The Young offenders Act

The Young Offenders Act

This essay was written to show the advantages and

disadvantages of the Young Offenders Act over the previous Juvenile

Delinquents Act. Also it should give a theoretical underezding of

the current Canadian Juvenile-Justice system, the act and it's

implications and the effects of the young offenders needs and mental

health on the outcome of the trials.

In the interest of society the young offenders act was brought

forth on april second 1984. This act was created to ensure the rights

and the needs of a young person. Alan W. Leshied says "On one hand

the justice and legal objectives of the act are being effectively

realized while on the other hand the needs and treatment aspects of it

leave much to be desired." The research of the Young offenders act is

still ongoing but Leshied says that it is becoming clear that the

custody positions have been in dispute since the act came into effect.

The old Juvenile delinquency act states in section 38 "The care and

custody and discipline of a juvenile delinquent shall approximate as

nearly as maybe that which should be given by his parents, and... as

far as practability every juvenile delinquent shall be treated, not as

a criminal, but as a misguided and misdirected child . . . needing

aid, encouragement, help and assiezce."(Page 72)

If a youth is close to the adult age of 18 years they could be

transfered to the adult justice system. This means that they would be

given the same sentences as an adult including and up to life in

prison. Many people have tried to correct this problem that they see

as a weakness. Yet, so far their attempts have failed. Another

weakness they find, is that the courts are expensive and

unsatisfactory methods of dealing with crime that is not very serious.

Before the fabrication of legal aid most young offenders were

not 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 provincial