Transcript The Youth Justice System

The Youth Justice System
AGES OF CRIMINAL RESPONSIBILITY
Objectives of YCJA
 Created to address the complaints of the
Young Offenders Act
 Designed to improve the youth justice system by
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Promoting accountability, responsibility and consequences for
youth crimes
Supporting long-term solutions to youth crime
Reinforcing values such as respect, responsibility and
accountability
Respecting national and international human rights
protections for children
Streamlining and making youth justice more flexible so cases
take less time
Declaration of principle
 YCJA is criminal law
 Applies to young people aged 12 to 17
charged with Criminal code offences
 YCJA outlines how youths are to be dealt
with if charged under the Criminal Code of
Canada
 Anyone 18 or older who commits an offence
is considered an adult and faces adult trial
procedures
Who’s responsible?
Criminal Responsibility
 Under Juvenille Delinquents Act, the minimum age a
child could be charged with a crime was 7 years of
age
 Young Offenders Act raised it to 12
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Belief that anyone under age of 12 could not form
criminal intent and should not be dealt with under
the criminal justice system
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YCJA kept these ages even though there was pressure
to lower the age back to 7
Some upset that even children who commit serious crimes
could not be charged
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YCJA Changes
 YCJA changes include:
 Expand the role of rehabilitation for nonviolent,
repeat offenders
 Much stiffer penalties for violent youth crimes
 Community service time expanded
 More child-care, health, and educational services
available
 Giving non-violent offenders more rehab diverts
them away form court – prevents the offenders from being
drawn into courts and penalties
Fear of violent crime
 YCJA responded to fears about violent crimes
 Under the YOA, only 16 and 17 year old
offenders charged with murder,
manslaughter and aggravated sexual
assault could face adult sentences
 Now, any youth over the age of 14 accused of
a violent act can be treated and sentenced as
an adult
 Sentences are given out to offences that can be given
sentences of two or more years in jail
Reasoning
 Law makers believe
that lowering the age
limit will act as a
deterrent
 Help to prevent
violent youth crimes
from occurring
Rights of Youth
 Police do not have to arrest youths suspected
of breaking the law
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A shoplifter may be taken to parents
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Incident is recorded though should the child repeat the offence
Extrajudicial sanctions
-formerly called alternative measures programs
-designed to help youth learn from their mistakes in
order to avoid repeating them
-could be an apology, work to pay for damages, etc.
Alternative measures
Who’s involved
 From 1998 to 1999, 93 % of youths involved in
alternative measure programs were first time offenders
 70% committed property crimes
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Most common was theft under $5000
Next most common offence was mischief and common assault
To enter program, the youth must admit some involvement in a
crime
Not a confession and cannot be used as evidence against the youth
 Must be told of their right to consult a lawyer
 If progam is completed successfully, all charges may be dropped
against them
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