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)