Other stuff in Chapter 2 Flashcards
What does the 1890 – Canada’s Criminal Code say?
Outlined that children should be tried separately from adults and without publicity.
What does the 1908 – Juvenile Delinquents Act say?
Young people who broke the law were considered victims of social problems like poverty, abuse and neglect. There were no guidelines for sentences and no Charter to protect one’s rights, so sentences varied from extremely lenient to extremely harsh.
What does the 1984 – Young Offenders Act say?
Youth were now held accoultable for their actions, rather than being seen as victims of social problems.
What are the problems with YOA? (Young Offenders Act)
- youth did not face consequences for some time
- The consequences were not always meaningful.
- Youth who committed crimes were charged and always went to court.
What year was the YOA was retired and the Youth Criminal Justice Act (YCJA) was passed by parliament?
2003
What is the Philosophy of the YCJA? (Youth Criminal Justice Act)
Youth should be treated differently than adults because adults are expected to understand and be fully accountable for their actions.
The majority of youth crime is non- violent (i.e. crimes against property like vandalism, theft and mischief).
Many teens who break the law have a history of social problems (abuse, neglect, poverty, etc.)
What are the good Objectives of the YCJA? (Youth Criminal Justice Act)
- Prevent more crime (counseling)
- Rehabilitate and reintegrate into society (learn more skills)
- Meaningful consequences
How is the YCJA different from the Criminal Code?
- YCJA applies to 12-17 year olds who are in trouble with the law.
- Young offenders face counseling or community service on some occasions.
- Usually young offenders will avoid a permanent criminal record.
- Names are not allowed to be published.
How is the Criminal Code different from the YCJA?
- Deals with ADULTS (+18) who are in trouble with the law
- Immediate court appearance for breaking a law.
- Adult sentences handed out; long prison terms can follow
- Names of the accused given to the public.
What factors determine the YCJA consequences?
- Seriousness of offence
- Criminal history of the young person
- Attitude of the young person
- Circumstances of the young person
Who does the YCJA allow to decide the consequences of a young offender?
- Police
- Prosecutors
- Volunteers (i.e. Jury)
- Judges
At what age does the YCJA say youth allowed to be tried as an adult?
12-13 year olds are not allowed to be tried as an adult.
14 year olds allowed if it is a serious crime (i.e. murder).
What is a jury?
A body of people (typically twelve in number) sworn to give a verdict in a legal case on the basis of evidence submitted to them in court.
Must everyone in the jury agree?
Juries always have 12 members, and ALL must agree with the verdict either ‘guilty’ or ‘not-guilty’
At what age can you be tried by a jury?
A person charged who is 14 or older can choose to be tried by a judge and jury but this applies only in cases of serious crime (murder, assault).
At what age can you be called to be part of a Jury?
Anyone 18 or older, and a Canadian citizen is eligible for jury duty except people with criminal convictions.
Do you have to be a juror if you are called on?
- Juries are considered a duty for Canadian citizens. You must attend jury duty if called upon.
- People can be excused from jury duty only if it will cause them undue hardship (i.e. pregnancy, death in the family, physical disability, etc).
Are jurors paid?
- Jurors are NOT paid
- You are responsible for travel arrangements to and from the courthouse.
- You must arrange for time off work.
- Employers must by law give you time off, BUT they do NOT have to pay you.*
What are Justice Advocacy groups?
Organizations that attempt to solve the reasons for crime.
What are the 2 canadian advocacy groups involved with the justice system?
John Howard Society and Elizabeth Fry Society
What do Justice Advocacy group do?
These groups provide education about laws and the justice system. ( Includes the YCJA )
Work with youths/adults who have broken the law
Help reintegrate them back into society
eg. Help them find jobs; a place to stay etc.
These groups sometimes have the victims and offenders meet to resolve issues.
They are here for youths/adults accused of crimes
Challenge the justice system to improve the fairness for those accused.
Who does The Elizabeth Fry Society work with?
focuses on justice issues for women and girls.
Who does The John Howard Society work with?
works with men, women, boys and girls who are in trouble with the law.
Who are considered elders?
First nation individuals who are part of a youth justice committee that determine the consequences for young offenders
(strictly volunteers who work with young offenders.)
What are the Youth Justice Committees?
These committees are similar to sentencing circles
derived from Aboriginal traditions in dealing with law and order
Committees argue breaking the law causes harm for the community
Must the community by involved with justice issues?
Committees argue breaking the law causes harm for the community
The community MUST be involved with justice issues.
Who can have a Justice committee?
Remember that any type of community (village, town, city, etc) can have a justice committee
Why are elders important?
They help determine the consequences for young offenders
Elders are respected members of their society and play a vital role in the justice system.
Study that chart on page 66 + 67 in your textbook
ok?
