According to Youth Crime and the Youth Justice System in Canada: A Research Perspective, most young people between the ages of 12 and 17 years take part in what could be deemed criminal behaviour at some point during their adolescence.
What is this article/book? The list of References at the end of the paper shows that it's a book. It seems believable.
The vast majority are not apprehended for this behaviour. Of those who are caught, a relatively small number are brought before the youth court, especially when the criminal behaviour is of a minor nature.
What are the consequences to a child who is caught, charged and brought before the criminal justice system? Based upon the ostensible goals of our criminal justice system, one would assume (she's telling me that she doesn't believe this) that the child is in some way held accountable for his or her behaviour and learns that criminal behaviour will be punished. This, in turn, should (again, she doesn't believe it) lead to a decrease in subsequent criminal behaviour in most cases and send a message of deterrence to others who might be tempted to offend. The reality, however, is quite different. (as I expected)
For the small proportion of young offenders who are apprehended for minor offences, it usually takes many months to come before a judge to be tried. Based upon a study by Peterson-Bedali and Abramovitch, it appears that these young people are encouraged to participate in a rigid system that defines truth and fact in a non-intuitive fashion and encourages the separation of morality from responsibility.
For many young offenders, contact with the justice system leads to a lack of respect for the system and the lessons it attempts to impart (this is opposite to the goals). Contact with the system also seems to have a negative effect on the behaviour of many young offenders. This may be due to the stigma of being involved with the system. A child in this position is often viewed thereafter by friends and authorities as a "bad" kid or a "troublemaker" and the child begins to live up to the label. Placing a child in custody strengthens the self-image of being a criminal and, in the words of Stockdale and Casale, editors of Criminal Justice Under Stress: "what the period of custody may well do is to turn the offender into a more sophisticated, confirmed and effective criminal." This is a very negative view from somebody who is an insider in this system. It also fits well with my understanding of the system, so I think I can believe it.
Recognizing this difficulty, the Ontario Ministry of the Attorney General's Alternative Measures Program: Policy and Procedures Manual acknowledges that "minimization of unnecessary stigmatization and 'labelling' as a result of more formal exposure to the justice system" is one of the goals of the Alternative Measures program.
Clearly, there are valid reasons to hold some young offenders criminally responsible for serious breaches of the law. While lengthy sentences may not deter young people from committing crimes and may not lower the rate of re-offending, custodial sentences will keep serious offenders off the streets for a period of time and seem to satisfy society's need for a retributive response to serious criminal behaviour. For lesser crimes, however, there appears to be little justification for processing young people through the formal criminal justice system. So here, she's conceding that custody does have its uses (though the US has obviously gone crazy), but she's obviously not very happy with it. But by doing this, she can make her case more easily relating to a smaller group of people.
The school system may be a useful place in which to base a program that addresses some of the concerns which flow from the criminal justice system (thesis). Other than the home environment, (reason 1) school has biggest impact on children. (expanding reason 1 or reason 2?) School is the predominant environment for students for at least 10 months of the year. (reason 3) Large numbers of children can be reached in one site and (reason 4) cultural changes within the school setting can also affect students who do not participate in the formal structure of the program.
Peer mediation projects have been used to influence and guide behaviour in many ways over a number of years and in many different school settings with encouraging results. Such programs have been referred to as peer mediation and positive peer counselling. These programs have involved children ranging from junior kindergarten to grade 13. There appears to be some basis for believing (this is very tentative) that students are capable of learning how to manage conflict appropriately and effectively and that they are further capable of assisting their peers to manage conflict in a useful fashion.
School-Based Model
In 1994, I worked with a lawyer from Justice for Children and Youth--a Toronto organization promoting children's right within the justice system--to develop a school-based peer mediation model that would work within the youth justice system. Students would conduct the mediations with support from school staff. The objectives were to train students as peer mediators and provide a process for resolving conflicts which might otherwise be the subject of criminal charges. We wanted to create a structure for diverting cases away from the justice system before charges were laid or police called. The program was to be self-sustaining after the initial investment in training the first group ofstaff and student mediators.
The model had to be responsive to behaviours which could result in criminal charges, and it had to allow for participants to acknowledge their actions and appreciate the consequences. The mediation had to be timely, with the smallest possible lag between incident and mediation, to make an almost immediate connection between the incident and the resolution.
A Positive Response
The process also had to be seen as a positive response to a negative situation. It could not stigmatize or label those who participated in it and had to be a process that was accessible to and credible with all students. The process was incorporated into the school environment and included positive and negative student leaders as mediators.
Any model for peer mediation has to consider the interests of all those concerned. Consultations were held with the Ministry of the Attorney General, the Crown attorney, the police, students defense counsel representing young persons, and school staff and administration.
To encourage use of the model, the young people had to be assured that any statements made by them in the mediation would be strictly confidential and inadmissible in court should charges be laid at a future date. They also needed assurance that a successfully mediated solution would not itself form the basis for charges to be laid.
Students with a large
following who were
perceived to be a negative
influence made the greatest
impact as mediators.
The Ministry was supportive of the use of mediation as an alternative measure and the North York Crown attorney's office supported peer mediation as a diversionary program, giving a written assurance that it would not use in court any statements or admissions made by any young person in the course of the peer mediation.
Appropriate Offences
Metropolitan Toronto Police Force 31 Division was contacted and meetings held with the street crimes unit. Working with the police, we sorted offences into three categories of appropriateness for mediation: less serious offences appropriate for mediation very serious offences that would never qualify for mediation and offences that might qualify, depending on the individuals involved and the specifics of the case. (All offences had to have occurred on school property in order to be considered.)
Offences in the "never qualify" category were murder, manslaughter, drinking and driving, narcotics-related offences, and any offense involving explosives or firearms. Other offences that would be considered for mediation depended on the seriousness of the behaviour involved. The criteria used to determine seriousness are if the offence did not involve:
* intimidation beyond adolescent bullying;
* substantial physical or psychological injury;
* no chronic or repetitive behaviour (assessed by school representatives);
* violations of school board policy on assaults, threats, weapons, drug or alcohol abuse, sexual harassment, etc.
After meeting with police, we approached Emery Collegiate Institute in North York. The school did not have a peer mediation program and was interested in developing one. The first meetings were with the school principal and vice-principal, who were very interested in trying the model. We then held several meetings with school staff, administration and the police. The model was acceptable to all concerned. A 30-hour training program for students and key staff members was approved by the school. In consultation with staff, I began training students in the second semester of the 1994-95 school year.
Our goal was to have approximately 15 peer mediators who could begin to conduct mediations by September 1995. The students were given a credit for the training and received ongoing training and support from school personnel in the 1995-96 school year. Based on students suggestions, the original mediation model was amended to accommodate co-mediation in pairs. They also were given the opportunity to discuss the mediations they handled with a designated staff member, who was subject to the same rules regarding confidentiality for the participants.
Peer mediators were selected from each of the school's ethnic groups and from among those identified by staff and students as either positive or negative peer leaders. Students with a large following who were perceived to be a negative influence made the greatest impact as mediators.
The training consisted of 30 hours of instruction. Students were first asked to analyze and reflect on styles and methods of conflict resolution and interpersonal relationships. Emphasis was placed on identifying and understanding cultural differences and self-awareness. The training then focussed on negotiation and mediation as strategies for conflict resolution. Particular emphasis was placed on interest-based bargaining. Specific mediation skills were taught and practiced. Ethical issues were identified and discussed and students were given information about the criminal justice system. The final sessions stressed practicing the skills learned.
The training relied heavily on interactive teaching. A combination of written materials, lectures, video materials, discussion and role-playing was used. A police officer, an assistant Crown attorney, and a defense counsel spoke to the students about the justice system.
The most effective mediators, in terms of skills mastered and commitment to the process, were the negative peer leaders. They were enthusiastic, eager, and engaging. The role-playing sessions were often noisy and the language was sometimes foul, but the students seemed to grasp the issues and were very practical and insightful when dealing with their peers.
It was particularly interesting to witness the personal growth and increase in the students' self-esteem and self-knowledge. Many said they were applying the mediation skills in other forums and several said they were better able to manage conflict in their families.
Eleven students returned to the project in the fall of 1995 and 10 new ones began to receive regular, ongoing training. Formal mediations began in October 1995 and 18 mediations were conducted by January 1996. In all cases, mediation was successful and an agreement was signed by the participants.
The role-playing was often
noisy and the language was
sometimes foul, but the
students seemed to grasp
the issues and were very
practical and insightful when
dealing with their peers.
According to the data taken from intake forms filled out by the mediators, eight cases involved incidents that would not otherwise involve the criminal justice system--arguments, name-calling, rumours and conflict over a member of the opposite sex. Ten cases involved situations that might have led to charges under the Young Offenders Act. In five of these cases, students were physically fighting (two cases avoided school suspension and three involved suspensions in addition to the mediation). Of the five remaining cases, one involved damage to a table and book stand, two involved threatening, one involved theft, and one involved the inappropriate use of a car.
The extent to which this peer mediation model can address current juvenile justice problems remains to be seen. A thorough analysis of the screening process and the types of cases referred is required to determine if potential YOA matters are truly being diverted. The number and type of charges arising out of school incidents before and after the project need to be compared and an attempt should be made to determine the impact of the project on the school culture. Recidivism rates and perceived stigma could also be measured and compared.
Perhaps the most fascinating aspect of this project--and the most important from the perspective of a young person--is the personal change that was made possible through involvement in the program. For at least one student in the Emery project, participation as a mediator has led to real personal growth and positive change. He has expressed a new sense of accomplishment and worth and insight into his own personality and culture. He has become able to see the world through the eyes of others. This is the real value, for this student and for all young people.
June Maresca, LLB, developed the peer mediation model with David Mikelberg of Justice for Children and Youth. This article is excerpted from a research paper she submitted to Professor Paul Emond, Osgoode Hall Law School, towards a Masters of Law in Alternative Dispute Resolution. For more information about this model, please contact Justice for Children and Youth at (416) 920-1633 or June Maresca at (416) 762-8617.
REFERENCES
Doob, Anthony; Marinos, Voula; and Varma, Kimberly; Youth Crime and the Youth Justice System in Canada: A Research Perspective, Dept. of Justice, Ottawa, 1995.
Ministry of the Attorney General, Alternative Measures Programs: Policy and Procedures, Government of Canada Publications, 1995.
Peterson-Bedali, M. and Abramovitch, R., "Grade Related Changes in Young People's Reasoning About Plea Decisions" in Law and Human Behaviour, vol. 17, no. 5, Plenum Publishing Corp, 1993.
Stockdale, Eric and Casale, Silvia, editors, Criminal Justice Under Stress, Blackstone Press Ltd., London, 1992.
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