Juvenile Delinquent, Young Offenders, and Youth Criminal Acts

Flashcards about the Juvenile Delinquents Act, Young Offenders Act, and Youth Criminal Justice Act

Age 14

Young people were part of mainstream life by this age in the 19th century due to lower life expectancy.

Parens patriae

Latin term that places a moral obligation on the state to act as a surrogate parent when a child is neglected or misguided

Industrial Schools Act

Ontario Act passed in 1874 to serve neglected children, allowing incarceration of children under 14 guilty of petty crime in industrial schools.

Doli incapax

Latin term meaning incapable of evil/committing an offense.

Juvenile Delinquents Act (JDA)

Act that became law in 1908, establishing a justice system for delinquent youth and aiming to save destitute children from future criminality.

Status Offense

Encompassed a wide variety of behaviors including truancy, incorrigibility, and sexual immorality and were the main offenses under the JDA.

Court Judgements (JDA)

Possible judgements under the JDA include suspending the sentence, imposing a fine (parent), or committing the child to the care of a probation officer.

JDA Trial Conditions

Trials may be held in the private office of the judge. The identity of the convicted child were published in any newspaper. Sentences ranged from incredibly harsh to extremely lenient.

Youth Criminal Justice Act

Act passed in February 2002 to promote accountability, support solutions, protect public safety, and streamline the youth justice system.

Rehabilitation Programs (YCJA)

Expanded the role of rehabilitation programs for non-violent, violent, and repeat offenders and imposes supervision in the community for youths after custody.

Age 14 (YCJA)

Now any youth over this age accused of a violent act can be treated and sentenced as an adult.

Violations of provincial laws

Dealt with under provincial laws (drinking underage, traffic violations).

Rights of Youths

Police do not have to arrest youths who are suspected of breaking the law. Parents must be notified as soon as possible after their child is detained or arrested.

Extrajudicial Sanctions

Non-violent first-time offenders can avoid trial in youth court by participating in extrajudicial sanctions and must admit some involvement in the offense.

Arrest Rights

During an arrest, the police must advise that they do not have to make a statement, consult a lawyer, and have a parent present.

Arrest Outcomes

Can be imposed after arrest, such as curfews, no contact with victims/friends, release to parents, foster homes, or house arrest with electronic monitoring.

Trial Privacy

The public and media can attend trials involving youth. Names of 14-17 year olds convicted of serious violent crimes can be reported in the media.

Sentencing Consideration

The judge considers the needs and circumstances of each youth and the concerns of the victim and public safety.

Possible Sentences

Possible sentences include absolute discharge (first-time offenses), probation, fines (up to $1000), compensation to the victim, or secured custody (last resort).

Secured Custody

Freedoms are totally restricted with little or no community contact with barred windows and locked doors.