Youth probation officers' interpretation and implementation of the Youth Criminal Justice Act: A case study of youth justice in Canada

Many juvenile justice systems are characterized by an amalgam of different principles and ideologies, which have been incorporated into laws and policies regarding youth crime. This study examines the perceptions of youth probation officers (YPOs) concerning the 2003 Youth Criminal Justice Act (YCJA) in Canada, which is one recent case example of a mixed model of juvenile justice. For instance, although the Act emphasizes diversion and community-based sanctions for first time and minor offenders, it also allows for adult-length custody sentences for the most serious and violent youth. This study asked YPOs about their understanding of the YCJA and their ability to apply the Act in their daily work as well as their access to community programs in 2004 and 2007. The results as well as previous research on the YCJA and policy implications are discussed.     

LESBIAN MEDIATION

This note evaluates the advantages of mediation to resolve custody and visitation disputes when lesbian couples end their relationships. Traditionally, the court system has been reluctant to grant custody to "legal strangers" or third parties. Therefore, mediation has become a more responsive forum to resolve such disputes. This note analyzes several different mediation options available through community-based resources.     

CHALLENGES FACING CROSSOVER YOUTH: AN EXAMINATION OF JUVENILE‐JUSTICE DECISION MAKING AND RECIDIVISM

Although a substantial amount of research documents the increased likelihood of maltreated youths to engage in delinquency, very little is known about them once they cross into delinquency. These youths are often referred to as “crossover youth,”“dual jurisdiction,” or “dually involved” youth, and based on a growing amount of research, it appears these youths face a number of challenges. They have significant educational problems, high rates of placement changes and high rates of substance abuse and mental health problems, and when they enter the juvenile justice system, they are more likely to stay longer and penetrate deeper into the system then their nonmaltreated counterparts. Using data from Los Angeles County (N= 581), the purpose of this study is to identify what characteristics among a crossover population are more likely to result in receiving harsher dispositions and higher recidivism rates.     

Protective processes: the function of young people's implicit theories of crime in offending behaviour

Abstract

Despite development in high-risk environments, many youths are resilient and do not engage in antisocial behaviour and crime. Research on human traits such as intelligence and morality, suggest that the implicit theories (ITs) people have about the controllability of their behaviour, as either fixed (entity beliefs) or malleable (incremental beliefs) may play a part in successful behavioural outcomes. Using this as a framework, the function of ITs about crime in successful adolescent development was investigated among 422 ‘at-risk’ youths. Incremental ITs of criminality were found to significantly predict less self-reported involvement in youth offending, controlling for academic attainment. Entity ITs, conversely, were associated with an increased rate of participation in deviant behaviour. Further analysis revealed that incremental ITs of criminality moderated the negative effects of associating with delinquent peers on adolescent behaviour. The results demonstrate the direct and indirect protective function of incremental ITs of criminality for youths at risk and highlight the value of investigating further the protective processes that are involved in preventing youth crime.     

‘Vulnerable by law (but not by nature)’: examining perceptions of youth and childhood ‘vulnerability’ in the context of police custody

This paper, drawing upon qualitative data produced through interviews with custody officers (COs) at two custody suites in England, examines how the vulnerability of children and young people is conceptualised generally, within the criminal process, and then, more specifically, in police custody. It uses the appropriate adult (AA) safeguard under Code C to the Police and Criminal Evidence Act 1984 as the point of reference and explores, firstly, how childhood is conceptualised and, secondly, how childhood vulnerability is understood by COs. The responses of COs are perhaps indicative of a wider issue within the criminal process – the construction of youth and childhood and, accordingly, the criminal law response to children and young people. Within this paper, whilst it is accepted that childhood and vulnerability are non-static concepts, it is nevertheless contended that children and young people are vulnerable, particularly when facing the criminal process.     

Juvenile perpetrators of race/ethnicity-based bias crimes

Most bias crime literature focuses on adults despite the fact that youth account for a large proportion of prejudice-motivated violence. The LA County Commission on Human Relations data for all bias crimes from 2002-2008 was used to examine similarities and differences between adult and youth suspects of bias-motivated crimes. Findings showed youth victims of racial bias crimes were 12 times more likely to be targeted by youth suspects and over five times more likely to commit property offenses. Public places were nearly three times more likely than resident places to be the location of the bias crime by youth suspects. Female perpetrators of racial bias crimes were two times more likely to be youths. Implications of the findings are discussed.     

Chronic Offenders or Socially Disadvantaged Youth? Institutionalized Males as Missing Cases in School‐based Delinquency Research

Previous criminological studies comparing institutional youth populations with community samples have for the most part focused on youths institutionalized primarily as a result of involvements in delinquency. The present study compares levels of social disadvantage and criminal involvement within a nationally representative sample of Swedish schoolboys with those of a national population of institutionalized males that includes both serious young offenders and youths institutionalized for other reasons. Whilst at the aggregate level, mean levels of offending are higher within the institutional sample, the institutional population includes youths from across the entire range of levels of offending. Levels of social disadvantage are substantially elevated among the institutionalized males by comparison with the school sample. The study notes that institutionalized samples, where these include both young offenders and youths institutionalized for other reasons, may provide a fruitful ground for life‐course research into the way involvements in crime interact with other indicators of social disadvantage to affect the likelihood of continued marginalization into adulthood.     

Validity and reliability of the Self-Report Delinquency among a sample of at-risk youths

Self-Report Delinquency scales have formed the basis of much understanding of juvenile delinquency today, but further improvement and extensive measurement research on self-report measures of crime are needed. The present study examined the psychometric properties of the shorter general delinquency scale version of the classic commonly used Self-Report of Delinquency (SRD) measure created for the original National Youth Survey (NYS) using a sample (N = 412) of male (n = 200) and female (n = 212) at-risk Portuguese youths. The shorter version of the SRD demonstrated satisfactory validity and reliability, namely in terms of its latent one-factor structure, internal consistency, convergent validity, divergent validity, concurrent criterion validity and discriminant groups validity that overall justifies its use among this population. The shorter general delinquency scale version of the SRD is a valid and reliable measure from a modern psychometric perspective that can be used with at-risk youths.     

The sent-down youth of China: The role of family origin in the risk of departure to and return from the countryside

Between 1967 and 1978, over 17million urban youths in China systematically migrated to the rural countryside in a massive relocation movement known as the Sent-Down Movement. The youths who relocated—some by choice, though many forcibly—were part of a grand scheme envisioned by the then ruling Communist Party leader, Mao Zedong, who sought to reeducate urban youth by having them live and labor amongst their rural compatriots. Known as the “sent down youth”, these youths' experiences and struggles of moving to and returning from the countryside offer considerable insight into the ideological importance of family origins. Most notably, the revolutionary movement which swept over China at the height of the sent-down movement in the late 1960s reversed the hierarchical order of society; individuals with higher family origins were now criminalized making them prime targets for relocation to the countryside. In this quantitative analysis, I examine the relationship between family origins and the risk of departure to and return from the countryside for urban youth, using a unique longitudinal retrospective dataset, Life Histories and Social Change in Contemporary China. I analyze how this relationship plays out not only during the height of the movement, but throughout a more expansive time frame under which youths were reportedly sent-down (1957 to 1980). Through discrete-time survival analysis, I estimate that urban youths from higher family origins (rich peasant and landowner classes) experienced a greater risk for being sent-down versus their counterparts from lower family origins. Most interestingly, youths of higher family origins also experienced a lower risk for returning from the countryside; one interpretation of this finding is that even after spending time in the countryside in the pursuit of absolving themselves of their higher family origins, the stigma attached to their higher family origins persisted.     

Seen or Unseen? The Role of Race in Police Contact among Homeless Youth

Homeless youth are at an increased risk of police contact—being stopped by police and arrested, yet it is less clear if this interaction is patterned by race. The current study draws on diverse scholarship to examine three possible effects of race on homeless youths’ interaction with police: that non-White homeless youth are more likely (disproportionate minority contact/symbolic assailants), less likely (out-of-place policing) or no different than White youth (master status) to experience police contact. Using the Midwest Longitudinal Study of Homeless Adolescents, we examine homeless youths’ odds of self-reported police harassment and arrest. Non-White homeless youth are more likely to report police harassment and arrest, but living on the street neutralizes these racial disparities. Further, prior police harassment is linked to subsequent arrest, operating similarly for White and non-White homeless youth. We discuss the implications of these findings for advancing scholarship on the challenges faced by homeless youth.     

DOES GUN PREVALENCE AFFECT TEEN GUN CARRYING AFTER ALL?*

Previous research suggests that American adolescents usually have ready access to guns, and that the extent of misuse of guns by adolescents is not much affected by local gun prevalence or regulation. This “futility” claim is based on one interpretation of survey data from several cities, but has not been tested directly. Here we do so using microdata from a nationally representative survey, the 1995 National Survey of Adolescent Males. Using the restricted geo‐coded version of these data, and conditioning on an extensive set of covariates, we find (among other results) that the likelihood of gun carrying increases markedly with the prevalence of gun ownership in the given community. We also analyze the propensity to carry other types of weapons, finding that it is unrelated to the local prevalence of gun ownership. The prevalence of youths carrying both guns and other weapons is positively related to the local rate of youth violence (as measured by the robbery rate), confirmatory evidence that weapons carrying by youths is motivated in part by self‐protection.     

Recidivism Among Young Males Sentenced to Prison and Youth Custody

In 1999, Sweden introduced a new Act focused on young persons aged 15–17 who commit serious offences. The object of the Act was to replace prison sentences with a new sanction in the form of youth custody, which would involve a placement in a special approved home. This study constitutes a follow-up comparison of criminal recidivism among young males sentenced to prison prior to the introduction of the Youth Custody Act (1991–1998) and young males sentenced to youth custody following the introduction of the Act (1999–2003). The study shows that the sanction has not only been used as a replacement for prison sentences, but has also led to an expansion in custodial sentencing in the form of ‘net-widening’. There has also been a substantial increase in the length of custodial sentences awarded in connection with the new sanction. A comparison with the youth sanction in Denmark raises questions about the consequences of having expanded the group of youths sentenced to a custodial sanction in Sweden, and of the increased length of the custodial sentences to which this group is subjected.     

Impact of the Young Offenders Act on Dispositions in the Juvenile Justice System of Canada

Following implementation of the Young Offenders Act (YOA) in April 1984, it was believed that a shift had occurred from an emphasis on rehabilitation and indeterminate sentences under the Juvenile Delinquents Act (JDA) to an emphasis on punishment and determinate sentences under the new legislation, and a subsequent increase in frequency and length of custodial dispositions. Research studies suggest that, while the number of youths charged and the number sentenced to probation has remained the same, committals to custody and average length of detention have increased. Furthermore, victim reconciliation and community service orders are being used more often as dispositions under the YOA, consistent with the principle of accountability of young offenders.

The present study attempts to determine the impact of the YOA on judicial dispositions for 13 to 15 year old young offenders at the Provincial Court (Family Division), Frontenac County, by attempting to control for the nature of the cases and the type of individual brought before the courts. The hypothesis examined is that the YOA has not caused a change in youth court dispositions.

Differences were, in fact, found between dispositions used and it was shown by matching youths under each Act on age, sex, offence, and previous history, that similar youths do not necessarily receive the same dispositions; the probability of receiving a more severe form of disposition is greater for youths under the YOA than for youths with similar background characteristics and current offence under the JDA. Individuals who are given a particular disposition under the JDA and the YOA were also found to differ in terms of background characteristics. A number of reasons for the discovery of a change in dispositions are discussed.     

“知青作家”的身份认同——“文革”后知识分子身份认同的历史起源研究

“知青作家”对于他们“革”中的“知青”身份有着强烈认同,而对作为“知青”前身的“红卫兵”身份却着意回避,这一方面意味着他们在刻意“剥离”其历史身份中的“革命”内涵,另一方面也导致了历史反思的巨大局限,这一状况,与意识形态,历史转型以及他们的个人生命周期和身份认同历史均有重大关联。“知青作家”只有“正视”并且深刻反思其早期的“革命”身份,才能为他们这一代知识分子身份形象和话语体系的重建确立一个有效的前提。     

The Effects of Joint Legal Custody on Mothers,Fathers, and Children Controlling for Factors That Predispose a Sole Maternal versus Joint Legal Award

Findings from comparisons of joint and sole custody families that do not control for predivorce differences in demographic and family process variables (factors that may predispose families to choose or be awarded joint custody) are of limited generalizability, since obtained group differences may be attributable to predisposing (self-selection) factors, custody, or both. This study compared a random sample of 254 recently separated, not-yet-divorced families on 71 predivorce variables that might plausibly differentiate between families awarded joint legal versus sole maternal custody. Twenty such factors were identified and controlled for in subsequent comparisons of 52 sole maternal and 26 joint legal custody families 2 years postdivorce. Families with joint custody had more frequent father–child visitation, lower maternal satisfaction with custody arrangements, more rapid maternal repartnering, and fewer child adjustment problems (net of predivorce selection factors). Moreover, these effects did not appear to be moderated by level of predecree parental conflict. No association between custody and fathers' compliance with child support orders was obtained.     

MAKING A PLACE AT THE TABLE:

This response to Timothy Tippins and Jeffrey Wittmann's article "Empirical and Ethical Problems with Custody Recommendations: A Call for Clinical Humility and Judicial Vigilance" builds upon the authors' conclusions that custody evaluations cannot and should not be a substitute for the socio-legal judgment of the best interests of the child. Recognizing that clinical humility and judicial vigilance may not be sufficient to restrain the misuse of psychological evaluation, we offer for consideration three structural changes that would provide for a more appropriate use of the skills and talents custody evaluators bring to legal decisions. We suggest using custody evaluators in the less adversarial setting of preparing parenting plans, revising the procedures by which custody evaluations are elicited in litigation, and adopting the approximation standard for child custody determinations.     

Street Youth Crime: A Test of Control Balance Theory

Utilizing a sample of 400 homeless street youths, the paper explores the role control balance plays in the generation of crime. Using vignettes designed to represent violent crime, serious property crime, and minor property crime, the paper tests whether these youths sense of control over their poverty, shelter, hunger and other living conditions influences their participation in crime. Further, it examines how perceptions of risk and thrill, as well as deviant values, self‐control, deviant histories, and peer support impact on crime. Results indicate that both control deficits and control surpluses were related to assault and serious theft but not minor theft. Perceptions of thrill, deviant peers, deviant histories, and deviant values predicted violent and property crime, and perceptions of risk were related to the property offenses. Criminal peers also conditioned the impact of control surpluses and deficits on property offenses. Results are discussed in terms of future research and policy.     

Gang affiliation,aggression, and violent offending in a sample of youth offenders

Abstract

Gang affiliation, aggression, and violent offending were examined in case files of 390 youth offenders aged between 16 and 18 years. Results indicated that youth offenders who were gang members and those who were not gang members but exposed to friends in gangs had a significantly higher likelihood of violent offending compared with a reference group of youth offenders who had neither gang affiliation nor friends in gangs. Additionally, youth offenders who had friends in gangs but were themselves not gang members had a lower likelihood of violent offending than youth offenders who were gang members. Finally, results showed that a history of aggressive behavior was significantly associated with violent offending. Implications such as the need to address the influence of delinquent peers and need to address the management of anger and aggression in youths will be discussed. Also, findings point towards the need for prevention and early intervention work.     

POSTDECREE LITIGATION Is Joint Custody to Blame?

The Joint Custody Symposium Project examined almost 600 court files in five judicial districts to investigate the common perception that joint custody contributes significantly to relitigation rates. Data indicated that joint custody as a factor accounted for only 10.8% of court returns. Financial concerns accounted for the majority of actions. Disputes over child custody appeared to be related to finances as well. Unfortunately, returns to court do not necessarily resolve the financial needs of divorced parents. The findings suggest that children may be used as pawns in court battles over money that are disguised as parenting concerns, as evidenced by the close relationship found between visitation or custody disputes and child support modification filings.