unit two: justice system Flashcards
Justice
Applying laws
Fair and equitable
Governed by rules that apply to everyone, taking into account individual needs and circumstances.
Justice system
The institutions and procedures for applying laws in a society
Legislation
Laws created through the legislative process
Validity
Reliability, based on critical assessment of source, facts and bias
Community service
Help in the community performed as part of a sentence, such as assisting with a community clean up or food bank
Criminal record
A permanent record of breaking the law, which is public information. A criminal record can bar you from some jobs, volunteer work and travelling to other communities and countries
Sentence
A consequence for a crime such as imprisonment, detriments by a court of law.
YCJA
Youth criminal justice act
Deals with 12-17 year olds in trouble with the law
Allows some young offenders to have sentences such as counselling and civil service
Prohibits adult sentences for ages 12-14 but allows it for 14+ who committed serious crimes
Protects the privacy of young offenders from the public media
Allows most young offenders to avoid a criminal record
Criminal Code of Canada
CCOC
Deals with adults in trouble with the law
Makes going to court the usual consequence for breaking the law
Defines adult sentences which can include long periods of imprisonment for some crimes
Allows the publication of offenders name
Creates a criminal record for most
When young people break the law…
Young person- breaks law- police officer- charges/doesn’t charge
Charges offender
Crime is serious or other circumstances apply- prosecutor/court- judge- sentences with a program by YCJA or sentencing circle, social works and professionals or gives a person a sentence which includes community services, counselling, prison, criminal record, restitution
Doesn’t charge offender
Gives young person a warning or refers the young person to a program to help: social workers, mental health workers, community volunteers- programs given to offender using YCJA, sentencing circles, social workers or professionals- completed program
Other circumstances when youth break law
Has a previous criminal record
Refuses to provide the name of parent or gaurdian
Before the YCJA…
Every young person is sent to court and charged for breaking the law which meant:
Young offenders did not face consequences for a long time because courts were busy with other cases
The consequences didn’t always connect back to the people/communities affected by the offender
What factors determine the consequences for young offenders
The seriousness of offence
History of young person
Attitude of young person
Circumstances for the young person
Why do the YCJA create a difference with the offences of the young and adults
Youth do not understand their actions in the same way that adults do. Youth reacts different of certain situations differently than adults do in situations. Youth are still forming their views and they have a better chance of changing their life in the future than adults
Objectives of the YCJA
Prevent crime by addressing the circumstances underlying an offenders behaviour
Rehabilitate young persons for commuting crime and reintegrate them back to society
Ensure the consequences are right for that youths offence
Separate the offences of youth and adults because of maturity
Rehabilitate
To install positive behaviours and attitudes
Reintegrate
To make part of again
Colonialism
The process of establishing colonies, in which a region is claimed and governed by a country in a different part of the world.
Jury
The offences of offenders can be serious and trailed for court, juries always have 12 people and each of the jurors have to agree on the situation. Their decision must be unanimous
Anyone aged 18 plus who is a Canadian citizen is eligible for jury duty with some exceptions such as if they have a criminal record they may not be eligible
It is a duty of Canadian citizens to serve on juries
If you are summoned for jury you have to arrive at the courthouse on time
Employers have to have time off for duty but do not need to be paid
People are exuded from duty if they have a major commitment somewhere else at that time or if it would give them undue hardship
Defence
Includes the evidence that supports the the innocence of an offender. In the courtroom the lawyer can support the offender as a defence. The defence can include witnesses and physical evidence such as DNA samples or objects
Prosecution
Includes the evidence that supports the guilt of an accused person
Sequester
To remove from contact, juries are sequestered to ensure they consider only the evidence presented in the courtroom
Jurors
Sequestered from the contact of family, friends and general public
Swear an oath to use only the evidence and law to reach a conclusion and verdict
Advocacy groups
Organizations work independently of the government, trying to solve the underlying reasons for crime
Canada has two major groups: the John Howard society, Elizabeth fry society
What do advocacy groups do
Provide public education about laws and the justice system including the YCJA
Work with youths and adults who have broken the law to help them return to their communities( help them find jobs or places to live, arrange meetings)
Stand up for the rights of youth and adult offenders
Elizabeth fry society
Advocacy group who focuses on the justice issues of women and girls
John Howard society
Advocacy group who focuses on men, women, boys and girls in trouble with the law
Youth justice committees
Reflect the idea of sentencing circles with elders
Exist in communities where volunteers agree to work with young offenders
The committees a to on the the idea that breaking the law harms everyone in a community and that the community must become involved in solutions
Any community can have a youth Justice committee
Sentencing circles
Come from the traditions of some aboriginal peoples whose systems of Justice can also include consequences such as banishment
Elders in the committee and their process
The committee meets and they begin a smudging ceremony which represents truth, peace and understanding
Traditional knowledge, language and culture are important
They make the person welcome and use the physical, spiritual, emotional and mental aspects to help their development
