Chapter 3 pt.2 Flashcards
Explain the “restraint” philosophy under the YCJA
One of the goals in the act is to stop agents of the state from applying too harsh punishments (punishment should not be too severe)
They don’t want to give too much power to the agents of the state to apply punishments
Explain the “accountability” philosophy under the YCJA
youth offenders need to take accountability for their crimes to protect the public
Explain the “proportionality” philosophy under the YCJA
punishment needs to be proportionate (reasonable) to the crime they committed and should fit the crime
explain the “protection of the public” philosophy of the YCJA
the YOA let kids off easily which is dangerous, so a new purpose of the YCJA is to protect the public
What are the 3 ways the Criminal Justice System intend to protect the public
- holding young offenders accountable
- promoting rehabilitation and reintegration
- supporting the prevention of crime by creating programs or agencies to help young delinquents
What is section 1 of the YCJA
Promoting public protection through rehabilitation
Explain Section 1 of YCJA (promoting public protection through rehabilitation)
focuses on treatment rather than punishment, youth should be given a chance to get better since their behaviour comes out of poor history
What is section 2 of the YCJA
Administer justice in ways that resonate with the needs of the youth
What are “extrajudicial measures” of sanctions
A process where youth offenders who take responsibility fo their offence can be dealt with outside the court system (especially for first time offenders)
ex. counselling, mental health treatment, doing community service, etc.
What are the 4 options police can take when dealing with a youth offender (when the crime is small)
- Take no further action (let them go)
- Giving the young person a warning
- Referring the young person to a program or agency
- Extrajudicial Sanction
What is Diminished moral Blameworthiness
Canadas approach to the YCJA assumes that young people have not reached the same level as moral and social development as adults
Youth criminals are NOT allowed to be sentenced in adult court and very RARELY are given adult sentences if the crown petitions for it, what kinds of crime would fall in this category?
Violent sexual assault, 1st degree murder, and second degree murder
what is “Just Deserts”
a belief that punishment is important and proportionality does not matter
What is Section 3 of the YCJA
provide for measures that balance restorative justice with accountability
explain section 3 of the YCJA (provide for measures that balance restorative justice with accountability)
the YOA lead to a rise of young offenders incarcerated for minor offences, but the YCJA wants to help the offender rebuild his/her social ties to prevent then from becoming repeat offenders
