Youth in Court Flashcards
1
Q
Canadian Court System:
A
- Indictable cases get heard to superior court
- Precedence only sets it for the PROVINCE not COUNTRY
- Criminal cases: “as of right” is if a decision was made in one country and a different
decision was made in another court. It automatically goes to superior court - Provincial Court (Youths) is always at the lower level
2
Q
Law: Important Distinctions
A
- On Informal level: right and wrongs who is to blame, who is responsible, who is innocent
or guilty? - Factual guilt vs legal guilt (imp difference; not the same) the threshold is legal guilt. Legal
guilt is the findings by the rule of law - Courts: charges laid; and definition of law is this person guilty of these charges laid
against them? Ex. You get charged of 1st degree murder, are you guilty of it and can it be
proven in court? If not, you are found not guilty. - Evidence needs to prove charges ( as legally written)
- Arguments: deductive (if the premises is true, then the conclusion is true as long as both
are connected it to each other. If the evidence is true and connected to the person,
therefore the conclusion must be that the person is guilty) and specific
3
Q
Legal Charter Rights- Courts:
A
- Sec. 11 Any person charged with an offence has the right to
- (a) be informed of offence police stage
- (b) be tried within a reasonable time if it’s not seen in court in a reasonable time, the
court has to drop the case - (c) not to be compelled to testify in court if you are accused of a crime, you don’t need
to testify on your behalf. It’s up to the state to prove you are responsible - (d) to the presumption as innocent until proven guilty (except possession) possession of
stolen goods and possession of drugs. You should be aware of what you are in
possession of. Can’t use the excuse of I didn’t know. - (e) be denied bail without just cause if they deny or release you on bail, they have to
have just cause to hold you in detention.
4
Q
Legal Rights- Special Protections for Youth
A
- Language that is age-appropriate
- Lawyer and presence of lawyer with police questioning (adults do not) for adults, in
Supreme Court said they don’t need it. You can call a lawyer before you get questioned - Have adult (parent/guardian) present when making statements to police
- Right to privacy (media publication bans)
5
Q
Role of the Crown (prosecutor)
A
- Balancing roles: obtain justice & exercise discretion police have discretion on cases
whether to go forward. The crown also has discretion. Most of the work for youth is
done outside the courtroom because of the judicial measures to keep kids out of court.
Adults work is done in court. - Legal proof of facts (fairly and legally)
- Ensure justice served figure out how to do it in a meaningful way
- Ability to use discretion has to use their own discretion in the criminal justice system
- Consider level of youth & meaningful consequences (YOA). Their maturity, the crime
they committed, their abilities, thinking about the protection of the public as well.
6
Q
Crown- Youth (Common Work Requirements)
A
- A) Give advice to police (during investigation and other)
- Except in BC where they screen before the police do
- B) Screening files & gather information
- C) Knowledge of community programs (EM/ES; organize & supervise; formalize EM/ES)
- D) Negotiate plea resolutions (bargains)
- Bargain to plead guilty for a lesser charge. Also, they use the most amount of
charges to get them to plead guilty. - E) Participate in conferences (pre-trial and sentencing)
- F) Set dates (conferences; court; meetings)
- G) Make court appearance
- If they are being held in detention, the Crown has to put it through trial. Not a lot
of youth and adults go through trial process
7
Q
Other work requirements (Crown with Youth)
A
- Youth availability for EM/ES when the youth is available for sanctions, factors have to
disclosed to be able to defend in court - If trial: disclosure to defence
- If convicted: position on sentence
- Adult sentence: whether to seek (early)
- Have to apply for it early in the process so that the youth (age 14 and older)
knows they are trying to get an adult sentence, prepare for it so it takes longer
for it to go through. This way they can elect their trial by jury
8
Q
Charge Screening (Crown)
A
- “screening”: make decision for each case (like police discretion)
- Functions: hard to find witnesses, they aren’t co-operating
- Prospect of finding guilt
- Public interest is it for protection of society
- Charges- make sure right ones
- Police investigation (complete) complete have a better chance at finding
someone guilty
9
Q
Factors influencing crown screening
A
- Culpability of defendant: belief in guilt of accused (most important*- whether
adult/youth) - Evidence: sufficient for plea or trial
- If theres not enough for trial, it may get dropped
- The strongest evidence is when someone admts to the crime
- Priority cases (violence (before property crimes even though property crimes are more
common), prior record (for those that aren’t 1st time offenders), specific crimes, victim
relation (stranger relationship, witnesses involved are more likely to testify which will
have a higher chance of trial) )
10
Q
Role of defence/duty counsel
A
- Opportunity to consult legal advice
- Legal aid plans: extensive and elaborate systems for youth
- If the parents have income and applies for legal aid and it doesn’t work, the
youth will still get legal aid and be there for all stages except for trial. It’s paid by
the state - Provincial variations
- Ontario: there’s duty counsel, the responsibility of providing legal advice in every
stage but trial
11
Q
Role of duty counsel (Ontario)
A
- “duty counsel”- first appearance
- Purpose: explain to youth (procedures, outcomes, etc) what to expect when they are
interrogated by police, explanations to the guardians, address the act if they go to court,
if they are released on bail) - Act on behalf of youth in court
12
Q
Role of duty counsel/defence:
A
- A) if charge is serious (may be detained)
- Until they go to court
- Inform of options
- Contact people to supervise (“surety”- important for youth)
- Youth will not be released without and has to be under a supervised adult
- Patt King’s surety was met 2 weeks ago and didn’t get released. It has to be
someone that is connected to you and more than 2 weeks ago - Examine witnesses
- They have to find out about evidence that may be used at bail hearing/release
hearing and want to be informed of that information before that stage - Advocacy for bail
- If it’s serious, you won’t get released on it’s own, usually on payment. Less
serious cases get released on your own - B) crown agrees to EM/ES
- If it reaches the trial, more likely sanctions
- Review procedures & options with youth
- Consent: get from youth for program (EM/ES)
- Negotiate (proposed sanction)
- Court: speak in court on youth’s behalf
- Gets approved/recorded in court. Most likely for 1st offenders
- C) EM/ES not offered- youth wants to plead guilty
- Review facts: understand significance
- Advise: what will happen (process/outcomes)
- What your sentence may possibly be
- Mitigating factors: provide to court (more lenient)
- Being in school, having good attendance in school
- For adults: having a job
- Judge sentencing
- Will set a date for sentence, pre-sentence court and then announce what that
sentence is
13
Q
Role of defence
A
D) no EM/ES- Youth wants to plead guilty
* Initial court appearances, arrangements for trial
- Arraignment. There is no innocence in court so it’s either guilty or not guilty
* Trial: need a defence lawyer
- This is where duty counsel duty’s end
* Legal aid (need to apply)
14
Q
Transfer to Adult Court- YOA
A
- Indictable offence: serious offence (6 months + prison; $5,000+ fine)
- Initially by application (by Crown)
o Has to be early in the process and has to applied for - 1996 changes
o 14-year-old: transfers
o 16 and 17-year-olds: automatic transfer
▪ Unless they committed a summary offence
o Offences (four): presumptive offences- murder, manslaughter, attempted murder
and aggravated sexual assault
o Reverse onus: youth
▪ On them to stay in youth court and shouldn’t be transferred to adult
court. Less likely to get rehabilitation as a part of their sentence and
especially at their age, you want the ability to get them in rehab. When
they end up in adult court, it’s more punitive.
15
Q
(Transfers to) Adult Court- YCJA
A
- Remain in Youth Court: w/ adult sentences
- Crown establish early in process (elect trial by jury)
o More likely to be heard in superior court because there is not jury in lower court
o In Canada, you can only elect trial by jury if it’s 5+ years in prison - Attorney General may apply
- Offences (most sought): murder, attempted murder, manslaughter (more common but
not that common) & aggravated sexual assault (not common among youth) - Additionally: twice guilty of committing serious violent offence
o Even if tried as an adult, the rehab part will still be apart of it
16
Q
Youth Court Cases
A
- Statistics Canada
- Year: 2014/15 (match A&S)
- Reference year (April 1 to March 31) this is when court starts and ends
- Youth court attendees
o Gender (Males-greater proportion- 77%; ranges from 75 to 80%)
