WHATS INTERMEDIATE ABOUT INTERMEDIATE SANCTIONS - THE CASE OF YOUNG OFFENDER DISPOSITIONS IN CANADA

This analysis of youth court dispositions across Canadian provinces fo cuses on the combinations of punishments imposed, and in particular th e use of 'intermediate' sanctions. The study challenges simplistic con ceptualizations of punishment - that sanctions differ solely on a dime nsion of severity, and that sanctions are highly fluid and flexible en tities which can easily be made, equivalent at sentencing. Recent sent encing legislation in Canada suggests that judges should use intermedi ate sanctions for young offenders as much as possible. Youth court dat a reveal that custody for young offenders is frequently imposed, and i n particular; that the use of short custodial sentences has increased since the introduction of the Young Offenders Act. The present analysi s suggests that intermediate sanctions lack the denunciatory power tha t imprisonment possesses and that this will affect when and how they a re imposed. It is argued that this purpose of punishment is seen by yo uth court judges as being required for violent, sexual and serious pro perty offences. For a certain level of offending across these serious offences, denunciation is fulfilled by a short custodial term. In fulf illing the minimum denunciatory component of the sentence through shor t custody, judges are then able to impose intermediate sanctions. Thus there is not much that is intermediate about 'intermediate' sanctions on certain dimensions. The theoretical and policy implications of the findings of the use of intermediate sanctions for young offenders in Canada are explored.