Lesson 2: Emotions and Criminal Behaviour

17 - Youth Crime and the Young Offenders’ Act

In recent years, many people across Canada voiced displeasure with the Young Offenders’ Act. They wrote letters to the editors of newspapers, phoned talk shows to complain, and signed petitions by the thousands asking for changes. In 2002, the act was revised and renamed as the Youth Criminal Justice Act.

Most people have a perception of the average criminal to be an adult male, but when a young person commits a violent crime, that notion is shattered. It is upsetting to learn that a young person is responsible for destructive behaviour. When young Canadians commit homicide, the targets for their vengeance are parents (15% of the time), other family members (20%), total strangers (30%), and friends and acquaintances (35%). If they commit homicide, younger children are more likely to kill family members. Most frequently, youth homicides involve males killing other males. Female killers are responsible for only about 10% of the youth homicides.

How serious is youth crime? Earlier in this lesson, you learned how the media can deeply affect our perceptions about a situation. Following are some statistics on youth homicide.

Youth (12 to 17 years) accused of homicide, by sex, Canada, 1980 to 2010

We do know that vandalism and theft have increased somewhat. There seems to be an increase in the incidents of gang activity and gang violence. Teenage assaults have several reasons: to steal special kinds of clothing, for initiation into a gang, and to dominate weaker peers. Extortion of money or goods occurs when a stronger person intimidates a weaker one to meet certain demands to avoid a robbery or beating. Another slang name for this activity is “taxing”. Sometimes swarmings occur whereby a young person is surrounded by a gang of teenagers and is assaulted or robbed in a flurry of violence. Often the victim is silenced by the fact that the assault was perpetrated by a gang who could attack once again if the gang’s identity is revealed.

Gang-related homicides, Canada, 1991 to 2010

What factors have caused the public to believe that youth crime is out of control in Canada? Schools and communities have developed a Zero Tolerance Policy regarding altercations between young people. In the past, a school yard fight would have been resolved among school administration, parents, the students involved, and maybe the police. With a zero tolerance policy toward aggressive or violent behaviour, many of these incidents now come before the courts even when assaults are relatively minor.

Many people blame the wording and enforcement of the Young Offenders Act (YOA) as the cause of many of the problems with delinquent young people. Passed in 1984, the Young Offenders Act governed young people between the ages of 12 and 18 years involved in criminal activity . A child under 12 years is not considered criminally responsible for his/her actions. The YOA specifies much shorter terms for juvenile offenders. For example, three years is the maximum sentence a young person receives for the more serious crimes of aggravated assault and murder. The names and photographs of young offenders cannot be published or made know to the public. Although the reasons behind these rules might be worthy, they can lead to serious problems. For example, the police find it difficult to apprehend dangerous young offenders because their identities cannot be made known to the public. Therefore, it is not possible for the public to provide tips leading to an arrest. Also, many children under 12 are used by older criminals to commit crimes or conceal evidence because these children have immunity from being convicted. This act was replaced in 2002 by the Youth Criminal Justice Act, which modified some procedures.

What are some of the reasons behind youth crime? Family problems are at the top of the list. Some children are abused, serious conflicts occur in the home, and parents themselves might be involved in criminal activities. Some families live in crippling conditions of poverty. Authority of the parents has been seriously undermined in some cases. Some young criminals come from one-parent homes. The parent in charge is too overwhelmed by many other concerns including making a living to give the children the attention they need. One sociologist boldly stated that the single most effective program to reduce the crime rate would be provide programs to reduce the number of pregnant teens who are not prepared for the responsibility of child-rearing.

Besides making changes in the home life of disadvantaged youngsters, school problems can contribute to criminal tendencies. A child who faces continual failure and conflict in the school may drift into crime. A young person’s drug or alcohol abuse with delinquent friends may seem innocent at first, but it can lead to more serious types of antisocial behaviour and eventually into crime.