Young Offenders Act example essay topic

Youth crime is a growing epidemic that affects most teenagers at one point in their life. There is no question in society to whether or not youths are committing crimes. It has been shown that since 1986 to 1998 violent crime committed by youth jumped approximately 120% (CITE). The most controversial debate in Canadian history would have to be about the Young Offenders Act (YOA).

In 1982, Parliament passed the Young Offenders Act (YOA). Effective since 1984, the Young Offenders Act replaced the most recent version of the Juvenile Delinquents Act (JDA). The Young Offenders Act's purpose was to shift from a social welfare approach to making youth take responsibility for their actions. It also addressed concerns that the paternalistic treatment of children under the JDA did not conform to Canadian human rights legislation (Mapleleaf). It remained a heated debate until the new legislation passed the Youth Criminal Justice Act. Some thought a complete overhaul was needed, others thought minor changes would suffice, and still others felt that the Young Offenders Act was best left alone.

In February 2002, the House of Commons passed the Youth Criminal Justice Act (YCJA). The Act came into effect in April 2003, replacing the Young Offenders Act (Mapleleaf). The new legislation attempts to balance the legalistic framework of the Young Offenders Act and the social needs approach underlying the Juvenile Delinquents Act. This goal is apparent in the Declaration of Principle stating that "the purpose of the youth criminal justice system is to prevent crime by addressing the circumstances underlying a young person's offending behavior, rehabilitate young persons who commit offences and reintegrate them back into society, and ensure that a young person is subject to meaningful consequences for his or her offences, in order to promote the long-term protection of the public" (Mapleleaf). Youth crime is a tough issue, with many differing opinions. Punishment and rehabilitation, one, the other, or both, all topics of debate within society.

If you were to discuss the issues with the parents of a victim, it would be understandable that their opinions would differ greatly than those of the parents of the offender. Many people have formed an opinion without an in depth look at the act. Others simply do not care. The question that needs to be answered is, does the Youth Criminal Justice Act in Canada properly address the victims' rights, the rights and needs of the young offender, and does it protect public safety? That question is hard to answer, as some people think that the Act is a more decent and humane way to approach young persons in trouble with the law.

On the other hand others feel it offers too much protection to those whom least deserve it -- the young offenders, and very little to those who deserve it -- the victims. The Youth Criminal Justice Act should concentrate on making young offenders aware that they will be held responsible and accountable for their behaviour. Today, despite the fact that youth crime rates have been steadily dropping, Canadians still view youth crime as a serious problem (Mapleleaf). Teen violence has been increasing over unnecessary issues such as one girl looking at another girl's boyfriend or one teen gave another teen a 'bad look'. A prime example of unnecessary youth crime that has affected all Canadians is the murder of Reena Virk. On November 14, 1997, Reena Virk, 14, was swarmed and beaten under a bridge in Saanich on Vancouver Island by a group of teenagers, mainly girls.

Battered and bloodied, she managed to get up and stagger across the bridge toward a bus stop to make her way home. Two of the original attackers dragged her back and beat her again and left her in the waters of Victoria's Gorge waterway. That's where police found her body eight days later. Witnesses later testified that one of the accused bragged that she had one foot on Virk's head and smoked a cigarette as Virk lay in the water (CBC News). The court charged three of the eight teens with lesser charges of assault causing bodily harm.

Six girls - aged 14 to 16 - receive sentences ranging from 60 days conditional to one year in jail for their parts in the initial beating of Reena Virk. The 17 year old boy, Warren Glowatski, was accused of second-degree murder in the killing of Reena Virk. Kelly Ellard was convicted of second-degree murder in the death of Virk. The 17-year-old-girl is led from the courtroom before she can say good-bye to her parents, to begin serving a life sentence.

Prosecutors had described Ellard as the most aggressive in the group of girls who attacked Virk. The defence portrayed Ellard as the victim of a conspiracy by a group of young girls who were out to protect themselves. The fact is that all the teens were well aware that what they were doing at the time was wrong and preventable but due to lack of awareness and education on violence, the teen girls continued about their business. In Canada an increase of violence especially among teen girls has the legislators worried that the YCJA will not be as effective as it should be.