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J - SOC 327 Lecture (2/2) > Chapter 14: Youth Sentencing > Flashcards

Chapter 14: Youth Sentencing Flashcards

1
Q

What are the 4 purposes of sentencing under the YCJA?

A
  1. To hold a young person accountable.
  2. Just sanctions.
  3. Meaningful consequences.
  4. Rehabilitation, reintegration, and long-term protection of the public.
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2
Q

The idea of holding a young person accountable started in the ___, and was carried over to the ___.

A

YOA, YCJA.

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3
Q

What does meaningful consequences mean?

A

Nothing to do with deterrence, the whole idea is that you want to make sure a young person understands the consequences and impact of their behaviour.

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4
Q

What is the number 1 priority in the YCJA?

A

Long-term protection of the public.

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5
Q

YCJA places an increase emphasis on ___ measures.

A

Extrajudicial.

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6
Q

Sentences under the YCJA are based on the principle of the ___ ___ measure.

A

Least restrictive.

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7
Q

What is the least restrictive measure principle?

A

Use the least restrictive measure needed to hold the person accountable?

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8
Q

The idea behind the least restrictive measure principles is that the more you do to intervene ___, the greater the likelihood that you set them down the path of criminality.

A

Intensively.

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9
Q

The idea behind the least restrictive measure principles is that the more you do to intervene ___, the greater the likelihood that you set them down the path of criminality.

A

Intensively.

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10
Q

What is diversion?

A

Diverting people from the formal system. Keeping people in the community, and keeping them in contact with whatever services that may be appropriate.

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11
Q

What are the objectives of extra-judicial measures?

A
  • Providing an effective and timely non-judicial response to offending behaviour.
  • Encouraging young person to acknowledge and repair harm.
  • Encouraging families of young persons to be involved.
  • Give opportunity for victim participation.
  • Respecting rights and freedoms of young persons.
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12
Q

YCJA requires police officers to consider whether it would be appropriate to…

A

Take no action at all, issue a warning, issue a caution (in writing), or refer that young person to a community program.

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13
Q

What is a caution?

A

A letter issued to a young person in the presence of their parents, and the police believed they are engaged in criminal behaviour. Not being charged at the time, but could be charged in the future if the behaviour persists.

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14
Q

Can police issue a referral arbitrarily?

A

No, must obtain consent of the young person.

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15
Q

Besides the police, who else can issue extra-judicial measures?

A

The Crown.

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16
Q

Besides the police, who else can issue extra-judicial measures?

A

The Crown.

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17
Q

What is an extra-judicial sanction?

A

If the police believe that a warning, caution, or referral is not sufficient, the case will be referred to the Crown who has the option of using an extra-judicial sanction.

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18
Q

Is using a sanction the same as a sentence or conviction?

A

No.

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19
Q

What are some examples of sanctions that can be issued?

A
  • Requiring a young person to do community service.
  • Participate in counselling.
  • Writing an essay.
  • Issuing an apology.
  • Making restitution.
  • Doing something for victim.
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20
Q

Extra-judicial sanctions must be:

A
  • Appropriate given the needs of the young person and the interests of society.
  • Can only be used if there is enough evidence to proceed with prosecution and take the youth to court.
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21
Q

If sanctions are used, but there is not enough evidence to take the youth to court, what problem arises?

A

The problem of net-widening.

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22
Q

Use of sanctions requires the admission of ___ from the young person.

A

Guilt.

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23
Q

Youth must be informed of their right to ___ and ___ before admitting guilt.

A

Legal representation, access/consult with legal counsel.

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24
Q

Participation in a sanction must be ___.

A

Voluntary.

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25
Q

Can an admission of guilt later be used against the youth in court in the case of sanctions?

A

No. However, he fact that they failed to comply with sanctions can be used in court.

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26
Q

What are the principles of youth sentencing?

A
  • No greater than adult punishment.
  • Regional consistency.
  • Proportionate to the offence and responsibility.
  • Priority to non-custodial.
  • Rehabilitation/reintegration.
  • Consideration of Aboriginal youth’s circumstances.
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27
Q

In considering the proportionality of sentencing, you need to consider the seriousness of the offence and ___ ___.

A

Moral culpability.

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28
Q

List the community sanctions, from lest to most serious.

A
  • Judicial reprimand.
  • Discharge.
  • Fine.
  • Probation.
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29
Q

List the community sanctions, from lest to most serious.

A
  • Judicial reprimand.
  • Discharge.
  • Fine.
  • Probation.
30
Q

What is a judicial reprimand?

A

A sentence in itself, young person is free to go. No criminal record, just processing the person through the system.

31
Q

What is a discharge?

A

Person is discharged, criminal record removed after a year. Conditional discharge is when a person needs to comply with conditions, and if compliant, record removed after 3 years.

32
Q

Why are fines rarely used?

A

Not rehabilitative, unfair to young person who don’t have capacity to pay.

33
Q

What is the fine up to for young people?

A

$1000.

34
Q

Instead of a fine, a judge can order ___ or ___.

A

Compensation or restitution.

35
Q

Restitution and communist service cannot exceed ___ hours.

A

240.

36
Q

What is an order of prohibition, seizure, or forfeiture?

A

Prohibition- young person is prohibited from owning something.
Seizure- something is taken away from them.
Forfeiture- something is given up.

37
Q

Describe probation for young people.

A

Maximum is 2 years, the goal is to minimize the risk of breach and ending up in an institution.

38
Q

Is it always a case that a breach of probation always leads to a new charge?

A

No, not for youth.

39
Q

What is an Intensive Support and Supervision Program?

A

A more intensive form of probation for youth, that targets mental health or developmental issues. Providing youth with the treatment and the services that they need.

40
Q

What is attendance at a non-residential centre?

A

Supervised by a probation officer, for a maximum of 240 hours over 6 months. Centres that provide for alcohol or drug counselling, mental health issues.

41
Q

What is attendance at a non-residential centre?

A

Supervised by a probation officer, for a maximum of 240 hours over 6 months. Centres that provide for alcohol or drug counselling, mental health issues.

42
Q

In order for a judge to consider custodial sanctions, the situation has to meet 1 of the following criteria:

A
  1. The youth has committed a violent offence.
  2. They have failed to comply with 2 or more previous noncustodial sentences.
  3. The youth has a pattern of findings of guilt (2 or more previous occasions where they have been found guilty, AND the offence is one or which an adult could receive a sentence of more than 2 years).
  4. Case is exceptional, where aggravating factors make it impossible to provide a non-custodial sentence.
43
Q

Judges cannot use a custodial sentence as a substitute for a lack of…

A

Social welfare or mental health services in the community.

44
Q

A sentence cannot be made longer simply because a judge feels that ___ might be necessary.

A

Rehabilitation.

45
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. Similar to suspended sentences in adults.

46
Q

What is a custody and supervision order?

A

Where a portion of the young person’s sentence has to be served in the community (1/3 rule). New name for custodial sentences.

47
Q

What is the Intensive Rehabilitative Custody and Supervision (IRCS) order?

A

For the most serious violent offences, where there is much more intensive rehabilitate programming, and can serve as an alternative to giving a young person an adult sentence.

48
Q

When can the Crown make the young person liable for an adult sentence?

A

If the young person is at least 14, and has been convicted of an offence for which an adult would receive more than 2 years in prison.

49
Q

Where are young persons always tried?

A

In youth court, even when they are liable for an adult sentence.

50
Q

When can judges accept an adult sentence for a youth?

A

When they are convinced that the youth sentence would be insufficient to hold the young person accountable.

51
Q

What is the age limit for giving a youth an adult sentence?

A

Federal government has established an age limit of 14, but provinces or territories can raise this number to 15 or 16.

52
Q

What is the age limit for giving a youth an adult sentence?

A

Federal government has established an age limit of 14, but provinces or territories can raise this number to 15 or 16.

53
Q

Consent is required to move things from a youth to an adult sentence, but the coercive power of the state…

A

Makes this more of a formality.

54
Q

Consent is required to move things from a youth to an adult sentence, but the coercive power of the state…

A

Makes this more of a formality.

55
Q

If youth are under 18 when sentencing, they will go to a ___ institution, no exceptions.

A

Youth.

56
Q

Those who turn 18 before sentencing are typically sent to an ___ institution.

A

Adult.

57
Q

The state has the ability to transfer youth to an adult facility when they turn __.

A

18.

58
Q

What conditions have to be met in order to transfer a young person from a youth facility to an adult facility?

A
  • Have the best interests of the young person in mind.
  • Public interest.
  • Young person has the right to be heard to express their position before the transfer decision.
59
Q

Young person can remain in youth facilities until the age of __.

A

20.

60
Q

Youth kept in an adult facility are more likely to reoffend, and more likely to reoffend more quickly than those…

A

Kept in the youth system.

61
Q

Are there any deterrent effects of going to jail?

A

No, there is no indication that there are any beneficial effects for young people to go to prison. If anything it increases the risk of recidivism.

62
Q

___ young people prevent moral, social, and intellectual development.

A

Institutionalizing.

63
Q

What is the atmosphere in prisons like for young people?

A

Impersonal, authoritarian, and sometimes overtly hostile.

64
Q

Stigma facing youth on release undermines…

A

Educational and employment opportunities.

65
Q

Stigma facing youth on release undermines…

A

Educational and employment opportunities.

66
Q

YCJA focuses on rehabilitating people and using custody as a last resort. What does the SSCA do to these goals?

A

Rehabilitating people, using custody as a last resort.

67
Q

What effects did the SSCA have on the YCJA?

A
  • Police required to keep record of warnings, cautions, and referrals.
  • Lift the ban on the publication of names of youth.
  • Easier to deny bail.
  • Easier to give custodial sentence.
  • Requirement for Crown to consider seeing adult sentence in severe cases.
68
Q

Police are required to keep records of warnings, cautions, and referrals. What is the effect of this?

A

To make it easier to identify patterns in reoffending. Problematic, because they now know ho often a particular youth is handed an extrajudicial measure. Less likely to use it.

69
Q

Under the SSCA, courts are now ___ to consider lifting the publication ban, especially when the young person commits a violent offence and is given a youth sentence.

A

Required.

70
Q

In what cases must adult sentences be considered by the Crown?

A

Murder, attempted murder, manslaughter, and aggravated assault.

71
Q

Give some characteristics of an ideal youth system.

A
  • Education.
  • Diversion programs.
  • Constructive system.
  • Probation.
  • Restorative aspect.
  • Treat them as valued members of society.
72
Q

What does YRAP do?

A

More restorative approach, where young people recognize the harms they caused. Accept referrals to deal with young person’s issues outside the formal system. Made up of a panel of young people who can serve as panel members or mentors.

J - SOC 327 Lecture (2/2) (13 decks)

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