Studied by 5 people
Justice
The enforcement or determination of rights according to the law.
justice system
The institution and procedures for applying laws in society.
YCJA and the Criminal Code of Canada
justice system be fair and equitable
Governed by rules that apply to everybody, taking into count individual’s needs and wants.
A lot more prone to this in the YCJA than the Criminal Code of Canada, circumstances matter.
fundamental principles of justice in Canada and other democratic countries
A person is assumed innocent until proven guilty
If you break the law, the court will decide your fate
YCJA
makes young offenders face meaningful consequences like counseling or community service
protects privacy of young offenders, not letting the media publish their name
allows young offenders to avoid a criminal record.
who does the law apply to in YJCA
Youth criminal justice act for anyone who is 12 to 17. Extreme cases, 14 and up receive an adult sentence.
Criminal code of Canada
law defines the consequences that adults face for criminal offences
community service
Help in the community as a part of their sentence
If you do not do community service, you will get into more trouble
example: community clean-up, or help at a food bank
Criminal record
A permanent record of breaking the law, which is public information.
Can bar certain jobs, volunteer work, or travelling to other countries.
Everyone can see it
Sentence
Any consequence for a crime, like imprisonment, determined by a court of law
Consequences for breaking the law as a youth
Makes young offenders face consequences like counseling
Extrajudicial measures
Extra effort that is put in to helping the child to rehabilitate
Consequences for breaking the law as a adults
They have to go to court as a regular consequence
defines adult sentences, including long periods of confinement or imprisonment for certain crimes
allows adult’s names to be published
creates a criminal record for adult offenders.
name is published in media as a youth
The offender’s name cannot be published if they are the ages 17 or under
name is published in media as an adult
The offender’s name can be published through the media
criminal record for a youth
Most offenders cannot get a criminal record
offender can get one if they are the age of 14 or older and committed a serious crime
criminal record for a adults
It creates a criminal record for offenders
prohibits
not allowed
When does the judge allows adult sentences for youth
Depending on the seriousness of the crime and earlier offences of the young person
Over the age of 14 who committed a serious crime
change from the Young Offenders Act to the YCJA
The YOA, all the youth were charged, even if it was minor. Back then, there was a whole backlog of offenders, so they did not look at their case and just sent them to jail. It was expensive to hold all of them in juvenile detention centers and for human resources.
The YCJA attempts to handle the situation by considering the victim and making meaningful consequences to the offender.
The YCJA’s purpose is rehabilitation (heal them) and reintegration (bring them back into society normally)
Youth’s punishment for crime being considered by the…
Intensity of the crime
History of the offender
The attitude of the offender
How is the offender acting at every point of the sentencing process (are they kind, are they mean?)
The personal life circumstances of the offender
They will look at the home life of the child (is there abuse, peer relationships)
4 objectives of the YCJA
Prevent crimes by addressing the circumstances underlying the young individuals offending behavior
Rehabilitation
What it means: for example, a young person may need counseling for drug abuse if they had family issues
Rehabilitate a young offender and reintegrate them into society
Rehabilitate
What it means: providing young offenders with skills to make positive choices in the future so they find ways to participate in the community
Ensure the young person has a consequence that is suited for the crime they committed to promote the long-term protection of society
What it means: for example, an offender should explain to the victim why they did it and repair the damage
The offender needs to see what they did wrong (find empathy)
The YJCA is separate from adults, as they recognize the different levels of maturity
What it means: young offenders are not as responsible for their actions as much as adults, so they should not receive as big of a consequence
rehabilitate
To instill positive behaviors and attitudes
reintegrate
To make part of again
meaningful consequences
Relates to their crime, like explaining and repairing the damage they have caused to a victim.
Punish the offender so they never do it again
jury
A group of 12 people that decide on whether the defendant is guilty or not
usually the people are random to create an unbiased decision whether the defendant is innocent or guilty.
eligible for jury duty, requirements
18 years or older who is a Canadian citizen
people convicted of crimes may not be eligible
The citizen must make it to the courthouse on time, find the transportation, taking time off work or classes, and rebooking appointments
The citizen can only be taken off if demonstrate that it undoes their hardship
An employer must give you time off, however, they do not need to pay you.
2 teams trying to persuade the jury
The defendant and their lawyer:
provides the evidence that proves the individual innocent of committing a crime
lawyer represents the accused person and defends them
The defense can be witnesses and physical evidence
The prosecutor for the crown:
(crown = government)
shows evidence to prove that the individual is guilty of the crime
sequestered
It means to remove contact (isolated)
Juries being sequestered
juries are isolated to make sure they only take the evidence presented in the courtroom is taken into consideration
oath
to make a promise
oath in the courtroom
They have to promise to use only courtroom evidence and the law to make a decision.
Canada: “to use only evidence and the law to reach a verdict
jurors being rewarded
They get food and a place to stay if it lasts long than a day.
If they have to travel over a long distance (over 100km), gas is covered
They get $50 a day.
two groups that are justice advocacy groups
John Howard Society – both proactive and reactive, it helps everyone. It will look at at-risk areas to try and help youth that are already susceptible to crime. It will also help people once they have been in trouble with the law
Elizabeth Fry Society – only deals with girls and women, also babies if they have babies. They help people who have been in trouble with the law to reintegrate them into society
Youth Justice Committee
Reintegrate into society helping found jobs they sit in on justice circles, in a youth justice committee their focus is their community members or experts who have a position how can we support a child without sending to court but the consequences are still meaningful
Elders in the justice system
Elders are respected for their experience and knowledge, and for acting in the best interests of their entire communities.
They try to help criminals reintegrate into society, this would involve a criminal’s to find jobs, and a better lifestyle overall.
young offender’s rights
stay silent until guardians arrive
phone call
lawyer present
parent present
you can opt in for court for judges/jury to prove your innocence
