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Courts and Corrections

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Decision made about pre-trial detention ... Decisions made re: conduct of trial re: ... Conditional discharge (with apology, e.g.) Reprimand (YCJA) Probation ... – PowerPoint PPT presentation

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Title: Courts and Corrections


1
Courts and Corrections
2
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.

3
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

4
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

5
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

6
Trends in Custodial Sanctions since 1984 JDA to
YOA
  • Increase in Custodial Dispositions
  • Decrease in Average Length of Sentence

7
Explanations for Custodial Dispositions
  • The YOA imposed limits but not principles
  • Judges justifications
  • Rehabilitation/Child Welfare
  • Deterrence
  • Specific Deterrence
  • General Deterrence
  • Denunciation

8
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

9
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
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