Unit 3 - Criminal Law Pt. 4 Flashcards
Intent of the Youth Justice System
- 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
1984 - Youth Offenders Act (YOA)
- 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
Reports from Youth Justice Strategy (1998) & Summit on Justice (1999)
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
Youth Criminal Justice Act (2004):
4 Main Principles
- Prevention by addressing causes of crime + Encourages community effort to reduce crime
- Meaningful consequences to hold all youth offenders accountable
a. To help them understand the implication of the harm they’ve caused - Rehabilitation + reintegration into society
- Flexibility for provinces to establish youth Justice policies that best meet their local needs
Meaningful Consequences
- 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
Criminal Responsibility Age Groups
0-11 = NO responsibility
12-17 = PARTIAL responsibility
18+ = FULL responsibility
Major Changes w/ the YCJA
- Increased role for rehabilitation programs for non-violent, violent, repeat offenders
- Introduced stiffer sentences for violent offenders
a. eg. murder, manslaughter, aggravated sexual assault committed by 14+ yrs can have adult sentences - Hardships for Aboriginal offenders need to be considered when sentencing
- Equal to 1/2 of sentenced time in custody must be served in community as period of supervision
Rights Under the YCJA
- 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
Extrajudicial Measures - Key Characteristics
- 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
Extrajudicial Measures - EXAMPLES
- Taking no further action
- Warnings
- Cautions
- Referrals to community agencies w/ the consent of the youth
Extrajudicial Allowings
Most formal type of extrajudicial measures
EXAMPLES:
- Restitution
- Compensation
- Counseling
- Treatment
- Community service work
- Mediation
Youth Sentences - Intent
- Hold young ppl accountable for their actions
- Utilize just sanctions that ensure meaningful consequences
- Promote the youth’s rehabilitation + reintergration
Restorative Justice
Those who are involved in the crime – victims, victims’ families, youth who offend, the community – are encouraged to reconcile, restore, + repair relationships + situations.
Non-Custodial Options
- Fine
- Community service
- Probation
- Attendance order for specific program
Non-Custodial Orders are forbidden unless young person has:
- 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
What is a drug?
Any substance that, when absorbed into the body, changes normal body or mind functions. EX. tobacco, alcohol, prescription
Possession
- 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
Trafficking
- 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
Possession for the Purpose of Trafficking
- 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
Production
- 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
Importing / Exporting
- 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
