The Face of Youth Court
As someone lucky enough to be a mere observer of the criminal justice system and not a participant, my curiosity was peaked when I heard a young offender (let’s call him Henry) speak about his experiences and the wisdom gained as a result. Henry and I met recently to give me a close-up view of the perspective of someone who has been affected by the Youth Criminal Justice Act (YCJA), an act that has been widely praised for the balance it strikes between compassion and consequence. Much of the rationale given by the Minister of Justice in regards to the changes to the Act, as part of Bill C-10, is in regards to what he perceives to be “out of control youth”. Now, in my time as a school principal I probably met many of the young people who, for a period of time, might fall into this category. But, isn’t anyone who commits a crime temporarily out of control?
Everyone has a different story so legislation like Bill C-10 that severely reduces the discretion judges can use knowing the story behind the youth and the crime is disturbing. Judges need this discretion because every person coming before the bench is unique and, what works for some won’t work for all. Some young offenders never come into contact with the courts or police ever again because they have benefitted from the alternative measures and diversion programs designed to do just that. Whereas others, like Henry, aren’t helped by them, not because they aren’t good programs but participation in them requires a commitment not every offender is able to give because they aren’t ready for it. Human nature is incredibly complex, requiring a nuanced approach that C-10 does not seem to offer.
Henry allowed me to hear his story one afternoon recently. In order to protect his identity I have changed some of the facts in his story. Henry was an inmate in the correctional system more than once. He has seen it up close. Not a pretty place, though it can bring structure and support to some who might need it. There are some guards who are helpful and hopeful and others who are disrespectful of inmates and abuse their authority through the arbitrary loss of points inmates can use for privileges. It’s not an easy place to maintain one’s dignity, particularly with overcrowding (which is already seen in many jails and prisons and will only worsen under C-10). Being brought to court for remands and made to wait hours in cuffs and shackles for the appearance and then to wait again for the return to jail was frustrating. Made to sit on a concrete bench for hours doesn’t help one maintain a sense of dignity. For Henry court was a frustrating experience because it seemed no one was interested in his side of the story as his lawyer did most of the interaction with the judge and court officials.
The adolescent brain is still in a stage of maturation and has not fully developed the capability to reason thoughtfully. Many young people don’t take the time to reason out the impulse to act out, whether it results in a theft, a fight, a threat or a robbery. Steven Pinker, in his book “The Better Angels of our Nature” says “The arc of crime in adolescence is the outcome of these inner forces [sensation-seeking and competitiveness] pushing and pulling in different directions (p.600-601). Young people, if Henry is an exemplar, do not always take the time to reason out the deterrence factors of the penalties associated with laws. It’s not necessarily in their biological nature during adolescence. It is evolving and not fully-formed.
As part of the program at inREACH, Henry has learned about brain development and the role it has played in his discernment process. Through the lessons learned there he has come to personify what Pinker says…”In the long run, self-control gains the upper hand when it is fortified by experience which teaches adolescents that thrill-seeking and competitiveness have costs and that self-control has rewards” (p 601).
Not only has he learned valuable lessons himself but he hopes others can too. He especially hopes police will take every opportunity to be people and not just their roles. He hopes that more can be gained by listening and offering respect than a heavy hand or preconceptions about youth. In his view, some officers think fear is better than respect. Thankfully that has not been the attitude of every officer or correctional staff member. He also learned that family is more important than friends, maybe making truth of the old saying that “blood is thicker than water”. Henry’s family has been there for him, at each court appearance and with regular visits when he was incarcerated. He has come to a deeper appreciation of them.
Henry’s is just one story and I wish I could tell it more fully but I don’t want to take the chance of anyone identifying him because of this article. There are many stories of youth who haven’t had the support of family, school or programs like inREACH. Henry has taken the support he’s been given and made himself a better person. He hopes to use his experiences to help others as a career and will likely be a positive influence in the lives of many others. He is resilient. My worry is for those for whom the harsher strictures of C-10 will turn the benefits of the YCJA into something destructive.