Criminal Justice YCJA Unit Test

Colonialism

The policy or practice of acquiring full or partial political control over another country, occupying it with settlers, and exploiting it economically.

Prosecution

• Evidence that supports the guilt
  of the person accused of a crime

• Crown Prosecutor represents the Crown (monarch)

• In some trials, the Crown is there to represent more than
  one person who is accusing another of a crime.

Community service

Help in the community performed as part of a sentence, such as assisting with a community clean-up or food bank

Criminal record

A permanent record of breaking the law, which is public information. A criminal record can bar you from some jobs, volunteer positions and travel to other countries. A list of a person’s previous criminal convictions.

Justice

Applying laws. To be treated impartially, fairly, properly, and reasonably by the law and by arbiters of the law.

Justice system

The institutions and procedures for applying laws in a society. The system society uses to uphold the law.

Legislation

Laws created through the legislative process. Written laws, or statues, created and passed by a governing body like a Parliament or legislature, forming rules of conduct for society.

Rehabilitate

To instill positive behaviours and attitudes. Reforming offenders through treatment, education, and training to address the root causes of crime.

Reintegrate

To make part of again.

Sentence

A consequence for a crime, such as imprisonment, determined by a court of law

Validity

Reliability, based on a critical assessment of source, facts and bias. Accuracy and truthfulness, ensuring evidence truly claim to be what they say.

Defence

• Evidence that supports the innocence of the person of a crime

• A Defence Lawyer is the person who represents the accused

• Includes witnesses and physical evidence (DNA, objects, etc.)

Sequester

• To remove from contact.

• To take possession of and hold in custody

• Jurors are sequestered in order for them to focus only on the evidence presented in the courtroom.

Fair

Applies to everyone, everyone gets the same thing.

Equal

Treating people according to their needs.

What years did the Juvenile Delinquents Act take place?

1908-1984

Juvenile Delinquents Act

• Children between the ages of seven and thirteen were not charged for criminal offenses.

• IF it could be proved that a child could form criminal intent, he or she would be tried and charged in the same courts as adults.

• Children 14 or older were tried in adult courts and were subject to the same penalties as adults.

• Children and teenagers were forced to serve their sentences alongside adult offenders.

What years did the Young Offenders Act take place?

1984-2003

Young Offenders Act

• Replaced the Juvenile Delinquents Act.

• Provincial offences were to be dealt with separate provincial legislation.

• Created a separate court system and process for dealing with crimes committed by youths.

• Minimum age of 12 and maximum age of 17 throughout Canada.

• Youth were to be “held accountable” and “bear responsibility for their contraventions.”

• This act recognized that young persons were not adults and that they should not “be held accountable in the same manner of suffer the same consequences as adults.”

What year was the YCJA made?

The YCJA was passed in 2002 and proclaimed law in April 2003.

Youth Criminal Justice Act (YCJA)

-Deals with people 12-17 in trouble with the law

-Allows some to face consequences like community service and counselling

-Prohibits adult sentence for 12-14 from getting adult sentences

-Allows adult sentence for 14+

-Protects privacy of youth unless given an adult sentence

-Allows the avoidance of a criminal record for most

Criminal Code of Canada (CCC)

-Deals with adults in trouble with the law

-Makes court the usual consequence

-Provides adult sentencing which can include long periods of imprisonment.

-Defines adult sentences-Allows publication of offender's names

-Creates criminal record for most offenders

What are the similarities between the CCC and YCJA

-Has consequences

-Deals with people in trouble with the law

What factors determine the consequences young offenders face?

-The Circumstance of the young person

-The Attitude of the young person

-The Seriousness of the offence

-The History of the young person

The seriousness of the offence

A violent offence is more serious than a non-violent offence, different consequences for different levels of offences

The history of the young person

Someone who's been in trouble before may face more serious consequences than a first-time offender

The attitude of the young person

A young person who takes responsibility for his or her actions will face less serious consequences than someone who does not

The circumstance of the young person

A young person's actions may relate to substance abuse, or to a situation he or she faces at home or in the community. He or she may need support from a social worker more than consequences from the justice system.

What consequences do young people face when they break the law if not charged?

-A warning (may include a letter to parents)

-Refers young person to a help program where they have to complete measures (Community service, counselling)

-If the help program is incomplete they go to court where they may receive a sentence or referred to a program

What consequences do young people face when they break the law if charged?

-If the crime is serious or other circumstances apply they go to court where they may receive a sentence or be introduced to a program

-Introduced to a program and they go to court if incomplete

What are the objectives of the YCJA?

-Prevent crime by addressing the circumstances of youth's offending behaviour

-Rehabilitate young offenders and reintegrate them into society

-Ensure youth is given meaningful consequences for the offence to promote the long-term protection of society

What are the responsibilities of jurors?

Canadian Citizen's duty to serve on the jury. If summoned, it is your responsibility to do whatever's necessary to appear at the courthouse on time. Employers have to give time off for jury duty, but doesn't have to pay. People can be excused from jury duty if demonstrating it would cause undue hardship.

Justice advocacy groups

Groups that work independently of government

What do justice advocacy groups do?

-Tries to solve the underlying reasons for crime

-Works with youth and adults offenders to help reintegrate them.

-Stands up for the rights of accused youth and adults

-Call for measures to improve the fairness of the justice system for the accused and those harmed by crime

-Focuses on restorative justice (helping adults and youth to return to their community)

What are the 2 justice advocacy groups in Canada?

The Elizabeth Fry Society and The John Howard Society

The John Howard Society

An advocacy group that works with all youth and adults in trouble with the law

The Elizabeth Fry Society

An advocacy group that focuses on justice issues for women and girls.

Sentencing circles

An Indigenous restorative justice hearing tribunal was conducted in collaboration with members of the community and the criminal justice system. The committee gathers to decide the fate of the youth.

• Youth Justice Committees are made up of volunteers to assist in youth reintegration.

• Act on the idea that breaking the law harms everyone in a community and the community must become involved in solutions.

Pardons

Relieved of some or all of the legal consequences resulting from a criminal conviction.

Sheriff/Court Officer

Gathers the jury and keeps order in the courtroom

Judge

• Interprets laws

• Assesses the evidence presented

• Controls how hearings and trials infold in their courtroom

• Impartial decision makers.

Court Clerk

• Swears in witnesses

• Opens and closes the court

• Sits in front of the judge

• Collects the evidence presented by the lawyer.

Court Reporter

• Sits near the witness box and records everything that is said.

• Also known as a stenographer - uses shorthand to take notes and rewrites the notes later.

Witnesses

• Members of the public who have some knowledge about the accused or the event.

• Swears under oath to tell the truth about what they have personally seen or heard.

• Help decide the outcome of the trial.

Lawyer

• Explains the law

• Proposes legal options for resolution of disputes

• Represents clients in court

• Usually specializes in a particular area (family law, property law, defence law, etc.)

Crown Prosecuter

• Represents the Crown/Monarch

• Can also represent the people (citizens)

Defence Council

Represents the accused

Defendant

The person accused of a crime

Jury

• Groups of citizens chosen from the community

• Sworn to hear evidence and witness testimony at trials

• Decides if the defendant (s) are innocent or guilty

• Made up of 12 people

• If you are 18 or older, you can be summoned to jury duty.

Interpreter

• Should a defendant or a witness need an interpreter, one will be provided to them

• There to translate for the person on the stand

Corrections Officer

• Officer sent from the prison to watch over the defendant

• Usually only there when dealing with serious crimes

What are the symbols of justice?

• Blindfold

• Scale

• Scroll or sword

What are the Extrajudicial measures?

-Community service

-Addictions counseling

-Mental health counseling

-Helping victims

-Restitution: paying for damaged property

*Only given for less serious crimes and if no previous criminal record exists

Who gets involved when a youth commits a crime?

• Police

• Prosecutor

• Judges

• Volunteers

• Professionals from the community

• Social workers

• Mental health workers

• Youth justice committee

• Sentencing circle

• Victims

• Parents

Miranda Rights

-You have the right to remain silent anything you say can and will be used against you in the court of law.

-If you start to speak but decide against it, you are not required to continue.

-You have the right to an attorney present during questioning. If you can’t afford one, the court will provide one prior to questioning.

What is the difference between a Crown Prosecutor and the Defense?

The defense represents the accused and the Crown Prosecutor represents the victim or the other party. The Crown Prosecutor represents the Monarch and the people.

Why do you think the YCJA was considered to be a necessary piece of legislation?

It is necessary cause there is a higher chance of more crime happening if the YCJA was not put in place. The youth are more likely to rebel, and the community and court will have to go through so much more than necessary. If anything happens to the youth in prison, that is a much bigger problem and concern.

Should the media have the ability to release a young offender’s name, regardless of the crime committed?

Yes, I think the media should be able to do that, it all goes down to safety. If people don’t know who they should look out for, how would they know? Especially if it is a young offender, if that child who committed a crime was someones classmate, the parents, teachers, and other kids should know so they can stay safe and be prepared to act if anything happens. The more people who know, the more action they cant take to either protect others or help the child who committed a crime. The court does not need to give any other details, or give the kid a criminal record, the name is the only thing they should give and the crime they committed. If people recognize that name, they should start seeing signs and beginning to ask questions or be careful. To protect the kid, they can have a limited time that the name can be out on. The news can channel can say it and carry that name around, but it is not allowed on any news website\link that can be there permanently. No other information and picture can be shared, name only or initials.