The Young Offenders Act Essay Research Paper

The Young Offenders Act Essay, Research Paper

This essay was written to demo the advantages anddisadvantages of the Young Offenders Act over the old JuvenileDelinquents Act. Besides it should give a theoretical apprehension ofthe current Canadian Juvenile-Justice system, the act and it & # 8217 ; simplications and the effects of the immature wrongdoers demands and mentalhealth on the result of the trials.In the involvement of society the immature wrongdoers act was broughtforth on april 2nd 1984. This act was created to guarantee the rightsand the demands of a immature individual. Alan W. Leshied says “ On one handthe justness and legal aims of the act are being effectivelyrealized while on the other manus the demands and intervention facets of itleave much to be desired. ” The research of the Young wrongdoers act isstill ongoing but Leshied says that it is going clear that thecustody places have been in difference since the act came into effect.The old Juvenile delinquency act provinces in subdivision 38 “ The attention andcustody and subject of a juvenile delinquent shall come close asnearly as maybe that which should be given by his parents, and & # 8230 ; asfar as practability every juvenile delinquent shall be treated, non asa condemnable, but as a ill-conceived and misdirected kid. . . needingaid, encouragement, aid and aid. “ ( Page 72 ) If a young person is near to the grownup age of 18 old ages they could betransfered to the grownup justness system. This means that they would begiven the same sentences as an grownup including and up to life inprison. Many people have tried to rectify this job that they seeas a failing. Yet, so far their efforts have failed. Anotherweakness they fi

nd, is that the courts are expensive andunsatisfactory methods of dealing with crime that is not very serious.Before the fabrication of legal aid most young offenders werenot able to obtain legal services. “Subsection 11 (4) provides that,were a young person wishes to obtain counsel but is not able to do so,the youth-court judge shall refer the young person to the provinciallegal-aid, or assistance program. If no such program is available orthe young person is unable to obtain counsel through an availableprogram, the youth court judge may, and on the request of the youngperson shall direct the young person to be represented by counsel.”To establish a relationship between the young offender and thelawyer, thew lawyer must be able to receive instructions from his/herclient. Usually there is little difficulty either receiving orcarrieing out the instructions of his/her client. Special problemscan arise when the client is a young person.The problems faced by this, is the young person may not beable to communicate with counsel. While the lawyer and young personneed not a specific statement for the client as to a preferred outcomeit should take form of a general expression of the client’s feelingsor attitudes in the major issues of the precedings the young personmust be able to make decisions that may hold significantrepercussions.Mental health of the young offender can also be a problem.Currently this issue is not addressed in the Young Offenders Act,before the mental health act can be enacted, extremely dangerousbehaviour must be displayed. Before the age of 16 they are sometimesplaced in hospitals for a short time under the authority of the legalguardians.