Chapter

Hie Impact of Law Reform: Deinstitutionalization in Law and Practice in Canada

in Justice for Girls?

Published by University of Chicago Press

Published in print December 2009 | ISBN: 9780226770048
Published online March 2013 | e-ISBN: 9780226770062 | DOI: http://dx.doi.org/10.7208/chicago/9780226770062.003.0006
Hie Impact of Law Reform: Deinstitutionalization in Law and Practice in Canada

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Canada officially abolished status offenses for young people in 1984 when it replaced the Juvenile Delinquents Act with the Young Offenders Act. Prior to 1984, two major status offenses that were controversial were sexual immorality (or any similar form of vice) and incorrigibility. Like the United States, Canada had to deal with the conflicting goals of treating youths who committed offenses in a manner consistent with due process concerns and the desire to intervene in positive ways towards youths. And similar to the United States, this tension was most pronounced with status offenses and girls. This chapter explores how incorrigibility and sexual immorality were handled by the courts during the 1950s and 1960s. The data were used to examine the youth court processing of juvenile status offenders during a period well before the law was replaced. Specifically, trends in bringing these two types of cases into court, adjudicating the offenders delinquent, and sentencing them to custody are compared. The chapter also looks at the incarceration of girls in Canada and the United States.

Keywords: Canada; United States; girls; incarceration; status offenses; Juvenile Delinquents Act; Young Offenders Act; sexual immorality; incorrigibility; court processing

Chapter.  9301 words.  Illustrated.

Subjects: Criminal Law

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