2: Justice System Flashcards
What does ‘fair and equitable’ mean?
Governed by rules that apply to everyone, taking into account individual needs and circumstances
Define justice.
Applying laws
What is the justice system?
The institutions and procedures for applying laws in a society
What negative effects does crime have?
Damages property, harms people and communities, and has a negative effect on quality of life
What is a critical question regarding the justice system?
How can the justice system change the negative effects of crime?
What is the focus of Chapter 2?
The extent to which Canada’s justice system is fair and equitable for youth
What principle of justice is fundamental in Canada?
A person is assumed innocent until proven guilty
Why is youth justice emphasized in the chapter?
It directly affects Grade 9 students
What challenges and opportunities are explored in the chapter?
Challenges and opportunities citizens face to shape what justice means
What should readers consider about the justice system?
What parts of the justice system are fair or should be changed
How does Canada’s justice system treat young offenders?
It attempts to treat them fairly and equitably
What role do Canadian citizens and organizations play in the justice system?
They influence the fairness and equity of Canada’s justice system for youth
Fill in the blank: The justice system is an important aspect of ______ in Canada.
[governance]
True or False: The chapter only discusses the justice system concerning adults.
False
What is community service?
Help in the community performed as part of a sentence, such as assisting with a community clean-up or food bank.
What is a criminal record?
A permanent record of breaking the law, which is public information. It can bar you from some jobs, volunteer positions, and travel to other countries.
What does sentence refer to in the context of law?
A consequence for a crime, such as imprisonment, determined by a court of law.
What is the Youth Criminal Justice Act (YCJA)?
A law passed by parliament in 2003 that defines the consequences young people face for criminal offences.
What age group does the Youth Criminal Justice Act (YCJA) deal with?
12- to 17-year-olds in trouble with the law.
What alternatives does the YCJA allow for young offenders?
Consequences such as counselling and community service.
What does the YCJA prohibit for youths aged 12 to 14?
Prohibits adult sentences.
At what age can young people receive adult sentences under the YCJA?
14 years of age and older who have committed serious crimes.
How does the YCJA protect young offenders?
Protects their privacy by prohibiting the publication of their names unless they receive an adult sentence.
What is one significant outcome for most young offenders under the YCJA?
Allows most young offenders to avoid a criminal record.
What does the Criminal Code of Canada define?
The consequences adults face for criminal offences.
What age group does the Criminal Code of Canada deal with?
Adults in trouble with the law.
What is the usual consequence for adults breaking the law according to the Criminal Code of Canada?
Going to court.
What can adult sentences include under the Criminal Code of Canada?
Long periods of imprisonment for some crimes.
What does the Criminal Code of Canada allow regarding offenders’ names?
Allows the publication of offenders’ names.
What is a consequence of the Criminal Code of Canada for most offenders?
Creates a criminal record.
True or False: The Youth Criminal Justice Act treats young offenders the same as adult offenders.
False.
Fill in the blank: The YCJA was passed by parliament in _______.
2003.
What role do agencies and officials play when a young person breaks the law?
They help decide what happens to the young person.
Under the YCJA, do young people always face the same consequences for the same crime?
No, they may or may not face the same consequences.
What is a consideration when evaluating the equity of the justice system for youth?
The extent to which the approach to justice is equitable.
What does the flow chart indicate about Canadian concerns?
It reflects concerns in providing fair and equitable justice for youth.
What are some circumstances that may affect the consequences a young person faces when breaking the law?
- Has a previous criminal record
- Refuses to provide the name of a parent or guardian
What actions can a police officer take when dealing with a young person who committed a crime?
- Charges the young person
- Doesn’t charge the young person
- Gives a warning
What can a warning from a police officer include for a young person?
A letter to the young person’s parents.
What was the main issue with how young offenders were treated before the YCJA?
Young offenders did not face consequences for a long time due to busy courts and many cases
This indicates a systemic delay in justice for young offenders.
What was a consequence of the courts being busy with many cases?
Consequences did not always connect back to the people and communities affected by the offence
This highlights a disconnect between the legal system and community impact.
Who is a prosecutor?
A lawyer who uses evidence to show that someone has broken the law.
What happens if a young person does not complete a program referred by a prosecutor?
The young person may face further legal consequences.
Who designs the measures that young offenders must complete?
A Youth Justice Committee or a sentencing circle.
What types of professionals may be involved in the sentencing of a young person?
Social workers and other professionals.
What are some measures that can be included in a young person’s sentence?
Measures can include:
* Community service
* Addiction counselling
* Mental health counselling
* Helping victims
* Other steps.
What are potential outcomes if a young person completes their program?
Outcomes may include:
* Community services
* Counselling
* Prison
* A criminal record
* Restitution, such as paying for damaged property.
Fill in the blank: A young person who successfully completes a program may avoid _______.
[prison]
True or False: The YCJA was created to ensure young offenders face immediate consequences.
True
What is the purpose of restitution in the context of a young offender’s sentence?
To pay for damaged property.
What does the YCJA stand for?
Youth Criminal Justice Act
The YCJA governs how young offenders are treated in Canada.
What is a factor that determines the consequences young offenders face?
The seriousness of the offence
A violent offence is considered more serious than a non-violent offence.
How does the history of the young person influence their consequences?
A young person with prior trouble may face more serious consequences than a first-time offender.
What role does the attitude of the young person play in determining consequences?
A young person who takes responsibility for their actions will face less serious consequences.
Fill in the blank: The circumstances of the young person may relate to _______ or to a situation they face at home or in their community.
[substance abuse]
What support might a young person need instead of consequences from the justice system?
Support from a social worker.
True or False: Police officers in Canada work to educate young people about the law.
True.
How do police officers often assist young people aside from law enforcement?
As coaches and mentors.
What is a critical question regarding the application of law to young offenders?
To what extent should the law apply equally to everyone, no matter what their circumstances?
What might be a concern regarding police officers acting as mentors in relation to the justice system?
The fairness of the justice system.
Why does the YCJA establish a difference between young offenders and adult offenders?
Young people do not understand their actions the same way as adults. They are still forming their views and have a better chance of changing their lives than adult criminals.
The YCJA recognizes developmental differences between youth and adults in the context of criminal behavior.
What should every young person know about the YCJA?
It’s serious. If you harm someone or destroy something, you will face consequences set out by the Youth Criminal Justice Act.
There may be discussions about whether the consequences are too soft or too harsh.
Should young people contribute their ideas to youth justice?
Yes, it is key for young people to contribute their ideas to youth justice.
Young people’s perspectives were sought during the creation of the YCJA.
What benefits do young volunteers gain from participating in youth justice?
Volunteers benefit by engaging with those who have broken rules, making breaking rules a shared responsibility.
This involvement can enhance community ties and foster responsibility among youth.
Who was Anne McLellan and what role did she play regarding the YCJA?
Anne McLellan was Canada’s Minister of Justice in 2003, helped write the YCJA, and defended it during debates in the House of Commons.
Her insights are valuable for understanding the intent and implications of the YCJA.
True or False: Young people have the same understanding of their actions as adults according to the YCJA.
False.
The YCJA emphasizes the developmental differences between youth and adults.
Fill in the blank: The Youth Criminal Justice Act sets out _______ for harming others or destroying property.
[consequences].
This highlights the importance of accountability in youth behavior.
What types of young people were involved in creating the YCJA?
Young people from different backgrounds, some who had broken the law and some who were school leaders.
Their diverse experiences contributed to a well-rounded understanding of youth justice.
How might young people’s involvement improve the justice system?
By providing perspectives on responsibilities and societal treatment of youth.
This involvement can lead to more effective and relatable justice processes.
What is one of the objectives of the YCJA?
rehabilitate: to instill positive behaviours and attitudes
This objective focuses on helping young offenders develop better behaviours and attitudes.
What does the YCJA aim to achieve regarding young persons who commit offences?
reintegrate: to make part of again
This objective emphasizes the importance of reintegrating young offenders into society.
What is the first principle of the Youth Criminal Justice Act?
The youth criminal justice system is intended to prevent crime by addressing the circumstances underlying a young person’s offending behaviour
This principle highlights a preventative approach to youth crime.
What does the YCJA state regarding meaningful consequences for young offenders?
Ensure that a young person is subject to meaningful consequences for his or her offence
This is to promote the long-term protection of society.
What must the criminal justice system for young persons recognize?
Their reduced level of maturity
This reflects the understanding that young people are not as mature as adults.
Who is responsible for upholding the YCJA across Canada?
Police forces, whether local, provincial, or federal
Police officers must stay informed about the circumstances of young people.
To what extent should individual circumstances affect justice?
Think critically about this question
This prompts discussion on the influence of personal circumstances in the justice system.
What might a young person need if they are struggling with substance abuse?
Counselling for alcohol or drug abuse
This is an example of addressing underlying issues for young offenders.
How can young offenders find positive ways to participate in their community?
By joining a sports team or a community-action group
Engaging in community activities helps with reintegration.
What should a young person do if they damage someone’s property?
Explain themselves to the person they wronged and repair or replace the property
This emphasizes accountability and making amends.
True or False: Young offenders should face the same consequences as adults.
False
Young offenders are not as responsible for their actions as adults.
How has the YCJA affected the number of youths charged with crimes?
Fewer young people are charged with breaking the law due to alternative consequences from the police.
The YCJA allows police to provide options other than formal charges.
What is the trend in the rate of youths charged with crimes in Canada based on the provided graph?
The trend shows a decrease in the number of youths charged over the years.
Specific data points can be analyzed from the graph.
What does the YCJA stand for?
Youth Criminal Justice Act
The YCJA aims to address youth crime in a fair manner.
What is a significant finding about young offenders and crime recurrence?
Most young offenders get into trouble only once; younger offenders are more likely to re-offend.
This finding is based on a Statistics Canada study from 2005.
What is one objective of the YCJA?
To provide fair and equitable treatment for young offenders.
The YCJA aims to balance accountability with rehabilitation.
Fill in the blank: Most young offenders get into trouble with the law only _______.
once
This statistic highlights the nature of youth offending.
Who does each objective of the YCJA affect most?
It affects young offenders, victims, and everyone in society.
A chart can be used to reflect on who is most affected and why.
Rate the fairness and equity of the process for dealing with young offenders on a scale.
Subjective rating based on individual opinion.
Evidence and conclusions should support the rating given.
What is a suggested activity to reflect on the YCJA’s objectives?
Using a chart to organize and reflect on who each objective affects most.
Consider adding changes or additions to the chart based on personal insights.
What age did Vic Toews suggest lowering the charge age under the Youth Criminal Justice Act to?
10 years old
The suggestion was part of the Conservative Party’s policy to ‘crack down on crime.’
Define colonialism.
The process of establishing colonies, in which a region is claimed and governed by a country from another part of the world.
What major change is the Conservative government proposing for the Youth Criminal Justice Act?
To treat young offenders more harshly.
This includes holding young lawbreakers accountable to their victims and the community.
What might happen to youths aged 14 and over who are repeat or violent offenders under the proposed changes?
Receive automatic adult sentences.
What would the proposed changes allow for youths aged 16 and 17 charged with serious violent crimes?
Publication of their names and a permanent criminal record.
What does the article ‘Justice System Discriminates Against Aboriginal People’ report about Aboriginal young offenders?
They are jailed at earlier ages and face discrimination in the justice system.
Who released the report on discrimination against Aboriginal young offenders?
Canada’s Correctional Investigator.
What do some First Nations think about Canada’s justice system?
They view it as unjust in principle due to its colonial origins.
How should respect for identity shape the youth justice system?
Responses will vary based on individual perspectives.
True or False: The Youth Criminal Justice Act currently allows judges to decide on adult sentences for youths on a case-by-case basis.
True.
Fill in the blank: The Conservative government’s plans aim to hold young lawbreakers accountable to their _______.
victims and the community.
What challenge does the critical thinking section pose about young offenders?
Are the consequences for young offenders appropriate?
What is the main idea of the articles discussed in the text?
Canadians have different opinions about how the justice system should deal with young offenders.
What is one of the criticisms of the justice system towards Aboriginal people mentioned in the report?
It fails to respond to Aboriginal people in a culturally appropriate manner.
What is a jury?
A jury is a group of twelve people who are responsible for reaching a unanimous verdict in a trial for certain serious offences.
At what age can a person choose to be tried by a judge and jury under the YCJA?
14 years of age or older.
What is required for a jury’s decision on a verdict?
The decision must be unanimous.
Who is eligible for jury duty in Canada?
Anyone 18 years of age or older who is a Canadian citizen, with some exceptions.
What are some exceptions that disqualify a person from jury duty?
People convicted of certain crimes.
Is serving on a jury considered a duty of Canadian citizens?
Yes, it is considered a duty.
What must you do if summoned for jury duty?
You must appear at the courthouse on time and make necessary arrangements for transportation, time off work or classes, and rebooking appointments.
Do employers have to pay you for time off during jury duty?
No, employers have to give you time off, but do not have to pay you.
Under what conditions can someone be excused from jury duty?
If they can demonstrate that it would cause them undue hardship.
What does the term ‘defence’ refer to in a courtroom?
The evidence that supports the innocence of a person accused of a crime.
What is included in the prosecution?
The evidence that supports the guilt of an accused person.
What does it mean to sequester a jury?
To remove them from contact to ensure they consider only the evidence presented in the courtroom.
What do jurors swear an oath to do?
To use only the evidence and the law to reach a verdict.
True or False: A jury’s verdict can be reached without a unanimous decision.
False.
Fill in the blank: The defence can include _______.
[witnesses, physical evidence such as DNA samples and objects]
What critical thinking challenge is posed regarding the impact of jurors on the youth justice system?
What does the jurors’ oath indicate about fairness and equity?
What factors should be considered when evaluating the fairness and equity of the rules for jury duty?
[individual circumstances, eligibility requirements, potential hardships]
What does the saying ‘ignorance of the law is no excuse’ mean?
Citizens have a duty to know the law; ignorance does not prevent legal charges.
How many people volunteer with the John Howard Society across Canada?
More than 2500 people.
What is the role of justice advocacy groups?
They work to solve underlying reasons for crime and provide public education about laws.
What are the two major citizen-led organizations involved in the justice system in Canada?
- John Howard Society
- Elizabeth Fry Society
What is one way advocacy groups help individuals who have broken the law?
They assist in finding jobs and places to live.
What does the Elizabeth Fry Society focus on?
Justice issues for women and girls.
What is the John Howard Society’s approach to the justice system?
They advocate for evidence-based solutions rather than harsher laws.
What fundamental issues does the John Howard Society identify as missing for many individuals involved in crime?
- Adequate housing
- Jobs
- Literacy
- Food
For every dollar spent on crime prevention programs, how much does society save on the justice system?
$7 to $20.
True or False: The John Howard Society believes that prevention is not politically popular.
True.
Fill in the blank: The John Howard Society acts as a _______ for the justice system.
[conscience]
What do justice advocacy groups do for victims and offenders?
They may arrange meetings to help everyone move forward.
What is a major criticism of the federal government’s approach to crime prevention?
It has not addressed fundamental needs like housing and jobs.
What is the main goal of the John Howard Society?
To make communities safer through evidence-based initiatives.
What is the philosophy of the Elizabeth Fry Society regarding the justice system?
The justice system needs to look at each case individually and treat every person in a non-judgmental way.
What does the Elizabeth Fry Society believe every person deserves?
A safe environment to heal and grow.
What is a key consideration for youth who have made bad choices and ended up in custody?
They will re-enter society and need help to become better citizens.
What questions should be asked to help a person learn and change after custody?
Do they need to go back to school? Do they need help in another area? Can we help them get a better job?
What is the criticism of putting people in jail according to the Elizabeth Fry Society?
It does not solve anything or reduce crime; it only allows them to work on their own anger.
Who was Jacqueline Biollo at the time of the interview in 2007?
Executive director of the Elizabeth Fry Society in Edmonton.
What is the role of advocacy groups like the Elizabeth Fry Society?
To prevent crime and reintegrate offenders into society.
How is the work of advocacy groups related to citizenship?
They help build a society where all Canadians belong.
True or False: The youth justice system should be harder on young offenders.
False
Fill in the blank: Jacqueline Biollo was the _______ of the Elizabeth Fry Society in Edmonton.
[executive director]
What should society do to support youth after they leave custody?
Help them become better citizens.
What is the role of Elders in the youth justice system?
Elders provide experience and knowledge, acting in the best interests of their communities
Elders are respected members who contribute to the fairness and equity of youth justice.
What do Youth Justice Committees do?
They provide consequences for young offenders and involve community volunteers
These committees reflect the idea of community involvement in justice.
What is a sentencing circle?
A traditional practice from some Aboriginal peoples where the community participates in justice
Sentencing circles focus on the harm caused by breaking the law and community solutions.
What ceremony begins the meeting of a Youth Justice Committee?
A smudging ceremony
This ceremony symbolizes truth, peace, and understanding.
What elements are important for guiding a young person in the justice system?
Traditional knowledge, language, and culture
These elements help provide guidance and direction.
What do the four great directions refer to in a person’s development?
Physical, spiritual, emotional, and mental aspects
Balance among these directions is essential for personal development.
What is the significance of culture in the context of youth justice?
Culture is the root of identity and helps individuals remain distinct
Practicing traditions, values, and language is crucial for maintaining cultural identity.
Fill in the blank: The best way to remain distinct in Canada is to practice our _______.
[traditions, values, and language]
True or False: Youth Justice Committees can be formed in any community.
True
What is the key to the approach of Elders in youth justice?
Culture and language are essential for belonging and identity
Elders emphasize the importance of these elements in guiding young people.
What do Elders strive for when working with young offenders?
Compassion, truth, honesty, and a sense of belonging
These values are central to the Elders’ approach in the justice system.
What does the concept of balance refer to in the context of personal development?
The need to balance physical, spiritual, emotional, and mental aspects
Negative influences can disrupt this balance.
