Young Offenders Act | |
---|---|
Parliament of Canada | |
Citation | RSC 1985, c. Y-1 |
Enacted by | Parliament of Canada |
Enacted | April 2, 1984 |
Assented to | 1982 |
Repeals | |
Juvenile Delinquents Act | |
Repealed by | |
Youth Criminal Justice Act | |
Status: Repealed |
The Young Offenders Act (YOA; French : Loi sur les jeunes contrevenants) was an act of the Parliament of Canada, granted Royal Assent in 1982 and proclaimed in force on April 2, 1984, that regulated the criminal prosecution of Canadian youths. [1]
The act was repealed in 2003 with the passing of the Youth Criminal Justice Act .
The Young Offenders Act replaced the earlier Juvenile Delinquents Act enacted in 1908.
The Act established the national age of criminal responsibility at 12 years old, and said that youths can be prosecuted only if they break a law of the Criminal Code (previously, youths could be prosecuted or punished solely on the grounds that it was in the youth's best interests).[ citation needed ].
The Act also indicated that the rights established in the Canadian Charter of Rights and Freedoms apply to youths as well.
Controversy dogged the act for many years. Many felt that the Act's limit on a three-year detention sentence for youths was overly lax, and allowed youths to get unreasonably light sentences for murder or sexual assault. [1] This maximum was repeatedly increased until in 1996 it was extended to a maximum of ten years. That same year, a provision was also made to allow 16-year-olds to be tried as adults in certain cases. Critics contended that this was too harsh, as it made youths possible victims of life sentences.
The Act also drew much criticism from the public for not charging young offenders under the age of 12 years, and for banning publication of the identities of youths who commit criminal acts, contending that the number of violent crimes committed by youths has dramatically increased, as has the number of repeat young offenders, since the act was passed. [1] The demands by the Canadian public for changes for the better in dealing with youth crime, particularly in the wake of the beating and attempted murder in 1999 of then-15-year-old Jonathan Wambach in Newmarket, Ontario, by a gang of teenagers, [2] led to the introduction of the Youth Criminal Justice Act to replace the Young Offenders Act in 2003. [3]
Life imprisonment is any sentence of imprisonment for a crime under which the convicted criminal is to remain in prison for the rest of their natural life. Crimes that result in life imprisonment are considered extremely serious and usually violent. Examples of these crimes are murder, torture, terrorism, child abuse resulting in death, rape, espionage, treason, illegal drug trade, human trafficking, severe fraud and financial crimes, aggravated property damage, arson, hate crime, kidnapping, burglary, robbery, theft, piracy, aircraft hijacking, and genocide.
Measure 11, also known as "One Strike You're Out", was a citizens' initiative passed in 1994 in the U.S. State of Oregon. This statutory enactment established mandatory minimum sentencing for several crimes. The measure was approved in the November 8, 1994 general election with 788,695 votes in favor, and 412,816 votes against.
Juvenile delinquency, also known as juvenile offending, is the act of participating in unlawful behavior as a minor or individual younger than the statutory age of majority. These acts would otherwise be considered crimes if the individuals committing them were older. The term delinquent usually refers to juvenile delinquency, and is also generalised to refer to a young person who behaves an unacceptable way.
The Youth Criminal Justice Act is a federal Canadian statute that covers the prosecution of youths for criminal offences.
The Juvenile Delinquents Act, SC 1908, c 40 was a law passed by the Parliament of Canada to improve its handling of juvenile crime. The act established procedures for the handling of juvenile offenses, including the government assuming control of juvenile offenders. It was revised in 1929 and superseded in 1984 by the Young Offenders Act.
Juvenile court, also known as young offender's court or children's court, is a tribunal having special authority to pass judgements for crimes committed by children who have not attained the age of majority. In most modern legal systems, children who commit a crime are treated differently from legal adults who have committed the same offense. Juveniles have a lack of capacity for understanding their criminal acts, meaning they also have diminished criminal responsibility compared to their adult counterparts.
Winlaton Youth Training Centre was a Government owned and run female youth correctional facility located on 18 acres (73,000 m2) at 186 Springvale Road Nunawading, Victoria, Australia. The facility was designed to accommodate 14- to 18-year-old wards of the state. It opened in 1956 as the Winlaton Juvenile School, and closed in 1993 as the Nunawading Youth Residential Facility. A housing estate now occupies the site.
California Proposition 21, known also as Prop 21, was a proposition proposed and passed in 2000 that increased a variety of criminal penalties for crimes committed by youth and incorporated many youth offenders into the adult criminal justice system. Major provisions of the proposition, as summarized by Attorney General of California are:
The American juvenile justice system is the primary system used to handle minors who are convicted of criminal offenses. The system is composed of a federal and many separate state, territorial, and local jurisdictions, with states and the federal government sharing sovereign police power under the common authority of the United States Constitution. The juvenile justice system intervenes in delinquent behavior through police, court, and correctional involvement, with the goal of rehabilitation. Youth and their guardians can face a variety of consequences including probation, community service, youth court, youth incarceration and alternative schooling. The juvenile justice system, similar to the adult system, operates from a belief that intervening early in delinquent behavior will deter adolescents from engaging in criminal behavior as adults.
A diversion program, also known as a pretrial diversion program or pretrial intervention program, in the criminal justice system is a form of pretrial sentencing that helps remedy the behavior leading to the arrest. Administered by the judicial or law enforcement systems, they often allow the offender to avoid conviction and include a rehabilitation program to prevent future criminal acts. Availability and the operation of such systems differ in different countries.
Juvenile law pertains to those who are deemed to be below the age of majority, which varies by country and culture. Usually, minors are treated differently under the law. However, even minors may be prosecuted as adults.
The youth justice system in England and Wales comprises the organs and processes that are used to prosecute, convict and punish persons under 18 years of age who commit criminal offences. The principal aim of the youth justice system is to prevent offending by children and young persons.
Juvenile delinquency in the United States refers to crimes committed by children or young people, particularly those under the age of eighteen.
R v DB, 2008 SCC 25 is a landmark decision of the Supreme Court of Canada on youth justice and sentencing. The Court held the provisions of the Youth Criminal Justice Act that required presumptive adult sentences for youth convicted of certain offences to be unconstitutional. Ruling that the presumption of diminished moral blameworthiness for young persons was a principle of fundamental justice under section 7 of the Charter of Rights and Freedoms and that the impugned provisions unconstitutionally deprived them of their liberty by presuming their moral blameworthiness to be equivalent to adults.
Crime in New Zealand encompasses criminal law, crime statistics, the nature and characteristics of crime, sentencing, punishment, and public perceptions of crime. New Zealand criminal law has its origins in English criminal law, which was codified into statute by the New Zealand parliament in 1893. Although New Zealand remains a common law jurisdiction, all criminal offences and their penalties are codified in New Zealand statutes.
Life imprisonment in Canada is a criminal sentence for certain offences that lasts for the offender’s life. Parole is possible, but even if paroled, the offender remains under the supervision of Corrections Canada for their lifetime, and can be returned to prison for parole violations.
The United States incarcerates more of its youth than any other country in the world, through the juvenile courts and the adult criminal justice system, which reflects the larger trends in incarceration practices in the United States. In 2010, approximately 70,800 juveniles were incarcerated in youth detention facilities alone. As of 2006, approximately 500,000 youth were brought to detention centers in a given year. This data does not reflect juveniles tried as adults. As of 2013, around 40% were incarcerated in privatized, for-profit facilities.
Trial as an adult is a situation in which a juvenile offender is tried as if they were an adult, whereby they may receive a longer or more serious sentence than would otherwise be possible if they were charged as a juvenile.
Raising the age of juvenile jurisdiction in the state of North Carolina has been an ongoing issue in the North Carolina General Assembly. There are currently two pieces of legislation focusing on this issue, Senate Bill 506 and House Bill 632, which seek to raise the age of jurisdiction from 16 to 18. Four members of the North Carolina House of Representatives serve as the primary sponsors and there are twenty-six co-sponsors. Most of U.S. States define an adult at 18 years old; however, North Carolina and New York define a juvenile who has committed a criminal offense as no older than 16, which places 16- and 17-year-olds in a position where they are tried as adults for any offense.
The youth justice system in New Zealand consists of organisations and processes that deal with offending by children aged 10–13 years and young people aged 14–16 years. These differ from general criminal processes, and are governed by different principles.