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Strengths and the Weaknesses of the YCJA
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Strengths and the Weaknesses of the YCJA
By Christian Almonte
History of the YCJA
The YCJA was established in 2003 and applies to youth that are at least 12 but under 18 years of age.
Before the YCJA was established, the previous legislations were the JDA (Juvenille Delinquents Act) (1908-1984) and the YOA (Young Offenders Act) (1984-2003)
The YCJA
Purpose of the YCJA
The YCJA was implemented as a way for ensuring accountability among youth through meaningful consequences, rehabilitation, and reintegration.
It was created for the purpose of providing guidance and support and reduce the reliance on incarceration among youth
Purpose of the YCJA
Strength of the YCJA
Strength
The YCJA focuses on rehabilitative approaches towards dealing with youth that have become involved in criminal offenses. Through community involvement and rehabilitative programs, the youth are given the ability to take responsibility for their actions as well as learn and grow from their mistakes rather than just face incarceration.
Why Rehabilitation over Incarceration?
Rehabilitation over Incarceration
A report done on the positive outcomes for youth involved in the law (Kwok,Houwer, HeavyShield, Weatherstone, & Tam, 2017) discusses that "Punitive sanctions such as jail, which is designed to shock youth into law-abiding behaviour, does not reduce recidivism" and that "Effective programs that adhere to principles of risk, need, and responsivity yield the highest means of recidivism"
Furthermore, there has been evidence shown that shows a steady decrease in youth incarceration rates since the implementation of the YCJA due to less punitive approaches
Impact of Incarceration
Youth in Incarceration
Youth that become submitted into incarceration end up facing a myriad of problems. Some of these problems include:
-Developmental Disabilities
-Poor Mental Health
-Disruption of Future Careers
Studies have been done to show that incarceration during adolescence and early adulthood highly impact one's mental and physical health, as well as show an increase in suicidal thinking
The YCJA has difficulties dealing with repeat offenders
Weakness
Some youth aren't deterred from committing crimes even after going through the process. As the main goal of the YCJA is to hold young persons accountable through just sanctions that have meaningful consequences, there are some individuals that don't respond well towards rehabilitation.
Part of this reason could be due to the communities that they go back to once they've served their time.
Article from the Winipeg Sun
Article from the Winnipeg Sun
"In Manitoba, between 40% and 60% of young offenders who serve short jail terms end back in jail within two years of being released"
"The problem is they return to the same poisonous, dysfunctional community that bred them in the first place and they almost instantly go back to their criminal ways."
(Brockbeck, 2012)
Re-Offenders and their Communities
Communities
If re-offenders didn't initially have good supports and are going back to the same community where they picked up criminal behaviour, the influences around them can de-value the work of rehabilitation and reintegration that the YCJA teaches it's youth.
Brodbeck, T. (2012) YCJA still not working - time for real reform. Retrieved from: https://winnipegsun.com/2012/12/14/ycja-still-not-working--time-for-real-reform/wcm/52d6cd6d-3656-4457-aa75-a8399ff437c3
Kwok, S.M., Houwer, R., HeavyShield, H., Weatherstone, R. & Tam, D. (2017). Supporting
Positive Outcomes for Youth Involved with the Law. Youth Research and Evaluation eXchange
(YouthREX). Toronto, ON.
Youth Criminal Justice Act, SC 2002
References