The Young Offenders Act
The federal government of Canada fifteen years ago, in 1984, the Liberal party changed the Juvenile Delinquents Acts to the Youth Offenders Act to have a “More human approach to the rights of young people before the law”(Leschild and Jaffe, 8:1991). In the present such as Premier, Mike Harris, of Ontario wants the federal government of Canada to scrap the Young Offenders Act. In 1999, the same party that came up with the act is making majors changes to the act. This report will look at the young offenders act at the present time, look at why kids commit crime, what is being done to improve the act, what has the province done towards teenagers and also a look at the United Sates youth system.
WHAT IS YOA
The YOA the Young Offenders Act, which replaced the 75 years old Juvenile Delinquents Act in 1984, came into effect because since the courts where acting in the best interest of the children, little attention was paid to the rights of the children (Dickinson et al, 1996: 403). This had to be changed because of the new Canadian Charter of Rights and Freedom which was passed in 1982 stated that in section 15 that “equality before the law without discrimination based on age ”(Dickinson and others, 1996:744). The changes that were made to the YOA were that age that a child under the age of 11 could not be held criminal responsible. While between the age of 12-17 he or she could be held partial criminal responsible. Once you reached the age of 18, an adult you were full criminally responsible (Dickinson, 404:1996). If a young offender is sent to court the detail of the crime may be published, but the young person’s name or a young witness’ name could not be identified. The reason for this was for young people to have another chance in life if they screw up and also to protect a young person’s identity especially a witness (Justice Canada, 19:1988).
WHY DO KIDS COMMIT CRIME:
Why do kids commit crime, they are many answers but are there any correct answers to that question. Andree Ruffo is a youth court judge in Pointe-Claire, Quebec. She believes that kids commit crime and have to appear in court because of expressing themselves or trying to tell someone that their something wrong with their life, or their needs are not being met. She also feels that parents have a lot of problems on their own as she stated that “M.
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. en cutting the number of new crimes committed by teenagers as much as 70%. The provincial government is now using this program. This program is known as MultiSystemic Therapy or MST, which is working the problem with the troubled kid. You are in the kids home almost every second day and Kelly McDonnell, a clinical supervisor for Peel area said, “You are in there. You are getting to the bottom of the problem”(Tyler, 1998: Internet).
The Youth Offenders Act is a hot issue. On any given day you can not open up a newspaper or turn on a T.V and not find an article or a broadcast about the Young Offenders Act. The government has started to make changes, but could more changes be done or even faster. The question will these changes make it better or turn it into a worst system then it is at the present, only the future will tell. Who is to blame for the youth offenders of this country could it be the parents who sometime do not have too much control of them or who do not care or known what their kids are doing are could we blame the media for influencing their minds. Let put a stop to youth crime and help these children before they get into trouble with the law.
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Young Offenders Act Essay - Steven Truscott was a 14 year old boy who was sentenced to life in prison after being accused of the murder of Lynn Harper. It was June 9, 1959 when Lynne Harper, a 12 year old girl, was heading towards a nearby school after having family dinner with her parents Leslie and Shirley. She was heading towards a nearby school playground in Clinton, Ontario where she came across Steven Truscott. She asked for a ride to a nearby highway. Steven Truscott agreed. Lynn clambered onto the handlebars of the 14-year-old boy's bike and they pedaled off. [tags: Criminal Justice ]
Young Offenders Act In Canada Essay - Young Offenders Act in Canada The subject of young offenders in our troubled society has been one that has generated many hours of thought and meditation for concerned members. It is felt by many that the change needed in the area of delinquency within the First Nations culture is to overcome the effects of colonization and this must begin with the youth. It is with the youth that the future of the culture lies. There has been extensive research done in this area and although much of the material is not directed at one specific culture in society, the facts remain that it is a problem that is growing in epidemic proportions. [tags: essays research papers fc]
Young Offenders Act Essay - I am writing this essay on the Young Offenders Act for a few reasons. One being that I am a special agent sent from the future keep the fate of this Grade 11 English credit comfortably in Justin Faviere's upcoming report card. Secondly, I am trying to educate people who may not be aware of the benefits of the Act, or simply disagree with my opinion that the Young Offenders Act is a crucial part of our judicial system, regardless of it's imperfections. And last but not least, so I can educate myself on other people's ideas as to why they think that we should not have a Young Offenders Act. [tags: Free Essay Writer]
Essay about The Young Offenders Act, A Continuing Debate - The Young Offenders Act A Continuing Debate There is no question in society as to whether or not young people are committing crime. In fact, since "1986 to 1998 violent crime committed by youth jumped approximately 120%." The Young Offenders Act is a heated debate in today’s society, and one of the most controversial Acts in Canadian history since it was introduced in 1984. Some people think a complete overhaul is needed, others think minor changes would suffice, still others feel it is best left alone. [tags: essays research papers fc]
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Essay about Youth and the Law - Young offenders are persons under the age of 18, who are convicted for a criminal offence. The Juvenile Delinquents Act was made in 1908 and active until 1984. The Young Offenders Act was made in 1984 and active until 2002. The Youth Criminal Justice Act was made in 2002 as a replacement for the Young Offenders Act, which set out the process for responding to young offenders. These three famous young criminals were convicted of murder and tried as adults in court, resulting in them doing time at the Kingston Penitentiary. [tags: young offenders, juvenile delinquents act]
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Restorative Justice and Young Offenders in Canadia Essay - Voltaire once said, “Fear follows crime and is its punishment.” (Voltaire). Respectively, the concept to use opportunities that attempt to restore moral justice in Canadian youth punishment is indispensable. The Youth Criminal Justice Act enacted on April 1st, 2003 recognizes in the preamble that incarceration should only be exercised as a last resort sentence for violent youth ages twelve to seventeen, (Youth Criminal Justice Act (S.C. 2002, c. 1), 2002; Barron, 2009; Tustin & Lutes, 2011; Olivo, 2012, pp. [tags: The Youth Criminal Justice Act]
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Young Offenders Essay - Young Offenders These days more and more young people are turning to crimes. These crimes are being committed by young offenders of all ages. The crimes they are committing are get even more and more serious and in the last five years the percentage of youngsters committing more crime has increase by more then 50%. Young offenders are committing these crimes because the know that the punishment is real weak. If you ask me most young offenders think the young offenders act is a JOKE, and trust me I am a young person I know just as other young people. [tags: Free Essay Writer]
Youth Offenders in The United States Essays - Youth offenders in the United States who commit an adult crime should they be tried as an adult or sent off to rehab. According to (Juvenile Offender) young people today are more malleable and can be easily influenced. It is mainly believed that the criminal actions by young offenders might be influenced by such external forces such as parental neglect, and inappropriate living conditions or with relations within their family. It is important to note that instead of seeing a rehab program as a form of punishment. [tags: rehabilitation, juvenile offender]
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The Young Offender's Act Debate Essay example - Under fire from the date of its creation, the debate over the validity of the Young Offender’s Act continues. Should the YOA remain in its current form as a part of the Canadian legal system. An examination of the reasons it is seen as being ineffective, the need for change, and the suggested amendments and substitutes will provide an accurate picture of the situation from which a conclusion can be drawn. The young offenders act in its current form is nearly optimal. However, there enough reasons for its alteration that a serious consideration of amendments should be considered. [tags: Free Essay Writer]
Sex Offenders Essay examples - Sex Offenders The AWA or Adam Welsh Child Protection and Safety Act of 2006 asserts that it, “strengthens reporting requirements by mandating sex offenders submit information including SSN, employer and school information, fingerprints, physical description, photograph and a DNA sample” (Rogers, 2007, p. 1). This act was signed in by President George Bush in an effort to standardize the laws and public sex offender web sites (Rogers, 2007). Sex offenders are considered special circumstance offenders. [tags: Sexual Crime, argumentative, persuasive]
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This paper researches the history of the causal problems that led to U.S. government policy resulting in the No Child Left Behind Act. It explains how the topic became a public policy problem, who placed it on the policy agenda and when, what the Act does and how it works, the institutions that have acted according to its requirements so far, and the current situation as of 2012.Background and Legislative History
According to a U.S. Department of Education document “A Guide to Education and No Child Left Behind” (2004) the origins of the Act and the principles on which it is based can be traced to the Supreme Court decision in the case of Brown v. Board of education in May 1954.
Wolff (1997) stated that the verdict in the Brown case was a judicial landmark in the U.S. because it effectively overturned “separate but equal” racial segregation principles established in an interpretation of the 14th Amendment in the much earlier case of Plessy v. Ferguson. That Plessy decision effectively meant that U.S. society was segregated in many aspects; not just in schools and colleges but on buses, in restrooms, using drinking fountains and even separate black and white witness stands in courts. In effect, the “separate but equal” concept had in reality produced a very unequal society in which, following the decision in the Brown case, non-whites had to battle for true equality through civil rights marches and other actions in a campaign for true equality. Wolff mentions a prayer pilgrimage for integrated schools in May 1957, attended by circa 35,000. Then in 1959, a petition signed by 400,000 was presented to Congress, again urging the President to implement an urgent program to integrate the country’s schools.
Then, as described in “1964 Civil Rights Act” (n.d.), John F Kennedy campaigned before his 1960 election for a new act to protect civil rights. In a televised speech in June 1963, he forcibly reminded his audience of the inequalities that disadvantaged the blacks in America, but was assassinated in that November while his Civil Rights Bill was still going through Congress. Lyndon B Johnson took up the cause and – despite strong opposition from factions in the southern states – on 15th June that year the Civil Rights Act passed into law. That legislation made it illegal to discriminate on racial grounds in any public location such as a restaurant, a theater or hotel, and permitted projects federal funding to be withdrawn if racial discrimination was found. Also, firms were obliged to offer equal opportunities in employment.
Then in 1965, the Elementary and Secondary Education Act (ESEA) also became law, as described in Hanna’s article in the summer 2005 issue of “Ed.”, the magazine of the Harvard School of Education. Her article states that following Kennedy’s assassination “President Lyndon B. Johnson made education and civil rights the foundation of his War on Poverty”.
Following the ESEA success came the task of ensuring that schools were observing the laws regarding racial integration, which was not always consistent. In the following years various amendments or “reauthorizations” were implemented to ensure that Act’s intents were fulfilled. One such in the Clinton era in 1994 effectively rewrote ESEA so that all states introduced a standards-based philosophy into their schools. Children were subjected to tests to measure their abilities and progress against defined standards.
Then, in his 2000 election campaign, George W Bush declared that a high priority for new legislation during his first year as President of the United States was to overhaul Federal education policy. At the very center of his plan was to introduce a compulsory annual tests regime in U.S. schools, thereby monitoring students’ progress and to penalize both states and individual schools if low scores in tests were not improved upon. This was a way to facilitate closer observance to ensure that equality actually was being achieved.
According to the report “No Child Left Behind Act of 2001”(n.d.) by the OLPA, Representative John Boehner introduced the No Child Left Behind Act (NCLB) on 22 March 2001. Following committee hearings and amendments in March through May, the House passed the Act (as amended) on June 14 and it was eventually signed into law by President George W Busch on January 8, 2002. It was noted in “A Guide to Education and No Child Left Behind” that the final votes taken in Senate and in Congress produced overwhelming majorities in both cases.Effects of the NCLB
According to “A Guide to Education and No Child Left Behind” the NCLB Act “ensures accountability and flexibility as well as increased federal support for education”. It also follows the principle implicit in the Brown v. Board verdict by continuing to develop a fairer, more inclusive system of school-based education.
Jorgensen and Hoffman (2003) published an assessment report on the NCLB Act. They reported that NCLB introduced a new era of accountability, with involvement at local level and including parents, to ensure that children were learning as they should. Their report quoted Rod Paige, U.S. Secretary of Education, who said that the aim of NCLB “is to see every child in America––regardless of ethnicity, income, or background––achieve high standards.” Under NCLB, funding provided to schools has been made directly linked with accountability. Working with state-defined standards for the various grades, schools must ensure every student acquires the expected skills and knowledge levels. As the authors noted, “All means all.” The prescribed NCLB reporting systems require that every individual student is included in the data reported.
Jorgensen and Hoffman reported that at the state level, NCLB requires that each state creates an assessment system that tracks – against commonly applied instructional standards – the progress of every student. However, the NCLB regulations allow schools and school districts to have flexibility of control of teaching methods, yet at the same time remaining accountable for the results obtained. States have to assess all students in both reading and math, from third through to eighth grades. Tests are based on state standards and the results published so that performance of any school is available for all to see. In addition, schools have to demonstrate Adequate Yearly Progress (AYP) of disadvantaged children. Schools unable to show the required progress are not just assisted in that regard, but may also be subject to corrective procedures. The states themselves are also accountable under NCLB; they are required to submit detailed reports about their plans, their standards, their reporting procedures and so on.
In return for that increased duty of accountability, states have been given much greater flexibility and control of just how they utilize federal funding made available to them. Through state administration, schools are able to assign funding as best needed, for example to help keep the best teachers, or for the purposes of professional development or training, without needing to seek federal approval separately. The states are also afforded more freedom and control in respect of programs established and operated for students learning the English language.
Jorgensen and Hoffman also point out that parents having children who are attending schools they consider might be unsafe or under-performing have the options within NCLB regulations to arrange transfer to a different school or additional tutoring. The scope of the NCLB includes the facility to support schools in the identification and utilization of successful instructional programs and to make funds available for scientifically-based teaching systems, and for teachers to use in enhancing their effective teaching methods and skills.Jorgensen and Hoffman’s summary statement is well worth repeating verbatim:
Education opens doors to children for a lifetime and leads to their success. NCLB is the engine driving a new era of accountability for every child’s learning journey. Children who are being left behind must be identified and states will have the responsibility to provide the resources to teach every child how to read, to apply mathematics, to study, to learn—to succeed.
Although that summary statement is inspiring, not everyone saw the effects of NCLB in a positive light. Toppo (2007) writing in USA Today, discussed a range of effects of NCLB, as perceived by schoolteachers and others. Responses were mixed, although those views and reactions to NCLB pre-dated a then upcoming reauthorization of NCLB.
Views reported in Toppo’s article include that of Barbara Adderley, principal of Stanton Elementary School in Philadelphia. She feels her days are dominated by “talking about or looking at data” and attending meetings about the progress of every student. However, at her school, whereas in 2003 the children meeting state-defined reading standards were less than two in every 10, by 2005 that figure had grown to seven in 10. Toppo did point out in his article that maybe more time was needed to confirm that the NCLB was improving education nationally, partly because not all schools started immediately to follow NCLB regulations. He quotes Margaret Spellings, U.S. Education Secretary, as saying that the law wasn’t fully enacted in all U.S. States until 2006. However, Toppo maintained that NCLB has had a big influence on the school day for children and gave five major points on the ways it brought changes to schools:
Martin (July 2012) in an article published by CNN, discusses the current situation with the NCLB. Because critics complain that the Act has created a “teach to the test” culture, federal officials are permitting states to apply for waivers that allow them to set their own state standards for elements of the law, so long as they can show they will initiate reforms approved by the government, including linking test results to evaluations made by teachers. The article reports that currently around half of the country’s schools are not yet meeting NCLB targets for reading proficiency and graduation. Meanwhile, changes to NCLB that could result from a further reauthorization of the Act are blocked in Congress. It is for that reason that President Obama has agreed to these waivers, which vary in detail from state to state. In Michigan for example, Martin reports that the NCLB target date of 2014 for every student to pass the tests no longer applies. Instead, the Department of Education in Michigan will set its own date.Conclusions
Racial inequality in U.S. education policies going right back to the Plessy v. Ferguson case in 1896 was the principal causal problem that in due course led to U.S. government policy resulting in the No Child Left Behind Act. The Act was placed on the policy agenda following introduction by Representative John Boehner in March 2001 and eventually signed into law by President George W Busch on January 8, 2002. Since then it has been actioned by …
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