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J - SOC 321 > Chapter 3: Explaining the Youth Criminal Justice Act > Flashcards

Chapter 3: Explaining the Youth Criminal Justice Act Flashcards

1
Q

YCJA intended to reduce the high levels of incarceration caused by the…

A

YOA.

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2
Q

How does the YCJA exercise restraint?

A

Encompassing both sentencing and the decision of whether to use the formal court process in the first place.

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3
Q

How does the YCJA incorporate accountability?

A

Focus on holding youth accountable for their actions by imposing meaningful consequences that will promote the rehabilitation and reintegration of youth into society.

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4
Q

How does the YCJA incorporate proportionality?

A

Consequences imposed on young people are proportionate to the seriousness of the offence and the youth’s degree of responsibility.

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5
Q

How does the YCJA incorporate protection of the public?

A

System holds youths accountable, while recognizing hat there are factors outside the justice system that can have a greater effect on public protection.

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6
Q

How does the YCJA incorporate rehabilitation and address needs?

A

Ensuring that the seriousness of the offence sets the degree if utbercebwuibm and the rehabilitative needs of youths fit within a proportionate response.

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7
Q

How does the YCJA exercise structured discretion?

A

Reflects parliament’s view that officials in the youth justice system be given more legislative direction on how to exercise their discretion in a way that is consistent with the act’s objectives.

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8
Q

Youth Court

A

The court in which young people charged with an offence under the Criminal Code or the Controlled Drugs and Substances Act appear, in order to enter a plea and then have their trial or to be sentenced.

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9
Q

Young Person

A

A youth aged 12 to 17 years charged under the YCJA with having committed an offence.

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10
Q

When can a young person be tried in a Superior Court of Justice?

A

When an adult sentence has been sought for a youth who has reached 14 years of age, or for the offences of first or second degree murder for a youth who has not yet reached 14 years.

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11
Q

Custody and Supervision Order

A

A period of youth imprisonment followed by a period of community supervision.

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12
Q

Extrajudicial Measures

A

A process by which young people who admit responsibility for an offence can be dealt with outside of the court system.

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13
Q

YCJA sees extrajudicial measures as:

A
  • Appropriate and effective.
  • Timely.
  • Adequate.
  • To be used if adequate.
  • Encourages responsibility.
  • Provide opportunity for victims to participate.
  • Respect rights and freedoms of young persons.
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14
Q

What are some extrajudicial options for police officers when faced with a young person who has committed an offence?

A
  1. Do nothing.
  2. Warn the young person.
  3. With consent, refer the young person to a program or agency who may assist the young person.
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15
Q

What are some provisions in the YCJA that protect youth?

A
  • Extrajudicial measures.
  • Parent or guardian notified/present.
  • Represented by lawyer.
  • Charges read aloud and understood.
  • Review decisions of denied bail.
  • Held separately from adults.
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16
Q

Parent

A

Includes any person who is under a legal duty to provide for a young person or any person who has the custody or control of a young person.

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17
Q

Rights of parents include…

A
  • Being notified by police when child is arrested/detained.
  • Being notified of extrajudicial sanction.
  • Copy of documents child is entitled to receive.
  • Request review of a youth’s sentence.
18
Q

Responsibilities of parents include…

A
  • Attend court if ordered to do so.

- Complying with condition that judge places on them.

19
Q

Can Canadian courts order parents of youths to take part in programming or conduct?

A

No.

20
Q

What is the YCJA’s purpose of sentencing?

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.

21
Q

When sentencing youths, the YCJA requires that the court consider the ___ restrictive sentence that is capable of…

A

Least, achieving the overall purpose of sentencing.

22
Q

What are the 4 principles of youth sentencing under the YCJA?

A
  • Must not be punishment greater than what the punishment would be for adult.
  • Must be similar to sentences imposed in region.
  • Must be proportionate to seriousness of offence and degree of responsibility.
  • Must use all available sanctions other than incarceration, especially with Aboriginal youths.
23
Q

Which one of the following is included in the YCJA? Denunciation and deterrence.

A

Neither.

24
Q

Is jail time seen as an effective deterrent?

A

No.

25
Q

C-10 (SSCA) incorporates ___ and ___ as sentencing principles.

A

Denunciation, deterrence.

26
Q

When are intensive rehabilitative custody and supervision programs used?

A
  1. When the youth is suffering from a mental illness or disorder, a psychological disorder, or an emotional disturbance.
  2. A plan for treatment has been developed for the young person, and is believed to reduce the risk of recidivism.
  3. When the provincial director deems that it is appropriate and the program is available.
27
Q

What are the two levels of custody under the YOA?

A

Open and secure.

28
Q

What are maximum penalties under the YCJA?

A

2 years for custody and supervision order (3 years for life sentences), 7 years for second degree murder, and 10 years for first degree murder.

29
Q

When can a young person be sentenced to custody?

A
  • When they commit a violent offence.
  • When they fail to comply with noncustodial sentences.
  • When there is a pattern of criminality and they can be sentenced for over 2 years.
  • When there are exceptional circumstances.
30
Q

When sentencing Aboriginal youth, it is important to keep in mind…

A

That they are victims of systemic and direct discrimination.

31
Q

Name a group that is overrepresented in the youth justice system.

A

Aboriginal youth.

32
Q

Presumptive Offences

A

Murder, attempted murder, manslaughter, and aggravated sexual assault.

33
Q

In what cases can youth be charged as adults?

A

When they commit a presumptive offence, or when the Crown has shown why a youth over 14 who has committed a crime for which an adult would receive 2+ years should receive an adult sentence.

34
Q

What ar the 2 purposes of the youth custody and supervision system?

A
  1. To carry out sentences imposed by courts through the safe, fair, and humane custody and supervision of young persons.
  2. To assist young persons to be rehabilitated and reintegrated into the community as law-abiding citizens by providing effective programs to young persons in custody and while under supervision in the community.
35
Q

YCJA now requires a custody sentence to be followed by a supervision order, which is…

A

One-half as long as the period of custody.

36
Q

YCJA intends that criminal sanctions are not to be used where…

A

Other social measures would be appropriate.

37
Q

Conferencing

A

A collaborative and nonconventional approach to decision making in youth court.

38
Q

When can an assessment be ordered?

A
  • When the court has reasonable ground to believe the young person is suffering from a mental illness or disorder, a psychological disorder, an emotional disturbance, a learning disability, or a mental disability.
  • When the young person has repeated findings of guilt.
  • When the young person is alleged to has committed a serious violent offence.
39
Q

FASD

A

Fetal alcohol spectrum disorder. The range of cognitive disabilities that are caused by prenatal consumption of alcohol by a youth’s mother.

40
Q

Why would a judge exclude the public in a youth sentencing case?

A
  1. Information in court would injure or prejudice a young person.
  2. It would be in the interest of public morals, the maintenance of order, or the proper administration of justice.
41
Q

The onus for dispensing with the publication ban is with the ___.

A

Prosecution.

42
Q

The fact that Aboriginal people should be treated specially is highlighted in the ___ case.

A

Gladue.

J - SOC 321 (22 decks)

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