Section 16: A hidden self-contradiction of the Y.O.A.?
Section 16: A hidden self-contradiction of the Y.O.A.?Section 16 contradicts Young Offenders Act. The ability of the courts to divert young offenders into ordinary court goes against section 3, the declaration of principles, particularly section 3 (c.) of the Y.O.A., which states that "young persons who commit crime require supervision, discipline and control, but, because of their state of dependency and level of development and maturity, they also have special needs and require guidance and assistance;" Young people who commit manslaughter, aggravated sexual assault, murder or attempt to commit murder, should suffer retribution for their crimes, because the fact is that these are grizzly acts of animosity that cannot go unpunished. Though section 16 allows this punishment to occur, and maybe even addresses another very important factor in assuring the victim and his or her family, that justice has been done; at such a young age, offenders need more than a l
engthy prison term. This may be necessary to protect society, but clearly, young people who commit such heinous acts are severely reckless and misguided and have no regard for society's most basic rules. They need direct one on one counseling, guidance, and support that an ordinary adult sentence may not sufficiently provide. likely to come out as violent career criminals than similar kids handled on the juvenile side." ------------------------------------------------------------------------ Though I do agree with the method for making the determination of transferring to ordinary court section 16 (2), which is based on the seriousness and circumstances of the offence, the age, maturity, character, and background of the young person, I do not agree with the general idea of transferring young offenders to adult court. A young person who commits serious offences must often be detained to uphold society's right to be protected from crime, but sending youths to
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