Week 11 - Youth In Court Flashcards
Canadian Court System: Youth Court
Supreme Court –> Provincial Court of Appeal –> PT Court –> Provincial Youth Court
Legal Rights
- Youth need a lawyer presence of a lawyer with police questioning
- They need a parent/Guardian present when making statements to the police
- They have a right to privacy - medial publication bans
Crown Responsibility
- Balancing Roles - Obtain justice and exercise discretion
- Legal Proof of facts - Fairly and Legally
- Ensure justice served
- Ability to use discretion
- Consider the level of youth and meaningful consequences
Cases in Juvenile Court
- theft
- common assault
Decisions in youth court
- Most are found guilty
- 2nd highest group stays (discontinues prosecution)
- Acquitted / others are least likely
Convictions (Youth vs Adult)
- Adults are more likely to commit admin offences, drug offences + property
- Youth are more likely to be convicted for violent offences
- Traffic offences are similar for both
Requirements of Remand/Pre-Trial Detention
Requirements:
- Age requirement - required to be separated from adults
-Interim release - May be granted after judge or JOP within 24 hours of being charged
- May be denied - Primary grounds (attend court) and seconds ground (public safety)
Court Proceedings
- Youth trials begin with a plea
- Innocence in court - does not recognize “innocence” (factual) - only legal: guilty or not guilty
- Guilty to sentencing
- Not guilty to trial (elect jury if an adult sentence or murder)
Maximum Penalties with Adult Sentence - YCJA
1st Degree Murder - Life sentence (parole)
- 14-15 years: parole after 5 to 7 years
- 16-17 years: parole after 10 years
2nd Degree Murder - Life Sentence
- 14-15 years: parole after 5 to 7 years
- 16-17 years: parole after 10 years
Trial with Jury (youth)
Factors Influencing - Crown screening
- The culpability of the defendant: belief in the guilt of the accused - Most important
- Evidence - Sufficient for plea or trial
- Priority Cases - Violence, prior record, specific crimes
Aggravating Factors
These are factors that add time to your sentence. For example a previous record
Mitigating Factor
These are factors that take time off your sentence. Where they are more lenient. For example, good grades in school, parent supervision, no prior record.
Sentencing Principles
Sentencing Issues
- Deterrence - Will not engage in crime if the penalty is too great (cost-benefit)
- Rehabilitation - Assumption people can change - given the opportunity (and help) - especially youth
- Incapacitation - Perceived as a danger - prison
- Retribution - Pay in equal proportion to the harm done (related to the proportionality principle)
- Denunciation - Charming individual (evidence: not best approach )
Youth Sentences
Sentencing Options
Reprimand: Stern Lecture from the judge (warning; technically not a “sentence”)
Absolute discharge: guilty, but not “convicted” (no criminal record once conditions met; common EM/ES)
Conditional discharge: comply with conditions (fail-return to court; success - becomes “absolute”)
Community Service Order (CSO): do service or charity (food bank common; no more than 240 hours within 12 months - mostly: property and drug offences)
Fine: Fee specified (youth max $1,000)
Probation: under supervision in the community (max 2 years for youth) (common: sexual offences, assault, drugs, theft and arson)
Deferred custody and supervision (conditional sentence): an alternative to custody (2004; serve in the community - house arrests with conditions)
Custody: prison (Max 10 years youth, with reintegration; life with early parole w adult sentence)
Net widening
Historical Foundation
- This was to provide institutions that would serve as places of reform for all children in need. This included the poor, neglected as well as delinquent.
- The purpose of this was that the children in need would be prevented from becoming criminals.
- Children were convicted in juvenile court, and then they were sentenced to training schools.
Changing the use of custody
Location:
- The location depends on NIMBY - Not in my backyard.
- They are tended to be located in the residential neighbourhoods
Age Jurisdiction:
- No youth under the age 18 will serve any portion of their sentence in an adult facility
Changes to Remand/Pre Trial
Changes:
1. Cannot use as a substitute for child protection
2. Releasing youth to a responsible person where possible
3. Limited use - Serious violence and long criminal record
Patterns to Remand/Pre-trial
Patterns:
- Most common age 16-17 years old
- Aboriginal youth are more likely
- 6-9 days on average for the length of remand
Issues with Remand/Pre-Trial
Issues:
- Net Widening - Administrative or practical changes that result in a greater number of individuals controlled by the Criminal Justice System
- Failure to comply - leads to criminalization
- Communities for detention youth may need to leave their community as facilities are not always available
- Family Circumstances - Instead of offence
