Running head: ASHLEY SMITH CASE STUDY 1

Ashley Smith Case Study

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ASHLEY SMITH CASE STUDY 2

Part 1

Two theoretical models of youth justice can be used to best elaborate the manner under

which the New Brunswick's youth justice system handled the Ashley Smith case. These two

theoretical models of youth justice are the welfare and justice models. The system extensively

utilized these theoretical models of youth justice to put Ashley Smith under control or help her

overcome the behavioral issues she was having. The New Brunswick's youth justice system

thought that implementing these two theatrical models would help Ashley handle her different

diagnoses. However, even though the system tried hard and showed goodwill towards Ashley

Smith, the theoretical models they had implemented proved ineffective. Therefore, they were not

of great help to Ashley. Once Ashley Smith reported to the system, the welfare model was the

first model to be implemented. This was aimed at correcting her behavior (Miller, 2014). The

welfare model is known to adopt a positivistic approach on the offenders, which is created under

the assumption that the wrongdoing or the behavioral issues of the juvenile result from the social

and environmental factors over which the juvenile does not have control. This insinuates that the

social surrounding or the environment of the juvenile is responsible for the development of the

behavioral issues that the juvenile is experiencing. Therefore, as a result, the juvenile cannot be

held responsible for the behavioral issues they are experiencing and that have landed them in the

New Brunswick's youth justice system. This is the approach that they first put Ashley in once she

reported to the justice system. The aim of taking Ashley to the New Brunswick's youth justice

system was to help her change her behavior and become a useful community member without

being disruptive. It was necessary to implement this theoretical model of youth justice to Ashley

due to the environment she was growing up in (Winterdyk, 2014). Even though, as a child, she
ASHLEY SMITH CASE STUDY 3

did not have such behavioral patterns, she developed them from the age of 12 years. This

insinuates that the environment had a lot to do with what she was going through.

Ashley was diagnosed with a learning disorder, ADHD and borderline personality

disorder and narcissistic personality traits. Since New Brunswick's youth justice system aimed to

help Ashley Smith get treatment for these diagnoses, they kept her at New Brunswick's youth

justice center. Even though there were a number of youth justice alternatives for Ashley, they

were not effective since they lacked an effective treatment plan for her diagnosis and lack of

resources to handle her conditions, and this led to continued defiance (Winterdyk, 2014).

Therefore, she would be taken back to New Brunswick's youth justice center for better

management. In order to help Ashley with her mental illness, the facility sent her to the Pierre

Caissie Center for a 34-day assessment even though she managed to stay at the facility for a

record 27 days instead of the recommended 34 days due to excessive disruption. All these were

being done in the best interests of Ashley rather than the deeds that she had committed. The New

Brunswick's youth justice center acted as a surrogate parent for Ashley. The system was not

punishing her by moving her to different facilities for assessments and behavioral corrections;

they acted in her best interests (Boxer & Goldstein, 2012). New Brunswick's youth justice

system exposed Ashley to different scientific experts in the form of psychologists and

psychiatrists to help her overcome her behaviors and help in the treatment of the diagnoses. This

theoretical model of youth justice was found to be impactful on Ashley even though it was only

for a short time, and then she would go back to her disruptive behaviors. This model was

necessary to be used in Ashley's case as it would help her overcome the behavioral challenges

that she was experiencing. This is the reason why it was first implemented before the justice

model.
ASHLEY SMITH CASE STUDY 4

The other theoretical model of youth justice that best describes how New Brunswick's

youth justice center handled Ashley's issue is the justice model. This theoretical model is

different from the welfare model in that it is not based on the positivism of the welfare model. It

is based on the classicist approach that is built on the assumption that juveniles have been given

free will to a certain extent, and therefore there are certain expectations expected of them. This

model of youth justice insinuates that since the juvenile have been provided with free will, they

should be able to act accordingly and as per the law of the land. The law also governs them; thus,

they are responsible for their actions. The environmental or social factors should not be taken to

be the reason why they have acted in certain ways (Ring, 2014). The juveniles, like the adults,

are governed by the constitution, and thus, they are responsible citizens even though they are not

adults. This theoretical model of youth justice elaborates why the juvenile justice system exists.

If the juveniles commit a crime, they will be held accountable as per the law and treated like

criminals. This theoretical model is more focused on the deeds of the juvenile instead of the

welfare needs of the juveniles. Like the adult criminal justice system, the youth justice model

aims to determine if the suspect is guilty and if they are found guilty, they are convicted as per

Canadian law (Greenwood & Turner, 2011). The juveniles are punished as per the seriousness of

their offence. Ashley was put through this model when the welfare model failed.

The New Brunswick's youth justice center sent her to the Pierre Caissie Center for

assessments, but she continued with her behavior, and as a result, she was sent back to the New

Brunswick's youth justice center. On getting back to the facility, Ashley was remanded as a

punishment for her actions. She had caused disturbances and assaulted staff, and therefore, this,

as per the model, was translated as a decision she had made. Therefore, she had to face the

consequences like any other Canadian citizen who had broken the law. The remand period was
ASHLEY SMITH CASE STUDY 5

one month. Before the 30 days of remand were over, Ashley was responsible for more than thirty

infractions that ranged from her refusing the orders of facility staff, aggressiveness and

threatening to self-harm. As a punishment for her deeds, Ashley was put in isolation and, in

some instances being, put in restraints. According to the justice model, she did all these actions

out of her will and had the free will of choosing not to do them. Therefore, it was important for

her to be put in isolation. The New Brunswick's youth justice center expected her to behave in a

certain way due to her having free will like any other citizen (Ring, 2014). The failure to meet

the expectations was met with punishment, and the seriousness of her actions determined the

punishment. In this particular case, her actions were very serious, and thus, she was put in

isolation. Isolation is only for those offenders who have serious offences committed within the

prison and who show signs of not wanting to change.

If Ashley had not resumed her behavior in the year that she turned 18 years, she could

have remained in New Brunswick's youth justice center. However, the punishment for her not

being able to restrain herself from committing offences and behaving in a destructive manner,

was being sent to the adult system where she was to be handled as an adult offender (Winterdyk,

2014). She had been warned on why she was not supposed to be aggressive and to commit more

offence, and the expectations the New Brunswick's youth justice center had on her were laid bare

to her. Therefore, her being sent to the adult system resulted from her deeds and not that she had

turned 18 years. When she committed the offences, even after being warned, she was transferred

to the adult system, which was more equipped to handle individuals like her and had more

facilities. All these actions from New Brunswick's youth justice center align with the justice

model.
ASHLEY SMITH CASE STUDY 6

Part 2

The youth justice model that could have been more positively impactful to Ashley Smith

would be the restorative intervention model. This justice model aims to divert juvenile offenders

from the formal court system and provide them with the necessary facilities to change their

behaviors and to gain treatment for their diagnoses. This is a context-sensitive approach that

recognizes the importance of striking a balance between the rights of young offenders and their

duties to the greater society (Greenwood & Turner, 2011). After conducting an assessment on

federal guidelines for youth justice, the inquest considers that there should be an

equilibrium between the treatment and rehabilitation as well as reparation to the individuals and

the society. This justice model suggests that juvenile offenders should not be processed like adult

criminals since this process aligns with the labelling theory. The juveniles will be labelled as

criminals for the rest of their lives. The main reason why this youth justice model would have

been more positively impactful to Ashley is that it would have eliminated the aspect of

punishment and replaced it with a restorative intervention (Hoge, 2008). This means that all the

diagnoses information made by the facility on Ashley could have been used to come up with an

effective program that would have helped her overcome the diagnoses and the behavioral issues

she was manifesting. This would have reduced her aggressive behavior, and with time, the

behavioral challenges would have reduced significantly. The model also calls for the provision of

adequate facilities to help the youth offenders overcome their diagnoses. In this case, Ashley

could have been provided with all the necessary facilities that would have helped her overcome

her behavioral issues and treat the diagnoses that had been made on her. She would be

rehabilitated and would not be a threat to the community anymore.

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References

Boxer, P., & Goldstein, S. E. (2012). Treating juvenile offenders: Best practices and emerging

critical issues. In Handbook of juvenile forensic psychology and psychiatry (pp. 323-340).

Springer, Boston, MA.

Hoge, R. D. (2008). Introduction to the Canadian Juvenile Justice System. RESOURCE

MATERIAL SERIES No. 78, 57.

Greenwood, P. W., & Turner, S. (2011). Juvenile crime and juvenile justice. Crime and public

policy, 88-129.

Miller, L. (2014). Juvenile crime and juvenile justice: Patterns, models, and implications for

clinical and legal practice. Aggression and violent behavior, 19(2), 122-137.

Winterdyk, J. A. (Ed.). (2014). Juvenile justice: International perspectives, models and trends.

CRC Press.

Ring, J. (2014). Incorrigible While Incarcerated: Critically Analyzing Mainstream Canadian

News Depictions of Ashley Smith. Canadian Graduate Journal of Sociology and

Criminology, 3(1), 34-53.