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J - SOC 321 > Chapter 4: Implementing Youth Justice Reform: Effects of the Youth Criminal Justice Act > Flashcards

Chapter 4: Implementing Youth Justice Reform: Effects of the Youth Criminal Justice Act Flashcards

1
Q

Diversion

A

A justice-system practice, procedure, or program that substitutes an informal response to offending or a formal response, thus diverting people out of the formal justice system.

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2
Q

Rehabilitation

A

A penological theory that an offender van be returned by appropriate programs to a state of non-offending; also, practices and programs based on that theory.

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3
Q

Presumption

A

A rule of law that permits a court to assume something is true until such time as there is evidence that disproves the presumption.

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4
Q

Is it constitutional that the YCJA presumes youths found guilty of the most serious crimes receive adult sentences?

A

No.

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5
Q

Custodial Sentence

A

A sentence that is served in a custodial facility; under the YCJA this may be an open or a closed facility.

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6
Q

Deterrence

A

A penological theory that criminal sanctions will discourage people from committing crime; a penological practice based on that theory.

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7
Q

Young offender status is a ___ factor.

A

Mitigating.

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8
Q

Extrajudicial Measures

A

Under the YCJA, measures other than judicial proceedings (such as youth court) that are used to deal with a young person alleged to have committed an offence (including extrajudicial sanctions).

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9
Q

Extrajudicial Sanctions

A

Under the YCJA, relatively formal diversion programs that have been authorized by provincial authorities.

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10
Q

Rate Per 100 000

A

The number of persons who experience some event during some period of time, divided by the number of persons in the population who are at risk of experiencing the event.

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11
Q

Chargeable Person

A

A person who has been identified by police as an offender and against whom a charge could be laid; also known as an apprehended person.

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12
Q

Recorded Youth Crime Rate

A

The annual rate (usually per 100 000) of young persons identified by police as offenders and against whom a charge can be laid.

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13
Q

Apprehended Person

A

A person who has been identified by police as an offender and against whom a charge could be laid; also known as a chargeable person.

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14
Q

What did the slight decline in youth crime in 2003 mean?

A
  • YCJA has not resulted in an increase in youth crime.
  • Since the per capita rate of youth apprehended by police has not increased, any downstream decreases in numbers of court cases or custodial populations must be the result of a functioning youth justice system.
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15
Q

Charge Ratio

A

The proportion of chargeable persons who were charged.

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16
Q

Since the YCJA has been implemented, rates of charging have gone ___ and the rates of diversion have gone __.

A

Down, up.

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17
Q

Remand Custody

A

The practice of holding a person in a custodial facility before or during his or her court appearance(s); also known as pre-trial detention.

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18
Q

Pre-Trial Detention

A

The practice of holding a person in a custodial facility before or during his or her court appearance(s); also known as remand custody.

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19
Q

The YCJA says that pre-trial detention should not be used as a substitute for…

A

Appropriate child protection, mental health, or other social measures.

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20
Q

Rebuttable Presumption

A

A presumption that can be disproved by evidence to the contrary.

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21
Q

Has the YCJA had an effect on pre-trial detention?

A

Doubtful.

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22
Q

Reintegration

A

The re-entry of an offender into society.

23
Q

Noncustodial Sentence

A

A sentence that is served in the community (and therefore, not in a custodial facility), also known as a community-based sentence.

24
Q

Breach of Probation

A

Violation of one or more of the conditions of a probation order.

25
Q

Community-Based sentence

A

A sentence that is served in the community (and therefore, not in a custodial facility), also known as a noncustodial sentence.

26
Q

What are four principles that must be considered when considering a custodial sentence for youth?

A
  • Exercise restraint.
  • Does not have to escalate in a step-like fashion.
  • Court shall not use it as a substitute for child protection, mental health, or a social measure.
  • Require pre-sentence report.
27
Q

DCSO stands for…

A

Deferred Custody and Supervision Order.

28
Q

DCSO

A

In the YCJA, a community-based alternative to a custodial sentence, under which the young person will serve his or her sentence in the community under a set of a strict conditions. If these conditions are not followed, the young person may be sent back o custody to serve the balance of that sentence.

29
Q

DCSO is a measure that can be used on minor crimes. True or false?

A

False. It is a last resort to be used before custodial sentences, and can only be applied where a custodial sentence is warranted.

30
Q

DCSO appears to have a ___ effect, not a ___ ___ effect.

A

Decarcerating, net-widening.

31
Q

How much of the sentence is served in the community under the YCJA?

A

1/3.

32
Q

What does IRCS stand for?

A

Intensive Rehabilitative Custody and Supervision order.

33
Q

IRCS

A

Allows a court to confine a youth to a mental health facility or to prove an individual plan that includes confinement and treatment.

34
Q

Does the IRCS allow for involuntary medical treatment?

A

No.

35
Q

The IRCS is applied often. True or false?

A

False.

36
Q

After the YCJA, the proportion of custodial sentences being handed out has…

A

Gone down.

37
Q

Sentenced Custody

A

Being held in a custodial facility as a result of a court sentence (as opposed to remand custody).

38
Q

Has the YCJA affected the numbers of those in sentenced custody?

A

Yes, the numbers have gone down.

39
Q

Has the YCJA affected the numbers of those in pre-trial detention?

A

No.

40
Q

Pre-Adjudication

A

Occurring before adjudication.

41
Q

Incarceration Rate

A

The rate (usually per 100 000) of persons in custodial facilities on an ‘average’ day of the year; it is the sum of the sentenced custody and the remand custody rates.

42
Q

Adjudication

A

The making of the decision by a court as to the guilt of the accused person. A person may also be adjudicated not guilty or NCRMD.

43
Q

Post-Adjudiation

A

Occurring after adjudication.

44
Q

Presumptive Offence

A

Under the YCJA, announce for which, if a young person is found guilty, there is a presumption of an adult sentence.

45
Q

The YOA uses ___ ___ hearings about whether to try as a youth or an adult, while the YCJA uses ___ ___ hearings.

A

Pre-adjudication, post-adjudication.

46
Q

In order to be charged as an adult, you must be at least __ years of age.

A

14.

47
Q

Prior to R. v. D.B., when a presumptive offences was committed, who was the onus on and what did they have to demonstrate?

A

The onus is on the youth to demonstrate why they should not be charged as an adult.

48
Q

What did R. v. D.B. determine about presumptive offences?

A

It was unconstitutional to presume that a young person should be charged as an adult, ant that young people are entitled to a presumption of diminished moral blameworthiness.

49
Q

After R. v. D.B., Prior to R. v. D.B., when a presumptive offences is committed, who is the onus on and what do they have to demonstrate?

A

Onus is on the Crown to demonstrate why an adult sentence should be applied.

50
Q

Bill C-25

A

Introduced the idea of denunciation and deterrence into the YCJA.

51
Q

Bill C-10

A

Also known as the SSCA, proposes to add denunciation and specific deterrence. Also has provisions which may decrease rate of incarceration. Its use depends on its interpretation by those in the CJS.

52
Q

Rebuttable presumption is ___ from Bill C-10, however, the onus is…

A

Removed, still on the Crown to justify detention.

53
Q

Bill C-10 prohibits placing a youth in…

A

An adult prison before they reach 18 years, for any reason.

54
Q

Despite efforts by the YCJA, regional variations in the use of youth courts and custody have remained ___.

A

Substantial.

J - SOC 321 (22 decks)

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