Youth in Conflict With the Law - Exam Review - Definitions.pdf

Youth in conflict with the law - Exam Review Definitions Chapter 1: Actus Reus: the Latin term for the “guilty act,” which refers to the action or omission in order to be found guilty of a crime Age-Crime Curve: a bell curve that depicts the prevalence of offending, which increases from late childho...

Youth in conflict with the law - Exam Review Definitions Chapter 1: Actus Reus: the Latin term for the “guilty act,” which refers to the action or omission in order to be found guilty of a crime Age-Crime Curve: a bell curve that depicts the prevalence of offending, which increases from late childhood through adolescence and peaks at young adulthood and then declines after the age of 25 Crime Funnel: the reduction in the number of individuals involved at each stage of the decision-making process in the criminal justice system Crime Myth: distorted conceptions of issues related to crime and criminal justice policy that have come to be accepted because they have been relied on in public forums, debates, and personal conversations Crime Rate: ratio of police-reported crimes in an area to the population of that area Crime Severity Index (CSI): system for measuring the severity of police-reported crimes each year, and the change in severity year to year; created to alleviate some of the problems in determining the crime rate Custodial Sentence: a judicial sentence that requires a term of either open or secure imprisonment of the offender Dark figure of crime: the number of crimes that do not come to the attention of the criminal justice system Desistance: the eventual cessation of crime, deviance, or other anti-social behavior Emerging Adult: the time from the end of adolescence to the young-adult responsibilities of a stable job, marriage, and parenthood; the period from 18 to under 30 years of age Extrajudicial measure: a way of dealing with offenders outside the formal justice system Extrajudicial Sanction: a more formal counterpart of extrajudicial measures Hidden Delinquency: undetected rule-breaking behavior Meme: a concept, idea, or piece of media that is spread as mimicry or for humorous purposes from person to person through social media on the Internet Mens Rea: the Latin term for “guilty mind,” which refers to the mental element necessary to be found guilty of a crime Millennial: young people born between 1982 and 2004, also referred to as Generation Y Moral Panic: extreme social response to the belief that the moral condition of society is deteriorating rapidly; may be directed against targeted groups to justify harsh and oppressive treatment Self-reported studies: a method of data collection that relies on self-administered surveys or questionnaires given to a target group in order to obtain a group profile of the identified behaviors in which the researcher is interested Shenanigans: behavior that is high-spirited and mischievous and may involve pranks or other kinds of impish jokes Status Offenses: a genre of criminal offence that is based not on the committing in the past of a particular prohibited action or inaction but on the allegation that the offender has a certain personal condition or is of a specified character Tautological: an argument that repeats the same assertion using different phrasing Uniform Crime Reporting Survey (UCR): system for classifying reported incidents by type of crime, on the basis of crime detected by police and reported by the public Victimization Surveys: crime surveys based on incidents of crime (either reported to police or unreported) as described by self-identified victims Chapter 2: Administration of justice Offense: violation of court-ordered conditions such as curfew, non-association with criminals, attendance at school or mandated treatment, showing up in court, etc. Break and enter: illegal entry or attempted entry into a residence or other building on the victim’s property Collective Response: focuses on broader issues in society that affect an individual (e.g., poverty) Community Change Model: a model of justice that stresses the importance of the broader community in looking after members of the community and addressing the root causes of crime to ensure that all people have an opportunity to do well Crime Control Model: a model of justice that is largely concerned with the protection of society and with assuring the public that crime will not be tolerated and will be severely punished Criminogenic Needs: traits, characteristics, problems, or issues that an individual faces that directly relate to his or her likelihood of committing another criminal offence CyberBullying: an aggressive, intentional act carried out by a group or individual using mobile phones or the Internet, repeatedly and over time, against a victim who cannot easily defend himself or herself Denunciation: a way to communicate disapproval of a young person’s actions as “wrong” through punishment Deterrence: a philosophy of justice that holds that individual offenders choose to commit crime on the basis of their own personal gain Dynamic Risk Factors: criminogenic needs that can be changed through treatment and include substance abuse, pro-criminal attitudes, and anti-social peer associations Free Will: a person’s responsibility for their behaviour because it is believed that the actions are the result of conscious, calculating thought Ideology: a set of general and abstract beliefs or assumptions about the correct or proper state of things, particularly with respect to the moral order and political arrangements, that shape one’s position on specific issues Individual Response: focuses on factors and behaviour related to a single person (e.g., mental illness) Justice Model: a model of justice that focuses on the protection of society through deterrence principles; those upholding this model believe young people should be accorded the same rights to legal protection as adults Marginalized youth: young people who have gone through a number of situations where they have felt disconnected, discriminated against, devalued, and deprived of both economic and social resources Medical Model: a model of justice that focuses on intervention based on the belief that criminal behaviour is a sign of illness Middle-class measuring rods: standards that teachers and other agents of the state use to evaluate lower-class youth; when the youth cannot live up to middle-class standards, they are seen as being bound for failure Restitution: financial reparations owed by an offender to a crime victim who suffers a financial loss as a result of the crime Restorative Justice Model: an approach to justice that characterizes crime as harm done to people and relationships, and that encourages responses to crime that help repair that harm Risk Factors: negative influences or circumstances in the lives of individuals, groups of persons, or communities that may increase the presence of crime, victimization, and/or fear of crime in given community circumstances and experiences that tend to shield people from involvement in behaviours that would be damaging to themselves and to others Risk-Needs-Responsivity Model (RNR): correctional treatment programs are most effective when delivered to the highest-risk offenders using interventions that target their criminogenic needs utilizing programs that are responsive to changing behaviour such as cognitive behavioural programs Social Disorganized Neighbourhood: a neighbourhood where the social institutions are incapable of functioning as expected and there are factors that increase the likelihood of crime, such as a great deal of residential turnover, a lack of social control mechanisms, poverty, and conflicting cultural standards Static Risk Factors: criminogenic needs that cannot be changed, such as parental abuse and neglect, age of onset of problem behaviour, and early age of first conviction Vandalism: destruction of, or damage to, private property Victim-Offender Mediation: negotiation between a victim and an offender, facilitated by a trained mediator, with the goal of resolving the conflict and constructing their own approach to justice as it relates to the specific crime Welfare Model: a model of justice that stresses the importance of looking after the needs of the offender to ensure that his or her problems are treated so that crime will not recur Chapter 3: Absolute Discharge: a type of judgment of a criminal case, in which a finding of guilt is obtained but no conviction is registered and no conditions are imposed Conditional Discharge: a type of judgment of a criminal case, in which a finding of guilt is obtained but no conviction is registered, but a set of conditions is imposed in the form of a probation order Custodial Sentence: a judicial sentence that requires a term of either open or secure imprisonment of the offender Doli Incapax: a Latin term for the notion that young children are not capable of distinguishing between right and wrong Due Process: the doctrine that the state must respect all rights owed to a person under the Canadian Charter of Rights and Freedoms Extrajudicial Measure: a way of dealing with offenders outside the formal justice system Indictable Offense: the most serious of offenses, which carries a maximum penalty of life imprisonment Judicial Reprimand: a stern warning from a judge Paradigm: a pattern to explain phenomena Parens Patriae: the doctrine that the state has the responsibility to look after the well-being of vulnerable persons, such as youth, and to step in as parent if necessary Penology: the study of corrections and control of criminal offenders Police (or Crown) Caution: an extrajudicial measure that consists of a formal warning, which might include a letter to the youth (and parents) and/or a dedicated meeting at a police station to discuss the incident Positivist School of thought: a branch of social sciences that argues that human behavior is a product of social, biological, or psychological forces Preamble: an introduction that explains the intent and philosophy of a piece of legislation Remand: to put (a defendant) on bail or in custody, especially when a trial is adjourned; committal to custody Reparation: a way for a young person to alleviate the harm he or she caused to either the victim or the community, by such means as a letter of apology or community service Sanction: a penalty that requires a young offender to accept responsibility for the act that forms the basis of the offense and to comply with certain terms and conditions, failure to comply with which can result in prosecution of the offense Status Offense: a genre of criminal offense that is based not on the committing in the past of a particular prohibited action or inaction but on the allegation that the offender has a certain personal condition or is of a specified character Statutory Prioritization: the organization of statutory provisions in order of priority of their application Summary Conviction Offense: a minor offense carrying a maximum penalty of six months in jail, or a fine Violent Offense: crimes against a person that involve the use or threatened use of violence, including homicide, attempted murder, assault, sexual assault, and robbery Chapter 4: Absolute Liability Offense: an offense of which an accused can be found guilty if the prosecution proves that the accused committed the act or omission that constitutes the offense, regardless of the presence or absence of intent or of any particular state of mind Best interests of the child: a guiding principle of the UNCRC that, in all matters affecting children, care must be taken to consider what decision would best protect the child’s physical, psychological, and emotional safety, security, and well-being Certificate of Offense: an unsworn, formulaic document (in a specific format and with specific content) prepared for proceedings having to do with less serious offenses Certificate of parking Infraction: a parking ticket or “tag” Child Abuse: physically harming, sexually molesting, or sexually exploiting a child Child in Need of Protection: legal definition/determination, based on an established set of criteria and evidence, that forms the basis of a protective order in child welfare proceedings Contravention: a non-criminal offense created by an enactment of the federal government and designated as a contravention by regulation of the Governor in Council Due Diligence: the taking of reasonable steps to avoid committing an offense Duty To Report: a statutorily or legally explicit (as opposed to moral/ethical) requirement to report qualifying incidents or observations Fiduciary Duty: the duty of adults to meet a higher standard of care when entrusted with the responsibility of protecting children Information: a statement sworn, typically before a justice of the peace, for the purpose of laying a more serious charge Neglect: failure to meet a child’s basic needs, such as health care, supervision, and nutrition, and psychological, educational, or housing needs Novice Driver: in Ontario, someone who has a G1 or G2 license (or an M1 or M2 motorcycle license) Parens Patriae: the doctrine that the state has the responsibility to look after the well-being of vulnerable persons, such as youth, and to step in as parent if necessary Prescriptive Standard: with respect to child welfare, a standard that requires a person responsible for a child to do something (e.g., provide shelter) Procedural Fairness: a general legal principle that exists to help children and youth exercise their rights regardless of what others might assert to be in their best interests Proscriptive Standard: with respect to child welfare, a standard that prohibits a person from doing something to or in respect of a child (e.g., selling tobacco to him or her) Strict Liability Offense: an offense that does not require proof of intent, but to which the accused may have a defense (e.g., the defense of due diligence) Truancy: not attending school (without a legally acceptable excuse) when school attendance is required by law for a child of the truant’s age in the truant’s province Young Driver: any driver under the age of 22, regardless of his or her class of licence Chapter 5: Arrest: police control of the movement of a person by some demand or direction on the basis of probable cause, in order for the person to answer for a criminal charge Detention: being stopped by police on the basis of a reasonable suspicion; includes not only physical but also psychological restraint, as when the individual believes he or she is not free to go Person in Authority: for the purposes of the YCJA, any person a reasonable young person might think to be an agent of the criminal justice system Reasonable Grounds: facts or circumstances, used as justification for police action, that to a reasonable person are beyond mere suspicions Spontaneous Utterance: a statement offered by a youth without his or her being prompted by police questions or comments, and before police have had a chance to advise the youth of his or her s. 146 rights Waiver: the oral or written giving up or dispensing with the exercise of a legal right Chapter 6: Appearance notice: a notice given to an accused by police after being charged, telling him or her to appear in court on a specific day/ time to answer to a criminal charge. Conference: meetings that can occur at various stages of criminal matters that bring together interested parties (judge, accused, lawyers, parents, others) in an attempt to resolve an issue related to the charge or trial. Crown Brief: the document or file that contains the important information about a charge (for what offenses, name of accused, summary of evidence, details of prior criminal record, etc) Judicial interim release (bail): pretrial release of an individual accused of a crime after he or she has appeared before the court in a show-cause hearing. Promise to appear: a notice signed by an accused promising that he or she will appear before the court for trial on the specific date. Recognizance: a formal agreement by an accused after being charged that requires an acknowledgement of a debt to the crown for an amount up to 500$, which may require a deposit, in order to be released prior to trial. Reservation: a statement made to the United Nations that limits how the government accepts a part of a treaty or convention (eg., UNCRO) Responsible person: an individual willing and able to exercise control over a young person in order for him or her to be released prior to trial. Reverse onus: the burden of proof being shifted from the crown to defendant in either a criminal offense or tort claim (eg., the burden of proof resting on defense counsel to show cause why a youth should be released) Serious offenses: an indictable offense for which the maximum punishment for an adult is imprisonment for five years or more, including violent offenses, some property offense (eg., auto theft) and offenses that might endanger the public (eg., dangerous driving, murder) Show-cause hearing: another name for a bail or judicial interim release hearing; burden of proof is on the crown to “show cause” why the accused should be detained pending trial. Surety: a person who agrees to vouch for the accused's return to court for a trial, and to pay a certain sum if the accused does not show. Undertaking: conditions set out on promise to appear or a recognizance when the youth agrees to such things as a curfew, parental supervision, or other such requirements. Chapter 7: Circle sentencing: an indigenous form of restorative justice that brings together the offender, the victim, and the community. Criminogenic needs: deficiencies in social cognition, problem-solving abilities, and sense of self-efficacy. Disclosure: before trial, the release by the prosecutor to the defense of all evidence the prosecutor plans on using at trial. Duty counsel: a lawyer, either an employee of the court or working under contract for the court, who provides on the spot, no charge advice (although there may be an eventual charge) to unrepresented accused. Hybrid offense: a type of offense that can be dealt with either as a summary conviction offense or as an indictable offense, at the discretion of the crown; for arrest purpose,, police treat all hybrid offense as indictable Judicial review: a higher courts review, at a separate hearing, of aspects of a lower court proceeding (typically administrative or procedural aspects, not findings of fact or verdict/order) Jurisdiction: the scope authority of a court; can be based on a defined territory (Ontario court), a defined age range (youth court), a defined class of offenses (small claims court), a defined area of law (family court), and so on. Moot: the characteristics of a legal issue when it no longer requires a formal decision because intervening events have made it irrelevant. Not criminally responsible on account of medical disorder (NCRMD): a finding of the court about the status of an accused that is neither a conviction nor an acquittal, meaning that at the time of the alleged offense the accused could not form the intent to offend due to mental disorder. Plea bargain: an agreement reached by the defendant and the prosecutor that both parties are satisfied with; must be approved by the court. Preliminary motions and application: mini-hearings, separate from the main trial, to resolve preliminary, usually procedural, issues Procedural justice: ensures that the administration of justice and fair processes are upheld in the courtroom Special plea: a plea other then guilty or not guilty; there are only a few recognized types Stay of proceedings: a dismissal of further legal proceedings Substantive justice: ensures that the application of law is fair and just. Therapeutic jurisprudence: a type of jurisprudence that merges the law with the variety of therapeutic techniques, without compromising the values of justice and due process. Youth justice court: (1) a court specifically constituted for the purpose of hearing youth trials; (2) an existing adult court designated (temporarily or permanently) for that purpose. Chapter 8: Aggravating factors: a circumstance or action taken by an offender during or after the commission of an offense that supports a more onerous sentence. Conditional supervision: a portion of a custodial sentence that is served outside custody and during which a youth is subject to strict conditions of behavior. Deferred custody and supervision order (DCSO): a sentencing option for youth convicted of offenses not involving bodily harm or attempting to cause bodily harm; with a DCSO a youth can serve his or her sentence in the community, under conditions General deterrence: the desired effect of a sentence consisting in prevention of a repeat of the offense like that of the convicted individual by any other member of the public. Intensive rehabilitative custody and supervision (IRCS): a sentence available for youth convicted of serious violent offenses who are suffering from a mental illness or disorder, psychological disorder, or emotional disturbance where an intensive treatment plan is developed that is believed to reduce the risk of reoffense. Mitigating factor: a circumstance or action taken by an offender during or after the commission of an offense that supports a lighter sentence. Provincial director: a person or “a group or class of persons” – ie., certain members of the provincial corrections administration — designated by a provincial government to perform a wide range of functions under the legislation (eg., ensuring that pre-sentence reports are completed) Reintegration leave: a period spent out of custody, with leave of the provincial director, for making arrangements or participating in activities that will facilitate the youths reintegration into the community. Serious violent offense: an offense committed by a young person that includes an element of causing bodily harm, a threat or attempt to do so, or endangering the life and safety of another by creating the substantial likelihood of bodily harm. Specific deterrence: the desired effect of a sentence consisting in prevention of a repeat of the offense by the convicted individual. Victim impact statement: a written summary, authored by a victim, of the effects that an offense has had on his or her life, and of any ongoing problems that the incident can be expected to cause for him or her. Chapter 9: Corporal punishment: the infliction of punishment on a person's body. Deviance contagion: the influence that occurs between an individual and a peer who transfers deviant ideas or behaviors to the other, which may cause harm to another or undermine values. Incorrigible: resistant to correction, unable or unwilling to comply or cooperate with authority. Maturity: development into adulthood, including development of the ability to respond to the environment in an appropriate manner. Rehabilitation: an action to reform a person's habits and inclinations away from offending behavior and restore the person to a condition of being able to positively contribute to the community. Restorative justice: an informal, community based system for providing sanctions in the context of criminal justice that focuses on rehabilitating offenders, reconciling them with their victims and the community at large through dialogue processes and the imposition of sanctions designed to heal. Total institutions: a closed social system in which individuals are separated from the wider society to receive care or to protect society from the potential harm imposed by this specialized population. Governed by strict rules and schedules, such institutions include prisons, military compounds and locked mental health facilities. Chapter 10: Bio-social: characterized by the interaction of biological and social factors. Dynamic risk factors: risk factors amenable to treatment and intervention Risk-needs-responsivity (RNR) model: model that suggests that the best way to reduce recidivism is to assess the risks and needs of the individual and determine appropriate interventions that are responsive to the individual's criminogenic factors. Central eight predictors: the eight predictors of criminal involvement: (1) a history of criminal behavior; (2) antisocial personality pattern; (3) antisocial attitudes, values, beliefs, and cognitive-emotional states; (4) anti-social associates; low levels of protective factors in the domains (5) of family, (6) of school, and (7) of work; and (8) the presence of substance abuse Incarceration: imprisonment Cognitive behavioral treatment: an effective form of intervention that helps patients to understand the thoughts and feelings that influence behaviors; focuses on how people think (“cognitive”) and act (“behavioral”) Meta-analysis: a statistical method used to draw conclusions by analyzing a group of experimental studies. Secondary crime prevention: crime prevention, focusing on those considered at risk for committing crimes, with the goal of eliminating opportunities that might foster criminal behavior. Crime prevention through environmental design: crime prevention, with the goal of reducing crime, that addresses planning and development in a community. Primary crime prevention: crime prevention focusing on social and situational factors in the order to reduce the opportunity for future crime and victimization. Primary crime prevention: crime prevention focusing on social and situational factors in order to reduce the opportunity for the future crime and victimization Self-system beliefs: beliefs about one's attitudes, abilities, or cognitive skills. Probation: a period of supervision over an offender, outside of incarceration. Severe recidivists: the 5 percent of offenders with the highest recidivism rates. Crime prevention through social development: crime prevention, with the goal of reducing criminality, that addresses the social factors that underlie crime. Protective factors: circumstances and experiences that tend to shield people from involvement in behaviors that would be damaging to themselves and others. Shock incarceration: an alternative to traditional incarceration in which youth are held for a short term in custody with a focus on rehabilitation by utilizing military discipline; often called boot camp Radical non-intervention approach: an approach to justice that advocates not intervening with a low-risk offender, to avoid having a young person labeled criminal by the criminal justice system; based on the belief that criminal justice processing of youth can lead to more offenders coming into the system Social exclusion: the limitation of an individual's ability to participate in social activities or to integrate with social groups, networks, or structures. Criminogenic needs: deficiencies in social cognition, problem-solving abilities, and sense of self-efficacy. Relationship custody framework: a balance between the dynamic security approaches (professional, positive relationships between the youth and staff) and the static security approaches (physical barriers and surveillance) involved in correctional institutions. Social reintegration: an intervention designed to help offenders successfully reintegrate into the community, while or after serving a sentence, and live a law-abiding life. Desistance: a process by which, with, or without the intervention of criminal justice agencies, offenders terminate their offending activities and maintain crime-free lives. Resilience: the ability of an individual who has faced adversity to thrive Static risk factors: relatively unchangeable risk factors Deterrence: a crime prevention strategy that relies on a perceived threat of punishment that is severe enough to outweigh any profit or gain that would follow from commiting the crime Responsivity principle: the idea that, in order to maximize the offenders ability to learn from rehabilitative intervention, it is necessary to tie the program to the evidence that has been shown to be successful in reducing recidivism. Tertiary crime prevention: crime prevention that aims to reduce recidivism, by encouraging individuals to desist from crime, support successful social reintegration. Developmental crime prevention: an approach that consists of an early intervention at any of a number or critical transition points in a person's development to lead them on a pathway that will prevent future offending.