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young ppl law > youth ppl suck > Flashcards

youth ppl suck Flashcards

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1
Q

young offenders

A
  • ppl aged 12-17 years old inclusive who breaks the law, as defined under Young Offenders Act
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2
Q

youth criminal

A
  • person who’s 12-17 years old inclusive who is charged with an offence under the Youth Criminal Justice Act
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3
Q

juvenile delinquent

A
  • the historic term for a young offender or youth criminal
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4
Q

what did Stephen Harper lobby for?

A
  • harsher sentences for youths, in an effort to cut down on violent crime and repeat offenders. measures would act as deterrent
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5
Q

Youth Criminal Justice Act

A
  • current federal legislation that governs youth crime
  • 2003 act that provides tougher sentences for violent crimes and allows courts to consider general deterrence as youth sentencing objective
  • outlines how youths are to be dealt with if charged, while others only outline offences
  • does not apply to provincial laws (like liquor laws)
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6
Q

Juvenile Delinquents Act

A
  • 1908 act that young people who broke law were misguided juvenile delinquents, not criminals
  • seen as victims of poverty, abuse and neglect (parents had failed to raise them well)
  • objective was reforming and rehabilitation
  • people charged with “delinquency,”
    which was very broad
  • for people ages 7-16/7-18, Depending on province
  • youths rarely had lawyers in court, sentencing was left to judge’s discretion, thus large range in sentencing
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7
Q

Young Offenders Act

A
  • 1982 act that tried to make young offenders more accountable for their actions, and to protect society to a greater degree
  • recognized their charter rights
  • set age range as 12-17 years old
  • recognized that young offenders should not be held to same degree of accountability as adults
  • did not properly address serious/violent offences, overused court system, was too soft on offender and lacked clear philosophy on youth justice in Canada
  • some said it abused rights of young ppl
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8
Q

how are children younger than 12 dealt with?

A
  • they’re dealt with under provincial/territorial laws, such as child welfare legislation, or taken home to their parents for discipline
  • can also be placed in foster/group home or be sent to mental health facility if he/she has serious behavioural problems
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9
Q

declaration of principles in YCJA

A
  • purpose of youth criminal justice system is to prevent crime by finding out what causes offending behaviour, rehabilitate youths who commit offences, reintegrate them into society and ensure that they are subject to meaningful consequences for their actions to promote long-term protection of the public
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10
Q

1890s and youth law

A
  • until 1890s, there was no distinction between how adults and youth were treated by law
  • in 1892, criminal code was amended to try children separately from adults
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11
Q

changes in the YCJA

A
  • emphasis on keeping minor criminals offenders out of court by providing alternative youth sentencing options
  • less emphasis on custody as sentence for non-violent and less serious offences
  • youth criminals have additional rights due to their age
  • youth can’t go to adult court; all are tried in YJC
  • allowing adult sentences for violent crimes
  • identity publication for adult sentencing, but after sentencing
  • more community supervision for ppl that are in custody
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12
Q

do police have to arrest youths who are suspected of breaking the law?

A
  • nah. in many cases, they do not automatically charge a youth with an offence. must think if there are other ways to hold youth accountable
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13
Q

extrajudicial measures

A
  • measures other than court proceedings for non-violent, first-time youth criminals
  • designed to keep the matter out of the court system
  • under YOA, they were called alternative measures programs
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14
Q

alternative measures

A
  • programs under the Young Offenders Act for first-time, non-violent offending youth
  • to reduce amount of young ppl appearing in court
  • common offences include theft under $5000, possession of stolen property, failure to appear in court and breach of probation
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15
Q

extrajudicial sanction

A
  • a more serious punishment for youth criminals that does not create a criminal record
  • designed to help youths learn from their mistakes before receiving criminal records
  • cases don’t go through court system
  • includes apologies, counselling, special school programs, or community service orders (most common)
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16
Q

arrest and detention

A
  • for serious offences, popo must arrest youths
  • popo or person in authority must outline rights in language that youth understands, and must check that youth clearly understands them
  • must be told that they can consult lawyer, and to have a parent or other adult present during any questioning
  • youths who decide to ignore these rights must sign a statement or a waiver proving that they have waived these rights
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17
Q

if you do not say to popo search, can they assume that you don’t object?

A
  • yuuuuh
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18
Q

is a warrant needed for a school authority to search a student?

A
  • nope
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19
Q

searches

A
  • if there are reasonable grounds that youth has drugs, alcohol or a weapon, they can be searched. can also be searched if he/she is in process of being arrested
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20
Q

do youths have the same rights as adults to bail?

A
  • yuhyuhyuuuuhhhh

- but they may include curfews, adult supervision, and forbidding contact with people, like victims and certain friends

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21
Q

are youth generally released on their own recognizance?

A
  • nope
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22
Q

foster home

A
  • a home of an existing family where a young person is placed for care and rehabilitation
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23
Q

detention

A
  • as much as possible, youth offenders are kept separate from adult offenders
  • when charged w/indictable offences, youth can be fingerprinted and photographed. popo must destroy photos and fingerprints if youth is acquitted, the charge is dismissed or proceedings are discontinued
24
Q

who has access to youth court records?

A
  • victims, school administrators and the popo
  • records may be used in adult bail hearings and sentencing
  • after certain amount of time, documents are no longer available (time depends on type of offence and sentence)
  • records of youth who receive adult sentences are treated the same as adult records
25
Q

notice to parents

A
  • must be notified ASAP after their child is detained/arrested
  • encouraged to be present during all steps of the legal process
  • if child is found guilty, they must be given opportunities to provide input prior to sentencing
  • judge can order them to attend hearings, and parents who do not appear may be found in contempt of court, so the judge can issue a warrant for arrest
  • any parent/guardian who promises the court to supervise his/her child and who deliberately fails can face criminal charges
26
Q

is the purpose of the youth justice system to deal with offenders as quickly as possible and to let them return home quickly?

A
  • yuh
27
Q

publication of identities

A
  • YCJA lets public/media attend trials/hearings involving youths
  • trials/hearings may be reported, but identity of accused can be disclosed only under certain conditions
  • usually, the identity of a youth involved in the case as a witness or victim cannot be disclosed (applies to everyone)
28
Q

presumptive offences

A

a serious offence such as murder, attempted murder, manslaughter, aggravated assault, and repeat serious violent crimes

29
Q

publication of identities for presumptive offences

A
  • names of 14-17 year olds convicted of these can be reported unless a judge decides that doing so would affect rehab
  • their names and pictures can be published, although this is rarely done
  • if, at the beginning of the trial, crown tells court that they will not seek an adult sentence, the name of the youth cannot be reported/published
30
Q

adult sentences

A
  • no transfer to adult courts
  • youth over 14 accused of a violent crime (one that carries more than two year penalty in jail) can be treated and sentences as adults
  • acts as a deterrent
31
Q

first-degree murder for youth

A
  • max is 10 years
32
Q

second-degree murder for youth

A
  • max is 7 years
33
Q

all other offences where an adult would receive a life sentence

A
  • max is 3 years
34
Q

all other offences

A
  • max is 2 years
35
Q

did the YCJA require youth court judges to sentence youths convicted of serious offences as adults unless the youths could convince the court that youth sentences were more appropriate?

A
  • uh. yuh.
36
Q

in 2008 and beyond, does the crown now have to prove that adult sentences are appropriate?

A
  • hell yuh
37
Q

pre-sentence report

A
  • reviewed by judge during a sentencing hearing
  • prepared by probation officer or youth justice court worker
  • may include interviews with youth, parent(s) and victim, intention to change his/her conduct, records of school attendance/performance, history of any criminal offences, youth’s attitude towards offence, any background info providing insight into youth’s character, and medical/psychiatric profile if there is concern for the youth’s state of mind
38
Q

absolute discharges

A
  • for first-time offence if it’s relatively minor
  • when it is in their best interest and does not go against public good
  • youth has been found guilty, but no formal conviction is entered
  • if youth commits another offence, judge will see earlier discharge in pre-sentence report
39
Q

fines

A
  • max is $1000
  • judge must consider youth’s ability to pay and seriousness of offence
  • youth, not parent/guardian, must pay
  • youth may ask court to extend the payment deadline to work off the fine. if fine is not paid in a reasonable amount of time, the judge may place the youth in custody
  • fines may be paid with other sentences
40
Q

compensation

A
  • may have to pay money to the victim to make up for property damage or lost income
41
Q

personal/community service

A
  • personal: judges may order youth to work for victim, however, victim must agree. because victims are often frightened/angered by offence, they are not common. usually relate to property offences.
  • community: youths put something back into the community. cannot take more than 40 hrs and must be completed within 1 year
42
Q

police and community-based programs

A
  • help prevent youth crime
  • offers everything from recreational facilities to alternative measures programs for youths charged with drug-related offences
43
Q

why do young boys set fires?

A
  • 80% of the time: out of boredom/curiosity

- 20%: youth in crisis

44
Q

probation

A
  • placed under probation officer’s supervision for up to 2 years, no limit to amount of conditions
  • youths must receive copies of probation orders to be fully aware of their conditions
  • breaking its terms is an offence. leads youth back to court, may get longer sentence, including custody
  • conditions may include reporting to probation officer, attending school regularly, following curfew, remaining at home w/parents, not using alcohol/other drugs, staying away from malls/stores, apologizing to victim, performing personal/community service and keeping the peace/being on good behaviour
45
Q

custody

A
  • used when youths commit violent crimes and need supervision, and when they fail to comply with earlier non-custodial sentences
  • if youth turns 18 while in custody, correctional officials may apply to have offender complete sentence in an adult facility
  • youth in custody is not eligible for parole or time off for good behaviour
46
Q

open custody

A
  • includes limited and supervised access to their community
  • designed for rehabilitation
  • include foster/group homes, childcare facilities and residential wilderness camps
  • youths attend the school closest to their facility
47
Q

group homes

A
  • a home that houses several youth criminals for a set time period for rehab
48
Q

in foster homes…

A
  • youths are given a few restrictions
  • foster parents receive payments from the provincial government for their services
  • parents are usually genuinely interested in children and youths but have no special training
49
Q

in group homes…

A
  • trained staff operate them
  • link with community resources such as schools and rehabilitation programs
  • youth may also be placed with the Children’s Aid Society or a suitable government department
50
Q

secure custody

A
  • for youths who commit serious violent offences or who have a history of offences
  • last resort, as freedom is totally restricted with little outside contact
  • usually have barred windows and locked doors
  • some are located in separate wings of adult jails or prisons in isolated rural areas
  • youths and adults are totally separated
  • important goals are upgrading education and skills training
  • youth may be granted a temporary absence or day release for school or medical/family reasons
  • often go to open facilities to finish their sentences
51
Q

custody is followed by…

A
  • community supervision, usually about half the length of custody
52
Q

appeals

A
  • similar rights to appeal as adults

- both the convicted offender and the crown has the right to appeal

53
Q

reviews

A
  • YCJA allows for court review of all sentences, which may be requested by youths, their families, or provincial authorities
  • application for a review may be made up to 6 months after sentence is imposed
  • the situation of any youth In custody for more than 1 year is automatically reviewed at the end of each year to reflect any progress the youth may make
  • judge conducting review may keep or reduce the sentence, but never increase it
  • youth avoids having to complete full sentence if his/ her behaviour shows evidence of reform
54
Q

results of extrajudicial sanctions

A
  • ppl who successfully complete have all charges dropped
  • those who fail to complete can be tried on the o.g. charge in a youth court
  • youths can refuse, and if they have a valid defence, they should choose to be tried in a youth justice court
55
Q

most common extrajudicial measures

A
  • taking no further action and returning the youth to his/her parents/guardian
  • giving an informal warning and explaining the consequences
  • giving a formal police caution indicating the seriousness of the offence
  • giving a caution from a crown attorney (given after police refer case to the crown)
  • referring youth to community programs
  • referring youth to extrajudicial sanctions programs
56
Q

youth rights in extrajudicial sanctions

A
  • youth must admit to having some involvement in the offence, such as being in the area (not confession of guilt)
  • cannot be used as evidence in any later court appearance
  • youths must be told of their right to consult a lawyer before they take part in a program

young ppl law (1 decks)

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