Facing reality: youth crime and responsibility.

• Author: Christopher, Michelle C.
• Position: Feature Report on Youth and the Law - Cover story

Are youth today out of control? Responsible for a crime wave? Beyond redemption? Recent negative press would have us all believe that the problem with young people is rooted in deficient youth criminal legislation, along with minimal punishments for crime and lowered rates of youth incarceration. Reality, of course, is much more complex. It would be a mistake to suggest that jailing all young offenders is the answer to what ails us. There are many contributing and diverse factors when it comes to youth criminal behaviour, including immaturity and adolescence, low self-esteem, parental absenteeism or neglect, societal desensitization towards violence and overt sexuality, substance abuse, mental illness, and organic brain dysfunction such as fetal alcohol syndrome or neurological defects and/or conduct disorders, all of which effectively disconnect youth from the consequences of their actions. Research shows that harsh punishment and stiffer sentences will not solve these wider issues, which contribute to serious youth crime. In fact, the Supreme Court of Canada has specifically stated that deterrence is not to be considered as a factor in sentencing in youth matters.

Rather than taking a "lock them up and throw away the key" approach, the federal Youth Criminal Justice Act commits us all, in principle, to three primary goals in order to promote the long-term protection of the public:

* to prevent crime by addressing the circumstances underlying a young person's offending behaviour,

* to rehabilitate young persons who commit offences and reintegrate them into society, and

* to ensure that a young person is subject to meaningful consequences for his or her offence.

This approach recognizes that young people do make mistakes and are still capable of learning from those mistakes, no matter how painful the lessons for all involved. It is important to remember that in all but the most serious of cases, the criminal justice system for young people must be separate from that of adults, emphasizing rehabilitation and reintegration into society alongside fair and proportionate accountability. In rendering sanctions, we speak primarily of meaningful consequences for young people in conflict with the law, and in doing so, we take into account the varied needs and levels of development of the young people. To be meaningful, and hence, to have lasting value, the consequences of one's actions must speak to one's place in society, and by law, must reinforce respect for societal values and encourage the repair of harm done to victims and the community.

So why is there so much criticism of youth criminal justice? Why is there so much resistance to the idea that young people are being held accountable for their actions? Victims' rights groups are quick to point the finger at the Youth Criminal Justice Act and so-called lenient judges, particularly in serious cases involving personal injury and even death. Perhaps it is just human nature to want retribution and punishment, but as Mahatma Gandhi once...