6.2 Flashcards
Under what act would 14 year olds who committed a serious offence be transferred to adult court and given an adult sentence
Juvenile Delinquent Act
Shortcoming of the JDA
Upper limit age was different everywhere
Dealt with status offence and criminal offences (skipping school,porfanity, having sex)
girls treated more harshley for sexual immorality
Due process violates for the JDA
Paternalism: inconsistent sentence cuz court acts as parent
No access to lawyer
Trials were not public
When did the Young Offender Act come in
1981
1984
1997
1989
1984
The Yoa created a standardized limit of young offenders. What is it?
12-17
The YOA meant that courts no longer dealt with what?
status offences
What act shifted rehabilitative to punitive approach for youth?
Young Offender Act (1984)
When was the Charter of rights and freedoms enacted
1982
where can you find legal rights in the charter rights and freedoms
section 7-14
What was one thing that was continued from the JDA to the YOA
Publication ban on youth names
What was the solution for youth who committed serious crimes under the YOA (1984)? What was the issue with this?
Tried as an adult and their name could be publicized
Why was lack of effective reintegration upon release from custody an issue
never given the proper tools for success and had a hard time finding help
When was the YCJA Act created
2003
sentence under the YCJA must be the (hint:how long? how harsh)
least restrictive and proportionate to the offence
What act made sure that youth couldnt be questioned without a parent or caregiver present
YOA 1984
what is the thre tiered system of the YCJA
- minimal no intervention for minor offences
- intermediate sanction for non first time offenders of violent offender (probation, community service)
- adult sentence for serious and violent offender
How do custodial sentence works
partially served in facility and remainder served in the community
What is the maximum sentence for youth
10 yeard
If a youth commits first degree murder what will their sentence be?
6 years in prison 4 years in community
If a youth is charged with second degree murder what will be there sentence
7 years
4 years in facility 3 years in community
max amount of years for a youth who committed and indictable offense not homicide
3 years
What is the max years for other normalish youth crimes
2 years
open custody vs closed custody
smaller, shorter sentence, limited security, residential areas, go to school/work. offsite/onsite treatment
larger, longer sentence, higher security, no uniforms, industrial areas
Slide 20
in what cases can a publication ban be lifted
1st or 2nd degree murder
attempted murder
manslaughter
aggravated sexual assault
repeat serious violent offence
offence in which adult would receive 2 years in jail
what is an extrajudicial measures
alterative to laying charges for minors
6 extrajudical measures
NO further action
Verbal
Written
Referral (counselling
Crown referral
extrajudicial sanctions (restitution, apology, victim offender)
Can youth receive an EM more than once (or if
previously found guilty of an offence)?
Yes, they can. There is no limit and you can receive more than one extrajudicial
should the police keep records if a youth
receives an extrajudicial measure/sanction?
originally police did not keep track of it but now there are records of extrajudicial sentences
