Youth In Conflict Terms Exam 1, Youth Exam 2
Teaching self-control requires that caregivers
1. Monitor a child's behavior 2. Recognize the characteristics of low self-control 3. Sanction and correct these behaviors indicative of low self-control
Canadian Centre for Justice Statistics (CCJS) expreses crime in 3 ways
1. Number of youth charged 2. Rate of youth charged between 100,000 youth ages 12 - 17 3. The percentage of change in total youth rate between the reporting year and previous year
3 Categories of Gender Gap
1. Theories that explain the gender gap as biological differences 2. Those that explain the gender gap as derived from differences in gender role socialization 3. Focus on increased female deviance relative to males. Masculinization of women brought on by women's liberation and the feminist movement
Conferencing
A collaborative and non-conventional approach to decision-making in youth court
Net widening
A process whereby, in the attempt to divert individuals away from the criminal justice system, certain policies result instead in a greater number of individuals being formally processed
Bail Surety
A promise made by someone connected to the youth to pay the court money if the young person, who was released on bail, fails to return to court on the subsequent court date
Presumption
A rule of law that permits a court to assume something is true until such time as there is evidence that disproves the presumption
Community Based Sentence
A sentence that is served in the community
Nun Commission
Recommendations with respect to youth justice administration and accountability, youth crime legislation, and the prevention of youth crime
Triangulation
Refers to the process of using different sources of data to help provide a richer factual accounting of the facts being examined
Doli Incapax
Refers to the resumption that children between 7 and 14 could not be prosecuted for commiting criminal offenses, unless this presumption was contested by the Crown
Youth at Risk
Refers to young people who are "at risk" of offending or being victimized because of various social, family, and/or personal factors
Sebastians Law
Allows young offenders who have committed serious, violent acts, or who are serious repeat offenders, to be detained during pre-trial detention and for the courts to consider publishing the names of some young criminals
Control surplus
Amount of control they exercise is greater than the amount of control they experience Ex. You think you have more control over your friends
Critical discourse analysis
An approach in sociolinguistics that links discourse with political structure
Context Analysis
Analyzing media content for themes such as sensationalism or distortion
Frame Analysis
Analyzing media content to see how crime and criminals are depicted
Folk Devils
Any group that is perceived to pose a threat to the traditional values and institutions of society
Social Constructionism
Approach that sees social problems as constructed in the media
Punitive Turn Thesis
Argument that Western countries have become more punishment oriented, with longer sentences and higher levels of incarceration
Hirschi
Attachment, Commitment, Involvement, Belief
Risk principle
states that risk assessments should begin by identifying an offender's risk level and identifying services that can target the risk
Sentence custody
Being held in a custodial facility as a result of a court sentence
Strain Theory
Builds on the notion that delinquency can be explained as a response to being denied access to socially and conventionally approved opportunities for power and material success
Administrative offences
Charges not generally considered to be criminal Ex. failing to appear in court
Reformable young offender
Coined by Bryan Hogeveen Idea that some young offenders are troubled and need interventions with the hope of being rehabilitated
Punishable Young offender
Coined by Bryan Hogeveen Idea that the young offender is troublesome and therefore needs punishment first before possible rehabilitation methods.
Dialectical Behavioral Therapy (DBT) (Linehan)
Collaborative, therapeutically based intervention that helps clients to achieve cognitive and emotional self-knowledge and self-regulation and strengthens their ability to deal with stress and trauma
Deferred custody and supervision order
Community based alternative to a custodial sentence under which the young person will serve his or her sentence in the community under a set of strict conditions. If not followed, young person may be sent to custody for the rest of their sentence. Not exceeding 6 months.
Intensive support and supervision program
Community based sentence that provides more supervision than a probation order and can provide young offenders with access to programs that are appropriate to their specific needs
Youth Justice Court
Court in which young people are charged
Dark Figure of Crime
Crimes that go unreported
Access Period
Designated time frame during which a young person's youth record is active or disclosable and can be shared among relevant individuals attached to the young person as outlined in the YCJA
Hagan, Gillis, Simpson
Developed Power Control Theory
Juvenile Delinquent Act (JDA)
Enacted in 1908 and in force until 1984
Youth Criminal Justice Act
Enacted in 2002 and came into effect in 2003
Life Course Turning Points
Events that as marriage or employment that serve to direct an individuals developmental criminal career path toward either desistance or onset
Moral Panic
Exaggerated fears about social problems, including youth deviance, partly generated by the media
Tuthil
First American judge Created Chicago juvenile court
Social Control Theories
Focus on the capacity of all human beings to engage in deviance and crimes
Not criminally responsible on account of a mental disorder
For an individual found this way, there must be a mental abnormality causing significant impairment to preclude the individuals understanding of their behavior.
Disposition
For young offenders, this is the equivalent of sentencing for adults. Under the YCJA, a disposition should in theory be more rehabilitative and or restorative than retributive
Diminished Criminal Responsibility
General view that youths who are not adults should not be held fully responsible for their criminal behavior
Intensive support and supervision program
Gives young offenders access to resources appropriate to them
Parens Patriae
Idea that the state had a duty to intervene in the lives of children and assume the role of a substitute parent for those who were found to be either "delinquent" or "dependent"
Low self-control has 6 different characteristics
Impulsivity Lack of Diligence Risk Taking Physicality Insensitivity Low Frustration Tolerance
Mitigating Factors
Information presented to the court in relation to the facts of the case and the accused that may result in a lesser charge or sentence if he or she is found guilty.
Risk Assessment Tool
Instruments used to assess the multitude of risk and protective factors that have been and/or are present in young people's lives that can influence the likelihood of recidivism.
Screening Tools
Instruments used to identify at risk youth and assist in their referrals to appropriate programs and services
Gender Gap
Proportionally lower crime participation of females in comparison to males
Juvenile Delinquency
Legal term that came into popular use in the 19th century to describe violations of the law by persons who had not reached the legal age of adulthood
Extrajudicial Measures
Measures other than judicial proceedings that are used to deal with a young person alleged to have committed an offence
Preliminary Inquiry
Occurs before the case proceeds to trial and is a hearing in which the judge can determine if there is sufficient evidence to proceed to trial
Net Narrowing
Occurs when youth who have been diverted from the criminal justice system struggles to access adequate resources
Trajectories
Paths of development throughout the lifespan
Situated Choice
People make choices to become involved in certain relationships, work, personal, that are situated under certain structural and historical conditions and that can influence future behavior
Recidivism
Rate at which convicted individuals reoffend
Types of Strains
Removal of Positive Stimuli Addition of Negative Stimuli Failure to Archive Goals Overlapping Strain Negative Emotions Conditioning Factors
Young Offenders Act (YOA)
Replaced the JDA from 1984 - 2003
Pre-sentence report
Report prepared by a probation officer or youth centre councilor in quebec These written documents present the youth court with detailed information on the young person
Gender-sensitive responses
Responses that recognize that the pathways to criminal involvement and the needs of female offenders are different from those of male offenders
Main components of the philosophy underlying the act
Restraint Accountability Proportionality Protection of the Public Rehabilitation and addressing needs Structured Discretion
Static Risk Factors
Risk factors that are unchangeable (race, age etc.)
Dynamic Risk Factors
Risk factors that can change (hair color, tattoos etc.)
Indeterminate Sentences
Sentence of incarceration with no fixed expiration date
Juvenile Courts
Specialized courts to apply juvenile justive laws in the care of dependent and delinquent children
Age-graded theory
Suggest that social structural factors influence the quality and levels of these social bonds
Youth Criminal Justice Systems
Term often used today instead of juvenile courts Critical criminologist argue that it signifies a shift toward treating young offenders more like adult offenders
Adolescence
Term popularized by G. Stanley Hall Refers to the stage of life during which a person progresses from being a child to an adult
Informal social control (Sampson and Laub)
The control over people's behavior that develops as a result of relationships and attachments to significant others and investments in conventional activities that could be damaged by engagement in illegal activities
Control Balance Theory (Charles Tittle)
The degree of control that individuals perceive they have over their environment relative to the degree of control they perceive their environment has over them
Pre-trial Detention
The detention of a young person who has been charged with a Criminal Code offence in a youth custody facility as the youth awaits his or her trial/next court date
Adulteration
The dismantling of a distinct system of criminal justice for youth and the re-merging with systems of justice for adults
Pre-charge diversion
The diverting of young offenders from the formal youth criminal justice system before they are charged with an offence by the police under the Criminal Code
Diminished criminal responsibility
The general view that individuals who are not adults should not be held fully responsible for their criminal behavior
Cultivation Hypothesis
The hypothesis that the media inundate the public with ideas about crime
Racial Profiling
The increased surveillance of certain racial groups or culturally distinct neighborhoods by the police that cannot be explained by such groups actual increased involvement in criminal activities
Discretion
The latitude assigned to police officers and other professionals in the Canadian youth criminal justice system to decide how best to respond to a young person's delinquent or criminal behavior before laying a formal charge
Remand custody
The practice of holding a person in a custodial facility before or during his or her court appearance
General Theory of Crime (Gottfredson and Hirschi)
The propensity to commit crime remains stable throughout a person's life
General Strain Theory (Robert Agnew)
Theory that focuses on how a broad number of negative situations can lead to criminal behavior
Extrajudicial sanctions
Under the YCJA, relatively formal diversion programs that have been authorized by the provincial authorities
Power Control Theory
Variant of social control theory that suggest that social control, power, and constraint vary across gender Says families are structured such that they support and provide greater access for males risk taking behavior
Unfit to Stand Trial
When an individual is not fully capable of instructing counsel or understanding the nature and consequences of their trial
Best Interest of the Child
When the interests of a young person are paramount in decision making regarding his or her criminal justice system
Ideological flexibility
Where the portrayal of persons is ambiguous
Bail
Young person has been formally charged but is eligable to be released from custody
Deferred custody and supervision order (DCSP)
Young person is going to serve their time in the community under a set of very serious conditions Not exceeding 6 months.
Self-report
ask participants to reveal information about deviance that may have been committed by or against them
Responsivity Principle
assessment of the offender's likely receptivity to any treatment based on the offender's learning style
Labelling
calling a young person deviant
Objective strains
conditions, situations, or episodes that a majority of a given group will dislike Ex. School failure, lack of food
Serious Offence
constitutes any indictable offence for which an adult could receive the maximum punishment of imprisonment for five years or more
Needs principles
directs that assessments be used to establish the risk factors that contribute to a person's offending behavior
Disrupted Social Control
events or circumstances that weaken or destroy the relationships, attachments, and activities that provide barriers to engaging in criminal activities
Two principles of sentencing that are not contained in YCJA
specific deterrence and denunciation of the behavior
Criminogenic
producing or tending to produce crime or criminals
Intersectionality
the movement away from thinking categorically and toward thinking about the connections and crossroads between social facets
Chargeable young person
those who were charged by police and who a charge could be laid
Deviance Amplification
when you've been labelled, you tend to try to be like your label (self-fulfilling prophecy)