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The JDA, YOA, and YCJA

The JDA, YOA, and YCJA. Precursors to the JDA. 1857: Speedier trials to reduce jail time 1857: Creation of reformatories for delinquents (one in Upper Canada; one in Lower Canada) … But before 1908, most juveniles were still detained in adult prisons. The JDA (1908). Juvenile Courts

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The JDA, YOA, and YCJA

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  1. The JDA, YOA, and YCJA

  2. Precursors to the JDA • 1857: Speedier trials to reduce jail time • 1857: Creation of reformatories for delinquents (one in Upper Canada; one in Lower Canada) • … But before 1908, most juveniles were still detained in adult prisons.

  3. The JDA (1908) • Juvenile Courts • Industrial Schools (for the neglected, dependent, and delinquent) • Parens Patriae • New categories of kids: • Status Offenders • Pre-delinquents • Neglected Children

  4. Problems with the JDA • Harsh, arbitrary, or trivial punishment • Lack of due process • Increases in youth crime

  5. The YOA (1984) • Standardized age of offenders • Defined process of diversion (“alternative measures”) • Mandated legal counsel • Allowed only determinate sentencing • Eliminated status offenses

  6. Consequences of YOA • Increases in all charges • Increases in custody • Permanent increase in violent charges • Temporary increase in most other charges

  7. Criticisms of YOA • It was “soft” on young offenders (overwhelming public perception) • It “widened the net” through use of AM

  8. The YCJA (2001) • Replaces “AM” with “Extrajudicial Measures” • Formalizes use of “conferences” • Discourages pretrial detention • Provides sentencing principles • Provides new sentencing options • Changes procedures for “adult” sentencing • Mandates “supervision” (i.e., “parole”)

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