Unit 2: Issues For Canadians Flashcards
Define just society
What is the the Youth Criminal Justice Act (YCJA)
- april 1, 2003
- allows counselling and community service as punishment, lesser con sequences
What is the Criminal Code of Canada
Applies to all adults and youth 14 or older who commit serious crimes
Defines consequences to those applicable
What is an Advocacy group
- AKA special interest group or pressure group
- try to solve underlying reasons for crime
What are two advocacy groups
John Howard Group:
- supports all people
Elizabeth Fry Group:
- only supports women and girls
What is an Adult Sentence
- can be given to those 14 or older who have committed serious crimes. Ex. life sentence for murder
Define fair and equitable
- proper balance of conflicting interests and impartial
- Justice is supposed to be fair and equitable for everyone
What is the difference between trial by judge and trial by judge and jury
trial by judge:
Judge decides the consequences for the offender
trial by judge and jury:
Judge helps will the trial, jury makes final decision
Must be unanimous.
Only for more serious crimes
What is Community service
Voluntary work, used as a punishment for more minor crimes to avoid jail time and fines for minors
What is a jury
- 12 people chosen who have sworn to give a verdict on a legal case based only on the evidence
How do elders relate to this chapter
- Represent the FNMI perspective
- Bring in their culture, traditions, language etc.
Define restitution
Recompensing for injury or loss
a form of punishment for minors
Define hardship
Suffering or privation
if a jury member can prove that it will cause them undue hardship, they don’t have to go
Define Sequestered
isolated and hidden away
jury members are isolated until they come to a decision. This is to prevent any other information from creating a bias
What are potential sentences that youth can face
If not charged by police:
- verbal warning
- formal letter to parents
Charged by Police for minor crime:
- Sent to program w/ youth justice committee/sentencing circle/social workers etc.
- If not completed, goes to court
- Judge either tells youth to complete program, community service, counselling, prison, given criminal record or restitution
What factor are considered before passing sentence
- seriousness of the offence (violent or not violent)
- History (with crime)
- Attitude of youth
- Circumstances of youth
What rights do youth have when charged
- remain silent
- speak to lawyer, parent or guardian
- have your parents during questioning
- have a lawyer if you go to court
What are they key differences between Criminal Code of Canada and the Youth Criminal Justice Act
Criminal Code of Canada: - deals with adults - court is normal consequence for crime - Adult sentences can include prison for a long time or some crimes - allows names to be published Creates criminal record for offenders
Youth Criminal Justice Act:
- 12-17 years old
- consequences can include counselling and community service
- No adult sentences 12-14
- protects privacy of youth
- most avoid criminal record
When might youths be treated as adults
- 14 and older
committed a serious crime
What is the perspective of the Justice Minister
Anne McLellan:
youth should not be treated the same as adults. Youth are still developing, and therefore able to change.
All youth should know that their negative actions with have consequences for them.
Young people should contribute to the YCJA, no matter their background
What is the perspective for Aboriginal Justice
The YJCA allows some traditional Aboriginal customs to be used for sentences. Elders usually play a vital role in these. they often bring in their culture, traditions, values and language.
What are the Youth Crime Statistics
Since the introduction of the YCJA, there has been a significant decrease in youth charged in canada.
What is the role of the Police
The police enforce the law by choosing whether or not to charge a youth. This can effect the consequences of the crime.
What is the Judicial Process
when a youth who has broken the law is found by the police, they can either be charged, given a formal warning or a verbal warning.
If charged, a prosecutor can either send them to a program, or send them to court where those who commit serious crimes go. If they don’t complete the program, they go to court. In court a judge can decide of their sentence, it could be anything from community service to jail time and a criminal record.
What is the system for jury selection and trial proceedings
Jury selection:
- 18 or older
- Canadian Citizen
- no criminal record
- must do jury duty unless they can prove that it will cause undue hardship
Trial Proceedings:
- Jury selection, only those approved by both the prosecution and defence
- swear an oath to do their duty
- listen to all the evidence
- take a vote, deliberate on case
- vote must be unanimous, if not hung jury
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What are options for Judges when dealing with youth
- Community service
- counselling
- prison
- criminal record
- restitution
