CHAPTER TWO TWO WHAT EXTENT IS THE JUSTICE SYSTEM FAIR AND EQUITABLE FOR YOUTH?

Fair and equitable – governed by rules that apply to everyone BUT ALSO takes into account individual needs and circumstances

FOCUS QUESTIONS

How effectively does the justice system protect the innocent, and ensure that those who break the law face APPROPRIATE consequences?

How does Canada’s justice system and the Youth Criminal Justice Act attempt to treat young offenders fairly and equitably?

What role does Canadian citizens and organizations play in the fairness and equity of Canada’s justice system for youth/

What does justice mean?

YOUTH JUSTICE VS ADULT CRIMINAL CODE

Take a look at the diagram on page 64. In pairs make note of the differences between

The Criminal Code of Canada and the Youth Criminal Justice Act.

THE YOUTH CRIMINAL JUSTICE ACT

The YCJA became law April 1, 2003. The Canadian government created the Act to response to young people who get in trouble with the law. The Act outlines how police, alternative programs, the court system and the corrections system will respond to a youth who is accused or found guilty of breaking the law.

The YCJA applies to all young persons in Canada who are 12 to 17 years of age. The act also applies to youth over 18 IF the act was committed while they were still under 18.

WHAT IF YOU ARE UNDER 12?

Initially there is nothing really done. You may be in trouble with your parents, the school, the police may talk to you.

A social worker may get involved IF the crime was serious enough

The child may be removed from the home and placed in a group home IF the crime was of a ‘serious nature’

May have to seek counselling or community programs

KIMBERLY PROCTOR

http://www.vanityfair.com/culture/features/2011/10/world-of-warcraft-text-murder-201110

http://www.huffingtonpost.ca/2013/01/10/kimberly-proctor-murder-youth-criminal-justice-act_n_2446626.html

CONNECT THE BIG IDEAS. PG. 65

Using question one on page 65, make a flow chart which chronicles the process of a youth who has committed a crime using the comic at the opening of the chapter.

GOALS OF THE YCJA

One of the key goals is to increase the use of non-court responses to less serious youth crimes. These extrajudicial measures means that youth avoid going through the formal court process

This allows for early intervention and allows communities to deal with youth crimes in unique ways

Examples: Painting over graffiti

Counselling with the victim

Community conferences/volunteer services

This allows for the court to focus on more serious youth crimes.

WHAT MAKES AND OFFENSE LESS SERIOUS?

Tagging buildings around town * Selling drugs (prescription)

Stealing a CD from the HMV * Drinking and driving

Vandalizing school property * Carrying a firearm

Animal abuse * Driving without a license

Selling drugs (cocaine/pot) * Robbery

Break and enter/home invasion * Murder/ manslaughter

Rank the following in order of least serious to most serious offence

WEIGH IT OUT

Pick four offenses that deserve to go to court

Pick four offense that do not deserve to go to court

YOUTH JUSTICE COMMITTEES

YCJ committees are groups of community members who volunteer to work with youth who are in trouble with the law.

In addition they also inform the community on the YCJA and advise the provincial and federal governments as to the rights of the youth and if they are being protected.

CLASSIFICATION OF OFFENSES

Summary Offense Less serious offenses. Examples include trespassing at night, causing a

disturbance, breaching probation

Indictable Offense More serious. Examples include robbery, break and entry and theft over $5000

Hybrid Offense The Crown has a choice as to which offense will be chosen. Examples include

mischief to property, theft under $5000

VICTIMS OF CRIME

The YCJA states that victims should be treated with courtesy, compassion and respect, and that their privacy should be respected.

The victim may provide statements, be interviewed or appear in court

SENTENCING

According to the YCJA the purpose of sentencing is “to hold a young person accountable for an offense through the

imposition of just sanctions that have meaningful consequences for the young person and that promote his or her rehabilitation and reintegration into society thereby contributing to the long-term protection of the public.”

But does this happen??

WHAT FACTORS DETERMINE THE CONSEQUENCES YOUNG OFFENDERS FACE?

The seriousness of the offense

The history of the young person – first time offender vs repeat offender?

The attitude of the young person – taking responsibility for your actions will result in less serious consequences

The circumstance of the young person – What is their home life like? Mental health issues? Substance abuse issues?

CASE STUDY: ASHLEY SMITH

http://www.cbc.ca/fifth/episodes/2009-2010/out-of-control