Chapter 1 Flashcards

1
Q

The idea that youth require a separate justice system from adults is from ____.

A

the industrial revolution and the realities of print

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2
Q

the “development of childhood” according to Neil Postman comes from the ____.

A

creation of the printing press

Prior to this, there were no “young-offenders”

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3
Q

Until when was it okay for people to steal a child and why

A

until 1814, because they weren’t viewed as property of their parents

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4
Q

Canadas treatment of juvenile offenders has closely mirrored that of ____ and ____.

A

Western nations and Anglo-sphere countries (UK, USA, Australia, New Zealand)

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5
Q

Hogeveen and Minaker argued that juvenile delinquents fit into two types of offenders, which are ….

A

Reformable Offender
Punishable Offender

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6
Q

What is a “Reformable Young Offender”

A

the idea that some offenders are “troubled” and need help in the hope that they can become good again (rehabilitated)

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7
Q

What is the “Punishable Young Offender”

A

the idea that young offenders willfully want to cause harm to society and the only way is to punish them so they can be held accountable

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8
Q

What was the first piece of legislation for youth crime and what year was it enacted

A

The Juvenile Delinquents Act or JDA
1908

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9
Q

What is the “Punitive Turn Thesis”

A

the idea that how the criminal justice system treats young people is determined by the understanding of childhood, and that is has become more harsh (longer sentencing, more punishments)

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10
Q

What were 3 of Philippe Aries beliefs

A
  1. the idea of childhood was developed over time and how they are treated has also developed over time
  2. childhood was discovered by western countries (17th century)
  3. childhood did not exist until the 10th-13th century and were treated as miniature adults
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11
Q

What did Aries claim that is controversial

A

that parents don’t care about their children until their 2-3 years old and that the west created social structures

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12
Q

Lamar Empty was a scholar who used Aries ideas to support what argument?

A

that there is a change in treatment of children from ignoring them and exploiting them, to concern for their moral welfare

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13
Q

when was the term “juvenile delinquency” first used

A

in the 18th century

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14
Q

Explain “Doli Incapax”

A

the idea that children ages 7-14 could not be prosecuted for committing criminal offences unless the crown said so.

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15
Q

What is “Diminished Criminal Responsibility”

A

the view that people who are not adults should not be FULLY responsible for their criminal behaviour

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16
Q

What is the “Parens Patriae”

A

the idea that the state has a duty to assume the role of a parent to a delinquent or dependant child with no parents
judges are given the power to deal with delinquents however they wanted (with reason)