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Appellate Juvenile Justice: Canadian Style
Authors:RICK RUDDELL
Abstract:
While appeals are relatively rare in Canada, they have significant outcomes in a juvenile justice system where dispositions are determinate and either the offender or prosecution can appeal the severity of a disposition. Examining the outcomes of ten years of appeals in one province produced two noteworthy findings. First, youths initiate most appeals in Canada, but few are successful in reducing the severity of their dispositions. Second, prosecution‐initiated appeals are comparatively rare but almost always result in substantial increases in the severity of a youth's disposition. Despite the importance of these due process protections, however, Canadian youths do not have the right to state‐funded counsel for appeals, reducing their ability to redress errors or modify unusually harsh dispositions.
Keywords:
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