Ch. 14 - Youth Sentencing Flashcards

1
Q

What is the purpose and principles of sentencing according to the YCJA?

A

“To hold a young person accountable for an offence through the imposition of just sanctions that have meaningful consequences for the young person and that promote his or her rehabilitation and reintegration into society, thereby contributing to the long-term protection of the public.”

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2
Q

What is the meaning of just sanctions?

A

Sentencing is fair and appropriate.

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3
Q

What is the meant by meaningful consequences?

A

Not about deterrence, The young person must appreciate the consequences for their behaviour.

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4
Q

What is the #1 priority guiding sentencing?

A

Long-term protection of the public.

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5
Q

What did the YCJA increase emphasis on?

A

Extrajudicial measures and non-custodial sentences.

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6
Q

What are extra-judicial measures?

A

Punishments where no charges are laid.

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7
Q

What is the point of extra-judicial measures?

A

To keep youth out of the judicial system and in the community, while still providing them with necessary resources.

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8
Q

According to the YCJA, what are the 5 objectives of extra-judicial measures?

A

Providing effective and timely non-judicial response to offending behaviour, encouraging young persons to acknowledge and repair harm, encouraging families of the young persons to be involved, providing an opportunity for victim participation, respecting the rights and freedoms of young persons and being proportionate to the seriousness of the offence.

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9
Q

What options do police have when it comes to judicial measures?

A

Take further action, warn the young person, administer a caution, or make a referral to a community program.

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10
Q

What does a warning involve?

A

Explaining what will happen if the youth does it again.

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11
Q

What does a caution involve?

A

A more formal warning. E.g., a letter issued to the youth in presence of parents.

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12
Q

What are extra-judicial sanctions?

A

More formal measures taken by the Crown.

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13
Q

What might extra-judicial sanctions involve?

A

Community service, writing and essay, apologizing, etc.

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14
Q

Is the Crown required to administer sanctions?

A

No, they may enact measures as well.

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15
Q

What are the 3 requirements for extra-judicial sanctions?

A

They must be appropriate for the person, they an only be used if there is enough evidence to proceed with a prosecution, and they require that the young person accept responsibility.

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16
Q

What is the relationship between admission of guilt as a sanction condition and criminal proceedings?

A

Admission of guilt as a condition of sanctions is not admissible as evidence in criminal proceedings.

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17
Q

When can admission of guilt as a condition of sanctions be used during sentencing?

A

If the youth does not comply with the sanctions and is later tried and convicted, then it may be brought up.

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18
Q

Who are sentencing decisions made by?

A

Youth court justices.

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19
Q

What are 6 guiding principles of youth sentencing?

A

No greater than adult punishment, regional consistency, proportionate to the offence and level of responsibility, priority to non-custodial sentences, rehab/reintegration should be the focus, and consideration of Aboriginal youth circumstances.

20
Q

What are the 10 community sanctions (ordered from least to most onerous)?

A

Judicial reprimand, absolute/conditional discharge, fine up to $1000, compensation/restitution, community service order, prohibition, seizure or forfeiture, probation, intensive support and supervision, attendance at non-residential centres.

21
Q

What is judicial reprimand?

A

A stern warning from the judge. The process of the justice system is punishment enough.

22
Q

When are absolute/conditional discharges removed from criminal records?

A

Absolute after 1 year, conditional after 3.

23
Q

What is the stipulation for compensation or restitution?

A

Can’t exceed 240 hours, must be completed within 1 year.

24
Q

What is the stipulation for community service orders?

A

They are part of probation, must be completed within a year.

25
Q

What is the max length of probation for youth?

A

2 years.

26
Q

What is done when a breach of youth probation occurs?

A

They revisit conditions and make amendments as needed.

27
Q

What is the intensive support and supervision program?

A

An intensive form of probation.

28
Q

What is the stipulation for attendance at non-residential centres?

A

They are required to attend a centre that has services for their needs, max 240 hours over max 6 months, and consent of youth of youth is required.

29
Q

For a judge to consider custody, one of what 4 criteria must be met?

A

The youth has committed a violent offence, failure to comply with two or more non-custodial sentences, “pattern of findings of guilt” at least twice where an adult would be sentenced to two years for at least one, and it is an “exceptional” case where aggravating factors make it impossible to provide a non-custodial sentence.

30
Q

When can a sentence be made longer?

A

If the youth is deemed to need more help.

31
Q

If therapeutic programs are needed but unavailable, can a judge use a custodial sentence?

A

No.

32
Q

What is a deferred custody and supervision order?

A

A sentence served in the community, but with the possibility of the young person being brought into custody.

33
Q

When are youth with a deferred custody and supervision order be brought into custody?

A

When they do not abide by the rules of their sentence.

34
Q

What is the max length of a deferred custody and supervision order?

A

6 months.

35
Q

What are custody orders officially referred to as? Why?

A

Custody and supervision orders. So that they may serve the final third of their sentence in the community.

36
Q

What is an intensive rehabilitative custody and supervision (IRCS) order?

A

A sentence for serious violent offenders.

37
Q

When can a youth be legible for an adult sentence?

A

If they are at least 14 and have been convicted of an offence for which an adult would receive more than 2 years in prison.

38
Q

What is the maximum length of a custodial sentence for youth?

A

2 years normally. 3 years for serious indictable offence where and adult would get life (except murder).

39
Q

What is the max youth sentence for second degree murder?

A

7 years (4 incarcerated).

40
Q

What is the max youth sentence for first degree murder?

A

10 years (6 incarcerated).

41
Q

Until what age can offenders be kept in youth prisons?

A

20.

42
Q

When can a youth be transferred to an adult facility.

A

If they turn 18 in custody.

43
Q

Is the youth given say in their level of custodial care?

A

Yes, they must be consulted.

44
Q

What happens to youth placed in adult facilities?

A

They become more likely to reoffend and reoffend more quickly than those kept in the youth system.

45
Q

What effect does incarceration have on the chances of recidivism?

A

It increases the chance of reoffending.

46
Q

How does the Safe Streets and Communities Act affect Youth Justice?

A

It would require the police to keep records of anti-judicial measures, life the ban on the publication of youth names, make it easier to deny youth bail, make it easier to hand out custodial sentences, and require the Crown to consider seeking adult sentences for the most serious crimes.

47
Q

What is the upside/downside to keeping records of anti-judicial measures?

A

Upside: gives the opportunity to see if there is a pattern of offending behaviour.
Downside: kids are labelled and are more likely to be treated as offenders.