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Law - Grade 11 > Unit 3 - Criminal Law Pt. 4 > Flashcards

Unit 3 - Criminal Law Pt. 4 Flashcards

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1
Q

Intent of the Youth Justice System

A
  • To prevent youth crime by addressing the underlying circumstances of a young persons’ offending behaviour
  • To rehabilitate + reintegrate youth offenders
  • To ensure that youth are subject to meaningful consequences for criminal behaviour
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2
Q

1984 - Youth Offenders Act (YOA)

A
  • Criminal proceedings similar to full court trials
  • Provided new ways of dealing w/ “at risk” youth through sentencing that would address the ‘underlying causes of crime’
  • More safeguards for youth against ppl in positions of authority
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3
Q

Reports from Youth Justice Strategy (1998) & Summit on Justice (1999)

A

Recommended changes:
- Prevention
- Meaningful consequences
Harsher punishment for violent repeat offenders
Key recs.
- Lowering age of responsibility
- Holding parents accountable
- Use of incarnation as last resort
- Alt. measures as sentences

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4
Q

Youth Criminal Justice Act (2004):
4 Main Principles

A
  1. Prevention by addressing causes of crime + Encourages community effort to reduce crime
  2. Meaningful consequences to hold all youth offenders accountable
    a. To help them understand the implication of the harm they’ve caused
  3. Rehabilitation + reintegration into society
  4. Flexibility for provinces to establish youth Justice policies that best meet their local needs
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5
Q

Meaningful Consequences

A
  • Address the crime
  • Mean smth to the offender
  • Reinforce respect for Cnd values
  • Help fix the harm done
  • Respect gender, ethnic, cultural, + language differences
  • Involve family, community, other groups
  • Respond to the needs + lives of Aboriginal your + youth w/ special requirements
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6
Q

Criminal Responsibility Age Groups

A

0-11 = NO responsibility
12-17 = PARTIAL responsibility
18+ = FULL responsibility

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7
Q

Major Changes w/ the YCJA

A
  1. Increased role for rehabilitation programs for non-violent, violent, repeat offenders
  2. Introduced stiffer sentences for violent offenders
    a. eg. murder, manslaughter, aggravated sexual assault committed by 14+ yrs can have adult sentences
  3. Hardships for Aboriginal offenders need to be considered when sentencing
  4. Equal to 1/2 of sentenced time in custody must be served in community as period of supervision
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8
Q

Rights Under the YCJA

A
  • Rights to talk to a lawyer w/out delay at any stage of the proceedings
    - Must be advised of this right upon arrest or detention, in any written notices, during any proceedings
    - Must be given a reasonable opportunity to exercise this right
  • Right to consult w/ a parent or other adult upon request
  • Cannot have their name or faces published
    - Unless granted by a judge or the youth has been convicted of a serious violent crime + received an adult sentence
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9
Q

Extrajudicial Measures - Key Characteristics

A
  • Allow for effective + timely interventions
  • Should be used whenever they are adequate to hold young ppl
  • Must be considered as an option by police before decision to lay charges
  • Are presumed to be adequate to hold 1st time non-violent offenders accountable
  • May be used even if they have been used w/ the youth before
  • May be used even if the youth has previously been found guilty of a crime
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10
Q

Extrajudicial Measures - EXAMPLES

A
  • Taking no further action
  • Warnings
  • Cautions
  • Referrals to community agencies w/ the consent of the youth
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11
Q

Extrajudicial Allowings

A

Most formal type of extrajudicial measures
EXAMPLES:
- Restitution
- Compensation
- Counseling
- Treatment
- Community service work
- Mediation

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12
Q

Youth Sentences - Intent

A
  • Hold young ppl accountable for their actions
  • Utilize just sanctions that ensure meaningful consequences
  • Promote the youth’s rehabilitation + reintergration
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13
Q

Restorative Justice

A

Those who are involved in the crime – victims, victims’ families, youth who offend, the community – are encouraged to reconcile, restore, + repair relationships + situations.

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14
Q

Non-Custodial Options

A
  • Fine
  • Community service
  • Probation
  • Attendance order for specific program
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15
Q

Non-Custodial Orders are forbidden unless young person has:

A
  • Committed a violent offence OR
  • Committed a serious offence OR
  • Failed to comply w/ non-custodial order OR
  • Committed a serious offence + there are other aggravating factors
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16
Q

What is a drug?

A

Any substance that, when absorbed into the body, changes normal body or mind functions. EX. tobacco, alcohol, prescription

17
Q

Possession

A
  • The least serious drug offence
  • A person has a drug in their custody + knows it, even if they do not know exactly what kind of drug
  • Includes having drugs stashed away, having someone keep it for you, or even knowing about + consenting to someone in the same room or vehicle having the drug
  • More than 1 person can be charged w/ possession of the same drug
18
Q

Trafficking

A
  • Serious offence + more sentence options
  • To sell, administer, give, transfer, transport, send, or deliver a controlled substance
  • Doesn’t need to be any exchange of money
  • Includes selling or giving prescription that doesn’t belong to them
  • Max sentence - life imprisonment for schedule I and II substances
19
Q

Possession for the Purpose of Trafficking

A
  • You have drug on your person or in your possession, + you having a large enough quantity that it appears you were going to sell some of it to someone else
  • Police don’t have to prove that you were going to sell the drug – only that you have enough to qualify for the offence
  • Quantity may not matter if you are found w/ equipment, if the drug is packaged in a certain way, client ledgers, etc
  • Max sentence - same as trafficking
20
Q

Production

A
  • Manufacturing a chemical substance (meth labs) + growing or cultivating plants (marijuana)
    - Ex. Someone who grows substantial amounts of marijuana plants could be charged w/ production + production of marijuana for the purpose of trafficking
  • An indictable offence
  • Max sentence - life imprisonment + min. mandatory sentence of at least 2 yrs
  • Minimum sentence - 3 yrs involving youth
21
Q

Importing / Exporting

A
  • Taking or selling a drug across the Cnd border
  • Doesn’t have to physically carry the drug over the border
  • Planning the act can lead to a charge of importing/exporting
  • Ordering drugs over the internet can lead to a charge of importing

Law - Grade 11 (13 decks)

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