Chapter 2 Flashcards
Fair and equitable meaning?
Rules apply to everyone, taking into account of everyones’ needs and circumstances.
Justice
Applying laws.
Justice System
Ways and processes for applying laws into society
Legislation
Laws created through the legislative process.
Validity
Reliability, based on critical assessment of source, fact and bias.
Community Service
Helping the community as a part of a court sentence
Criminal Record
A permanent record of breaking the law, which is public. Can prevent you from having a job, volunteering and travelling to countries.
Sentence
A consequence for crime determined by the court.
Rehabilitate
To instill positive behaviours and attitudes.
Reintegrate
To make a part into society again.
Colonialism
The process of colonizing a region and governing it from another country.
What is one of fundamental principles of justice in Canada?
A person is assumed innocent until proven guilty.
Why is justice often portrayed as blind?
It is portrayed as blind because it does not look at the person’s status, ethnicity or gender, it only looks at what they have done and treats people equally.
If you are arrested you have the right to?
4
- remain silent
- speak to your parents, guardian and lawyer
- have your parents with you during questioning
- have a lawyer with you if you go to court.
When was the Youth Criminal Justice Act (YCJA) passed by parliament?
In 2003
Difference between Youth Criminal Justice Act and Criminal Code of Canada?
YOUTH CRIMINAL JUSTICE ACT
Deals with people between the ages of 12 - 17
Prevents youth between the ages 12- 14 from getting adult sentences.(youth over 14 might get adult sentences in serious offences.)
Sometimes consequences are counselling and community service.
Prevents youth from getting their names published unless given adult sentence.
Prevents youth from getting a criminal record.
Difference between Youth Criminal Justice Act and Criminal Code of Canada?
CRIMINAL CODE OF CANADA:
Deals with adults
Usual consequence for breaking the law is court.
Usual adult sentences are jail time.
Allows publication of names
Usually offenders get a criminal record.
When you are caught breaking the law who are the people who get to choose what happens to you?
- Lawyer/prosecutor
- people/volunteers from the Youth Justice Committee,
- judges
- police officers
- professionals
What is Youth Justice Committee?
- Youth Justice Committee is a group of volunteers from your community.
- They work with you, your parents, and the people you have wronged.
What happens if you don’t finish your consequences before the time limit?
You go back to court
Since when did Canada had laws before the YCJA that treated youth and adult criminals differently?
Since the 1890s
What is the first complete step in breaking the law?
Young person breaks the law
After seeing the officer what are the next two steps?
Officer either charges you or not charge you.
If a person is charged, what are the next two things that happen?
You go to court
Or prosecutor recommends you Youth Justice Committees, sentencing circles, community service, social workers and other professionals
What are the two other circumstances when someone is charged other than how serious the crime is?
If they had committed a crime before
Or refused to provide the name of parent or guardian.
Before YCJA ,every young person who broke the law was?
-They were sent to charged and court
If a police officer does not charge you, they can:
Give you a warning and including a letter to your parents.
Or refer you to a program.
What are the sentences that were most likely give to young offenders?
- community service
- counselling
- prison
- criminal record
- paying for property damage/ Restitution
Who designs the programs for the young offenders?
Sentencing circles
Youth Justice Committee volunteers
Social workers
Professionals
What are the factors considered to determine the consequences of the young offender?
The seriousness of the crime: less severe= less problem, more severe = more problems
The history of the young person: In trouble before=more serious consequence, first time= less serious consequence.
The attitude of the young person: someone who takes responsibility for their action will face less serious consequence than someone who does not/
The circumstances of the young person: how their parents treat them or do they have domestic abuse. Social worker is more important than a consequence.
which of the factors is the one that is in the direct control of the young person?
When it comes to determining the consequences of a person?
The attitude of the young person
What are the two other circumstances when someone is charged other than how serious the crime is?
If they had committed a crime before
Or refused to provide the name of parent or guardian.
Before YCJA ,every young person who broke the law was?
What were the two things that often happened because of this?
-They were sent to charged and court
Young offenders don’t get a consequence for a long time because of busy courts
The consequences have nothing to do with the people or community the offence affected.
Why does the YCJA establish a difference between young offenders and adult offenders?
Young people don’t understand their actions the same way adults do.
They are still in the process of forming their views.
They have better chances of changing and making better choices.
What does YCJA say and what does it mean?
- Prevent crime by addressing the circumstances for the person’s behaviour = A person’s actions could depend on family problems, abuse or alcohol.
- Rehabilitate the young person and reintegrate them back into society = Instill positive attitude and behaviour in the person and help them find positive ways to participate in community.
- Ensure that the young person receives the appropriate consequence they deserve = If a young person damages a property they should fix and pay for the damages.
How many times do most young offenders get into trouble with the law?
Only once
in which year was there the highest number of total criminal offences?
1991
When the YCJA was introduced, what happened to the number of offences?
- Criminal code offences seemed to level off
- youth charged went down
- cleared offences went up.
What was the thing that divided aboriginal young offenders and non aboriganal young offenders?
Aboriginal young offenders were sent to jail at earlier ages and for longer periods of time.
Report came from Canada’s Correctional Investigator
Why do some first nations view Canada’s justice system as unjust in principle.
Aboriginals consider Canada’s justice system as unjust in principle because they consider it part of foreign form of government.
what makes justice fair?
Taking the victims needs to first priority.
What happens to a thirteen year old girl who commits three murders?
Her name will still remain anonymous.
What is the meaning of authority of information?
Having valid information by true facts.
How old do you have to be before choosing either a judge or a jury to be tried by?
14 years old.
True or false. Everyone has to agree on the jury before a verdict is given.
True
Everyone who is 18 years or older can serve on a jury? T or F
False
Jurors are anonymous, T or F?
T
What evidence is there that the jury procedures are there to treat the accused fairly?
Sequestering ,voting , no tv or computer, no agreement= new trial.
Who can be eligible for jury duty?
Those who are Canadian citizens and are over the age of 18 and do not have a criminal record are eligible..
How many people do juries have?
12 people
What do you have to do if ;you are summoned for jury duty and how can you be excused for it?
You are supposed to clear all your schedules, find transportation and take a day of from job.
People can be excused from jury if they can prove that it could cause them hardship.
Explain the difference between defence, prosecution ?
Prosecution is when a prosecutor/lawyer presents evidence of the accused’s guilt
Defense is when the defender/lawyer represents the accused and provides evidence that he or she is innocent which can include suspects, dna, fingerprints
Meaning of sequester?
Sequester means to remove from contact and to consider only the evidence in the courtroom.
Why do jurors swear on an oath?
They swear an oath to only consider the evidence to reach the verdict.
What happens if you don’t show up for jury duty?
You can either be fined or go through jail time.
How are jurors chosen?
Jurors are randomly selected from the barrel and both the defendant and prosecutor ask what they do for a living and both approve if they want that person as a juror or not.
There is no such thing as kind of guilty or not really guilty, there is only:
“Guilty” or “not guilty”
What does it mean by a jury to deliberate? Give examples on how they do it?
When a jury delibrates they have to stay together at all times and have no contact with the outside world.
- they cannot talk to the guard unless they want to proceed a phone call
- the guard on the behalf of he jury finds them a motel and transports them at an unmarked bus.
What does it mean by ‘ignorance of the law has no excuse’?
It means that citizens have the duty to know the law.
If you do something illegal without knowing it, you will still be charged and convicted of an offense.
What are Canada’s two major advocacy groups?
Elizabeth Fry society
John Howard society
What do the the EF society and JH society advocay groups stand up for?
They stand up for rights of youths and adults accused of crime.
Do these organizations work with the government?
advocay groups
No they work of the government.
What are some of the things the advocacy do?
They do not work with the government
They try to solve reasons for the crime
They stand up for the rights of youths and adults
They help the people reintegrate back into their communities
They make the offender and the victim meet so they can move on.
What does elizabeth fry focus on and what does john howard focus on ?
Elizabeth Fry Society = Supports girls and women.
John Howard Society = Supports men, women, and children.
Under the YCJA what can young offenders face?
Consequences
Youth Justice Committees reflect ideas from?
Sentencing Circles
What are the three objectives of YCJA?
Youth charges cleared
Total charges of Youth offenders
Youth Charges
Is it better for a young youth to break the law or an older youth?
It is easier for an older youth to not repeat a crime than a younger one.
What does aboriginal system also include as a consequence?
Banishment
What do committees act on the idea of?
Who plays an important role in this kind of justice?
That breaking the law harms everyone in the community and the whole community must become involved to find solutions
Aboriginal Elders
Significance about culture (RITA AUGER)
Culture comes in whole not parts
Culture is the root to our identity
Traditionally, what are Elders respected for? How they know things more than anyone?
Experience and knowledge
Acting for the best interests in their community.
Molded by traditional culture
Quality of mind and emotion
High level of spiritual
Approach an elder with utter respect and humility
It is important to remember that traditional cultural ways are?
Dynamic
