Custodial/Non-Custodial Options

Topics: Crime, Punishment, Criminal justice Pages: 7 (2416 words) Published: February 16, 2013
The Youth Criminal Justice Act contains non-custodial sentencing options that are not available to adults. State each of these options and argue whether or not they are appropriate for youths and not for adults. Sentencing Option 42 (2) (a) Sentencing option 42(2) under the Youth Criminal Justice Act is to reprimand the young person. Reprimand is a severe reproof or rebuke in this case by a person of authority. -This option is appropriate for the youth than it is for the adults for many reasons. Youths under the age of 18 are still developing in the mind and are not yet as focused as an adult would be otherwise in life and think less of the future and live within the moment thinking that these situations don’t mean anything for their future. Therefore commit these minor crimes which majority of the time are first timers anyways, so they yet don’t have the experience of life. -As in the case of the adults, reprimands would be a good thing, but the only thing opposing to that would be their age. Being over 18 just automatically makes you more aware of your actions, you generally mature up once you reach that age and you realize that the difference between right or wrong. If a person shoplifts past the age of 18, he most likely had done it in the past and will continue to do it in the future if not caught. Although majority of the time, a first time shoplifter is only warned, it still marks their name with a bad note for future job hunting.

Sentencing Option 42 (2)(b) When a young person is found guilty, through a youth justice court, the judge may refer to section 42(2)(b) under the Youth Criminal Justice Act. Under section 42(2) (b) a young person, when guilt is found, may be discharged absolutely. This discharge is dependent on the best interest of the young offender without being in contrast with the best interests of the public.  An absolute discharge, under section 42(2) (b), in accordance with 82(2), constitutes a termination of the sentence of a young person in respect of an offence in which a young person is found guilty. As opposed to conditional discharges, absolute discharges do not carry sanctions of probation or any other condition that the court may find appropriate (fair sanctions with meaningful consequences)

-This option could work both ways, in all fairness this option should be offered to both youth and adults. Reason being is that both of these groups always tend to have an offender who admits to his/her mistake and are first time offenders -

Sentencing Option 42 (2)(c) Sentencing option 42 (2) c under the Youth Criminal Justice act states that a convicted young offender can be discharged on any conditions the court decides to be appropriate. This may require the young offender to report to and be supervised by the provincial director.  Conditions for a discharge might also include undergoing counselling, doing community service work or donation to a charity. Once the duration of the discharge has passed and the conditions of the probation have been successfully followed, the discharge becomes absolute, i.e., the youth will not be viewed as the offender although the record can be used for three years after finding of guilt in the event that there is a subsequent conviction. However, if the young person fails to abide by the conditions of probation, the offender can be convicted of the original offence and be sentenced.

-Conditional discharge is appropriate for both the youth and the adults, but mainly so for the youth if the crime is a minor one and so they don’t have to experience the custody settings which are for the more severe of punishments.

Sentencing Options 42(2)(c) If a young person is found guilty, "By order direct that the young person be discharged on any conditions that the court considers appropriate and may require the young person to report to and be supervised by the provincial director". As an order under conditional release, the young offender is required...
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