Youth Criminal Justice Act Overview
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Questions and Answers

The Youth Criminal Justice Act (YCJA) was introduced with the aim of:

  • Reducing the incarceration of young people, particularly for less serious offenses. (correct)
  • Removing the rights and freedoms of young persons to streamline the justice process.
  • Increasing the incarceration rates for young offenders to deter crime.
  • Focusing solely on punishment for youth crime, regardless of the offense.
  • Which of the following criticisms was NOT specifically directed at the Young Offenders Act (YOA) by the federal government?

  • The system relies too heavily on custody as a response to non-violent crime.
  • The Act unfairly targets youth from specific socio-economic backgrounds. (correct)
  • Not enough preventative measures are taken to stop youth from entering a life of crime.
  • The system does not adequately address rehabilitation of youth offenders.
  • Under the Youth Criminal Justice Act (YCJA), what is the primary consideration a police officer must make when dealing with a young person suspected of committing an offense?

  • Ignoring the offense if it is the young person's first encounter with law enforcement.
  • Considering extrajudicial measures to keep the young person out of the formal criminal justice system. (correct)
  • Immediately arresting the young person to ensure public safety.
  • Prioritizing formal charges to establish a criminal record.
  • What is the significance of 'Gladue principles' in the context of the Youth Criminal Justice Act (YCJA)?

    <p>They require consideration of the unique circumstances of Indigenous youth in the justice system. (A)</p> Signup and view all the answers

    A 16-year-old is caught shoplifting a low-value item. According to the outlined extrajudicial measures (EJM), which course of action aligns with the principles of the Youth Criminal Justice Act (YCJA)?

    <p>Issuing a warning or referring the youth to a community program. (A)</p> Signup and view all the answers

    What is a key consideration when sentencing youth, ensuring fairness and proportionality?

    <p>The sentence must be proportionate to the offence and the youth’s level of responsibility. (B)</p> Signup and view all the answers

    What circumstance would justify a custodial sentence over other available sentencing?

    <p>The young person committed a violent offence. (B)</p> Signup and view all the answers

    In addition to violent offences, what other factor might lead to a youth receiving a custodial sentence?

    <p>Failure to comply with previous non-custodial sentences. (C)</p> Signup and view all the answers

    What is the primary difference between a judicial reprimand and an absolute discharge?

    <p>A judicial reprimand is a warning, and an absolute discharge means no further action is taken and no criminal record is made. (A)</p> Signup and view all the answers

    Why is regional consistency important in youth sentencing?

    <p>To account for varying crime rates, and that similar sentences apply to others in the same region with similar circumstances. (A)</p> Signup and view all the answers

    What does the principle of 'no greater than adult punishment' mean in the context of youth sentencing?

    <p>The sentence for a young person cannot be harsher than what an adult would receive for the same crime. (A)</p> Signup and view all the answers

    Why does bail apply to youth?

    <p>To ensure they attend court appearances while awaiting trial, similar to adults. (C)</p> Signup and view all the answers

    When might an adult sentence be applied to a young offender?

    <p>When the crime committed is so serious that the sentences in the YCJA are not sufficient enough to hold the young person accountable. (B)</p> Signup and view all the answers

    Why were Ashley Smith's transfers between institutions considered controversial?

    <p>To circumvent the 60-day limit for solitary confinement. (D)</p> Signup and view all the answers

    What was a key difference between administrative segregation and the SIU (Structured Intervention Unit) according to the information?

    <p>SIUs mandated a window in the cell. (D)</p> Signup and view all the answers

    According to the UN Mandela Rules, how long is a period of solitary confinement considered to be torture and inhumane punishment?

    <p>More than 15 days (C)</p> Signup and view all the answers

    What was the outcome of the Ashley Smith case regarding Corrections Canada?

    <p>Corrections Canada settled a wrongful death suit for $11 million. (D)</p> Signup and view all the answers

    How did spending time in administrative segregation affect Ashley Smith's mental health?

    <p>It increased her mental health problems and self-harming behavior. (D)</p> Signup and view all the answers

    Which of the following best describes the role police play concerning youth mental health crises in Canada?

    <p>Offering de-escalation support, managing risks of harm, addressing behaviors like theft, and intervening physically when necessary. (A)</p> Signup and view all the answers

    What is the main intention behind the calls for 'de-policing' mental health crisis situations involving youth?

    <p>To decrease the involvement of law enforcement and reduce the potential for criminalization of mental health issues. (C)</p> Signup and view all the answers

    Under the Youth Criminal Justice Act (YCJA), what specific provision caters to youth offenders suffering from mental health challenges who have committed a violent offense?

    <p>Intensive Rehabilitative Custody and Supervision Order (IRCS) (C)</p> Signup and view all the answers

    Which of the following factors has not been identified as a contributing factor to youth offending?

    <p>Positive peer relationships (C)</p> Signup and view all the answers

    Why might relying solely on crime statistics present an incomplete understanding of female youth offending?

    <p>They don't reveal the types of offenses for which female youth are increasingly charged, such as minor assaults. (B)</p> Signup and view all the answers

    How do rates of violent crime committed by female youth compare to overall youth crime rates?

    <p>Rates of violent crime committed by female youth have remained stable, without a notable increase. (B)</p> Signup and view all the answers

    What circumstances are criminalized youth likely to have experienced?

    <p>Higher rates of abuse and come from economically and socially disadvantaged backgrounds. (D)</p> Signup and view all the answers

    Compared to male youth, how are custodial sentences distributed among female youth?

    <p>Females are less likely to receive custodial sentences than males. (D)</p> Signup and view all the answers

    Why has research on female youth offending been historically limited?

    <p>Cultural expectations have shaped perceptions of female and male behavior, leading to less focus on female offending. (C)</p> Signup and view all the answers

    The Doli Incapax Doctrine suggests that children under a certain age should not be held to the same degree as adults, primarily because:

    <p>Their brains are not fully developed, limiting their understanding and intent. (D)</p> Signup and view all the answers

    How did the 'Child Savers' of the late 1800s influence the development of youth justice in Canada?

    <p>By raising awareness and advocating for policies and laws to address the needs of neglected and orphaned children. (A)</p> Signup and view all the answers

    What was the primary focus of the Juvenile Delinquent Act (JDA) enacted in 1908 in Canada?

    <p>To treat children as misguided individuals in need of help and guidance rather than as criminals. (C)</p> Signup and view all the answers

    Which of the following best describes the doctrine of parens patriae as it relates to youth justice?

    <p>The state acts as a parent, intervening in the lives of children in their best interests. (D)</p> Signup and view all the answers

    Which of the following was a criticism of the Juvenile Delinquent Act (JDA)?

    <p>The interpretation of 'best interest of the child' varied, and girls could be arrested for 'sexual immorality' while boys could not. (A)</p> Signup and view all the answers

    What was the main goal behind the introduction of the Young Offenders Act (YOA) in 1984?

    <p>To balance the needs and rights of children while also holding them accountable for their actions. (C)</p> Signup and view all the answers

    Which of the following scenarios best illustrates the application of the 'best interests of the child' principle under the Juvenile Delinquent Act (JDA)?

    <p>A social worker recommends a young offender be placed in a foster home rather than a detention center, considering the child's emotional and developmental needs. (A)</p> Signup and view all the answers

    How did the introduction of the Canadian Charter of Rights and Freedoms in 1982 impact the youth justice system?

    <p>It highlighted criticisms of the JDA, leading to the introduction of the Young Offenders Act (YOA). (D)</p> Signup and view all the answers

    Which of the following scenarios highlights a potential issue with the implementation of the Juvenile Delinquent Act (JDA)?

    <p>A judge consistently imposes harsher penalties on immigrant children compared to their Canadian-born peers for similar offenses. (B)</p> Signup and view all the answers

    Flashcards

    Young Offenders Act (YOA)

    A law aimed at youth offenders aged 12 to 18, focusing on rehabilitation and crime prevention.

    Youth Criminal Justice Act (YCJA)

    Legislation enacted in 2003 to reduce incarceration for youth and protect their rights.

    Extrajudicial Measures (EJM)

    Informal options for police to handle youth offenders without entering the formal justice system.

    Main criticisms of YOA

    Concerns included lack of crime prevention, ineffective handling of violent youth, and reliance on custody.

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    Gladue Principles

    Guidelines ensuring considerations for Indigenous youth in the justice system.

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    Doli Incapax Doctrine

    Legal principle stating children under seven lack capacity for evil intent.

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    Parens Patriae

    Doctrine that the state acts as a guardian for those unable to care for themselves.

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    Juvenile Delinquent Act (JDA)

    Legislation enacted in 1908 focusing on the welfare of youth, treating them as misguided, not criminals.

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    Criticisms of JDA

    Concerns about inconsistent interpretations of 'best interest' and lack of due process in youth justice.

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    Cultural Expectations

    Social norms influencing perceptions and behaviors of male and female youth offending.

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    History of Youth Justice in Canada

    Evolution of policies addressing youth crime, beginning in the late 1800s with a focus on welfare.

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    Juvenile Offenders

    Individuals under the age of 16 considered offenders under Canadian law post-1875.

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    Child Savers

    Group of upper-class individuals in the late 1800s advocating for the welfare of neglected children.

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    Youth Crime Punishment

    Original legislation involved short imprisonment of up to three months for juvenile offenders.

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    Youth Mental Health Challenge

    1 in 5 Canadians experience mental health issues, affecting youth significantly.

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    Police Involvement

    Police often engage with young people during mental health crises for support and intervention.

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    De-policing

    Calls for reducing police involvement in mental health crisis situations.

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    YCJA Provisions

    The Youth Criminal Justice Act provides support for youth with mental health challenges in the justice system.

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    Factors Leading to Offending

    Youth offending is influenced by anti-social attitudes, peers, parenting, and school factors.

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    Impact of Punishment

    Increasing punishment for youth does not effectively lower recidivism rates.

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    Nature of Female Youth Offending

    Female youth are less likely to get custodial sentences and face different crime rates compared to males.

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    Early Delinquent Acts

    Half of delinquent youth commit offences before age 12, often from disadvantaged backgrounds.

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    Ashley Smith case

    A pivotal case of a young woman who died in prison after prolonged solitary confinement, highlighting systemic issues.

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    Administrative segregation

    A form of solitary confinement in prisons where individuals are kept isolated from the general population for safety or punishment.

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    SIU (Segregated Intervention Units)

    Areas similar to solitary confinement but require a window; inmates must have 4 hours outside daily.

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    UN Mandela Rules

    International guidelines stating that solitary confinement over 15 days is considered torture and inhumane punishment.

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    Solitary confinement impact

    Extensive solitary confinement leads to increased mental health problems and self-harm among inmates.

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    Youth under 18 requirements

    Special legal process requirements apply to individuals under 18.

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    Formal Appearance Notice

    A document that typically allows youth to be released after starting a legal process.

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    Bail conditions for youth

    Youth can be granted bail but often with strict conditions to follow.

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    Sentencing principles for youth

    Guidelines ensuring youth sentences aren’t harsher than adults and are fair regionally.

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    Non-custodial sentences

    Alternatives to custody for youth committing less serious crimes.

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    Judicial reprimand

    A formal warning given to a youth as a non-custodial sentence.

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    Custodial sanctions conditions

    Youth can only be sentenced to custody under severe circumstances like violent crimes.

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    Adult sentencing on youth

    An adult sentence can apply if the young person's crime is extremely serious.

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    Study Notes

    Female Youth and the CJS

    • Young males offend more frequently than young females, leading to less research on female youth.
    • Male youth offending rates are approximately three times higher than female youth.
    • Cultural norms for female and male behaviour influence understandings of female youth offending.

    Introduction

    • Children are not held to the same degree of accountability as adults, a concept originating in Greek philosophy.
    • A lack of understanding and intelligence was a component of the Doli Incapax doctrine, which held children under seven incapable of malicious intent.
    • Scientific developments recognized the incomplete brain development of children, and some argue that even adults do not have fully developed brains.

    History of Youth Justice in Canada

    • The late 1800s saw increased numbers of orphans and neglected children.
    • "Newsies" exemplified children selling newspapers on the streets for a living.
    • "Child Savers" – educated, upper-class individuals – advocated for youth policies and regulations.

    Legislation Addressing Youth Crime

    • Canadian legislation addressing youth crime started in 1875 with an Act for the More Speedy Trial and Punishment of Juvenile Offenders.
    • Juvenile delinquents (under 16) faced punishments like incarceration, often for a maximum of three months.
    • Society gradually relied on institutions for youth control.

    Juvenile Delinquent Act

    • A new doctrine, parens patriae, emerged, emphasizing the state's responsibility for children deemed misguided but not criminal.
    • The 1908 Juvenile Delinquent Act focused on the welfare of children.
    • The Act's principle was to treat delinquent youth not as criminals, but as individuals needing guidance and supervision.

    Criticisms of the JDA

    • Some crimes, such as curfew violations and truancy, were disproportionately applied to youth.
    • The interpretation of "best interests of the child" varied among judges and police.
    • Immigrant and working-class youth often faced harsher penalties relative to their crimes.
    • Girls faced charges for sexual immorality more frequently than boys.

    Young Offenders Act

    • The 1982 Charter of Rights and Freedoms brought additional scrutiny to the JDA.
    • The Young Offenders Act (YOA) of 1984 attempted to balance the needs of children with the expectation of accountability.
    • The YOA included a special section focusing on non-custodial alternatives to incarceration.
    • The YOA differentiated between child welfare and criminal justice models.

    Criticisms of the Young Offenders Act

    • The federal government criticized the YOA for inadequate measures to prevent youth crime.
    • The system was criticized for not fully rehabilitating youth offenders, particularly violent ones.
    • The YOA overly emphasized incarceration as a solution to youth problems.

    Youth Criminal Justice Act

    • The Youth Criminal Justice Act (YCJA) came into effect in 2003 to reduce youth incarceration by focusing on more severe cases.
    • The YCJA was more focused on diversion and extra-judicial measures as alternatives to intervention.
    • The YCJA prioritizes restorative measures and the protection of youth's rights.

    Extrajudicial Measures

    • Police officers can help divert youth away from the formal justice system.
    • Extrajudicial measures are informal ways to address youth crime.
    • The YCJA requires police to consider options such as warnings and referral programs.

    Formal Processing

    • Detention, questioning, and arrest for youth are governed by the Charter, Criminal Code, and YCJA.
    • Special requirements are given to individuals under 18 years, and these youths are often released on appearance notices.
    • Bail conditions for youth in remand may differ from adult bail conditions.

    Sentencing Principles

    • Sentencing for youth must adhere to principles of consistency and proportionality, not exceeding adult punishments.
    • Considerations for sentencing should include regional consistency.
    • Sentencing priorities for youth emphasize non-custodial options.

    Community Sanctions

    • Non-custodial sentences for less serious crimes.
    • Options include reprimands, absolute discharge, conditional discharge, fines, community service, restitution, probation.
    • Extensive support and supervision programs and attendance centers are other options.

    Custodial Sanctions

    • Custody may be ordered only in cases involving violent offenses, failure to comply with previous sanctions, or particularly serious indictable offences.
    • In these instances, the sentence must be consistent with the YCJA.
    • The YCJA's sentences might not be appropriate for very serious violent crimes, requiring alternative solutions.

    Youth with Mental Health Challenges

    • One in five Canadians experience mental health challenges; police often intervene in youth mental health crises.
    • De-escalation tactics, community support, and physical interventions may help avoid criminalization.
    • The YCJA addresses youth mental health challenges through provisions like intensive rehabilitative custody sanctions.

    Youth Programming

    • Many factors contribute to youth crime, including anti-social attitudes, peer influence, family dynamics, and school environment.
    • Increased punishment does not usually reduce recidivism, so preventative programming based on risk factors of youth may be helpful instead.
    • Programs targeting positive childhood development can help steer youth away from crime.

    Nature of Female Youth Offending

    • Crime statistics may not accurately represent the nature of female youth crime.
    • Charges for minor offences against girls increased relative to boys.
    • Violent crime rates for both genders may not accurately show the true rates of crime.
    • Many delinquency cases start before the age of 12, and many of these youths come from disadvantaged backgrounds.
    • Girls are less likely to face custodial sentencing and more likely to receive community service.

    Case Study: Ashley Smith

    • Smith spent an extensive time in solitary confinement.
    • Issues with mental health arose and increased during solitary confinement and transition periods.
    • During confinement, she received poor treatment and experienced increases in mental health problems and self-harm behaviours.
    • Smith's case exemplified inappropriate treatment and excessive solitary confinement practices.

    Are SIU's Different Than Solitary?

    • Segregation, or SIU, was declared unconstitutional in 2019.
    • SIUs are similar to solitary confinement; the only difference is that SIUs must have a window, and inmates must have four hours outside their cells daily.
    • More than half of the SIU durations exceeded the standard 15 days of solitary confinement.

    Case Study: Ashley Smith- Discussion

    • Key issues surrounding the case emerged, including the violations of Smith's human rights.
    • Questions about potential discipline or punishment for those responsible for the inadequate treatment arose.

    Next Week: Feb 4, 6

    • The topic for next week is violent women and constructions of femininity in relation to the readings from Chapter 7.
    • A quiz on the material covered in the course is due on Feb 4.
    • A review session is also scheduled for next week.

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    Week 4 PDF

    Description

    This quiz explores key aspects of the Youth Criminal Justice Act (YCJA), including its aims, principles, and criticisms compared to previous legislation like the Young Offenders Act (YOA). Test your knowledge on the significance of Gladue principles, extrajudicial measures, and sentencing considerations for youth offenders.

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