1. Myth: Youth crime is increasing to be coupled with ways to deal with their problems 6. Myth: Violent youth lation of 30 million have a criminal record, and there
through culturally sensitive counselling (especially for crime is increasing are many more victims than offenders, perhaps a third
Reality: aboriginals), rehabilitation, education, skills training of our population need re-integrating into our civil so-
Youth crime, defined as 12 - 17 yearolds recommended employment, etc. Community-based policing and com- ciety if we are to enjoy more healthy and productive
munity-oriented responses which involve families and
Reality: communities. Some form of Restorative Justice (see
for charge by the police, has declined steadily in B.C. Violent youth crime, which was 11 charges per 1,000
from 71 per 1,000 in 1991 to 47 per 1,000 in 1997 and victims with offenders have the power to heal (4). box) is one way to repair the damage done to the rela-
youth in 1994, has slowly decreased to 10 charges for tionships between our fellow citizens. The decline in
35 per 1,000 in 2000; this is 5% lower than in 1999. 1,000 youth in 1997 and to 8 per 1,000 youth in 1999-
Some 77% of criminal offences charged to youth were 4. Myth: The justice system should “social capital”, the social links between citizens and
2000. Non-sexual assault accounts for about 75% of their willingness to do things for each other, is seen as
non-violent. e.g. against property. In the Capital Re- punish young offenders so they violent youth crimes. Are female young offenders be-
gional District (CRD) of Victoria, the serious crime a growing problem by many civic leaders, leading to
won’t re-offend coming more violent? Between 1994 and 1997, their low voter turnout, racism etc. Our traditional justice
(violent and break-and-enter) rate per 1,000 youth have rate has remained steady at 5-6 per 1,000 youth (2). In
declined steadily from 14.0 in 1995 to 9.4 in 2000. system contributes to social and civic decay.
Reality: the CRD, the violent crime rate per 1,000 youth were:
In any given month, over 75% of the inmates of Victo- 1995 = 7.2; ‘96 = 6.6; ‘97 = 7.6; ‘98 = 6.2; ‘99 = 6.8;
2. Myth: The media educates ‘00 = 4.8.
9. Myth: Restorative Justice is soft
ria’s Juvenile Detention Centre have a mental health
the public about youth crime issue. These people need health services, not punish-
on crime and contributes little
ment. In 504 cases of shoplifting by young first of- 7. Myth: Offenders learn a to our justice system
Reality: fenders, 1994 - 2001, a Restorative Justice Program in lesson from punishment
Some 94% of youth crime stories were about violent Maple Ridge involved the youths in a conferencing Reality:
offences, according to an Ontario study, even though process through which they completed an agreed re- Reality: Restorative Justice (RJ) is a response to crime that fo-
less than 25% of Ontario’s youth court cases involved storative action with the aid of a mentor; 86% have The punitive approach to justice has resulted in the cuses on restoring the losses suffered by victims, hold-
violence (2). Nearly all the youth crime photographs not re-offended (5). The RCMP in Chilliwack report U.S. becoming the largest jailer per capita in the west- ing offenders accountable for the harm they have
or hand-drawn sketches in the Calgary Herald, 1990- that, after a similar process, 80% of the young offend- ern world, with a violent crime rate second to none. If caused, re-integrating victims and offenders into their
93, showed youths committing crimes, an analysis of ers are never even seen again as suspects, accused or jail was a deterrent, the U.S. would be the world’s saf- community and building peace. In one case, a 6+ foot,
the newspaper’s coverage of young offenders indicated even witnesses to a crime (6). See #7 for the effect of est country - but it’s not. Instead, offenders are ware- 250 lb. offender, about to meet with his less than 100
(3). The media typically rely on the police as their punishment as a deterrent to crime. housed for a while, rehabilitation doesn’t occur so they lb. female victim, said: “This is the hardest thing I have
source of information so they reflect the “official ver- return to the streets burning for revenge; before long, ever done!” The program didn’t seem soft to him.
sion” of the story; attention is seldom paid by report- 5. Myth: Victims want young they’re back inside through the revolving door. The
ers to causal factors and aspects of society which fos- offenders punished retributive justice provided by the criminal justice sys- Many people are dissatisfied with our present justice
ter youth crime. e.g. lack of employment opportuni- tem simply doesn’t work (9). Restorative Justice works system - it seems too slow, too expensive and often
ties, inadequate parenting, little education, etc. Indi- with the best of human attributes, instead of trying to doesn’t serve young offenders well. RJ provides a
Reality: quick, meaningful and inexpensive experience of jus-
vidual stories are often sensationalized to grab the pub- Experience in B.C. indicates that victims are far more fight against the worst of human flaws. The sooner the
lic’s attention rather then reflect the bigger picture. restorative process begins, the greater the benefit to tice which is valued by most victims and young of-
concerned about repairing the harm done to their peace fenders. The new federal Youth Justice Act has many
of mind (“Why did you (offender) choose me?”) and the victim, and more likely it is that the offender will
3. Myth: Politicians are right be successfully integrated into the community as a pro- provisions for the use of RJ, making it the primary pro-
to their property, and to the rehabilitation of the of- gram before the court system is used. The use of RJ is
to get tough on youth crime fender, than to seeking revenge for the offence. Re- ductive citizen.
also being explored in other parts of the justice sys-
cent research in the U.S. reports that barely half (56%) tem. Justice was the business of the community in
Reality: of victims are satisfied with the results of the tradi- 8. Myth: Victims are well served Europe until the Middle Ages and in traditional socie-
Since youth are still developing their skills in judg- tional justice system compared with mostly (82%) and by our present justice system. ties in Canada and around the world. Perhaps it is time
ment, foresight and the consequences of their acts, fully (91%) restorative programs; when asked about for the community to take back at least some of the
longer sentences and transferring youth to adult court fairness, 56% felt the traditional system was fair com- Reality: justice system where lawyers and courts do not seem
have little effect in reducing youth crime. The U.S. pared with 85% in mostly restorative programs and Victims, as well as offenders, are likely to become to work well.
has tried a “get tough” approach and it simply hasn’t 90% in fully restorative programs (7). Several U.S. sur- withdrawn and alienated from their community as a
worked. The accountability expected of adults cannot veys reinforce that the public supports an emphasis on result of their experiences of the crime and of the jus-
be expected of youths, which is why they do not have prevention, treatment and rehabilitation, not retribu- tice system. Victims feel hurt, harmed and ignored by
the vote. Some level of accountability by youth needs tion (8). society. Since 2.5 million Canadians out of our popu-
References Restorative Justice Where?
The conference usually happens in the community, not
1. Statistics from Police Services Division, Ministry
of Public Safety and Solicitor General, Vancouver
and for the CRD from BC Stats in Victoria.
What?
Restorative Justice (RJ) is a response to crime that fo-
cuses on restoring the losses suffered by victims, hold-
a distant courtroom. In the CRD, there are programs
in Salt Spring, Saanich Peninsula, Saanich, Oak Bay
and Sooke; new programs are developing in Victoria
and other municipalities. There are some 70 programs
Myths
&
ing offenders accountable for the harm they have
2. ”Youth Crime”, B.C. Crime Trends, Nov. 1998. across B.C.
caused, re-integrating victims and offenders into their
community and building peace. RJ views an offence
3. Reginald Pakosz, “Young Offenders and Popular When?
as harm done to a person and the community; it seeks
Myths”, Irreverence, 1998. The conference usually happens within a month of the
Realities
to solve the problem and repair the harm and it sup-
ports forgiveness and rehabilitation. offence; the agreement is often completed within an-
4. Nicholas Bala, Faculty of Law, Queens University, other month. Compare this with the traditional system
“The Politics of Responding to Youth Crime: Myths which can take months or even years.
and Realities”, Child and Family Canada, Fall 1996. Why?
http://magi.com/~crccy/docs/nick.html
5. Personal communication, Ms. Lola Chapman, pro-
gram co-ordinator, January 2002.
The traditional justice system is too slow, too expen-
sive and doesn’t serve young first-time offenders well.
It is based on Old Testament values of punishment and
retribution, uses an adversarial process and reduces
How Much ($)?
The program is provided by trained volunteers, often
through a non-profit organization; legal and court costs
are not incurred. Two B.C. programs, with over 100
about
6. Barry Neufeld, president of Chilliwack Restorative
and Youth Diversion Association, presentation to
Select Standing Committee on Finance and Govt.
victims and offenders to being spectators. The victim’s
needs for healing are ignored. In RJ, victims have a
voice and offenders work towards reparation.
cases a year, have budgets of about $40,000, half for a
half-time paid coordinator.
Websites
Youth
Services, Oct. 10, 2001.
7. “Research analysis demonstrates power of
conferencing”, RealJustice FORUM, issue 10,
How?
A trained facilitator meets with the victim and the of-
fender separately, often in their homes. A conference
is held including victim, offender, their supporters,
www.youthrestorativejustice.ca
www.restorative justice.org
www.realjustice.org
Crime
2002. usually the arresting officer and representatives of the
community. The facilitator ensures a safe environment
8. Robert E. Shepherd, Jr., University of Richmond and that everyone has their say; a set format is fol-
School of Law, “What does the public really lowed to keep the process flowing. An agreement is
want?”, American Bar Association Journal; reached to repair the harm done; the participants all
www.abanet.org/crimjust/juvjus/cipublic.html sign it. Follow-up occurs to ensure it is carried out. A
co-facilitator assists the conference; a mentor may help
9. Marty Price, “Crime and Punishment: Can Media- the offender to complete the agreement. Over 95% of Restorative Justice - Saanich
tion produce Restorative Justice for Victims and agreements are carried out; if not, the offence maybe
Offenders?” Visit www.vorp.com for this article dealt with in another way. Acknowledgement
and other resources.
Who? This brochure was prepared by Des. Connor, chair of
The conference participants are noted above. The pro- Restorative Justice - Saanich with the assistance of
gram is typically used with young first time offenders some members of the group. For further information,
involved with theft under $5,000, mischief, vandalism, email connor@connor.bc.ca or call 250-658-1323.
assault, fraud, causing a disturbance and possessing
drugs. April 2002