Courts and Corrections

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Courts and Corrections
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The Youth Court Process

• After the police lay charges....
• Decision made about pre-trial detention
• Decision made about trial setting (no longer
  issue under YCJA No transfer process at all)
• Decisions made re conduct of trial re judges,
  juries, etc.

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Sentences (dispositions) are of three types

• Secure Custody ( supervision under YCJA)
• Conventional secure custody
• Intensive rehabilitative custody and supervision
  (YCJA)
• Open Custody ( supervision under YCJA)
• Non-Custodial Dispositions

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Non-Custodial Dispositions

• Absolute discharge (no conditions)
• Conditional discharge (with apology, e.g.)
• Reprimand (YCJA)
• Probation
• Intensive support and supervision (YCJA)
• Attendance order (YCJA)
• Deferred custody and supervision (YCJA)
• Fine
• Compensation to victim
• Community service

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Youth and Corrections Issues Surrounding
Custodial Dispositions

• Some Adult-Youth Comparisons
• Youths receive custody more often
• Disparity greatest for minor offenses
• Average sentence length for youths is greater for
  some crimes
• Youths incarceration rates are slightly higher
  than adults and higher than many US jurisdictions

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Trends in Custodial Sanctions since 1984 JDA to
YOA

• Increase in Custodial Dispositions
• Decrease in Average Length of Sentence

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Explanations for Custodial Dispositions

• The YOA imposed limits but not principles
• Judges justifications
• Rehabilitation/Child Welfare
• Deterrence
• Specific Deterrence
• General Deterrence
• Denunciation

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Changes under the YCJA

• Proposes proportionate logical consequences
  approach
• Promotes increased reliance on warnings/cautions
• Promotes extrajudicial sanctions (aka AM) for
  all property offences and most violent offences
• Reserves custody for serious violent and repeat
  offenders

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Sentencing Changes under YCJA (cont.)

• Establishes principles for sentencing
• Similar to youths under similar circumstances
• Not exceeding sentence for adults for same crime
• Must be warranted by the offence
• Must take into account youths degree of
  responsibility