Time To “Modernize” Canada’s “Young Offenders Act”

 

“Believe it or not, but I was once, maybe twice, a gangster.”

Those who know me, or those who have read the five volumes of my autobiography, know well that for the majority of my life I was a gangster.

That said, you would be correct in thinking that I am an authority on the topic of crime and, unfortunately, punishment.

Society has changed.

Modern society and the onset of social media’s ability to influence our youth in both ‘good’ and ‘bad’  ways has also matured the common crook.

Maturity is a learned process. Knowledge is absorbed through life and the experiences that coincide with it.

Logically we must now consider at what age do our youth transverse from childhood to young adults.

By looking at the average age of serious crimes young offenders are now committing, we can easily see that they are not stealing liquor from their parents or swiping candy from the neighborhood corner stores.

They are stealing high end automobiles, committing violent home invasions and swarming jewelry stores armed with weapons and sledgehammers.

Now the reason I mentioned social media is due to the fact that the more the news or the more these youth post their committing such crimes, the more they are taking place.

Our current Young Offenders Act often, actually in most cases, prevents the police and the Courts from publishing their names.

The Y.O.A. further limits the length of sentences and types of sentences that these young hoodlums can receive.

The Act literally ‘handcuffs’ the hands of Justice.

Since the beginning of gangsterdom there has been the saying, “If you can’t do the time then don’t do the crime.”

Something that I always weighed with my conscience before I picked up my sawed-off shotgun or filled my backpack with CIL dynamite.

But, that was under the “Juvenile Delinquent Act”, long before the implementation of the current Young Offenders Act.

Yet,even back then the punishment never fit the seriousness of my crimes. I had my wrists slapped so many times that wearing handcuffs did not hurt.

Today’s justice system has two extremely and important flaws.

The first being the age bracket of the Young Offenders Act.

I truly believe that the cut off age where serious offenses are committed should be sixteen years of age.

The average sixteen year old is much more mature than the sixteen year old of my generation.

I would compare today’s sixteen year old to the twenyy-one year old of my time.

They and their adult gang leaders are well aware that at the worst they will be incarcerated until they reach eighteen years old.

Then they will be released into the public realms with the criminal knowledge that they have learned while in ‘Kiddie Jail”.

This is the selling point for their older criminal peers.

“Do this. If you get caught, shut up, ask for a lawyer and if you remain loyal we will take care of you inside and your canteen will always have funds.”

This is the mantra that they are brainwashed with by their peers.

Unfortunately, most times, almost always once sentenced this promise is long forgotten.

The youth learns this the hard way.

However, this also implants a strong anger and distrust within them.

They are released as an eighteen year old full of the anger and distrust.

Regardless, they still got off lightly and that makes them twice as likely to reoffend and three times as likely to use violence in their next offense.

By lowering the age threshold it may make a few of these youth stop and think before committing a serious crime.

They may well refuse if they believe that they will receive a long penitentiary sentence.

I am also a strong believer that this should apply if a weapon of any sort is used in the commission of the crime.

Which brings us to the second serious system flaw.

BAIL.

During my time bail was not easily obtained. Rarely administered.

Today it is almost guaranteed to be implemented.

It usually is granted.

Bail is overused and abused. Much the blame is due to overcrowded jails. Judges are pressured into using the bail system to alleviate the pressure on the incarceration system.

One of the first stipulations of a bail is “To keep the peace and be of good behavior.”

In my day you would never hear of someone who was out on two bails. By being arrested for another offense you automatically forfeited the original bail.

Which leads me to wonder how in the name of all sensibility is it possible for an offender to be out on multiple bails. Not one or two. It is common to hear of these youth out on five, ten or even more bails.

Common sense tells us that this means that the offender has committed five, ten or even more separate crimes.

So, I will close this post by stating my firm belief in the following.

First.

Rewrite the Young Offenders Act and lower the age threshold to sixteen years of age. Allowing the Judicial system to administer a sentence that is appropriate for the offense.

Second.

Reconstruction of the Bail System.

Simplify it to state that an accused offender can only be under one bail. Not two. Not three. Definitely not multiple bails.

The excuse of overcrowded institutions should not allow the safety of the public to be compromised!

Necessity dictates that we obviously need to build more and larger  institutions of incarceration and employ more institutional staff.

Society has changed and so must the way we deal with criminals.

Simple as that!

Ex Federal Inmate Number 6315