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Chapter 2: To what extent is the justice system fair and equitable for…
Chapter 2: To what extent is the justice system fair and equitable for youth?
The Youth Criminal Justice act (YCJA)
LINK
IMPORTANT LINK - YCJA PRINCIPLES
Factors determining consequences:
Police, prosecutors, judges, and community volunteers and professional decide what happens to each young offender based on:
Seriousness of the offence
(Violent offence vs. Non-violent offence)
History
(Repeat offender vs. First-time offender)
Attitude
(Take responsibility for actions vs. Not)
Circumstances
(Extenuating circumstances)
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FUNDAMENTAL IDEAS BEHIND THE YCJA
Youth should
not be treated as adults
because they do not understand their actions in the same way as adults, their reactions and responses to situations are different, they are still forming their views, and they have a better chance of changing their lives
If you harm somebody or destroy something, you will face
consequences
Breaking rules is a shared
responsibility between society and the offender
A person is assumed innocent until proven guilty
Protect society and the innocent
Maintain social stability and security.
Ensure that those who break the law face appropriate consequences
Political Cartoons
JUSTICE SYSTEM
CRIMINAL CODE AND YOUTH CRIMINALS
Criminal Code of Canada
For Adults
Adult offenders
Adult court
Defines adult sentences, which can include long periods of imprisonment for some crimes.
Allows the publication of offenders’ names.
Creates a criminal record for most offenders.
Youth Criminal Justice Act
For children ages 12 - 17
Any ages younger than that, it is the parents responsibility and the parents are responsible for the offence
14 - 17 year olds can be sent yo adult court depending on the offence
Also involves counselling and community services
Protects the privacy of young offenders. News media may not publish their names unless they receive an adult sentence.
Allows most young offenders to avoid a criminal record.
OBJECTIVES OF THE YCJA (SIMILAR TO IDEAS
Prevent crime by addressing the circumstances underlying a young person’s offending
behaviour
Provide assistance or coping
Rehabilitate
young persons who commit offences and reintegrate them into society
Provide skills to make positive choices or participate positively in their community
Ensure that a young person is subject to
meaningful consequences
for their offence in order to promote a long-term protection of society
Personal apologies and reparation-connecting offender to their victim and crime
Justice for young persons is
separate from that of adults
and recognizes their reduced level of maturity
Youth are not as responsible for their actions and therefore do not receive the same consequences as adults
CHANGES TO CANADA'S YOUTH JUSTICE SYSTEM (2012 - Safe Streets and Communities Act)
New Definition of "Violent Offence"
The new expanded definition of "violent offence" in the YCJA includes offences that could endanger the life or safety of another person by creating a substantial likelihood of causing bodily harm.
A Pattern of Criminal Activity
determining whether a young person could be eligible for a custodial sentence due to a pattern of criminal activity. This will allow the courts to take the offender's full history into account when determining if a custodial sentence is appropriate.
Adult Sentences
The YCJA now requires that the Crown consider seeking an adult sentence for youth aged 14 and older who are charged with murder, attempted murder, manslaughter, or aggravated sexual assault.
Amended Police Record-Keeping Requirements
The YCJA now requires police to keep records when they impose extrajudicial measures, in order to make it easier to identify patterns of re-offending.
DIFFERENT OPINIONS ON JUSTICE SYSTEM
In Toronto, where Black citizens or People of Colour are 4% of the population, they account for as many as 40% of murder victims.
justice system treats Black people differently
Very high numbers of Black youth, especially males, report being stopped regularly or searched by police – approximately double the rate for white youth
Indigenous communities and people who may have mental disabilities also report unfair treatment at the hands of the police.
JURY RESPONSIBILITIES
They represent the citizen's voices.
They are the second thought, and give another round of thinking
A responsibility
Citizens that are willing to participate - this is a democratic society
have to be 18, have to live in province, can't have a criminal record
Justice advocacy groups
Elizabeth Fry Society
For women
Help indigenous people and black people, because a large percentage of the people who commit crimes are of this ethnicity.
John Howard Society
Helps men MAINLY
SEE JOHN HOWARD COGGLE
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