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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 .
             understanding 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 assistance."(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 .


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