Youth Criminal Justice Act (YCJA) Flashcards
when was the youth criminal justice act created?
April 1, 2003
what is the max sentence you can get under YCJA?
10 years
when was YCJA amended as a safe streets and communities act, and what did this change?
It was amended in 2012 and changed the ways serious, violent, or repeat offenders were dealt with, as well as allowed the release of names of the youth offender if the individual is thought to be dangerous or harmful.
what is an act?
a collection of laws related to the same thing
what age group does YCJA apply to?
12-17 year-olds
what is YCJA a part of?
the safe streets and communities act
why does ignorance of law not absolve you of consequence?
because it is your responsibility as a Canadian citizen to know the rights and wrongs involved in law
what are the five goals of YCJA?
make youth accountable/responsible for their actions, rehabilitate youth to teach them how to behave and act within the community, reintegrate young offenders back into society, protect the public, and prevent crime.
what are youths’ legal rights?
they must know why they have been arrested, they can remain silent, they can talk to an adult (must be over the age of 18), they can be represented by a lawyer, and a trusted adult or parent can be present
do all youth that commit a crime go to court or jail?
no
what are some key things that a judge may consider in court when sentencing?
the offender’s age, history (criminal record), and attitude (signs of remorse), as well as the severity of the crime, the offenders personal circumstances, and how to best protect society
what happens when an offender does not go to court?
they get an extrajudicial measure
who makes the decision of the consequences when using extrajudicial measures?
police and elders
what does the offender have to do to qualify for an extrajudicial measure?
they must admit to the crime and be willing to participate in the program
what are 5 examples of an extrajudicial measure?
- issue an apology
- personal service
- aid the victim or other individuals
- community service
- help or work to better the community
- write an informed essay
- don’t to a related charity
- return or fix the item
- pay for damages (restitution)
- attend a program
- probation (supervised by a youth worker or officer)
what is the aim of an extrajudicial measure?
to hold a young person accountable without proceeding through the formal court process
why does YCJA try to keep youth out of court if possible?
because court is time-consuming and expensive
what are the four categories of offenses?
lest severe, summary offense, indictable offense, and presumptive offense
what crimes are considered as a ‘least severe’ offense?
minor vandalism or minor theft
when charged with a ‘least severe’ offense, how long does the criminal record last?
2 years from the completion of the sentence
what crimes are considered a summary offense?
theft under $5000 or minor property damage
how long does the criminal record last when charged with a summary offense?
3 years from the completion of the sentence
what crimes a considered an indictable offense?
any violent crime/action/assault, unauthorized possession of a firearm, theft over $5000, 3 or more summary offenses, or aggravated assault
when charged with an indictable offense, how long does the criminal record last?
5 years from the completion of the sentence
what is a presumptive offense?
a super-serious offense that presumes that the youth will be tried as an adult and move to an adult prin when they turn 18
what is the youngest age you can be charged with a presumptive offense?
14
how long does the criminal record last when you are charged with a presumptive offense?
5 years from the completion of the sentence
how long do adult sentences last on your criminal record?
forever
define 1st-degree murder
an action done with an intent and a plan
define 2nd-degree murder
when one has an intent to harm but no plan
define manslaughter
when one makes a poor choice, resulting in an accident occurring without intent
define restitution
when you are told to pay for damages
define aggravated
when a weapon is used (anything can be used as a weapon)
define incarcerated
to go to prison
define expunged
your charges have been erased or removed
what are 4 things a criminal record impacts your ability to do?
get a job, volunteer, travel (you can travel, but some countries won’t let you in), and how you are treated in court
how many people make up a jury?
12
what happens when you repeatedly fail to serve for jury duty?
an arrest warrant can be issued
at what age can you choose to be tried by a jury in court?
14
what are three things you must be able to prove before you can be chosen as a juror?
that you are at least 18 years of age, that you are a Canadian citizen, and that you do not have a criminal reacord
what do employers do when an employee is summoned for jury duty?
they can give you time off, but they do not have to pay you
how can you be excused from jury duty?
if you can demonstrate that it would cause you undue hardship
what is the jury considered as?
a duty for Canadian citizens
if you are summoned for jury duty, it is…..
your responsibility to serve
what does the defense do?
the defense lawyer represents the accused and includes all the evidence that supports the innocence of the person accused (the defendant) of a crime
what does the prosecution do?
includes all the evidence that supports the guilt of the accused person
define sequester
to remove someone or something from contact
what is an extrajudicial sanciton?
an extrajudicial activity put in place by the court system
define fair and equitable
when something is governed by rules that apply to everyone
what is justice?
fairness, rightfulness, equality under the law, and the administration of deserved punishments or rewards
what is a young offender?
someone under 18 who has broken the law
define criminal code of Canada
laws that apply to anyone over the age of 18 in Canada
what is community service?
a sentence requiring the offender to perform a certain amount of unpaid labor in the community
what is a criminal record?
a file that lists all of the crimes that a person has committed
define sentence
the punishment given to someone found guilty of committing a crime
define rehabilitation
to change negative behaviors into positive ones
define reintegration
allow youth to rejoin society in a positive way
define jury
a group of 12 citizens chosen to determine the guilt/innocence in a criminal trial
define juror
a member of the jury
what is a justice advocacy group
a citizen-led organization that helps offenders to reintegrate
define defense
the lawyer or lawyers whose job it is to probe in court that a person did not commit a crime
define prosecution
a government body that brings charges against a person accused of breaking the law
define victim
a person harmed, injured, or killed as a result of a crime
what is a sentencing circle?
a community-directed program for indigenous peoples that allow the victim and offender to have a voice, make amends, and provide the punishment
define justice system
administration of the law, deciding how laws are applied
what is the safe streets and communities act 2012
amendment to the YCJA where names of youth can be released if the offender poses a danger to the community
define court
a system that has the authority to make decisions based on the law
what is an extrajudicial measure
an action taken outside of the court as a consequence for an offender
what is the role of the police
to investigate, arrest, help victims and teach the community about safety
what is the role of justice advocacy groups
to stand up for the rights of those accused of criminal acts, and to strive for fair and equitable treatment for all in the justice system
what is the role of elders
to help guide youth, be role models and advisers, provide them mentorship and help to reintegrate youth
