History Canadian Juvenile Justice.docx

History, Development, and Transformations in Canadian Juvenile Justice, 1800-1984 MULTIPLE CHOICE 1. One of the most urgent issues raised by the Brown Commission of 1849 was: a. prison locations b. conditions for youth in prisons c. conditions for women in prisons d. all of the above. Answer: b 2. The child-savers of the 19th century have been criticized for: a. being naïve and overly indulgent b. being paternalistic c. attempting to control the behaviour of the working classes d. underestimating the lure of street living for many youth e. all of the above. Answer: e 3. The legal doctrine of doli incapax dictated that: a. children under age 7 were immune from prosecution b. children between 7-14 were presumed incapable of wrong c. children aged 14 must stand trial in the same manner as adults d. children between 7-14 were presumed capable of wrong e. none of the above Answer: b 4. The legal doctrine of doli incapax could be rebutted if the court determined that: a. the accused possessed the discretion to differentiate good from evil b. the accused was competent to understand the consequences of his/her conduct c. the accused could appreciate the nature of his/her wrongdoing d. the accused possessed the discretion to differentiate right from wrong e. all of the above Answer: e 5. What did reformers and child savers consider as the root of the city’s deviance problem? a. immigration b. working-class parents c. drugs d. alcohol e. neglect Answer: b 6. For J.J. Kelso, which of the following was a visible sign of the negligent family? a. placement in a reformatory b. placement in a industrial school c. newsboys d. poverty e. none of the above Answer: c 7. Which of the following cities was without a juvenile court until 1964? a. Halifax, NS b. Montreal, PQ c. Charlottetown, PEI d. Victoria, BC e. Guelph, ON Answer: e 8. The Bill that would ultimately replace the JDA was introduced in Parliament in: a. 1981 b. 1965 c. 1967 d. 1970 e. 1975 Answer: a 9. Which of the following was considered a status offence under the JDA? a. robbery b. simple assault c. truancy d. shoplifting e. none of the above Answer: c 10. Which particular social rights movement created an environment whereby the abuses occurring under the JDA could no longer be tolerated? a. Women’s rights b. Children’s rights c. African American rights d. Gay and lesbian rights e. All of the above Answer: e 11. The first Industrial School to be opened in Canada, in 1887 was located at: a. Isle aux Noix, Quebec b. Penetanguishene, Ontario c. Mimico, Ontario d. Upper Canada e. Lower Canada Answer: c 12. Which of the following was considered to be a criticism of Industrial Schools? a. They seldom reformed youth b. The building facilities were inadequate c. There were few parole provisions d. The carceral institution found within was artificial e. All of the above Answer: e 13. Which of the following was at the heart of reformer’s pursuit of alternatives to the working-class juvenile crime problem? a. Dissatisfaction with carceral institutionalization b. Desire to rid the city streets of Newsboys c. Desire to instil Christian values in working-class youth d. Dissatisfaction with child labour laws e. None of the above Answer: a 14. Which legislation was the precursor to the inauguration of the Children’s Court, Toronto’s first juvenile court? a. Ontario Children’s Protection Act b. Act Respecting Arrest, Trial and Imprisonment of Youthful Offenders c. British North America Act d. An Act for the More Speedy Trial and Punishment of Young Offenders e. An Act for Establishing Prisons for Young Offenders Answer: b 15. Two of the main criticisms to the Juvenile Delinquents Act centered around the informality of the juvenile court and: a. lack of due process b. status offences c. lack of uniform upper age limit d. indeterminacy of juvenile court sentences e. no clear definition of delinquency Answer: d 16. The fact that a 17 year old youth convicted of robber would conceivably receive a lighter sentence in Manitoba than the same offender would in Ontario is an example of: a. lack of due process b. status offences applying to different age groups and genders c. lack of uniform upper age limit d. indeterminacy of juvenile court sentences e. no clear definition of delinquency Answer: c 17. Who argued that the “smooth links between actual institutional operation and rhetoric can seldom be found”? a. Rothman b. Kelso c. Scott d. McGill e. Langmuir Answer: a Page: 28 18. The purpose of the ______________________ was for boys to “be detained and correct, and receive such instruction and be subject to such discipline as shall appear most conducive to their reformation the repression of crime”. a. Industrial Schools b. Reformatories c. Juvenile Courts d. Training Centres e. Jails Answer: b Page: 28 19. Which of the following individuals authored the Juvenile Delinquents Act? a. Rothman b. Kelso c. Scott d. McGill e. Langmuir Answer: c Page: 29 20. The purpose of ___________________ was to provide lessons in self-control and how to avoid potentially deviant situations, as well as providing schooling, instruction in the habits of industry, training in drill, religious lessons and participation in recreation and athletics. a. Industrial Schools b. Reformatories c. Juvenile Courts d. Training Centres e. Jails Answer: a Page: 30-31 21. As a regulatory strategy for young offenders, probation was considered important, as it offered _______________ alternative to custody. a. a less punitive b. a more rehabilitative c. a “non-institutional” d. a “natural” e. a less intrusive Answer: d Page: 32 22. A variety of dispositions were available to a youth court judge under the Juvenile Delinquents Act. One of these was a fine, no greater than: a. $5 b. $10 c. $15 d. $20 e. $50 Answer: b Page: 34 23. The Juvenile Delinquents Act was underpinned by a ____________________ orientation toward managing juvenile deviance. a. social welfare b. rights based c. limited accountability d. deterrence based e. none of the above Answer: a Page: 35 24. While the lack of due process rights was a large impetus for the enactment of the Young Offenders Act in 1984, this change was also influenced by: a. high profile cases of child murderers in the media b. lack of faith in the rehabilitative ideal c. desire for more control over youth justice by the provinces d. desire of judges to impose higher fines on young offenders e. none of the above Answer: b Page: 37 25. The belief that “…every juvenile delinquent shall be treated, not as a criminal, but as a misdirected and misguided child, and one needing aid, encouragement, help and assistance” reflects which doctrine? a. doli incapax b. parens patriae c. mens rea d. actus reus e. none of the above Answer: b Page: 35 26. Under the Juvenile Delinquents Act, detention was seen as a last resort, the threat of which served as an incentive to behave well while supervised by: a. parents b. youth court personnel c. judges d. police officers e. probation officers Answer: e Page: 24 27. Socio-legal forces that had an impact on the creation of separate institutions for young persons included: a. formation of the first reformatories b. emergence of industrial schools c. burgeoning anti-institutional discourse d. pioneering work of prominent social reformers e. all of the above Answer: e Page: 25 28. The rationality embedded in eighteenth century criminal law, which applied to children, youth and adults equally, was based on the belief that: a. judges were more sympathetic when sentencing youthful offenders b. offenders, adults and youth, calculated the risks and benefits of their contraventions prior to engaging in them c. youth had the same criminal capacities as adult criminals d. youth crime was drastically increasing e. none of the above Answer: b Page: 26 29. Prior to the enactment of the Juvenile Delinquents Act in 1908, children’s cases were presided over by: a. youth court justices b. adult court justices c. magistrates d. adult court justices sitting as youth court justices e. duty counselors acting as youth court justices Answer: c Page: 33 30. During the mid to late nineteenth century, prisons and penitentiaries were subjected to increasing attack from politicians and reformers, because of: a. abuse of inmates b. poorly trained staff c. housing inmates in dilapidated facilities d. intermixing offender categories e. all of the above Answer: e TRUE-FALSE 1. Although the outward façade of the reformatory resembled a military barracks, the program, inner architecture, and discipline found within the institution’s concrete walls reflected that of an ordinary prison. Answer: true 2. Actus reus means that the individual who contravenes the law must full appreciate the consequence of his or her conduct and possess the mental capacity to form the necessary intent. Answer: false 3. The social and economic elite classes of the 19th century believed that children’s economic help was a supplement to keep working-class parents in luxury. Answer: true 4. The legal doctrine of doli incapax applies to children below the age of seven. Answer: false 5. The Prisoners’ Aid Association believed that housing young offenders with adults had a negative effect on their potential for a future law-abiding existence. Answer: true 6. The purpose of reformatories was to provide lessons in self-control and how to avoid potentially deviant situations, as well as providing schooling, instruction in the habits of industry, training in drill, religious lessons and participation in recreation and athletics. Answer: false 7. While the province of Ontario was empowered to develop industrial schools in 1871, provincial funding was not immediately available and twelve years passed before the first industrial school opened. Answer: true 8. Under the Juvenile Delinquents Act “best interests” considerations were secondary to limited accountability for offending behaviour. Answer: false 9. The introduction of the Young Offenders Act in 1984 signalled a new approach to governing young offenders, one that considered youth responsible for their actions and accountable for their criminality Answer: true 10. Under the Juvenile Delinquents Act officials could return youth to court to review their sentences until the age of 18 years. Answer: false SHORT ESSAY 1. During the 19th century, both reformatories and industrial schools provided institutional placement for delinquent youth. Compare and contrast these two types of institutions. Answer: The purpose of the reformatories was for boys to “be detained and correct, and receive such instruction and be subject to such discipline as shall appear most conducive to their reformation the repression of crime”. While resembling a military barracks, the programs, operation, management and structure of the reformatory was like an ordinary prison. Whereas, the purpose of industrial schools was to provide lessons in self-control and how to avoid potentially deviant situations, as well as providing schooling, instruction in the habits of industry, training in drill, religious lessons and participation in recreation and athletics. They differed drastically from reformatories not only in architecture, but also in “rehabilitative” programs offered. 2. While the Juvenile Delinquents Act was Canada’s youth justice legislation for over seventy years, it suffered from many weaknesses. Outline the main criticisms of this Act, and what ultimately lead to its replacement by the Young Offenders Act. Answer: The following were criticisms of the JDA: Lack of due process, indeterminacy of sentencing, informality of the juvenile court, no uniform upper age limit, too “soft” on some offenders, inconsistent application of the law across the country, tensions between social/child welfare concerns and legal principles, rehabilitation as the fundamental principles. One issue that ultimately lead to its replacement was the introduction of the Charter of Rights and Freedoms in 1982, which guaranteed the right to due process for young persons and forced the rights of young offenders to be enshrined in future youth justice legislation. 3. Dissatisfaction with carceral institutions lead to the creation of alternatives by the child-savers of the 19th century, a predominant one was probation. Describe how probation was considered to be a “natural” alternative to custody? Answer: Probation was considered natural as it involved supervision of the young person in the community through strategies tailored to their individual needs, while still living with their family. It was flexible; by studying the underlying causes why youth appeared before the courts, officials could design strategies to deal with their specific needs. Probation was also reflexive: probation strategies could be easily altered if they appeared to be ineffective for a particular youth. The reflexive and flexible nature of probation demonstrated its superiority to institutional placement.