Youth Crime and Judicial Systems in Canada
Introduction
Crime has become a serious international issue due to epidemic levels of increased youth crime. Given the recent increase in this group, there is a greater need than ever to adopt efforts to reduce and prevent youth-age crime. Juvenile criminality is the participation in unlawful behaviors by individuals considered minors or of a younger age than the statutory majority age in a particular country. Poor upbringing, unemployment, poverty, a lack of education, and peer pressure are all thought to contribute to young people engaging in criminal activities.
Throughout history, several views have emerged regarding the best way to deal with juvenile criminals. The youth were routinely detained alongside adults and mistreated with severe interventions in the 1800s (Smandych & Corrado, 2018). Although juveniles were housed separately from adults for most of the twentieth century, they received different degrees of fair treatment from the criminal court system. The change of events resulted from the Youth Criminal Justice Act, which mandates juveniles to face meaningful repercussions for their offense to lower recidivism and crime rates (Smandych & Corrado, 2018).
These measures, such as compelling the minor to compensate the victim, are measurable consequences that do more rehabilitation than punish the youth. Furthermore, they allow for early participation with youth and give the larger community a chance to contribute effectively to creating community-based solutions to youth crime (Smandych & Corrado, 2018). The legal system is freed up to deal with the most serious cases of juvenile offending, with society responding out of court to minor offenses by the youth.
The Youth Criminal Justice Act often strives to establish a neutral medium between worries for juvenile offenders’ futures and public pressure to punish them. When dealing with juvenile offenders, there is a conflict between the goals of rehabilitation and punishment, which can lead to ambivalence about juvenile criminals. On one side, violence and lawlessness must be condemned and severely punished to avoid future occurrences. On the other side, government policy should promote the healthy development of all youth, including those in danger of criminal activity. The Youth Criminal Justice Act joins the two sides, ensuring offenders face some degree of restriction and, simultaneously, change to return to society.
Youths are no longer reduced to miniature adults in discussions regarding juvenile misbehavior, nor is the world in which they live limited to that of adults. Adolescence is a period of ongoing growth in all aspects of a person’s life. Although youth and adolescents can sometimes make decisions similar to adults, many decisions are made in contexts that are difficult for adults to manage. These contexts include unfamiliar chores, decisions with uncertain results, and confusing scenarios (Pkala et al., 2021).
Adverse judgments, such as drug usage, theft, or physical altercations, are made by youth with little time for reflection, emotion, stress, or peer pressure, making the situation significantly more difficult. Therefore, understanding the individual, social environment, and community factors that promote delinquent behavior is important in analyzing adolescent crime. It is critical to understand the types of crimes committed by young people and the strategies that can most effectively prevent crime from starting or recurring. This study does a literature review on youth crime in Canada and the associated justice system. The research paper examines juvenile delinquency in Canada from various angles, including its causes, the forms of delinquent behavior it encourages, and the measures employed to address the problem. Youth crime in Canada is still a significant and challenging social problem, with current declines in general crime attributed to the well-established youth judicial systems.
Discussion (Literature Review, Research Discussions)
Decreased Crime Rates
Statistics Canada’s recent review of police-reported crime shows a considerable drop in criminal behavior among Canadian youths annually and over the last decade. According to the police report, the number of minors (12-17) charged with a crime under the criminal code in 2020 dropped significantly from 84139 in 2019 to 58,516 (Moreau, 2021). Furthermore, the youth crime severity index, which evaluates the frequency and severity of crimes committed by young people, declined by 53% between 2010 and 2020, according to the report by Moreau (2021). Canada’s provinces have different rankings for youth crime, with some high rates and others moderate. For example, Ontario’s youth crime severity index score has reduced from 61.2 to 36.6 between 2010 and 2020, lower than the national score (Moreau, 2021).
Other provinces including Nova Scotia, British Columbia, Labrador, Newfoundland, and Prince Edward Island have scores above the national one (Moreau, 2021). The high youth crime rates in different provinces show the seriousness of the social issue throughout the whole country.
Although the COVID-19 outbreak helped the significant year-over-year drop in juvenile crime across Canada, the Youth Criminal Justice Act was hailed for its alleged role in longer-term improvements in youth crime rates (Malakieh, 2018). It is vital to stress that the Youth Criminal Justice Act prioritizes research on adolescent alternatives to jail. Based on police records of juvenile criminal occurrences, the statistical reporting is unaffected by whether or not the offender was formally prosecuted or diverted from the official criminal justice system. Individuals’ history or backgrounds do not limit Youth Criminal Justice Act’s initiatives to rehabilitate all youth.
While the youth crime rate has continuously declined over the last two decades, the general crime rate, which includes both young people and adults, has been increasing during the previous five years. The increase is despite 2010 Statistics Canada data indicating that the rate of those charged with committing a crime peaked at 18 before declining significantly as the youth matured (Moreau, 2021).
The overall crime rate among people aged 17 to 18 was more than double that of those over the age of 30 in 2010 (Malakieh, 2018). Given the steady reduction in adolescent crime rates in table 1, one could argue that overall rates should fall. The statement is true given that the decrease in youth crime is substantially greater than the overall population loss, shown in table 1. However, this was not the case throughout the vast majority of the decade’s second half. The crime rate among young individuals declined much more than the overall population in 2019-2020 (Moreau, 2019).
Table 1 Comparison of Crime Rate Drop between the General Population and the Youth (Moreau, 2021).
The annual poll determines the most common infractions young people commit in Canada, assuming that arrest rates are at least inversely proportional to rates of actual action. Before the epidemic, adolescents’ four most prevalent offenses were simple assault, theft under $5,000, and mischief. Infractions concerning the administration of justice were less common than regular assaults, as shown in table 1 and table 2.
Table 2 Common crimes committed by the Youth in Canada (Moreau, 2019).
These crimes had reduced rates in 2020, but their relative frequency was about the same. Making threats, robbing individuals, breaking and entering, stealing, and assault with a weapon are the most common sorts of crime (table 2). Violent crimes, such as drug trafficking and sexual assault, are extremely infrequent. Some youth crime rates are comparable to adult crime rates, but this varies depending on the offense. Young individuals of all ages have nearly the same rates of assault, sexual assault, child pornography, arson, and firearm and ammunition violations (Moreau, 2019). Thefts and threats of less than $5,000 were treated the same way before the pandemic.
The Youth Criminal Justice Act
Due to a scarcity of studies, it is difficult to determine how much the Youth Criminal Justice Act provisions contributed to the long-term drop in youth crime. The Act’s emphasis on diversion and rehabilitation over punishment is likely to play a role in lowering recidivism among young offenders (Ricciardelli et al., 2019). Without question, the Youth Criminal Justice Act gives juvenile criminals a second chance to change their criminal behavior. Offenders within the population should take advantage of the Act’s safeguards, which may minimize or even eliminate the penalty. The Act encourages extrajudicial techniques to remove offenders from the court system for minor offenses (Younie, 2019).
Verbal warnings or written warnings from prosecutors and other high offices are examples of the approaches. Additionally, law enforcement officials may seek recommendations for community resources, counseling, or other remedies (Younie, 2019). Deferring legal action in exchange for compliance with established terms and circumstances, an example of a court-approved extrajudicial penalty, may additionally be advantageous. The Act promotes rehabilitation for reintegration into society while avoiding subsequent conviction.
The Youth Criminal Justice Act specifies several conditions for juvenile sentencing. Firstly, the penalties should not be harsher than those for adults who commit the same crimes. Treating adolescents with mercy enhances the possibility that they will change their ways and return to mainstream society (Younie, 2019).
Sanctions should be consistent with what is generally imposed on juvenile offenders. As a result, regardless of age or socioeconomic class, all juveniles must face the same punishment. The third principle is that the sanctions must be proportionate to the gravity of the offense and the degree of culpability of the perpetrator. Finally, the sentences should be the most tolerant option and most likely to facilitate rehabilitation. The purpose is for the criminal to realize their role in the crime, take responsibility for harm caused to others, and resolve not to commit similar crimes in the future.
Critical Discussion
Reasons for Breaking Law
According to the literature review, youth crime has remained high despite a dramatic decline over the last decade. The findings bring questions about the root causes of crime among the youth. Crime among this population results from various factors, so it is unreasonable to link the social problem to a single cause. This is due to the numerous challenges that young people experience, which lead to their involvement in illegal activity.
Home and family, school and friends, work, or social issues may result in youth crime (Pękala et al., 2021; Pfeifer et al., 2018). For example, when one or both parents are involved in criminal activity or when youth do not receive adequate parental direction and supervision, a toxic atmosphere is created in which youth are more likely to engage in criminal behavior. Inadequate parent-child communication may deter youth from voicing problems, leading to delinquent behavior instead (Dollinger, 2019). These are some of the factors that have been identified as promoting juvenile delinquency and, in some circumstances, undermining the effectiveness of rehabilitation programs.
However, the economic state considers factors such as youth poverty and unemployment. Young persons may turn to crime or substance misuse to cope with cases of unemployed and suffering domestic difficulties. According to Farrall et al. (2020), a key contributor to youth criminality is a lack of employment options. Specifically, in Canada, youth face challenges such as unemployment, cyberbullying, homelessness, discrimination, and social exclusion (Shields & Lujan, 2018).
These challenges are tougher for immigrants, who mostly lead poor-quality lives. Some young people are well-educated yet unable to find a job in their field, leaving them depressed and subject to exploitation by anyone, including criminals, as they struggle to make a living. A country’s political environment may also have a role in determining the criminal behavior of its young people (Farrall et al., 2020). For example, young people may seek alternative assistance to safeguard their future, and some may resort to criminal activities when there is political upheaval.
Financial imbalance and poverty increase crime rates among the youth as they try to live good lives like the rich. Young people who are used to living on a low budget frequently resort to unlawful activities to improve their situation and find peace (Farrall et al., 2020). Societal factors such as power disparities and service delivery gaps may drive young criminal activity (Farrall et al., 2020). Other social factors for youth crime include discrimination, peer pressure, and the media (Farrall et al., 2020). For example, if violent and criminal activity is portrayed as attractive in the media, young people may desire to emulate those participating in such behavior. As a result, it stands to reason that if a crime is to be minimized, the causes, as mentioned earlier, must be addressed.
Preventive Measures
Steps must be taken to lessen or eliminate adolescent delinquency because it is a serious and chronic issue. Identifying the core causes of crime and working to eliminate them would be an effective strategy. For instance, various approaches can be used to reduce community poverty and inequality (“Juvenile Delinquency Prevention,” n.d.). Efficient taxation that ensures the wealthy pay taxes to support the less fortunate is one way to achieve this goal and reduce inequality. As part of the effort to alleviate poverty, the minimum wage could be raised, and the number of available employment extended (“Juvenile delinquency prevention,” n.d.). The likelihood of the youth will reduce when they are engaged in economically useful pursuits over time.
Conclusions
Juvenile crime is a major concern in most countries because of the increasing rates at which young people engage in criminal conduct. Finding the underlying causes of youth criminality is tough, but solutions may be found once done. As responding to an occurrence after the crime is significantly more difficult, rehabilitation programs are necessary as they focus on preventing crime before it occurs. The programs can be used to help youth found guilty of minor offenses avoid the occurrence of serious ones. Canada’s overall crime rate has fallen significantly over the past decade. However, the additional study indicates that the overall decline is due to lower adolescent crime rates. Nevertheless, youth continue to be responsible for the great majority of crimes in Canada, necessitating the Youth Criminal Justice Act’s continued attempts to curb youth crime. The goals of intervention, sentencing, and other related correctional programs are to help ex-offenders reintegrate into society as productive members.
The research found that the prevalence and patterns of adolescent delinquency are relatively prevalent. The number of youths committing crimes in Canada is significant, surpassing that of the remaining general population. Establishing a legal minimum age for offenders is difficult since people mature at different rates. However, most juvenile charges include the destruction of someone else’s property, theft, and robbery. According to multiple studies assessed in the literature review, most juvenile offenders commit small offenses over a year. Additionally, most young people do not consider the effects of their acts on the legal system. As a result, even when one is arrested under particular conditions, the likelihood of future offenses still increases. The findings highlight the need for long-term initiatives focused on young age, the importance of focusing programs on critical issues in the classroom and society, and long-term prevention.
The findings of this research provide more evidence that juvenile delinquency remains a concern in Canada. According to this study, unemployment, poverty, and other macro-level variables, such as family disturbance, are to blame for the alarming crime rates in some parts of Canada. Peer pressure, parental participation, and level of education were all found to have substantial effects on an individual’s risk of committing criminal conduct. Targeted preventative measures are needed in inner-city neighborhoods with the highest rates of youth violence. In addition to some of the programs and initiatives indicated in this study, it is critical to consider strategies that interact with families and, whenever feasible, prevent community disruption.
Future Directions
This research was conducted using secondary data from peer-reviewed articles and government reports published from 2018-2022. Increased quality of research and more accurate conclusions can be achieved through the use of several primary sources of data in the future. Surveys and interviews can be used on a sample of youths in juvenile to get first-hand data on the causes of youth crime. Youth with juvenile history could provide quality information on changes they underwent after correctional programs.
For the recommendations, youth awareness initiatives, such as those emphasizing the significance of education and healthy living in general, can help the youth remain on legal paths and reduce crime rates among this population. Additionally, the Youth Criminal Justice Act aims to correct rather than punish youth offenders should be upheld. Societies need the energy and imagination of the youth to transform, and putting them in jail will waste their lives. However, rehabilitation can transform this population and equip them with the necessary social skills to benefit Canada.
References
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Moreau, G. (2021). Police-reported crime statistics in Canada, 2020. Statistics Canada. Web.
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