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Young Offenders And Youth justice a century after the fact PDF

530 Pages·2014·25.267 MB·English
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FiFth Edition Bell FiFth Edition Young Y o u n g offenders o f f e n and Youth d e r Young s a n Justice d Y offenders o u t h A Century J and Youth u s t After the fACt i c e Justice A C e n t u A Century r y A f CourseMate provides access to an interactive ebook and study tools in a dynamic, online learning t e environment. Visit NELSONbrain.com to start using CourseMate. Enter the Online Access Code from r After the fACt the card included with your text. If a code card is not provided, you can purchase instant access at t h NELSONbrain.com. e f A C t F iF t h NELSONbrain.com offers you a wide range of print textbooks, ebooks, eChapters, digital homework, E d multimedia content, and study tools. We make it easy, convenient, and affordable for you to purchase it and access your course materials. Visit NELSONbrain.com for more information! io n ISBN-13: 978-0-17-653170-6 ISBN-10: 0-17-653170-X Sandra J. Bell 9 780176 531706 www.nelson.com Copyright 2015 Nelson Education Ltd. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. Due to electronic rights, some third party content may be suppressed from the eBook and/or eChapter(s). Nelson Education reserves the right to remove additional content at any time if subsequent rights restrictions require it. BELL-COVER.indd 1-3 9/9/14 6:32 PM for more ebook requests: email [email protected] Young offenders and Youth Justice A Century After the Fact Fifth Edition Sandra J. Bell St. Mary’s University Copyright 2015 Nelson Education Ltd. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. Due to electronic rights, some third party content may be suppressed from the eBook and/or eChapter(s). Nelson Education reserves the right to remove additional content at any time if subsequent rights restrictions require it. BK-NEL-BELL_5E-140186-FM.indd 1 16/09/14 6:01 PM This is an electronic version of the print textbook. Due to electronic rights restrictions, some third party content may be suppressed. The publisher reserves the right to remove content from this title at any time if subsequent rights restrictions require it. For valuable information on pricing, previous editions, changes to current editions, and alternate formats, please visit www.nelson.com to search by ISBN#, author, title, or keyword for materials in your areas of interest. Copyright 2015 Nelson Education Ltd. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. Due to electronic rights, some third party content may be suppressed from the eBook and/or eChapter(s). Nelson Education reserves the right to remove additional content at any time if subsequent rights restrictions require it. for more ebook requests: email [email protected] Young Offenders and Youth Justice, Fifth Edition by Sandra J. Bell Vice President, Editorial Production Project Manager: Managing Designer: Higher Education: Jaime Smith Franca Amore Anne Williams Production Service: Interior Design: Publisher: Cenveo Publisher Services Cathy Mayer Leanna MacLean Copy Editor: Cover Design: Marketing Manager: Heather Sangster Cathy Mayer Terry Fedorkiw Proofreader: Cover Image: Developmental Editor: Pushpa V. Giri Umstätter/Masterfile Lisa Berland Indexer: Compositor: Photo Researcher: BIM Indexing Services Cenveo Publisher Services Sandra Mark Design Director: Permissions Coordinator: Ken Phipps Sandra Mark COPYRIgHt © 2015, 2012 by All RIgHtS RESERVED. No part of library and Archives Canada Nelson Education Ltd. this work covered by the copyright Cataloguing in Publication herein may be reproduced, Printed and bound in the United transcribed, or used in any form or Bell, Sandra Jean, 1943-[Young States. by any means—graphic, electronic, offenders and juvenile justice] 1 2 3 4 16 15 14 13 or mechanical, including Young offenders and youth justice: For more information contact photocopying, recording, taping, a century after the fact / Sandra J. Nelson Education Ltd., Web distribution, or information Bell, St. Mary’s University.— Fifth 1120 Birchmount Road, Toronto, storage and retrieval systems— edition. Ontario, M1K 5G4. Or you can visit without the written permission of our Internet site at the publisher. Includes bibliographical references http://www.nelson.com and index. For permission to use material ISBN 978-0-17-653170-6 (pbk.) from this text or product, submit all requests online at 1. Juvenile delinquency—Canada— www.cengage.com/permissions. Textbooks. 2. Juvenile justice, Further questions about Administration of—Canada— permissions can be emailed to Textbooks. I. Title. [email protected] HV9108.B44 2014 Every effort has been made to 364.360971 C2014-902900-4 trace ownership of all copyrighted material and to secure permission ISBN-13: 978-0-17-653170-6 from copyright holders. In the ISBN-10: 0-17-653170-X event of any question arising as to the use of any material, we will be pleased to make the necessary corrections in future printings. Copyright 2015 Nelson Education Ltd. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. Due to electronic rights, some third party content may be suppressed from the eBook and/or eChapter(s). Nelson Education reserves the right to remove additional content at any time if subsequent rights restrictions require it. BK-NEL-BELL_5E-140186-FM.indd 2 16/09/14 6:01 PM Brief contents PREFACE Xii CHAPTER 1 ThE RisE and Fall oF dElinquEncy 1 CHAPTER 2 cREaTing a JuvEnilE JusTicE sysTEm: ThEn and now 34 CHAPTER 3 ThE “FacTs” oF youTh cRimE 72 CHAPTER 4 ThE social FacE oF youTh cRimE 118 CHAPTER 5 EXplaining cRimE and dElinquEncy: in ThE BEginning . . . 155 CHAPTER 6 diFFEREnT diREcTions in ThEoRizing aBouT youTh cRimE and dElinquEncy 178 CHAPTER 7 Family, school, pEERs, and ThE youTh cRimE pRoBlEm 208 CHAPTER 8 FiRsT conTacT: policE and divERsionaRy mEasuREs 253 CHAPTER 9 going To couRT 292 CHAPTER 10 youTh coRREcTions: going To Jail 340 CHAPTER 11 pERpETuaTing social inJusTicE 380 CHAPTER 12 a cEnTuRy aFTER ThE FacT: whaT do wE Know? whERE aRE wE going? 414 GLOSSARY 456 REFERENCES 462 CASES CITEd 500 INdEX 501 NEL iii Copyright 2015 Nelson Education Ltd. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. Due to electronic rights, some third party content may be suppressed from the eBook and/or eChapter(s). Nelson Education reserves the right to remove additional content at any time if subsequent rights restrictions require it. BK-NEL-BELL_5E-140186-FM.indd 3 16/09/14 6:01 PM for more ebook requests: email [email protected] contents Preface xii CHAPtER 1: ThE RisE and Fall oF dElinquEncy 1 Student Learning Objectives 1 Key Terms 1 Introduction 2 The Public Issue 2 Media and the Politics of Youth Crime 3 Two Opposing Sides 6 “The Good Old Days” 9 Lawless and Disobedient Youth: The 17th and 18th Centuries 11 The Colonial Public Issue 12 “Causes” and Solutions: An Era of Control and Punishment 12 A Question of Immorality: The 19th Century 13 The Victorian Public Issue 16 “Causes” and Solutions: An Era of Social Reform 17 Canadian Child Savers 19 Neglected and Delinquent Children 19 The Era of the Juvenile Delinquent: The 20th Century 20 Myths and Facts about Youth Crime 23 Is Youth Crime More Serious Now? 24 A Sociological Perspective on Youth Crime 26 Youth Crime as a Public Issue 27 Media, Moral Panic, and Penal Populism 27 Summary 31 CHAPtER 2: cREaTing a JuvEnilE JusTicE sysTEm: ThEn and now 34 Student Learning Objectives 34 Key Terms 34 Introduction 35 The Canadian Juvenile Justice System 35 JDA: Philosophy and Definitions 37 JDA: The System 39 Opposition to the JDA 41 Modifying the Juvenile Justice System 43 Principles of Juvenile Justice Introduced by the YOA 44 Accountability 45 Protection of Society 46 Special Needs 46 Alternative Measures 46 iv NEL Copyright 2015 Nelson Education Ltd. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. Due to electronic rights, some third party content may be suppressed from the eBook and/or eChapter(s). Nelson Education reserves the right to remove additional content at any time if subsequent rights restrictions require it. BK-NEL-BELL_5E-140186-FM.indd 4 16/09/14 6:01 PM Contents v Rights of Young Persons 46 Minimal Interference with Freedom 47 Parental Responsibility 47 Modifying the YOA 48 A Strategy for Reform 50 Principles of Youth Justice under the YCJA 52 A New/Old Justice System 54 Modifying the YCJA 55 Bill C-10 58 New/Old Justice Issues 60 Children’s Rights 60 Cycle of Juvenile Justice 65 Summary 69 CHAPtER 3: ThE “FacTs” oF youTh cRimE 72 Student Learning Objectives 72 Key Terms 72 Introduction 73 Measuring Youth Crime 73 Sources and What They Tell Us about Youth Crime 74 The Media 74 Police Statistics 76 What Police Statistics Tell Us about Youth Crime 77 Court Statistics 83 What Court Statistics Tell Us about Youth Crime 85 Self-Report Surveys 86 What Self-Report Surveys Tell Us about Youth Crime 86 Victimization Surveys 88 What Victimization Surveys Tell Us about Youth Crime 89 Profiling Youth Crime 90 Property Crime 90 Violent Offences 91 Sexual Assault 93 Murder 94 Administrative and YOA/YCJA Offences 97 Measurement Issues 98 The Violent Crime Debate 98 Carrington’s Challenge 103 Validity and Reliability 105 Lying about Crime 105 What Are We Measuring? 106 Recalling Crime 107 Revisiting Questions about Youth Crime 108 Which Source of Information Is the “Best”? 108 Crime under the YOA and YCJA versus Crime under the JDA 109 Youth Crime Waves 112 Summary 116 NEL Copyright 2015 Nelson Education Ltd. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. Due to electronic rights, some third party content may be suppressed from the eBook and/or eChapter(s). Nelson Education reserves the right to remove additional content at any time if subsequent rights restrictions require it. BK-NEL-BELL_5E-140186-FM.indd 5 16/09/14 6:01 PM for more ebook requests: email [email protected] vi Contents CHAPtER 4: ThE social FacE oF youTh cRimE 118 Student Learning Objectives 118 Key Terms 118 Introduction 119 Race/Ethnicity 120 Racialized Youth Gangs 122 Black Youth 124 Aboriginal Youth 125 Age 128 Youth under 12 128 Youth Crime Trends 129 Gender 131 Official Data 131 Self-Report Studies 135 Victimization Surveys 137 Delinquent Careers 138 Girls and Violence 138 Youth as Victims of Crime 140 Age and Sex 143 Location 145 Victimization and the State 149 Summary 152 CHAPtER 5: EXplaining cRimE and dElinquEncy: in ThE BEginning . . . 155 Student Learning Objectives 155 Key Terms 155 Introduction 156 The Scientific Method: Positivism and Criminology 156 Causal Relationships 156 Challenges to Positivism 157 Nineteenth-Century Theorizing about Crime and Delinquency 158 Classical Criminology 158 Biological Positivism 159 The Born Criminal 159 Types of People 159 The “Dangerous Class” 161 Twentieth-Century Theories of Delinquency 161 Biological Positivism 161 Twins and Adopted Children 161 Body Type 162 Chromosomes 162 IQ, LD, and ADHD 162 Explaining the “Biological” Facts 163 Psychological Positivism 164 Psychoanalytic Theories 165 Behaviourism 166 Social Learning Theory 166 NEL Copyright 2015 Nelson Education Ltd. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. Due to electronic rights, some third party content may be suppressed from the eBook and/or eChapter(s). Nelson Education reserves the right to remove additional content at any time if subsequent rights restrictions require it. BK-NEL-BELL_5E-140186-FM.indd 6 16/09/14 6:01 PM Contents vii Moral Development Theory 167 Personality Theory 167 Antisocial Personality Theory 167 Sociological Positivism 168 Social Disorganization and Strain Theory 169 Culture and Learning Theory 172 Control Theory 174 Summary 176 CHAPtER 6: diFFEREnT diREcTions in ThEoRizing aBouT youTh cRimE and dElinquEncy 178 Student Learning Objectives 178 Key Terms 178 Introduction 179 Labelling Theory 179 Play and Delinquency 179 Secondary Deviance 180 Societal Response 180 Critical Criminology and Conflict Theory 181 Liberal Conflict Theory 181 Radical Conflict Theory 182 Opportunity Theory 183 Routine Activity Theory 183 Rational Choice Theory 184 Integrative Theory 184 Social-Learning Theory 184 Differential Association–Reinforcement Theory 184 Social Control and Social Learning 185 Self-Derogation Theory 185 Integrated Theory 185 Interactional Theory 185 Radical Conflict, Social Control, and Social Learning 186 Social Control, Strain, and Liberal Conflict Theories 187 Theory of Differential Oppression 187 Lifecourse Theories of Crime 188 Developmental Criminology 189 Linking Theory, Research, and Practice 190 The Feminist Perspective and Critique 190 The Invisible Girl 190 The Less-than-Perfect Girl 192 Biology and Physiology 192 Contemporary Theory and the Sexual Girl 194 Girls and Their Hormones 195 The Liberated Girl 195 The Incorrigible/Nasty Girl 196 Sorting Out What Needs to be Explained 196 Delinquency and Patriarchy 197 Girls and Oppression 198 NEL Copyright 2015 Nelson Education Ltd. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. Due to electronic rights, some third party content may be suppressed from the eBook and/or eChapter(s). Nelson Education reserves the right to remove additional content at any time if subsequent rights restrictions require it. BK-NEL-BELL_5E-140186-FM.indd 7 16/09/14 6:01 PM for more ebook requests: email [email protected] viii Contents Feminist Theorizing about Girls 199 Ethic of Care 199 Resistance to Care Lessons 199 Mean Girls 201 A Final Note on Feminist Criminology 201 “New” Directions in Criminology 202 Peacemaking Criminology 202 Cultural Studies Perspective 202 Postmodernism Perspective 203 Summary 204 CHAPtER 7: Family, school, pEERs, and ThE youTh cRimE pRoBlEm 208 Student Learning Objectives 208 Key Terms 208 Introduction 209 Family 209 Family Structure 210 Parenting 211 The Meaning of Family Attachment 216 Consequences of “Bad” Family Relationships 218 The “Bad Seed” and Invisible Victims 219 School 223 Youth Crime as an Educational Issue 223 School Commitment 223 Individual Failures 224 School Failures 226 Structural Failures 227 Youth Failure: Schools in Crisis 228 Responding to School Violence 230 Peers: Friends and Gangs 233 Friends 233 Gangs 235 Definitions and Measurement 239 Explaining Gang Membership 242 Girls and Gangs 244 Linking Research to Policy and Practice 246 Crime Prevention 246 Risk and Resiliency 247 Risk Factors Prevention Paradigm (RFPP) 248 RFPP as Risky Practice 248 Summary 250 CHAPtER 8: FiRsT conTacT: policE and divERsionaRy mEasuREs 253 Student Learning Objectives 253 Key Terms 253 Introduction 254 Police Contact and Decision-Making 255 NEL Copyright 2015 Nelson Education Ltd. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. Due to electronic rights, some third party content may be suppressed from the eBook and/or eChapter(s). Nelson Education reserves the right to remove additional content at any time if subsequent rights restrictions require it. BK-NEL-BELL_5E-140186-FM.indd 8 16/09/14 6:01 PM

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