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Example research essay topic: Young Offenders Act Youth Criminals - 1,202 words

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Dont Fix What Is Not Broken Recent highly publicized murders and other crimes across Canada have resulted in a rally of people calling for harsher punishments for young offenders. Political parties and victims groups lead the parade. But harsher punishment such as longer sentences, restricted or no parole and a return to capital punishment will not lead to a reduction in crime. The Young Offenders Act recognizes the maturity and understanding differences between youths and adults. Rehabilitation is a main objective as opposed to simply punishing offenders. Other countries practicing different methods for punishment of youths have shown to be ineffective.

Because of these reasons and through public statistics the Young offenders Act has shown itself to be effective, changing the laws to be harsher on youths would be a mistake. First we must recognize what so many fighting for harsher laws have overlooked. This would be the extraordinary difference from teenagers and adults. The maturity of the offender should be considered as it has been for years when deciding the length of sentences. As a child time passes more slowly, so any jail term given will have a greater burden on a young offender then it would on an adult.

Also for a child the absence of friends can be devastating. With the consideration of those factors a child does not require as long a jail term as an adult. The years the child would be missing are the most important in developing communication skills and general knowledge. Without this knowledge and from the lack of formal education the child who is now released an adult has no skills and no future. Sometimes this can be reason for re-offending. The Young Offenders Act is based on the premise that youths should be held responsible for their illegal actions but that young people have special needs as they develop and mature.

A young person who is found guilty of a criminal offence under the Criminal Code of Canada or another federal offence will be sentenced to a penalty which fits the crime. The court will consider mitigating factors such as a guilty plea, demonstrated remorse, restitution, and the evidence of good character as well as aggravating factors such as previous criminal record, evidence of planning, extent of violence or damage, impact on the victim, and participation with others. With the observation of both the mitigating and aggravating factors the most suitable punishment can be issued to protect society, while helping to rehabilitate the offender. Young persons who commit offences require supervision, discipline and control. Yet, they also have special needs that require guidance and assistance. Although some critics have been calling for young lawbreakers to be treated as adults, government officials treat the subject delicately and rightly so.

The current maximum sentence for those tried in youth court is five years. Justice Minister Allan Rock, proposes that it be increased to ten years for first degree and seven for second degree murder. Also he proposes a longer wait for parole. Sixteen and seventeen year olds charged with serious crimes would immediately be sent to the adult system, unless a judge felt that their best hope for rehabilitation lay in youth court. Instead of our present system the reverse of the last proposal.

Our present judges retain a great deal of discretion in deciding where youths will be tried, and where they will serve their sentences. Only the young offenders who show very little signs for rehabilitation receive these tougher penalties. Dramatically increasing the rate of incarceration is no quick fix solution and Ottawa appears to appreciate that. Other proposals try to encourage the use of punishments other than custody, such as rehabilitation programs and community service for the non violent youth criminals.

We need methods like these which make youth criminals pay for there crimes in a manner which discourages them from re-offending. Too often prison does not accomplish this and it is with good reason that prisons are often seen as training schools for criminals To solve our own problems with crime reduction we should examine other countries encounters with the same problem. If harsher punishment was the answer, then the U. S.

would lead the world in crime reduction. But crime has not been reduced in that country, despite the fact that the prison population doubled between 1980 and 1990. In fact, the crime rate in that country has seen a dramatic rise during the past two decades, especially in the southern states where massive law enforcement and prison expansion policies have been most vigorously pursued. The U.

S. Senate Judiciary Committee described the U. S. as holding the distinction of being The most violent and self-destructive nation on earth. Leading the worlds democracies in murder, rape and robbery rates, despite imprisoning at a greater rate than any other nation. Wayne North, the director of victim offender programs suggests, A justice system that would make a difference today would be one which supports victims, is extremely efficient in the apprehension and conviction of criminals, vigorously holds offenders accountable for their crimes, offers the maximum opportunity for restoration to all parties involved in the crime and gives mediation and the opportunity to make amends.

This kind of justice system is called restorative justice. There is significant evidence that not only is the restorative way of justice preferable morally and rationally, but it is highly cost efficient as well. And cases are diverted from the expensive and overloaded court system. We still have a need for jail systems but we must be sensitive and practical when deciding the length of sentences. The outcry of victims often creates the illusion that todays youth is violent. It is very important to recognize that the majority of youth are law abiding citizens.

There is only a small percentage who offend. The majority of those who do offend are not violent offenders. In fact five out of six youth presently in custody are there for non violent crimes. Instead of fighting for tougher laws we should be trying to work on a system that rehabilitates the criminals. A system which solves problems not avoids them. Rehabilitation programs have been proven to work, through patience and understanding and belief that they deserve help, criminals can be reintegrated into society.

Longer jail terms are less beneficial to everyone involved and are simply a way for victims to vent their anger. Political parties address tougher penalties as a solution, to win popularity from these victims. Unfortunately it is working and the time and effort is not being put into finding new solutions or developing the alternatives we already know. Making stronger punishments for young offenders is the simple practice of taking an eye for an eye, to which Martin Luther King, observed will lead to a world of morally sightless people. Davies Steve, Teenage wasteland, Toronto, Ont. , Maclean's, June 3 1996 Gendreau Pete, Juvenile Justice in Canada, Godereich, Ont. , Signal Books, 1992.

Hudson Joe, Justice and the Young Offender in Canada, Toronto, Ont. , Thompson Educational Publishing Incorporated, 1991. Leslie A. W. , Violent Young Offenders, Toronto, Ont. , Ballintine Books, 1990. Uniform Crime Reporting Survey, Ottawa, Canadian Centre for Justice Statistics, 1994 Criminal Code of Canada


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