YCJA THE YOUTH CRIMINAL JUSTICE SYSTEM JOHN HOWARD

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 Page 82

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 l 7 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 (1990 s) 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

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 Page 64

CRIMINAL CODE OF CANADA • Describes offences considered to be crimes • Describes punishments for adults who commit crimes Page 64

DECLARATION OF PRINCIPLE Page 70 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) Page 70

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 • • Reprimand Absolute Discharge Conditional Discharge Fine Compensation Restitution Pay Purchaser Personal Service LAWS

YOUTH SENTENCES CONTINUED • • 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 • • • 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 • • • Do not exclude anyone Encourage each other Mentor someone at school PARENTS • • Pay attention to what is going on in the lives of our children VICTIMS Victim Impact Statement COMMUNITY • • Support our youth Youth Justice Committee Volunteer for Advocacy Organization Jury Duty