A study prepared for the Parkland Institute by Timothy F. Hartnagel Department of Sociology, University of Alberta Youth Crime and Justice in Alberta: RHETORIC AND REALITY 1 2 Youth Crime and Justice in Alberta: RHETORIC AND REALITY A study prepared for the Parkland Institute by Timothy F. Hartnagel Department of Sociology, University of Alberta This report was published by the Parkland Institute, December 2002. (c) All rights reseved. To obtain additional copies of the report Or rights to copy it, please contact: Parkland Institute University of Alberta 11045 Saskatchewan Drive Edmonton, Alberta T6G 2E1 Phone: (780) 492-8558 Fax: (780) 492-8738 Web site: www.ualberta.ca/parkland E-mail: [email protected] ISBN 1-894949-00-5 Youth Crime and Justice in Alberta: RHETORIC AND REALITY 3 Acknowledgements I wish to acknowledge the assistance of Michelle Robinson, Debra Shenkarek and Naomi Castle in locating material for this paper. Statistics Canada information is used with the permission of the Minister of Industry, as Minister responsible for Statistics Canada. Information on the availability of the wide range of data from Statistics Canada can be obtained from Statistics Canada’s Regional Offices, its World Wide Web site at http://statcan.ca, and its toll- free access number 1-800-263-1136. About the author Timothy F. Hartnagel is a Professor of Sociology at the University of Alberta where he has worked since 1971, specializing in criminology. He is a former Associate Chair of the Department and Director of the B.A. (Criminology) program. Professor Hartnagel has twice been appointed as a Visiting Fellow at the Institute of Criminology at Cambridge University; and he will be a Visiting Scholar at the Center for the Study of Law and Society at the University of California, Berkeley from January to May, 2003. He has published widely in a variety of criminology and sociology journals, contributed chapters to several books, and is the author or co-author of three books, including Canadian Crime Control Policy: Selected Readings. His current research includes a study of gambling and crime, an evaluation of a crime prevention program for high risk youth, and the study of public attitudes toward crime and criminal justice policy. 4 Youth Crime and Justice in Alberta: RHETORIC AND REALITY Executive Summary his paper reviews some of the recent sions of more fundamental and conflicting ideologi- political rhetoric and public opinion on the cal assumptions regarding views of human nature, T controversial subject of youth crime and the degree of individual responsibility for behaviour, how to deal with it, including the Young Offender’s and the fundamental values of society. The debates Act of 1984 and the new Youth Criminal Justice Act. surrounding the new Youth Criminal Justice Act The paper also examines how accurately this political continue to reflect these ideological conflicts. rhetoric and public opinion matches the available evidence regarding trends in youth crime and the Compared to public perceptions and fears, and workings of the youth justice system. It also discusses much political rhetoric, the official crime data show some of the characteristics of young offenders and that in the 1990s the number of youth charged by the the effects of the youth justice system. Finally, the police dropped 35%, although this was followed by a paper provides some information concerning how we slight 1% increase in each of 2000 and 2001. Only a can better respond to the problem of youth crime. minority of youth are charged with violent crimes, much of which is relatively minor common assault As an example of how political rhetoric can cloud directed at other youth. There has also been a rather than clarify the real issues regarding youth downward trend in youth court caseloads, in part due crime and justice, the comments of various govern- to the increased use of police diversion and alterna- ment leaders and politicians responding to the 1994 tive measures for youth committing less serious murder of Barb Danelesko in her Edmonton home are crimes. Although the public seems to think that reviewed, along with the recommendations of various youth courts have become more lenient, the distribu- Alberta Government task forces and committees. tion of the most serious dispositions imposed by With that as background, various public opinion polls youth courts upon conviction has remained quite on youth crime and justice topics are described and stable since 1992/93; and Canada places a higher analyzed, demonstrating that the public knows little proportion of young offenders in custody than does about crime and criminal justice generally, greatly the United States, although the incarceration rate has overestimating the amount of violent crime and declined in most jurisdictions in Canada in the last underestimating the severity of sentences actually five years. Generally, then, there is a substantial gap given and the time actually served in custody. But between much of the rhetoric and the reality of there is also evidence that the public’s opinions on youth crime and justice. the youth justice system are more complex than appears on the surface and are not as punitive as Longitudinal research has demonstrated that a some of the simple survey questions suggest. small percentage of offenders commit a dispropor- tionate amount of serious and repetitive criminal acts Recent controversy over youth crime and justice is and has identified the risk factors associated with nothing new. For example, the Young Offender’s Act these offenders. These factors can be used to identify of 1984 took seventeen years to be enacted and categories of children who have an elevated risk of continued to be the target of frequent criticism in becoming chronic and serious offenders as they age succeeding years, much of which reflected fundamen- and to suggest the types of early and targeted tal differences in the explanations of crime that prevention efforts of value in reducing such risk. Such people attribute to young offenders. These differing efforts at the early prevention of crime are to be views about the causes of crime and the appropriate preferred to attempts to punish and/or rehabilitate ways of responding to it represent specific expres- older, identified offenders since research has shown Youth Crime and Justice in Alberta: RHETORIC AND REALITY 5 that putting people into the youth justice system often does not stop future offending and can result in unintended negative consequences for many youth. Substantial cost savings may also be realized if sufficient numbers of chronic, serious offenders can be prevented early on from taking this life course. Examples of such early, targeted social prevention programs include home visits to infants by trained nurses to reduce child abuse and other injuries; certain types of preschool programs; family therapy and parent training about delinquent and at-risk pre- adolescents; and social competency skills curriculums in schools. The paper describes several such model programs that have proven effective in reducing adolescent violent crime, aggression, delinquency, and/or substance abuse. Since not all crime can be prevented, the paper also describes several programs for responding to youth crime for which there is some evidence of effectiveness, such as Family Group Conferences and Youth Justice Committees. Youth crime and justice in Canada is certainly an important issue that requires serious attention, but it is hardly the crisis that some would have us believe. Much depends upon how the new Youth Criminal Justice Act is actually implemented. Even the best- validated programs will not succeed if not adequately funded and faithfully implemented by competent staff. Stable, long-term funding of well-established and validated model programs is required. So is a change in the focus of a number of politicians and the media from the exceptional crimes and punitive responses which exaggerate the threat to the public, distort public knowledge of and opinions about youth crime and justice, and limit the feasible options for public policy. A failure to alter the usual political rhetoric surrounding youth crime and justice ob- scures the reality in this area and will contribute to an on-going cycle of controversy that does little to advance efforts at effective crime prevention. 6 Youth Crime and Justice in Alberta: RHETORIC AND REALITY Introduction front-page, headline article in the June The article about Sonny Head’s parole and the 11th, 2002 Edmonton Journal reported reprise of the story of the Danelesko murder Athat Sonny Head, convicted of second- recalls the debates that have erupted at various degree murder and sentenced to life imprison- times in Alberta on the controversial subject of ment without parole eligibility for at least seven youth crime and how to deal with it. The purpose years in the 1994 killing of Barb Danelesko in of the current paper is to review some of the Edmonton’s Mill Woods neighborhood, had been recent political rhetoric and public opinion on this granted day parole. Barb Danelesko was fatally topic, along with the controversy surrounding the stabbed on April 16th, 1994 when three youths Young Offender’s Act (YOA) of 1984 and the broke into her home in a suburb of Edmonton, response of the federal government in the new thinking no one was at home. Hearing a noise in Youth Criminal Justice Act (YCJA). The paper will the early hours of the morning, Ms. Danelesko also examine how accurately this political awoke and went to check on her children. She rhetoric and public opinion matches the available surprised the intruders, whereupon she was evidence regarding trends in youth crime and the fatally stabbed. Her husband awoke to his wife’s workings of the youth justice system. It will cries, watched her stumble into the bedroom discuss some of the characteristics of young holding her chest, and then chased the intruders offenders and the effects of the youth justice out of the home before unsuccessfully attempting system.