Thesis (M.A.)--Central Connecticut State University, 2003. / Thesis advisor: Marc Goldstein. " ... in partial fulfillment of the requirements for the degree of Master of Arts in Psychology." Includes bibliographical references (leaves 31-34). Also available via the World Wide Web.

Thesis (M. Soc. Sc.)--University of Hong Kong, 1988.

The problem of youth deviance is a concern to many people. Canadian youth justice legislation has changed dramatically in the past century; from a child-welfare approach under the Juvenile Delinquents Act (1908), to a more legalistic ‘due process’ paradigm under the Young Offenders Act (1984), to the current Youth Criminal Justice Act (YCJA, 2003) which promotes the rehabilitation and responsibility of young offenders. The following study examines cases to determine the manner in which a specific section of the YCJA, s. 39 (prohibitions on the use of custodial sentences) is being used in judges’ decisions, and if so, if it is being used consistently and appropriately. Quantitative and qualitative analysis were used to examine related Canadian case law. The databases LexisNexis Quicklaw and WestlawECarswell, using the search terms “YOUTH CRIMINAL JUSTICE ACT,” “YCJA,” and “s. 39” were used to narrow down cases in which this section of the YCJA was mentioned. This search process yielded a total of 210 cases, seventy-seven of which were appeals. The appeals were analyzed qualitatively and the other cases were analyzed quantitatively. It was found that one problem in implementing s. 39 and using it consistently in sentencing appears to be judges’ uncertainty about the appropriate use of the legislation resulting from the lack of clarity within the legislation itself. Parts of the legislation were left open for interpretation, such as the definition of a violent offence, or what was to be considered an exceptional case. It is argued in this study that for any legislation to work, it must be clearly written to reduce as much subjectivity and level interpretation as possible. While judges are often criticized for their decision-making in sentencing, they are limited by the legislation that is in place. Therefore, if there are problems in the practice of the court system, the solution lies in revamping the written law first.

The problem of youth deviance is a concern to many people. Canadian youth justice legislation has changed dramatically in the past century; from a child-welfare approach under the Juvenile Delinquents Act (1908), to a more legalistic ‘due process’ paradigm under the Young Offenders Act (1984), to the current Youth Criminal Justice Act (YCJA, 2003) which promotes the rehabilitation and responsibility of young offenders. The following study examines cases to determine the manner in which a specific section of the YCJA, s. 39 (prohibitions on the use of custodial sentences) is being used in judges’ decisions, and if so, if it is being used consistently and appropriately. Quantitative and qualitative analysis were used to examine related Canadian case law. The databases LexisNexis Quicklaw and WestlawECarswell, using the search terms “YOUTH CRIMINAL JUSTICE ACT,” “YCJA,” and “s. 39” were used to narrow down cases in which this section of the YCJA was mentioned. This search process yielded a total of 210 cases, seventy-seven of which were appeals. The appeals were analyzed qualitatively and the other cases were analyzed quantitatively. It was found that one problem in implementing s. 39 and using it consistently in sentencing appears to be judges’ uncertainty about the appropriate use of the legislation resulting from the lack of clarity within the legislation itself. Parts of the legislation were left open for interpretation, such as the definition of a violent offence, or what was to be considered an exceptional case. It is argued in this study that for any legislation to work, it must be clearly written to reduce as much subjectivity and level interpretation as possible. While judges are often criticized for their decision-making in sentencing, they are limited by the legislation that is in place. Therefore, if there are problems in the practice of the court system, the solution lies in revamping the written law first.

Thesis (MEd)--University of South Australia, 1999

Thesis (Ph. D.)--Ohio State University, 1988. / Includes vita. Includes bibliographical references (leaves 138-159). Available online via OhioLINK's ETD Center.

Thesis (Ed.D.)--University of Tulsa, 1985. / Bibliography: leaves 58-63.

Thesis (M.Ed.) -- University of Adelaide, Dept. of Education, 1980. / Typescript (photocopy).

Thesis PlanB (M.S.)--University of Wisconsin--Stout, 2008. / Includes bibliographical references.

Thesis (M.Ed.)--York University, 2006. Graduate Programme in Education. / Typescript. Includes bibliographical references (leaves 91-99). Also available on the Internet. MODE OF ACCESS via web browser by entering the following URL: http://gateway.proquest.com/openurl?url_ver=Z39.88-2004&res_dat=xri:pqdiss&rft_val_fmt=info:ofi/fmt:kev:mtx:dissertation&rft_dat=xri:pqdiss:MR29551