Criminal Law Sentencing Youth Justice May 2012 Sentencing

Criminal Law Sentencing Youth Justice May 2012

Sentencing n The Goal of sentencing is n n n Deterrence Rehabilitation Retribution Segregation Taking into account mitigating circumstances and aggravating circumstances

Sentencing an Offender n n n Diversion Programs Absolute of Conditional Discharge Suspended Sentence and Probation Conditional Sentence Suspension of a Privilege n n n Peace Bond Restitution or Compensation Community Service Orders Deportation Dines Imprisonment

Imprisonment n n Concurrent Consecutive Sentence Intermittent Sentence Dangerous Offenders (long term offender) n n Indeterminate sentence Capital Punishment ( Death Penalty) n Not allowed in Canada since 1976

Restorative Justice n n n Sentencing Circles Healing Circles Releasing Circles

Appeals n n Appellant- party that requests an appeal Respondent- person the appeal is against

Prison n Closed Custody Open Custody Community Correctional Facitilies

Conditional Release n Allows offender to return to society with supervision to prepare for unsupervised release. n Escorted and Unescorted Absences n n All offenders are eligible for escorted absences from the time they enter prison to attend rehab programs, obtain medical treatment or attend significant family events Unescorted absences are not given to maximum security offenders, medium security gets 2 days, minimum security gets 3 days

Conditional Release n Day Parole n n n Released during the day, but must return to an institution or halfway house at night An inmate serving a life sentence is eligible for day parole three years before full parole eligibility Full Parole n n Full release as long as the parolee follows their conditions- judge decides when they are Parole for Murder- must serve 25 years before being allowed, but are allowed for certain unescorted temporary absences

Conditional Release n n Accelerated Review Statutory Release- to spend the final one third of their sentence in the community under supervision

Pardons n n n Royal Prerogative Mercy Free Pardon Ordinary Pardon

Criminal Records n Bonding

Youth Justice Ages of Criminal Responsibility Rights of Youth Trial Procedures Sentencing Issue: Should Violent Students be Expelled from School

Young Offender 0 -11 is classified as a child and has no responsibility for actions. There is some debate on wanting to lower the age to 7 to be held accountable for crimes. According to the Youth Criminal Justice Act, a young person between the ages of 12 -17 who committed a criminal offence is known as a young offender Anyone 18 and older who commits a criminal offence is considered an adult and faces adult trial procedures and penalties

Youth Criminal Justice Act n n Stiffer penalties and sentences for violent youth crimes Youth justice court judges must impose a period of supervision in the community for youths who serve time in custody n Any youth over the age of 14 who committed a violent act can be treated and sentenced as an adult

Rights of Youth n Police do not have to arrest, they can talk to them, but will record it in case the youth gets in trouble again n Nonviolent First time Offenders n n Extra-judicial sanctions Alternate Measures Program

Arrest and Detention n n If a youth is arrested, they have the same legal rights as listed in the Charter They must be informed of their rights. Youths are often released into custody of parents or sent to foster homes. Sometimes they are place on house arrest where they have to remain at home during certain hours or are monitored with an electric device. Youths are kept separate from adult offenders as much as possible. Parents are notified as soon as possible after a child is detained or arrested. They are often ordered to attend all hearings or will be found in contempt of court.

Trial Procedures n n Youths aged 12 -15 are tried in family court Youths 16 -17 are tried in Provincial court A judge alone conducts all trials and there are NO jury trials. The intent of the youth justice system is to deal with all youth as rapidly as possible

Privacy n n YCJA lets public and media attend trials/ hearings, but not release names 14 -17 year olds who are convicted of serious crimes may be named and if they are at large, their photographs may be released.