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What is diversion in youth justice?
Diversion is the practice of addressing youth offending outside the formal court system in order to promote rehabilitation and reintegration rather than punishment.
What is police discretion?
Police discretion is the authority police have to decide how to respond to an offence, including warning, diverting, charging, or detaining a youth.
What are extrajudicial measures under the YCJA?
Extrajudicial measures are informal responses to youth crime, such as warnings, cautions, or referrals to community programs, used instead of court processing.
What are extrajudicial sanctions?
Extrajudicial sanctions are more formalized diversion responses that occur outside court and are used when extrajudicial measures are insufficient
they sit between informal measures and formal court processing.
What philosophy supports diversion programs?
The belief that youth are better rehabilitated through community-based responses rather than formal court involvement
What must police consider before charging a youth under the YCJA?
Whether a warning, caution, or diversion program would be sufficient to respond to the offence.
What is surveillance in criminal justice?
The monitoring and tracking of individuals by the state to observe behaviour and detect potential criminal activity
What are legal factors in police decision-making?
Factors directly related to the offence, such as seriousness of the crime, harm caused, and prior criminal record
What are extralegal factors?
Influences on justice decisions that are not legally relevant, such as race, class, demeanour, or neighbourhood context.
What is racial profiling?
Law enforcement practices that target individuals based on race rather than evidence of criminal activity.
What is carding?
The police practice of stopping individuals and collecting personal information even when no specific crime is being investigated
What is over-policing?
Excessive police surveillance and ENFORCEMENT in certain communities, often targeting racialized or low-income groups.
What is under-policing?
Insufficient law enforcement response to victimization experienced by certain groups
What is differential involvement?
The idea that minority groups experience more police contact because of higher involvement in criminal behaviour.
What is differential treatment?
The idea that minority groups experience more police contact because of discrimination within the justice system
What is sticky stigma?
The concept that criminal justice stigma can spread to friends, family members, and social networks.
What is stigmatization?
The process by which individuals labeled as deviant or criminal experience negative social consequences.
What is net widening?
When policies intended to reduce justice system involvement unintentionally expand state control over more individuals.
What is restorative justice?
A justice approach focused on repairing harm through dialogue between offenders, victims, and the community.
What is mediation in youth justice?
A process where a neutral third party helps the victim and offender reach a resolution to repair harm caused by the offence
What is restitution?
Compensation paid by the offender to the victim to repair harm caused by the crime.
What is reconciliation in restorative justice?
A process in restorative justice where victims and offenders address harm and rebuild relationships through dialogue.
What is reintegrative shaming?
Condemning the harmful act while encouraging the offender to remain part of the community.
What is disintegrative shaming?
A form of punishment that humiliates and stigmatizes the offender, potentially reinforcing criminal identity.
What is a youth justice committee?
A community group that helps implement diversion programs and supports youth reintegration
What roles do youth justice committees perform?
Facilitating mediation, advising on diversion programs, and connecting youth with community resources.
What is pretrial detention?
Holding an accused youth in custody before trial or sentencing even though they have not been convicted.
Why is pretrial detention sometimes called “dead time”?
because an accused person is held in custody before trial, losing time while waiting for their case to be resolved despite not being convicted.
What are the three grounds for detention before trial?
The three grounds for pretrial detention are primary (ensuring court attendance), secondary (protecting public safety), and tertiary (maintaining confidence in the justice system).
What is judicial interim release?
The release of an accused person into the community under conditions while awaiting trial, commonly known as bail.
What is a responsible person in bail decisions?
An adult who agrees to supervise the youth and ensure they follow bail conditions.
What are administration of justice offences (AOJOs)?
Offences involving violations of justice system rules, such as failing to appear in court or breaching bail conditions
Why are AOJOs controversial in youth justice?
They often punish technical violations rather than serious crimes and increase youth justice involvement.
What is the Integrated Criminal Court Survey (ICCS)?
A national database collecting information about criminal court cases, charges, and sentencing outcomes in Canada
What is common assault under the Criminal Code?
Applying force to another person without consent or threatening to do so.
What populations are overrepresented in youth detention?
Indigenous youth, Black youth, and marginalized youth.
Why are homeless youth more likely to experience detention?
Because they often lack stable housing or responsible adults to supervise them if released.
Why can bail conditions create problems for youth?
Youth may be given strict or numerous conditions that are difficult to follow, increasing the risk of violations.
What factors most influence police charging decisions?
Offence seriousness, harm caused, weapon involvement, prior police contact, demeanour, victim preference, and parental involvement
How does demeanour affect police decisions?
Youth who appear cooperative and remorseful are more likely to receive warnings or diversion.
How can parental involvement influence police decisions?
Police are more likely to release or warn youth when parents appear cooperative and concerned
What is labeling theory?
Labeling theory argues that being formally labeled as deviant or criminal can change how others treat a person and how the person sees themselves, increasing the likelihood of continued offending.
What is primary deviance?
Primary deviance refers to minor or occasional rule-breaking that does not significantly affect a person’s identity or social status.
What is secondary deviance?
Secondary deviance occurs when a person internalizes a deviant label and continues offending as a result of stigma and social exclusion.
What is stigma in criminal justice?
Stigma is the negative social judgment attached to individuals who are labeled deviant or criminal.
What is criminal stigma?
Criminal stigma refers to the long-term negative label attached to someone who has been processed through the justice system.
What is system avoidance?
occurs when individuals who have had negative experiences with authorities avoid institutions such as schools, hospitals, or police.
Why can justice system contact increase future offending?
Justice system contact can reinforce criminal identities, increase stigma, and limit access to conventional opportunities.
What is the minority threat hypothesis?
The minority threat hypothesis suggests that increases in minority populations can lead to increased social control and policing of those groups.
What is structural inequality in the justice system?
Structural inequality refers to social systems and institutions that produce unequal outcomes for different racial, social, or economic groups.
What is systemic discrimination?
occurs when policies or practices within institutions produce unequal outcomes for certain groups.
What is institutional bias?
refers to patterns of unequal treatment that result from institutional practices rather than individual prejudice.
What is the concept of risk in criminal justice?
Risk refers to the likelihood that an individual will commit a future offence or fail to comply with justice system rules.
What is risk assessment?
process used by justice system actors to estimate the likelihood of reoffending.
What is risk-based decision making?
involves using assessments of future risk to guide justice system responses such as detention or release.
Why are risk assessments controversial?
Critics argue they may reinforce social inequalities and rely on factors linked to poverty or marginalization.
What is actuarial justice?
Actuarial justice refers to decision-making based on statistical predictions about risk rather than individual circumstances.
What is incapacitation?
Incapacitation is a strategy that prevents crime by physically restricting an offender’s ability to commit offences, usually through incarceration.
What is deterrence?
Deterrence is the idea that punishment discourages individuals from committing crimes.
What is specific deterrence?
Specific deterrence aims to discourage the individual offender from committing future crimes.
What is general deterrence?
General deterrence aims to discourage others in society from committing crimes by making an example of offenders.
What is rehabilitation in youth justice?
Rehabilitation focuses on addressing the causes of offending and helping youth reintegrate into society.
What is reintegration?
Reintegration refers to helping offenders successfully return to their communities after justice system involvement.
Why is reintegration important for youth?
Youth are still developing socially and psychologically, so maintaining community ties can reduce future offending.
What is the purpose of youth sentencing principles?
is to guide sentencing in a way that promotes accountability, rehabilitation, and reintegration while using the least restrictive and proportionate measures.
Why does the youth justice system emphasize rehabilitation?
Because young people are considered less blameworthy and more capable of change than adults.
What is proportionality in sentencing?
the punishment should reflect the seriousness of the offence.
What is accountability in youth justice?
youth should take responsibility for the harm caused by their actions.
what is community-based sentencing?
form of punishment where the offender remains in the community under supervision or conditions rather than being placed in custody.
What is probation?
a court order requiring an offender to follow certain conditions while living in the community.
What is a custodial sentence?
A custodial sentence involves placing an offender in a correctional facility.
Why is custody used sparingly for youth?
Because youth have diminished culpability, a greater capacity for rehabilitation, and incarceration can harm development and increase future offending.
What is recidivism?
refers to the repetition of criminal behaviour by an individual after they have been previously processed or sanctioned by the justice system.
What factors reduce recidivism among youth?
Positive family support, education, employment opportunities, and community connections.
What is the school-to-prison pipeline?
The process where school disciplinary practices push students—especially marginalized youth—out of school and into the criminal justice system.
What role do schools play as protective factors?
Schools provide supervision, structure, and social support that can reduce delinquency.
What is peer influence in youth crime?
Youth are strongly influenced by peers, and association with delinquent peers increases the likelihood of offending.
Why are peers important predictors of delinquency?
Because youth learn behaviours and attitudes through interaction with friends.
What is social learning in crime?
Crime is learned through interaction with others as well as reinforcement and imitation, where behaviour is continued if it is rewarded or not punished.
What is differential association theory?
Crime is learned through interaction with others, especially close peers, where individuals acquire techniques, motives, and attitudes that support criminal behaviour.
What role does opportunity play in crime?
Crime often occurs when opportunities arise in situations with weak supervision or guardianship.
What is situational crime prevention?
Strategies that reduce opportunities for crime by increasing guardianship or reducing target attractiveness.
What is guardianship in crime prevention?
refers to the presence of people or systems that discourage crime.
What is a suitable target?
is a person or object that appears vulnerable or valuable to a potential offender.
What is a motivated offender?
is someone willing to commit a crime if the opportunity arises.
What is the relationship between victims and offenders?
Research shows that victims and offenders often share similar risk factors and environments.
Why are youth considered a vulnerable population in justice systems?
Because their development, social environment, and decision-making abilities are still evolving.
Why do youth justice policies emphasize early intervention?
ADDRESSING risk factors early can prevent CONTINUED involvement in crime.
What is early intervention?
Programs designed to identify and address behavioural problems before they escalate into criminal activity.
Why are community programs important for youth?
They provide positive role models, SOCIAL support, and alternatives to delinquent behaviour.
What is harm reduction in youth justice?
Strategies aimed at minimizing harm caused by risky behaviour rather than focusing only on punishment.
What is youth outreach?
Programs that connect at-risk youth with support services and community resources.
What is the role of counselling in youth justice?
Counselling helps youth address underlying issues such as trauma, substance use, or mental health challenges.
Why is mental health support important in youth justice?
Many youth involved in the justice system experience mental health challenges that contribute to offending.
What is the goal of youth justice overall?
To reduce crime by holding youth accountable while promoting rehabilitation, reintegration, and long-term positive development.
What is the concern about accountability in diversion according to Justice David Cole?
Diversion decisions are made outside open court without formal evidence or transparency, which may compromise accountability despite being efficient.
Why can diversion raise concerns about due process?
Because decisions are made informally by police, youth, and sometimes parents, without the safeguards of a formal court process.
What assumption does the justice system make about community-based programs?
That all communities have equal capacity to provide and support community-based programs and services.
What is the trade-off in diversion programs?
They are more efficient and less stigmatizing, but may reduce transparency and accountability.