Transcript YOUTH CRIMINAL JUSTICE SYSTEM

YCJA
THE YOUTH CRIMINAL
JUSTICE SYSTEM
JOHN HOWARD SOCIETY
ROLE IN THE CRIMINAL JUSTICE SYSTEM
• Provides public education about the law, especially
the YCJA, consequences of crime and the impact of
crime on community, victims and offenders
• Work with adult and youth offenders to help
reintegrate them back into the community
• Call for fair and humane measures in our criminal
justice system
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HISTORY OF YOUTH
JUSTICE IN CANADA
• Canadian Criminal Law is derived from
English Common Law and provided the
framework for the treatment of young people
who broke the law in Canada
• No separate system for young people
THE JUVENILE
DELINQUENTS ACT (1908)
• Applied to children age 7 to a maximum age
that varied from province to province
• Created a separate juvenile justice system
with separate courts to concentrate on the
specific needs and interests of children
• The Juvenile Delinquents Act did not have
procedural safeguards involved in the
juvenile justice system
THE YOUNG OFFENDERS
ACT (1984)
• Applied to youth 12 to l7 years of age
• Restricted its jurisdiction to criminal matters
• Youth were held responsible and accountable for their
criminal behaviour
• The term juvenile was no longer used but was
replaced with the term young offender
• Youth were given legal rights
A DEMAND FOR CHANGE
(1990s)
PUBLIC PERCEPTION
• Youth crime was on the rise and growing
more violent
AND ALSO
• Discontent over the maximum length of sentence a
young offender could receive under the Young
Offenders Act for a serious crimes
Youth Court Judges Imposing
Custody In Canada And The US
(1997)
The overall rate per 100,000 age 12-17
Rate
1200
1000
800
600
400
200
0
Canada
United States
STRATEGY TO YOUTH
JUSTICE
• Reduce over-reliance on incarceration
for nonviolent offences
• Use other intervention approaches that could
be more effective (rehabilitation)
STRATEGY
MEANINGFUL CONSEQUENCES
• Provide less serious
consequences for
minor & nonviolent
offences
• Provide specific
measures for violent
and repeat offenders
YOUTH CRIMINAL
JUSTICE ACT (2003)
•
•
Defines the procedures and consequences
used with young people who have broken
the law
Applies to young people between the ages
of 12 to 17
Youth Criminal
Justice Act
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CRIMINAL CODE OF
CANADA
• Describes offences considered
to be crimes
• Describes punishments for
adults who commit crimes
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DECLARATION OF
PRINCIPLE
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The purpose of the youth criminal justice system is
intended to protect the public by:
• Holding young people accountable through
measures that are proportionate to the
seriousness of the offence
• Promote rehabilitation and reintegration
• Support the prevention of crime by referring
young persons to programs in the community to
address the circumstances underlying their
offending behaviour
PRINCIPLES
The criminal justice system for youth must
be separate from the adult system and
recognizes a young person’s reduced level of
maturity
(diminished moral blameworthiness or
culpability)
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EXTRAJUDICIAL MEASURES
UNDER YCJA
Instead of laying charges the Police
Officer must first consider giving a
verbal warning, written caution, or
referral to a community
program
The Police must keep a record of any
extrajudicial measure they use to deal with
a young person
CROWN PROSECUTOR
The Prosecutor may send
a letter (caution) to the
youth and parents or use
extrajudicial sanction
(program)
A youth’s history of extrajudicial
sanctions can now be considered
when sentencing a young person
to custody
EXTRAJUDICIAL SANCTION
PROGRAM
The Prosecutor can send the case to a…
YOUTH JUSTICE
COMMITTEE
(MEASURES CAN INCLUDE)
• Community service work
• Compensation to the victim
YOUTH SENTENCES
A charge is laid against the
youth and the youth must
appear in YOUTH
JUSTICE COURT
SENTENCING
PRINCIPLES
When a Judge is sentencing a
young person and considering
the seriousness of the offence
and the degree of
responsibility of the young
person, the sentence may
denounce unlawful behaviour
and deter young person from
committing further offences
SENTENCING
PRINCIPLES
A young person can be sentenced
to a prison term for a violent
offence
Violent offence included any offence where a
person has caused, threatened to attempted to cause
bodily harm or created a substantial likelihood of
causing bodily harm (reckless behaviour)
YOUTH SENTENCES
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Reprimand
Absolute Discharge
Conditional Discharge
Fine
Compensation
Restitution
Pay Purchaser
Personal Service
LAWS
YOUTH SENTENCES
CONTINUED
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Prohibition
Probation
Attendance Order
Intensive Support &
Supervision
Custody and Supervision Order
Deferred Custody & Supervision Order
Intensive Rehabilitative Custody &
Supervision Order
ADULT SENTENCES
14 – 17 years of age
SERIOUS VIOLENT OFFENCE
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First Degree Murder
Second Degree Murder
Attempted Murder
Manslaughter
Aggravated sexual assault
THE PROSECUTOR MUST SEEK AN ADULT
SENTENCE FOR A YOUNG PERSON WHO
HAS BEEN CONVICTED OF A SERIOUS
VIOLENT OFFENCE
THE JURY
For offences where a young person may
receive an adult sentence, he/she may elect to
be tried by a Judge and Jury (made up of
twelve people
PUBLISHING NAMES OF
YOUNG PEOPLE
• The young person is given an adult sentence
• The young person has received a
youth sentence for a violent offence
• Upon application by a peace officer,
the judge is satisfies that the young
is a danger to others and publication
of the information is necessary to assist in
apprehending the young person
LEGAL RIGHTS
1. Right to know why you are
being arrested
2. Right to talk to your parents
trusted adult or a lawyer
3. Right to have a lawyer and to
be represented by him/her
4. Right to have your parents/trusted adult if you
choose to make a statement to the police
5. The right to remain silent
YOUTH RECORDS
• Youth Justice Court Records
• Government Records
• Police Records
Police are required to keep records of
any extrajudicial measures that they use with
young persons
YOUTH CRIMINAL
RECORD
• Name will remain in
C.P.I.C. computer for the
following length of time:
• Summary offence – 3 years
after completion of sentence
• Indictable offence – 5 years
after completion of sentence
C.P.I.C.
CONSEQUENCES OF A
CRIMINAL RECORD
(may affect youth in the following ways)
Employment
Travel
Attendance
at a College or
University
Volunteer
Work
PROGRAMS FOR
ABORIGINAL YOUTH
ALTERNATIVE PROGRAMS FOR ABORIGINAL
YOUTH SUCH AS SENTENCING CIRCLES
(OFFENDER, VICTIM AND ELDERS FROM THE
ABORIGINAL COMMUNITY MEET)
INVOLVEMENT
YOUTH
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Do not exclude anyone
Encourage each other
Mentor someone at school
PARENTS
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Pay attention to what is going on in
the lives of our children
VICTIMS
Victim Impact Statement
COMMUNITY
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Support our youth
Youth Justice Committee
Volunteer for Advocacy
Organization
Jury Duty