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CC200 CC200 Youth Justice Youth Justice The Rise and Fall of The Rise and Fall of Delinquency Delinquency Chapter One Chapter One

CC200 Youth Justice The Rise and Fall of Delinquency Chapter One

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Page 1: CC200 Youth Justice The Rise and Fall of Delinquency Chapter One

CC200CC200Youth JusticeYouth Justice

The Rise and Fall of The Rise and Fall of DelinquencyDelinquency

Chapter OneChapter One

Page 2: CC200 Youth Justice The Rise and Fall of Delinquency Chapter One

The Public IssueThe Public Issue

Over the last twenty years, youth crime Over the last twenty years, youth crime has been the focus of public concern and has been the focus of public concern and discourse.discourse.

Canada-wide, newspaper headlines warned Canada-wide, newspaper headlines warned their readers of a serious crime problem if their readers of a serious crime problem if immediate steps were not taken.immediate steps were not taken.

Beyond the headlines, newspapers have Beyond the headlines, newspapers have consistently carried horrific accounts of consistently carried horrific accounts of violent criminal deeds carried out by young violent criminal deeds carried out by young Canadians.Canadians.

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By the close of the 1990s, media By the close of the 1990s, media headlines were fuelling public fear and headlines were fuelling public fear and concern regarding violent crimes concern regarding violent crimes committed by girls.committed by girls.

School violence was also added to the School violence was also added to the growing list of horrific youth behaviors.growing list of horrific youth behaviors.

News coverage of violent crimes is not News coverage of violent crimes is not surprising – think of the old saying in surprising – think of the old saying in media “if it bleeds, it leads”. media “if it bleeds, it leads”.

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What may be surprising is the amount What may be surprising is the amount of coverage that youth crime generates of coverage that youth crime generates in the media, when those who study in the media, when those who study crime in society are well aware that crime in society are well aware that adult crime far surpasses youth crime, adult crime far surpasses youth crime, both in quality and severity.both in quality and severity.

It is also surprising when one looks at It is also surprising when one looks at the proportion of youth crime that is the proportion of youth crime that is violent to that which is not.violent to that which is not.

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Questions to considerQuestions to consider

According to recent police statistics According to recent police statistics (2005), the rate of violent youth crime (2005), the rate of violent youth crime has remained relatively stable since has remained relatively stable since 1992 and actually decreased by 2 1992 and actually decreased by 2 percent in 2004.percent in 2004.

Why, then does the public believe that Why, then does the public believe that violent youth crime is on the rise?violent youth crime is on the rise?

What potential impact has this belief had What potential impact has this belief had on legislation regarding youth crime?on legislation regarding youth crime?

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Media coverage along with personal Media coverage along with personal experiences, in some cases, prompted experiences, in some cases, prompted many Canadians to express their many Canadians to express their concerns about ‘out-of-control’ youth and concerns about ‘out-of-control’ youth and criminal behaviors.criminal behaviors.

The general public consensus regarding The general public consensus regarding the Young Offenders Act (YOA) was that it the Young Offenders Act (YOA) was that it was ineffective in curbing youth crime, was ineffective in curbing youth crime, that it was too lenient, and that it needed that it was too lenient, and that it needed to be over-hauled.to be over-hauled.

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Youth crime became a focal point for Youth crime became a focal point for politicians during the 1993 federal election.politicians during the 1993 federal election.

As a result, the YOA was revised three times As a result, the YOA was revised three times before being replaced in April of 2003 by the before being replaced in April of 2003 by the Youth Criminal Justice Act.Youth Criminal Justice Act.

Even with the implementation of the new Even with the implementation of the new Act, the flow of media on violent youth and Act, the flow of media on violent youth and youth crime did not slow down, nor did the youth crime did not slow down, nor did the rhetoric of politicians – youth crime was still rhetoric of politicians – youth crime was still a major issue in the federal election of 2006.a major issue in the federal election of 2006.

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The same old ‘new’ issue is the ability of The same old ‘new’ issue is the ability of the new legislation to offer more than a the new legislation to offer more than a ‘slap on the wrist’ for youth engaged in ‘slap on the wrist’ for youth engaged in criminal and violent behaviors.criminal and violent behaviors.

If we are to believe media accounts and If we are to believe media accounts and coverage of the new Act, we could coverage of the new Act, we could conclude that the Act has failed, that conclude that the Act has failed, that nothing is new, and that youth justice is nothing is new, and that youth justice is still a ‘slap on the wrist’.still a ‘slap on the wrist’.

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Two Sides to the Same Old Two Sides to the Same Old DebateDebate

1995-20051995-2005 Part of the Liberal federal government’s Part of the Liberal federal government’s

1995 YOA reforms involved a 1995 YOA reforms involved a Strategy for Strategy for Reform Reform of the complete youth justice of the complete youth justice system.system.

An important part of this process was the An important part of this process was the implementation of public forums across implementation of public forums across Canada to discuss the issue of youth crime, Canada to discuss the issue of youth crime, to propose potential solutions, and to make to propose potential solutions, and to make recommendations to the House of Commons recommendations to the House of Commons Standing Committee on Justice and Legal Standing Committee on Justice and Legal Affairs.Affairs.

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The core of the debate centered The core of the debate centered around the question of whether the around the question of whether the YOA effectively controlled youth YOA effectively controlled youth crime.crime.

The public was clearly divided into The public was clearly divided into two camps – youth advocates and two camps – youth advocates and the law-and-order advocates. the law-and-order advocates.

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Youth Advocate PositionYouth Advocate Position

This camp included social workers, This camp included social workers, lawyers, and other front-line youth lawyers, and other front-line youth workers and viewed children and workers and viewed children and youth as victims in need of protection.youth as victims in need of protection.

They believed that neither the YOA They believed that neither the YOA nor children were the problem.nor children were the problem.

For this group, the important issues For this group, the important issues were those related to the difficulties were those related to the difficulties that youth encounter in an that youth encounter in an increasingly complex society.increasingly complex society.

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This perspective focuses on the current This perspective focuses on the current economic, social, and political realities economic, social, and political realities that can be a tremendous hardship for that can be a tremendous hardship for some young people and their families.some young people and their families.

Economic and/or social problems may Economic and/or social problems may exacerbate other problems with exacerbate other problems with families and some young people are families and some young people are forced to leave home as a matter of forced to leave home as a matter of survival.survival.

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Youth advocates were fundamentally Youth advocates were fundamentally concerned with the problems concerned with the problems experienced by young people rather experienced by young people rather than youth crime.than youth crime.

It was their opinion that youth crime It was their opinion that youth crime had been exaggerated and had been exaggerated and misrepresented in most public misrepresented in most public accounts, particularly by the media.accounts, particularly by the media.

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The Law-and-Order The Law-and-Order ArgumentArgument

The other perspective was the one most The other perspective was the one most often seen in media presentations.often seen in media presentations.

This law-and-order group viewed This law-and-order group viewed children and youth accused of crime as children and youth accused of crime as an enemy from whom law-abiding an enemy from whom law-abiding citizens (adults) needed protection.citizens (adults) needed protection.

This group included police officers, This group included police officers, store security personnel, small-business store security personnel, small-business owners, and home-owners associations.owners, and home-owners associations.

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They viewed youth as ‘out-of-control’ They viewed youth as ‘out-of-control’ and argued that both youth and the and argued that both youth and the YOA were problems.YOA were problems.

They argued for a ‘get tough on They argued for a ‘get tough on crime’ policy and called tougher crime’ policy and called tougher legislation to deal with the perceived legislation to deal with the perceived problem.problem.

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Youth were a problem Youth were a problem because:because:

1.1. They were said to lack respect.They were said to lack respect.

2.2. They lacked a sense of They lacked a sense of responsibility.responsibility.

3.3. They were increasingly involved in They were increasingly involved in violent criminal behavior.violent criminal behavior.

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The YOA was problematic The YOA was problematic because:because:

1.1. Youth could not be identified.Youth could not be identified.

2.2. Youth were not punished for their Youth were not punished for their crimes.crimes.

3.3. Youth had more rights than their Youth had more rights than their victims.victims.

4.4. Youth were too protected by the Youth were too protected by the YOA.YOA.

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Ten years later, people are again gathering to Ten years later, people are again gathering to discuss the youth justice system, only this time discuss the youth justice system, only this time it is the Youth Criminal Justice Act that is it is the Youth Criminal Justice Act that is under scrutiny.under scrutiny.

It is interesting that even though the It is interesting that even though the participants in the forum have changed the participants in the forum have changed the focus is the same – the youth justice system.focus is the same – the youth justice system.

The same arguments are still being put The same arguments are still being put forward by youth advocates and law-and-order forward by youth advocates and law-and-order advocates.advocates.

So, why does appear that the more things So, why does appear that the more things change the more they remain the same?change the more they remain the same?

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““The Good Old Days”The Good Old Days”

Perhaps the most basic assumption Perhaps the most basic assumption influencing public views regarding youth influencing public views regarding youth crime is the notion that today’s youth are crime is the notion that today’s youth are more engaged in violent and criminal more engaged in violent and criminal behaviors.behaviors.

Yet crime statistics do not support this idea.Yet crime statistics do not support this idea. Canadian crime statistics dating back to Canadian crime statistics dating back to

1885 indicate that youth have always been 1885 indicate that youth have always been involved in criminal activity, including involved in criminal activity, including violent crime.violent crime.

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It is hard to find historical data on It is hard to find historical data on youth crime and public responses youth crime and public responses prior to 1885 because youth crime prior to 1885 because youth crime statistics were not always kept in the statistics were not always kept in the same manner that they are today.same manner that they are today.

There are no consistent prison There are no consistent prison records, for example, until 1885 records, for example, until 1885 when Kingston Penitentiary – the when Kingston Penitentiary – the first Canadian prison – opened.first Canadian prison – opened.

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Most Canadian criminologist Most Canadian criminologist studying in this area have relied studying in this area have relied more on the work of historians than more on the work of historians than criminologist to develop an criminologist to develop an understanding of youth crime and understanding of youth crime and justice in the early years.justice in the early years.

So, what have we discovered?So, what have we discovered?

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Lawless and Disobedient Lawless and Disobedient Youth: 17Youth: 17thth and 18 and 18thth

Centuries.Centuries. Information on youth involvement in Information on youth involvement in

crime in Canada during this time crime in Canada during this time period is sketchy.period is sketchy.

What information we can uncover What information we can uncover indicates that concerns were indicates that concerns were expressed about youth as a problem expressed about youth as a problem in North American colonies as early in North American colonies as early as the late 17as the late 17thth century. century.

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Throughout recorded history, children in Throughout recorded history, children in European societies have had a different European societies have had a different legal status than adults.legal status than adults.

In essence, what this means is simply that In essence, what this means is simply that they had no legal rights.they had no legal rights.

Infanticide, child labor, and child slavery Infanticide, child labor, and child slavery were common.were common.

The idea that children had legal rights or The idea that children had legal rights or that they had legal rights to protection from that they had legal rights to protection from adults did not emerge until the 19adults did not emerge until the 19thth century. century.

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Colonial administrators brought Colonial administrators brought traditions and legal codes to the New traditions and legal codes to the New World.World.

The first European settler executed in The first European settler executed in the territories of Canada was a 16 year the territories of Canada was a 16 year old female who was convicted of theft in old female who was convicted of theft in 1640.1640.

However, in some cases, young persons However, in some cases, young persons were treated with more leniency. For were treated with more leniency. For example…example…

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In 1672 a 13 year old girl who had In 1672 a 13 year old girl who had helped her parents murder her helped her parents murder her husband escaped execution because husband escaped execution because of her age.of her age.

Instead, she was required to watch Instead, she was required to watch the execution of her parents.the execution of her parents.

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Colonial Public IssueColonial Public Issue

The issue for colonial administration The issue for colonial administration in the territories of Canada was the in the territories of Canada was the freedom and independence that young freedom and independence that young people had relative to their people had relative to their counterparts in the Old World.counterparts in the Old World.

In Europe, children were subservient In Europe, children were subservient to adults and dependent on parents.to adults and dependent on parents.

This was not always the case in the This was not always the case in the New World.New World.

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In the largely rural nature of the population In the largely rural nature of the population in New France, parents were dependent on in New France, parents were dependent on the children’s labor for economic survival and the children’s labor for economic survival and success.success.

Therefore, rural and working-class children in Therefore, rural and working-class children in the New World had considerable the New World had considerable independence from their parents.independence from their parents.

In the view of the colonial administrators, In the view of the colonial administrators, parental authority was significantly parental authority was significantly undermined by this arrangement and this undermined by this arrangement and this lack of authority was evidenced in young lack of authority was evidenced in young people’s behaviors.people’s behaviors.

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Causes and solutions: An Causes and solutions: An Era of Control and Era of Control and

PunishmentPunishment Another identified issue concerned Another identified issue concerned

the fur trade – an extremely the fur trade – an extremely lucrative business at this time.lucrative business at this time.

The system of inheritance in place at The system of inheritance in place at the time, dictated that only the the time, dictated that only the eldest son could inherit family farms.eldest son could inherit family farms.

Other children had to look elsewhere Other children had to look elsewhere for a livelihood.for a livelihood.

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The fur trade provided this The fur trade provided this opportunity for many young men as opportunity for many young men as well as promising freedom, adventure well as promising freedom, adventure and a lucrative career.and a lucrative career.

According to Carrigan (1991), the fur According to Carrigan (1991), the fur trade was “rife with fraud, immorality, trade was “rife with fraud, immorality, theft, assault, and murder” and theft, assault, and murder” and teenagers “probably contributed their teenagers “probably contributed their fair share to the lawlessness” (pg.204).fair share to the lawlessness” (pg.204).

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Another very real source of problems Another very real source of problems came from the active promotion of came from the active promotion of immigration to the New World.immigration to the New World.

Impoverished Europeans had been Impoverished Europeans had been lured to the New World with promises lured to the New World with promises of a better, more prosperous life.of a better, more prosperous life.

However, once they arrived, many However, once they arrived, many found unemployment, sickness, found unemployment, sickness, destitution, or death.destitution, or death.

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Untold quantities of children found Untold quantities of children found themselves in desperate themselves in desperate circumstances because of the circumstances because of the hardships faced by their parents in hardships faced by their parents in the New World.the New World.

Some parents died while others Some parents died while others simply abandoned their children.simply abandoned their children.

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In the 18In the 18thth century, a variety of measured century, a variety of measured were proposed as solutions to youth crime.were proposed as solutions to youth crime.

More schools, more priests, and More schools, more priests, and confinement to settled parts of the colony confinement to settled parts of the colony were as informal solutions uniquely suited were as informal solutions uniquely suited to the political, social, and economic to the political, social, and economic structures of this time, other proposals such structures of this time, other proposals such as fines and punishments for parents and as fines and punishments for parents and offenders, military justice, and an increase offenders, military justice, and an increase of garrison troops has a familiar modern of garrison troops has a familiar modern ring to them.ring to them.

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A Question of Immorality: A Question of Immorality: the 19the 19thth Century Century

Urban problems associated with immigration Urban problems associated with immigration and poverty continued and worsened and poverty continued and worsened throughout the 19throughout the 19thth century. century.

The Irish famine exacerbated the orphan The Irish famine exacerbated the orphan problem in Canada by increasing the number problem in Canada by increasing the number of people emigrating to the New World.of people emigrating to the New World.

By the mid-1800s, British and Canadian By the mid-1800s, British and Canadian authorities had implemented policies to send authorities had implemented policies to send Britain’s orphaned, poor, and destitute Britain’s orphaned, poor, and destitute children to Canada as indentured servants. children to Canada as indentured servants.

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DefinitionDefinition Indentured servant – a bonded laborer - a Indentured servant – a bonded laborer - a

laborer under contract to work for an employer laborer under contract to work for an employer for a specific amount of time, about 7-8 years, for a specific amount of time, about 7-8 years, to pay off a passage to a new country or home. to pay off a passage to a new country or home.

Typically the employer provided little if any Typically the employer provided little if any monetary pay, but was responsible for monetary pay, but was responsible for accommodation, food, other essentials, and accommodation, food, other essentials, and training. training.

Upon completion of the term of the contract the Upon completion of the term of the contract the laborer sometimes received a lump sum laborer sometimes received a lump sum payment such as a parcel of land and was free payment such as a parcel of land and was free to farm or take up trade of his own. to farm or take up trade of his own.

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Between 1883 and 1903, more than Between 1883 and 1903, more than 95,000 children came to Canada under the 95,000 children came to Canada under the sponsorship of child immigration agencies.sponsorship of child immigration agencies.

Many of these children found only a life of Many of these children found only a life of misery and harsh working conditions in misery and harsh working conditions in Canada.Canada.

Some children abandoned their contracts Some children abandoned their contracts (a punishable offence) which left them (a punishable offence) which left them dependent on their own resources for dependent on their own resources for survival.survival.

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Life was also very challenging for Life was also very challenging for the poor in Victorian Canada.the poor in Victorian Canada.

Many did not have work, and those Many did not have work, and those who were ‘fortunate’ enough to who were ‘fortunate’ enough to secure employment were often at secure employment were often at the mercy of unscrupulous the mercy of unscrupulous employers.employers.

What factor might have contributed What factor might have contributed to being at the mercy of employers?to being at the mercy of employers?

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Girls were especially vulnerable.Girls were especially vulnerable. Those working as domestics and Those working as domestics and

servants for shopkeepers were often servants for shopkeepers were often forced to ‘service’ male customers in forced to ‘service’ male customers in order to keep their jobs.order to keep their jobs.

They were not free to leave the job They were not free to leave the job because they would forfeit a letter of because they would forfeit a letter of reference without which they would reference without which they would not be able to secure another job.not be able to secure another job.

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The Victorian Public The Victorian Public IssueIssue

By the mid-1800s, the urban middle-By the mid-1800s, the urban middle-class in North America began to class in North America began to voice concerns about the morality of voice concerns about the morality of the poor and destitute.the poor and destitute.

Various urban relief agencies were Various urban relief agencies were created in cities across the continent created in cities across the continent to address issues such as illiteracy, to address issues such as illiteracy, prostitution, alcohol abuse, juvenile prostitution, alcohol abuse, juvenile delinquency, and ‘family squalor’.delinquency, and ‘family squalor’.

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The discourse surrounding those The discourse surrounding those agencies and their activities served agencies and their activities served to define problems, their ‘causes’, to define problems, their ‘causes’, and seemingly appropriate solutions.and seemingly appropriate solutions.

During the second half of the 19During the second half of the 19thth century, the issue of youth crime century, the issue of youth crime seemed to focus on the issue of seemed to focus on the issue of morality.morality.

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High levels of poverty and the High levels of poverty and the accompanying destitution brought on by accompanying destitution brought on by a lack of employment opportunities and a lack of employment opportunities and severe working conditions meant that severe working conditions meant that high numbers of children and young high numbers of children and young people were spending a significant people were spending a significant portion of their days on the streets portion of their days on the streets where they engaged in begging, where they engaged in begging, stealing, and selling whatever they could stealing, and selling whatever they could to make a living.to make a living.

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The public issue however was not poverty.The public issue however was not poverty. It was the morality of the impoverished It was the morality of the impoverished

working class.working class. The parents of these children were The parents of these children were

considered to be immoral and unable considered to be immoral and unable and/or unwilling to control their children.and/or unwilling to control their children.

Much of the morality discourse about Much of the morality discourse about youth problems centered around youth problems centered around discussions about ‘children on the streets’ discussions about ‘children on the streets’ and what could be done about them.and what could be done about them.

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Young women on the streets were Young women on the streets were also the focus of grave concern.also the focus of grave concern.

However, their safety was not the However, their safety was not the issue or concern.issue or concern.

Instead the focus was on the Instead the focus was on the perceived danger to their morality.perceived danger to their morality.

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Causes and Solutions: An Causes and Solutions: An Era of Social ReformEra of Social Reform

A reform movement swept across North A reform movement swept across North America in the later half of the 19America in the later half of the 19thth century.century.

The fundamental elements of this The fundamental elements of this movement were a focus on the movement were a focus on the individual, a wide-spread belief in the individual, a wide-spread belief in the goodness of humanitarian sentiments, goodness of humanitarian sentiments, and a belief in the ability of the state and a belief in the ability of the state and professionals to reform individuals.and professionals to reform individuals.

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This, in essence, marked the emergence This, in essence, marked the emergence of the rehabilitative philosophy.of the rehabilitative philosophy.

Reformers argued that it made no sense Reformers argued that it made no sense to fight evil with evil by imprisoning and to fight evil with evil by imprisoning and punishing criminal offenders.punishing criminal offenders.

Instead it would much more effective in Instead it would much more effective in the long-run to fight evil with good by the long-run to fight evil with good by attempting to rehabilitate individuals attempting to rehabilitate individuals who had committed crimes.who had committed crimes.

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This reform policy applied most readily This reform policy applied most readily to children and young people.to children and young people.

‘‘Child savers’ found it easy to believe Child savers’ found it easy to believe that if young enough, a child could be that if young enough, a child could be ‘saved’ from a life of crime through ‘saved’ from a life of crime through interventions designed to correct the interventions designed to correct the factors believed to influence children factors believed to influence children in the development of criminal ways.in the development of criminal ways.

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Along with this belief came the Along with this belief came the conclusion that placing children in conclusion that placing children in prison with adult criminals was not prison with adult criminals was not the way to combat the problem of the way to combat the problem of youth crime.youth crime.

Prisons were viewed by many as Prisons were viewed by many as ‘schools of crime’ where children ‘schools of crime’ where children would associate with, and pick up the would associate with, and pick up the habits of, ‘hardened’ adult criminals.habits of, ‘hardened’ adult criminals.

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One hundred years earlier, it had One hundred years earlier, it had been argued that improper parenting been argued that improper parenting was the cause of youth problems.was the cause of youth problems.

By the end of the 19By the end of the 19thth century century improper parenting was again improper parenting was again emerging in public discourse as the emerging in public discourse as the primary ‘cause’ of youth crime.primary ‘cause’ of youth crime.

However, this time, the claims took on However, this time, the claims took on another dimension.another dimension.

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Youth problems were no longer Youth problems were no longer attributed to a lack of parental attributed to a lack of parental discipline of loss of authority.discipline of loss of authority.

Instead, neglectful and/or immoral Instead, neglectful and/or immoral parents were blamed for youth parents were blamed for youth problems and criminal behaviors.problems and criminal behaviors.

Poor, working-class parents were Poor, working-class parents were viewed as inadequate or as bad role viewed as inadequate or as bad role models for their children.models for their children.

Sound familiar?Sound familiar?

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By the end of the 19By the end of the 19thth century, the century, the juvenile delinquent had been born.juvenile delinquent had been born.

Growing up on the street became Growing up on the street became the subject of public condemnation the subject of public condemnation and regulation and a life-style – a and regulation and a life-style – a street culture – had become the street culture – had become the most common definition of juvenile most common definition of juvenile delinquency (Houston, 1982, p.131).delinquency (Houston, 1982, p.131).

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The Era of the Juvenile The Era of the Juvenile Delinquent : The 20Delinquent : The 20thth

CenturyCentury The turn of the century saw continued The turn of the century saw continued

increases in population and in the rapid increases in population and in the rapid growth of cities.growth of cities.

This was accompanied by a variety of This was accompanied by a variety of social issues, including increases in youth social issues, including increases in youth crime.crime.

Simply put, as cities grew and Simply put, as cities grew and commercial activities expanded so did commercial activities expanded so did the opportunities for criminal activities the opportunities for criminal activities and different types of crime.and different types of crime.

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Statistics for all of Canada indicate dramatic Statistics for all of Canada indicate dramatic increases in youth crime rates throughout the increases in youth crime rates throughout the 2020thth century. century.

Convictions of children under 16 increased Convictions of children under 16 increased by over 124 percent between 1911 and 1921, by over 124 percent between 1911 and 1921, and by over 67 percent between 1921 and and by over 67 percent between 1921 and 1931.1931.

During the 1920s, drug use and drug dealing During the 1920s, drug use and drug dealing surfaced as a social issue and led to a surfaced as a social issue and led to a number of arrests and convictions of young number of arrests and convictions of young people in Canada.people in Canada.

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Increases in the numbers of youth Increases in the numbers of youth involved in criminal activities do not involved in criminal activities do not necessarily mean that young people necessarily mean that young people were or are behaving in a more criminal were or are behaving in a more criminal manner.manner.

As the number of people in a population As the number of people in a population increases, the amount of crime will also increases, the amount of crime will also increase simply because there are more increase simply because there are more people to engage in criminal behavior.people to engage in criminal behavior.

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A comparative technique is to examine A comparative technique is to examine what what proportionproportion of all crime is of all crime is accounted for by youth people.accounted for by youth people.

In 1972, juveniles accounted for 19.5% In 1972, juveniles accounted for 19.5% of all persons charged with Criminal of all persons charged with Criminal Code offences.Code offences.

They accounted for 32.2% by 1980.They accounted for 32.2% by 1980. In 1989, young people under the age of In 1989, young people under the age of

18 were responsible for 22% of all 18 were responsible for 22% of all Criminal Code charges.Criminal Code charges.

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This had decreased to 19 % in 1999, This had decreased to 19 % in 1999, and to 17% in 2003.and to 17% in 2003.

As we can see, while there have As we can see, while there have been variations in the percentages, been variations in the percentages, we see that youth represent a we see that youth represent a relatively small percentage of relatively small percentage of offenders when compared to adults.offenders when compared to adults.

And this number appears to be And this number appears to be decreasing in the last few years.decreasing in the last few years.

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A Sociological Perspective A Sociological Perspective on Youth Crimeon Youth Crime

A sociological perspective is A sociological perspective is different from other perspectives, different from other perspectives, like a psychological one for example, like a psychological one for example, because we attempt to place the because we attempt to place the individual into a larger context in individual into a larger context in order to better understand behavior.order to better understand behavior.

The individual’s history, family, The individual’s history, family, school, or neighborhood become school, or neighborhood become important…important…

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But this interest leads to further But this interest leads to further questions about these factors that also questions about these factors that also need to be understood in a context.need to be understood in a context.

The history of the family, the structure The history of the family, the structure of government, and how that of government, and how that regulates family, or the culture, regulates family, or the culture, economy, polity, and philosophy of economy, polity, and philosophy of Canadian or western society, and the Canadian or western society, and the impact of all of these factors on family impact of all of these factors on family structure and dynamics.structure and dynamics.

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Therefore, sociological questions about Therefore, sociological questions about crime – including youth crime – range crime – including youth crime – range from exploring why individuals behave as from exploring why individuals behave as they do, by examining the family, school, they do, by examining the family, school, or peers, to questions about crime in a or peers, to questions about crime in a global context.global context.

Questions about crime also include Questions about crime also include questions about the meaning of crime, questions about the meaning of crime, how we talk about it, and define it, how how we talk about it, and define it, how we respond to it and regulate it, and how we respond to it and regulate it, and how we think about both.we think about both.

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What is important from this What is important from this perspective revolves around the perspective revolves around the nature and dynamics of public issues nature and dynamics of public issues because their dynamics serve to because their dynamics serve to frame what is problematic.frame what is problematic.

The main questions concern why The main questions concern why youth crime is a public issue and youth crime is a public issue and how it is problematized.how it is problematized.

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Youth Crime as a Public Youth Crime as a Public IssueIssue

Public issues – including youth crime Public issues – including youth crime – are influenced more by structural, – are influenced more by structural, social, demographic, and political social, demographic, and political factors than by actual criminal factors than by actual criminal behavior.behavior.

As discussed earlier, children made As discussed earlier, children made up a significant portion of the up a significant portion of the population in Upper and Lower population in Upper and Lower Canada.Canada.

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Prior to industrialization, life Prior to industrialization, life expectancy was considerably lower than expectancy was considerably lower than it is now and as a result more than 50% it is now and as a result more than 50% of the population was often under the of the population was often under the age of 25.age of 25.

By the 19By the 19thth century, these population century, these population proportions began to change and these proportions began to change and these demographic shifts have been used to demographic shifts have been used to partially explain why the ‘deviant’ partially explain why the ‘deviant’ behavior of children came to be viewed behavior of children came to be viewed differently by adults.differently by adults.

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These demographic shifts stimulated These demographic shifts stimulated structural changes – such as structural changes – such as legislation restricting child labor and legislation restricting child labor and enforced compulsory schooling – enforced compulsory schooling – which had consequences for the which had consequences for the social status of children.social status of children.

As children were moved out of As children were moved out of factories they became a sedentary factories they became a sedentary population and a surplus population.population and a surplus population.

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Simply put, they were no longer Simply put, they were no longer useful as laborers and producers.useful as laborers and producers.

This resulted in a shift in their social This resulted in a shift in their social status and position within their status and position within their communities and families from an communities and families from an economic asset to a economic economic asset to a economic liability.liability.

They became dependent on adults They became dependent on adults for their survival.for their survival.

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And now?And now? Children and youth are subordinate to Children and youth are subordinate to

adult authority.adult authority. They are not permitted such adult rights They are not permitted such adult rights

as holding decision-making positions, as holding decision-making positions, working for a wage (before a certain working for a wage (before a certain age) obtaining credit, getting married, age) obtaining credit, getting married, or engaging in adult pleasures.or engaging in adult pleasures.

This means that young people are not This means that young people are not only dependent but are marginal to only dependent but are marginal to adult society and exist on the periphery.adult society and exist on the periphery.

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Adults not only control youth through Adults not only control youth through their dependent and marginalized their dependent and marginalized status, it is the adult who defines the status, it is the adult who defines the meaning of youth –who they are, their meaning of youth –who they are, their place in society, and their purpose.place in society, and their purpose.

Youth represent, for the adult, the Youth represent, for the adult, the “mirror of society” (Rush, 1992) and “mirror of society” (Rush, 1992) and reflect both what adults wish for and reflect both what adults wish for and what they fear.what they fear.

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As Rush sums up, increases in youth As Rush sums up, increases in youth crime are indicative of “impending crime are indicative of “impending social doom” (1992, p.24).social doom” (1992, p.24).

BUT WAIT – We have discovered that BUT WAIT – We have discovered that youth crime has not necessarily gone youth crime has not necessarily gone up. Why do we insist on thinking that up. Why do we insist on thinking that is has and that youth are more is has and that youth are more dangerous now than before?!dangerous now than before?!

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Back to the Role of the Back to the Role of the MediaMedia

Media play a crucial role in defining Media play a crucial role in defining youth as ‘a dangerous class’ in large youth as ‘a dangerous class’ in large part because of the type and frequency part because of the type and frequency of the coverage they provide on youth.of the coverage they provide on youth.

We must also consider that people We must also consider that people with only a bit of information about a with only a bit of information about a particular crime are more fearful and particular crime are more fearful and punitive than those with more punitive than those with more information.information.

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Therefore the media play a crucial role Therefore the media play a crucial role in “…constructing youth crime into a in “…constructing youth crime into a social issue” (Hartnagel & Baron, 1995, social issue” (Hartnagel & Baron, 1995, p.56).p.56).

Sensationalist media coverage of youth Sensationalist media coverage of youth crime easily arouses public fear and crime easily arouses public fear and moral indignation.moral indignation.

Schissel (1997) posits that media Schissel (1997) posits that media reporting does much more than simply reporting does much more than simply sensationalize.sensationalize.

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He argues that it presents certain He argues that it presents certain groups like the poor and marginalized groups like the poor and marginalized as dangerous people from whom law-as dangerous people from whom law-abiding citizens need police protection.abiding citizens need police protection.

Criminologists have identified a variety Criminologists have identified a variety of ways in which media promote panic, of ways in which media promote panic, hatred, and fear about youth.hatred, and fear about youth.

One of the most important ways this One of the most important ways this occurs is through occurs is through decontexualization.decontexualization.

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Crimes are always, by the limiting Crimes are always, by the limiting nature of media (especially nature of media (especially newspapers), discussed out of context.newspapers), discussed out of context.

Context is provided by the journalist, Context is provided by the journalist, often in a manner that generates a often in a manner that generates a number of emotions: fear, moral number of emotions: fear, moral outrage, despair, panic, and hatred.outrage, despair, panic, and hatred.

The message in these stories are also The message in these stories are also decontextualized by what is missing.decontextualized by what is missing.

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Stories of youth crime seldom presents Stories of youth crime seldom presents the views of youth advocates, rather we the views of youth advocates, rather we hear the voices of police officers and hear the voices of police officers and Crown prosecutors, victims, and irate Crown prosecutors, victims, and irate individuals.individuals.

In this way media discourse is extremely In this way media discourse is extremely powerful in promoting the law-and-order powerful in promoting the law-and-order agenda and reinforcing a sense that agenda and reinforcing a sense that nothing can be done about youth crime nothing can be done about youth crime but to implement more punitive but to implement more punitive measures of control.measures of control.

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ConclusionConclusion

What is clear to us it that how Canadians What is clear to us it that how Canadians perceive, define, and respond to youth perceive, define, and respond to youth crime has changed over the last century.crime has changed over the last century.

At the turn of the 19At the turn of the 19thth century, the public century, the public view of youth crime was of view of youth crime was of delinquentsdelinquents engaged in juvenile delinquency.engaged in juvenile delinquency.

One hundred years later, the view was of One hundred years later, the view was of young offendersyoung offenders engaged in youth crime. engaged in youth crime.

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Now, at the turn of the 21Now, at the turn of the 21stst century a century a new frame is emerging.new frame is emerging.

The Youth Criminal Justice Act is set The Youth Criminal Justice Act is set to frame the issue as one of to frame the issue as one of youth youth criminalscriminals engaged in unlawful engaged in unlawful activities.activities.

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Discussion questions for Discussion questions for chapter onechapter one

1.1. Can we answer questions about the Can we answer questions about the severity of youth crime today compared severity of youth crime today compared to the past?to the past?

2.2. Should the media be prevented from Should the media be prevented from the reproduction of materials that the reproduction of materials that reinforce and perpetuate harmful views reinforce and perpetuate harmful views of marginalized groups and individuals?of marginalized groups and individuals?

3.3. Who has the most realistic view of Who has the most realistic view of youth crime and justice: the law and youth crime and justice: the law and order group or youth advocates?order group or youth advocates?