Week 14 Lecture 1 - Youth Justice II PDF

Youth Justice II WILLIAM SCHULTZ SOCI 227 DECEMBER 2 Headline Monday! Headline Monday! Headline Monday! Headline Monday! Headline Monday! Headline Monday! Class outcomes After this class, students will be able to... 1. Describe the case flow for young offenders 2. Outline extrajudicial...

Youth Justice II WILLIAM SCHULTZ SOCI 227 DECEMBER 2 Headline Monday! Headline Monday! Headline Monday! Headline Monday! Headline Monday! Headline Monday! Class outcomes After this class, students will be able to... 1. Describe the case flow for young offenders 2. Outline extrajudicial sanctions young offenders receive The YCJA The YCJA principles 1. The protection of the public 2. The use of a separate justice system for youth that is based on diminished blameworthiness The YCJA The YCJA principles 3. The use of fair and proportionate sanctions 4. The acknowledgement of due process protections for youth The YCJA Strong focus on interrupting criminal behaviour, rather than punishing it The YCJA Significant tension between punishment and rehabilitation Not inconsistent Often in conflict when applied to a single individual The YCJA https://www.cbc. ca/news/canada /calgary/jr- medicine-hat- murders-steinke- sentence-review- 1.3568118 The YCJA 2012 YCJA Amendments ◦ Amendments made punishments more severe for serious offenders. ◦ Amendments emphasized the protection of society ◦ removed some of the barriers to placing youth accused of violent offences in detention or custody. The YCJA 2012 YCJA Amendments ◦ Publication bans on naming youth can be lifted. ◦ Prosecutors are required to seek adult sentences for youth aged 14+ who are involved in homicide, attempted murder, or aggravated sexual assault. ◦ Judge must decide whether an adult sentence is appropriate. YCJA: Case flow Police: ◦First point of contact EPS example: https://www.youtube.com/watch?v=QJNnAYk97K0 YCJA: Case flow Police officers can either … ◦proceed informally (e.g., by taking no action or by issuing a warning) ◦refer the youth to a program ◦charge the youth with an offence. YCJA: Case flow: Extrajudicial measures: https://www.youtube.com/watch?v=2uDQBm_KElE YCJA: Case flow Crown prosecutors can … ◦Caution youths ◦refer them to an extrajudicial sanction program ◦schedule a court date. YCJA: Case flow Youth may be detained until their court dates Considered a last resort due to the impact that detention can have their schooling and family life. ◦ Prison time for youth = great way to learn how to do crime YCJA: Case flow According to the YCJA, youth should not be detained unless … ◦They have been charged with a serious offence ◦Have shown a pattern of re-offending ◦Pose a risk of failing to appear in court or a risk to public safety YCJA: Sentencing Youth do NOT receive the same punishments as adults Explicit focus on keeping youth out of prison YCJA: Sentencing Maximum punishment: ◦In case of murder: 10 years ◦In other cases: limited/no criminal record, unless specific conditions are met YCJA: Sentencing https://www.justice.gc.ca/eng/cj-jp/yj-jj/tools-outils/sheets-feuillets/recor-dossi.html YCJA: Sentencing YCJA: Case flow Youth court and sentencing: https://www.youtube.com/watch?v=2uDQBm_KElE