Penal Paradigms of Juvenile Justice in Canada and Hong Kong
- Michael AdorjanMichael AdorjanDepartment of Sociology, University of Calgary
- and Wing Hong ChuiWing Hong ChuiDepartment of Social and Behavioral Sciences, City University of Hong Kong
A penal paradigm is an overarching criminal justice framework, salient within a certain era, that guides how we perceive of crime and criminality (including those who commit crimes) and how appropriate responses align with the internal logic of the wider philosophical framework. Paradigms of response to youth crime and delinquency in Canada and Hong Kong emerged in response to shifting sociopolitical exigencies salient in both contexts, respectively. Three epochs are of particular relevance in Canada: the penal welfare period under the Juvenile Delinquents Act, the due process and crime control framework salient during the Young Offenders Act, and the proportionate justice model central to the current Youth Criminal Justice Act. While both Canada and Hong Kong have drawn on Britain in crafting their youth justice systems, Hong Kong’s colonial period is of relevance, particularly the 1960s and 1970s, during which time unique cultural factors influenced Hong Kong’s framework of welfare protectionism and disciplinary welfare in response to youth delinquency and crime. Contemporary trends in juvenile justice and recent political unrest and potential implications for youth in Hong Kong refer back to this historical period, and comparing Canadian and Hong Kong penal paradigms of juvenile justice promotes a criminological imagination with the relation of state and citizen as central to understanding the significance of responses to youth deviance and criminality.