Podcast
Questions and Answers
The Youth Criminal Justice Act (YCJA) was introduced with the aim of:
The Youth Criminal Justice Act (YCJA) was introduced with the aim of:
Which of the following criticisms was NOT specifically directed at the Young Offenders Act (YOA) by the federal government?
Which of the following criticisms was NOT specifically directed at the Young Offenders Act (YOA) by the federal government?
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?
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?
What is the significance of 'Gladue principles' in the context of the Youth Criminal Justice Act (YCJA)?
What is the significance of 'Gladue principles' in the context of the Youth Criminal Justice Act (YCJA)?
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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)?
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)?
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What is a key consideration when sentencing youth, ensuring fairness and proportionality?
What is a key consideration when sentencing youth, ensuring fairness and proportionality?
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What circumstance would justify a custodial sentence over other available sentencing?
What circumstance would justify a custodial sentence over other available sentencing?
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In addition to violent offences, what other factor might lead to a youth receiving a custodial sentence?
In addition to violent offences, what other factor might lead to a youth receiving a custodial sentence?
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What is the primary difference between a judicial reprimand and an absolute discharge?
What is the primary difference between a judicial reprimand and an absolute discharge?
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Why is regional consistency important in youth sentencing?
Why is regional consistency important in youth sentencing?
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What does the principle of 'no greater than adult punishment' mean in the context of youth sentencing?
What does the principle of 'no greater than adult punishment' mean in the context of youth sentencing?
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Why does bail apply to youth?
Why does bail apply to youth?
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When might an adult sentence be applied to a young offender?
When might an adult sentence be applied to a young offender?
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Why were Ashley Smith's transfers between institutions considered controversial?
Why were Ashley Smith's transfers between institutions considered controversial?
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What was a key difference between administrative segregation and the SIU (Structured Intervention Unit) according to the information?
What was a key difference between administrative segregation and the SIU (Structured Intervention Unit) according to the information?
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According to the UN Mandela Rules, how long is a period of solitary confinement considered to be torture and inhumane punishment?
According to the UN Mandela Rules, how long is a period of solitary confinement considered to be torture and inhumane punishment?
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What was the outcome of the Ashley Smith case regarding Corrections Canada?
What was the outcome of the Ashley Smith case regarding Corrections Canada?
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How did spending time in administrative segregation affect Ashley Smith's mental health?
How did spending time in administrative segregation affect Ashley Smith's mental health?
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Which of the following best describes the role police play concerning youth mental health crises in Canada?
Which of the following best describes the role police play concerning youth mental health crises in Canada?
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What is the main intention behind the calls for 'de-policing' mental health crisis situations involving youth?
What is the main intention behind the calls for 'de-policing' mental health crisis situations involving youth?
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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?
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?
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Which of the following factors has not been identified as a contributing factor to youth offending?
Which of the following factors has not been identified as a contributing factor to youth offending?
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Why might relying solely on crime statistics present an incomplete understanding of female youth offending?
Why might relying solely on crime statistics present an incomplete understanding of female youth offending?
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How do rates of violent crime committed by female youth compare to overall youth crime rates?
How do rates of violent crime committed by female youth compare to overall youth crime rates?
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What circumstances are criminalized youth likely to have experienced?
What circumstances are criminalized youth likely to have experienced?
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Compared to male youth, how are custodial sentences distributed among female youth?
Compared to male youth, how are custodial sentences distributed among female youth?
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Why has research on female youth offending been historically limited?
Why has research on female youth offending been historically limited?
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The Doli Incapax Doctrine suggests that children under a certain age should not be held to the same degree as adults, primarily because:
The Doli Incapax Doctrine suggests that children under a certain age should not be held to the same degree as adults, primarily because:
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How did the 'Child Savers' of the late 1800s influence the development of youth justice in Canada?
How did the 'Child Savers' of the late 1800s influence the development of youth justice in Canada?
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What was the primary focus of the Juvenile Delinquent Act (JDA) enacted in 1908 in Canada?
What was the primary focus of the Juvenile Delinquent Act (JDA) enacted in 1908 in Canada?
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Which of the following best describes the doctrine of parens patriae as it relates to youth justice?
Which of the following best describes the doctrine of parens patriae as it relates to youth justice?
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Which of the following was a criticism of the Juvenile Delinquent Act (JDA)?
Which of the following was a criticism of the Juvenile Delinquent Act (JDA)?
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What was the main goal behind the introduction of the Young Offenders Act (YOA) in 1984?
What was the main goal behind the introduction of the Young Offenders Act (YOA) in 1984?
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Which of the following scenarios best illustrates the application of the 'best interests of the child' principle under the Juvenile Delinquent Act (JDA)?
Which of the following scenarios best illustrates the application of the 'best interests of the child' principle under the Juvenile Delinquent Act (JDA)?
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How did the introduction of the Canadian Charter of Rights and Freedoms in 1982 impact the youth justice system?
How did the introduction of the Canadian Charter of Rights and Freedoms in 1982 impact the youth justice system?
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Which of the following scenarios highlights a potential issue with the implementation of the Juvenile Delinquent Act (JDA)?
Which of the following scenarios highlights a potential issue with the implementation of the Juvenile Delinquent Act (JDA)?
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Flashcards
Young Offenders Act (YOA)
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)
Youth Criminal Justice Act (YCJA)
Legislation enacted in 2003 to reduce incarceration for youth and protect their rights.
Extrajudicial Measures (EJM)
Extrajudicial Measures (EJM)
Informal options for police to handle youth offenders without entering the formal justice system.
Main criticisms of YOA
Main criticisms of YOA
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Gladue Principles
Gladue Principles
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Doli Incapax Doctrine
Doli Incapax Doctrine
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Parens Patriae
Parens Patriae
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Juvenile Delinquent Act (JDA)
Juvenile Delinquent Act (JDA)
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Criticisms of JDA
Criticisms of JDA
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Cultural Expectations
Cultural Expectations
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History of Youth Justice in Canada
History of Youth Justice in Canada
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Juvenile Offenders
Juvenile Offenders
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Child Savers
Child Savers
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Youth Crime Punishment
Youth Crime Punishment
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Youth Mental Health Challenge
Youth Mental Health Challenge
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Police Involvement
Police Involvement
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De-policing
De-policing
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YCJA Provisions
YCJA Provisions
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Factors Leading to Offending
Factors Leading to Offending
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Impact of Punishment
Impact of Punishment
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Nature of Female Youth Offending
Nature of Female Youth Offending
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Early Delinquent Acts
Early Delinquent Acts
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Ashley Smith case
Ashley Smith case
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Administrative segregation
Administrative segregation
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SIU (Segregated Intervention Units)
SIU (Segregated Intervention Units)
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UN Mandela Rules
UN Mandela Rules
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Solitary confinement impact
Solitary confinement impact
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Youth under 18 requirements
Youth under 18 requirements
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Formal Appearance Notice
Formal Appearance Notice
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Bail conditions for youth
Bail conditions for youth
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Sentencing principles for youth
Sentencing principles for youth
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Non-custodial sentences
Non-custodial sentences
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Judicial reprimand
Judicial reprimand
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Custodial sanctions conditions
Custodial sanctions conditions
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Adult sentencing on youth
Adult sentencing on youth
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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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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.