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NCJRS Abstract

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NCJ Number: 148268 Find in a Library
Title: PERSPECTIVE: SECTION 22(1), CONSENT TO TREATMENT ORDER UNDER THE YOUNG OFFENDERS ACT (FROM YOUTH INJUSTICE: CANADIAN PERSPECTIVES, P 109-119, 1993, THOMAS O'REILLY-FLEMING, BARRY CLARK, EDS. -- SEE NCJ-148261)
Author(s): A W Leschied; C W Hyatt
Date Published: 1993
Page Count: 11
Type: Issue Overview
Format: Article
Language: English
Country: Canada
Annotation: This article outlines the dilemma of whether a child, as defined under the Young Offenders Act (YOA), is capable of giving the type of consideration regarding the decision for or against treatment intended by the Act. The article also sets out inconsistencies within the law which indicate how a young person's testimony and opinions are to be regarded by the court, and reviews whether the literature in criminology supports rehabilitation as a viable option for a judge determining the most effective intervention for the young person.
Abstract: The inclusion of section 22(1) in the YOA appears to be in response to two principles: (1) emphasis on the individual right of children to protect themselves from what has been seen as involuntary intervention; (2) declining confidence in the benefits of rehabilitation as a goal of criminal justice. The article includes a discussion of developmental and therapeutic considerations in deciding on the capacity to provide consent; the law as it relates to a young person's opportunity to consent; and the effectiveness of rehabilitation. Endnotes
Main Term(s): Juveniles
Index Term(s): Corrections; Foreign juvenile justice systems
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=148268

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