Courts & Sentencing

Question 1

According to the YCJA, what is the purpose of sentencing?

Answer 1

• Hold accountability through imposition of just sanctions w/ meaningful consequences
• Promote rehabilitation and reintegration into society
• Contribute to the long-term protection of the public

Question 2

Specific sentencing principles emphasize that a youth sentence must:

Answer 2

○ Not be more severe than what an adult would receive for the same offence
○ Be similar across cases
○ Be proportionate to the seriousness of the offence & the degree of responsibility of the young person

Question 3

What are fixed sentences?

Answer 3

• Opposite of judicial discretion
• guidelines like a grid that show what sentence should be based on offence and priors

Question 4

What is the most common sentence given to youth?

Answer 4

Probation: 58%

Others include:
* Community service: 25
* Custody:15
* Deferred custody and supervision (stay in community and closely monitored: 5%
* Fine 3%
* Reprimand 2%
* Other 35% (absolute and conditional)

Question 5

What was the average custody length for youth in 2014/2015 in Canada?

Answer 5

1 month or less

Question 6

The 3 most common punishable offences committed by youth are…

Answer 6

Theft, common assault, break & enter

Question 7

How does the YCJA provide options for judges to help juvenile offenders?

Answer 7

allows them to exercise judicial discretion by employing a range of sanctions suitable to the offender & that promote reintegration and rehabilitation

E.g. Youth may be given reprimand (warning), probation (most common), community based options, etc.

Question 8

What is open custody?

Answer 8

smaller residences located in the community where youth can have access to staff supervised programming in the community
e.g. group housing

Question 9

Closed custody sentences are often imposed upon_______ or for ______ ________.

Answer 9

1. Reoffenders
2. Serious offences : can sentence an adult sentence for serious offences when 14 or older (murder, attempted murder, aggravated sexual assault but countries differ from 15 or 16)

Question 10

What is failing to comply w/ disposition?
(failing to comply w/ courts/sentencing)

Answer 10

• Failing to keep good peace
• Failing of good behaviour
• Failing to obey the rules and discipline of the home in YCJA
• Higher failure to comply for girls than boys

Question 11

What are common bail conditions?

Answer 11

○ Not to communicate with the victim
○ Not to communicate with the co-accused
○ No allowed to go within a specific distance to a place or person
○ Have to live at a specific address

Question 12

What is the role of parents in youth court cases?

Answer 12

○ Parental Presence in court or the courts hearing that a parent was involved in the youths life were not significant factors in the overall bail decision

○ if the court heard that the parent was able to supervise, a youth was more likely to be released on bail

60.9% of youth who did not live with their parents were denied bail, whereas 24.7% of youth living with parents were denied bail

Question 13

What is procedural justice?

Answer 13

○ Idea of fairness in the processes that resolve disputes and allocate resources

focuses on the way police and other legal authorities interact with the public, and how the characteristics of those interactions shape the public’s views of the police, their willingness to obey the law, and actual crime rates