quiz #5 Flashcards
what ages does youth criminal justice system apply to?
youth aged 12 to 17
under what age can youth not be charged?
Youth younger than 12
how can youth who are older than 18 can be dealt with?
through the adult system
what are the 4 key elements of the youth justice system?
- privacy
- criminal record
- custody + community supervision
- maximum sentences
privacy rules
Names & photos of youth are not published unless sentenced as an adult
Criminal record rules
Most youth offenders will avoid a criminal record
Custody + community supervision rules
- If sentenced to custody, must be supervised in community afterwards
- 2/3rds custody, 1/3rd probation
what is the maximum sentence of probation for youth?
2 years
what is the maximum sentence of custody for youth?
- 10 years
- 6 years custody + 4 years community for 1st degree murder
what were the key concerns of the YOA?
- No guiding principle
- extensive discretion and provincial variation
what were the competing principles of the YOA?
- Accountability/responsibility
- Protection of society
- Special needs of youth
what were the Competing Perspectives on the YOA that were too harsh?
- High rates of youth custody
- Mostly for non-violent youth
what were the competing perspectives on the YOA that were too soft?
- Perceived increases in youth crime
- Leniency for more serious offenders
why was the YCJA created?
to address perceived limitations of the YOA
what were the 2 key goals that were addressed in creating the YCJA?
(1) Reduce the reliance on courts and custody
(2) Improve the effectiveness of the response to serious, violent youth
under goal #1 what were the 2 subcategories?
(A) Diversion
(B) Gateways to custody
under goal #2 what was the subcategory?
(A) Adult sentencing
under Goal 1: (A) Diversion what were the 2 categories?
Extrajudicial Measures (e.g., police diversion)
- Warnings
- Referrals
Extrajudicial Sanctions (e.g., crown diversion)
- Apology letter
- Stays on record for 2 years
under Goal 2: (B) Gateways to Custody what were the way youth could be sent to custody?
Can only be sent if they meet 1 of 4 of the following
- Violent offence
- fail to comply with past probation
- Indictable offence + criminal history
- Indictable offence + aggravating circumstances
under goal #2: (A) Adult Sentencing what were the categories?
- Expanded eligibility
- Decreased the age threshold to 14
what is the Preamble?
statements that indicate how the rest of the legislation should be interpreted
what does it mean when they say the YCJA is a bifurcated system?
Means that there are different sets of rules for different offenders
bifurcated system: stream #1?
Diversion for less serious offenders
bifurcated system: stream #2?
Custody sentences and adult sentencing for more serious, violent offenders
ways youth can be tried as an adult
- 1st degree murder
- aggravated assault
- manslaughter
- attempted murder
