MIDTERM 3: Youth Justice Flashcards
______ was based on the concept of parens patria
Juvenile delinquents act JDA
the ____ emphasized treatment over punishment
JDA
Indeterminate sentences were used in the YOA
FALSE: JDA
identify the 4 points of the JDA
- based on concept of parens patria
- emphasized treatment NOT punishment -> custody used as last resort
- informality and flexibility important (due process not needed)
- broad scope of behaviors targeted -> youth in “state of delinquency” -> intermediate sentences used
the YOA saw youth delinquency through responsibility/accountability and special needs/rights
True
identify the 3 points of the YOA
- youth seen as responsible offenders -> emphasis on responsibility/accountability and special needs/rights
- legislation and courts transformed closer to adult system -> ensures due process but emphasized rehabilitation and protection of society -> shift from welfare model to criminal law model
- highest rates of youth incarceration -> custodial sentences intended to serve a “short, sharp shock”
_____ represents a shift from the welfare model to ______
YOA, Criminal law model
the JDA is framed as limited accountability in comparison to adults
FALSE: the YCJA
what reflected a bifurcated approach?
YCJA
the YCJA’s purpose of sentencing is:
- hold a young person accountable
- impose just sanctions with meaningful consequences
- promote the young persons rehabilitation and reintegration into society
- contributing to long-term protection of public
The YOA first used extrajudicial measures
FALSE: YCJA
what is the term used for “keeping youth out of the formal system”
extrajudicial measures
“if police believe that a warning, caution or referral is not sufficient, the case will be referred to the Crown who has the option of issuing a caution or using an extra-judicial sanction (not a conviction)”. what section does this partain to?
True
YCJA - extrajudicial measures
an extrajudicial sanction cannot be used if the youth wishes to have the matter dealt with by youth court.
True
when can the crown use an extrajudicial sanction ?
- sanction must be appropriate
- can only be used if there is enough evidence to proceed with prosecution
- requires that the young person accept responsibility
- cant be used if youth wishes to have matter dealt with by youth court
(exam question) list the principles of youth sentencing
- no greater than adult punishment
- regional consistency
- proportionate to offence and responsibility
- priority to non-custodial
- least restrictive -> rehabilitation -> promote responsibility and acknowledgment of harm
- denounce unlawful conduct -> deter
(exam question ) what are the sentencing options for youth sentencing
- absolute or conditional discharge
- fine up to $1000; compensation or restitution; community service order
- probation; intensive support and supervision
- attendance at non-residential centers
- deferred custody and supervision order
- custody and supervision order
- intensive rehabilitative custody and supervision order
Custody has been effective at reducing youth crime
FALSE: custody increases recidivism
Are institutions conducive to youth?
NO -> they are not conducive for proper social, emotional, and intellectual development
youth are equally likely to cope with incarceration as adults
FALSE
how does custody affect youth in the future?
Stigma
- release from incarceration undermines ability to secure educational/ employment opportunities
