quiz #5

Question 1

what ages does youth criminal justice system apply to?

Answer 1

youth aged 12 to 17

Question 2

under what age can youth not be charged?

Answer 2

Youth younger than 12

Question 3

how can youth who are older than 18 can be dealt with?

Answer 3

through the adult system

Question 4

what are the 4 key elements of the youth justice system?

Answer 4

• privacy
• criminal record
• custody + community supervision
• maximum sentences

Question 5

privacy rules

Answer 5

Names & photos of youth are not published unless sentenced as an adult

Question 6

Criminal record rules

Answer 6

Most youth offenders will avoid a criminal record

Question 7

Custody + community supervision rules

Answer 7

• If sentenced to custody, must be supervised in community afterwards
• 2/3rds custody, 1/3rd probation

Question 8

what is the maximum sentence of probation for youth?

Answer 8

2 years

Question 9

what is the maximum sentence of custody for youth?

Answer 9

• 10 years
• 6 years custody + 4 years community for 1st degree murder

Question 10

what were the key concerns of the YOA?

Answer 10

• No guiding principle
• extensive discretion and provincial variation

Question 11

what were the competing principles of the YOA?

Answer 11

• Accountability/responsibility
• Protection of society
• Special needs of youth

Question 12

what were the Competing Perspectives on the YOA that were too harsh?

Answer 12

• High rates of youth custody
• Mostly for non-violent youth

Question 13

what were the competing perspectives on the YOA that were too soft?

Answer 13

• Perceived increases in youth crime
• Leniency for more serious offenders

Question 14

why was the YCJA created?

Answer 14

to address perceived limitations of the YOA

Question 15

what were the 2 key goals that were addressed in creating the YCJA?

Answer 15

(1) Reduce the reliance on courts and custody
(2) Improve the effectiveness of the response to serious, violent youth

Question 16

under goal #1 what were the 2 subcategories?

Answer 16

(A) Diversion
(B) Gateways to custody

Question 17

under goal #2 what was the subcategory?

Answer 17

(A) Adult sentencing

Question 18

under Goal 1: (A) Diversion what were the 2 categories?

Answer 18

Extrajudicial Measures (e.g., police diversion)
- Warnings
- Referrals
Extrajudicial Sanctions (e.g., crown diversion)
- Apology letter
- Stays on record for 2 years

Question 19

under Goal 2: (B) Gateways to Custody what were the way youth could be sent to custody?

Answer 19

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

Question 20

under goal #2: (A) Adult Sentencing what were the categories?

Answer 20

• Expanded eligibility
• Decreased the age threshold to 14

Question 21

what is the Preamble?

Answer 21

statements that indicate how the rest of the legislation should be interpreted

Question 22

what does it mean when they say the YCJA is a bifurcated system?

Answer 22

Means that there are different sets of rules for different offenders

Question 23

bifurcated system: stream #1?

Answer 23

Diversion for less serious offenders

Question 24

bifurcated system: stream #2?

Answer 24

Custody sentences and adult sentencing for more serious, violent offenders

Question 25

ways youth can be tried as an adult

Answer 25

• 1st degree murder
• aggravated assault
• manslaughter
• attempted murder