Youth in Conflict with the Law - Final Exam Review - Good Copy.pdf

Youth in Conflict with the Law Final Exam Study Chapters 1, 2, 3, 4, 5, 6, 7, 8, 9, 10 Chapter 1: Youth Crime: Perceptions & Realities - Children are more impulsive and less able to resist the influence of their peers - Media tends to sensationalize representation of millennials in popular culture (...

Youth in Conflict with the Law Final Exam Study Chapters 1, 2, 3, 4, 5, 6, 7, 8, 9, 10 Chapter 1: Youth Crime: Perceptions & Realities - Children are more impulsive and less able to resist the influence of their peers - Media tends to sensationalize representation of millennials in popular culture (distorts) - Emerging Adult (used by government programs) - Providing service to the age of 30 - Millennials are described as: - Tolerant, confident, team-oriented, ambitious, disengaged, narcissistic, and anxious. - The age-crime curve drops in crime once youth enter their mid 20’s - “Aging out” of crime is associated with: - Employment, marriage, changing in peer groups, and social environments. - Arrest rate rises through adolescence, then falls in the 20s. - Teens commit mostly property crimes. - People in their 20s commit violent crimes. - Guilty findings between male & female are around equal, however females are less likely to get put into custody - Crime rates have decreased over the past 10 years. - The 2 main ways of collecting information on crime: 1. The UCR Survey: - Complies police-recorded crime 2. The GSS - Captures crimes not reported to police - Police only detect 10% of crime. - The Crime Funnel: - Represents the diminishing number of individuals in the justice system throughout the justice process. - Profiles of victims and offenders are often similar: - Mostly young, male, and working class - Victims often also acknowledge offending behaviour of their own. - Approximately ⅓ of victims report to the police - Difficult to gauge whether behaviour of youth is in decline Chapter 2: Youth Crime: Offences, Risk Factors, Theories, and Models of Youth Criminal Justice Procedure: - Most common types of crime are non-violent - 70% of thefts under $5000 were shoplifting offences in 2017. - - - - - - - - - - Vandalism: - Involves destruction of, or damage to property. (includes destroying/damaging info on computers.) Disturbing the peace: - A form of mischief characterized by shouting, screaming, causing disturbance, or loitering. Motor Vehicle Theft: - Taking a motor vehicle or vessel without the consent of the owner. - In most cases involving youth, this is classified as joyriding. Administration of Justice Offences: - Failure to comply, Failure to appear - Female youth are assigned more conditions than male youth (which means they are more likely to be found in violation of these conditions.) Youth Drug and Alcohol use is NOT out of control. The Cannabis Act has decriminalized possession up to 5g of cannabis by minors 12-18. Cannabis Act has 3 priorities: 1. Preventing youth from accessing cannabis 2. Protecting public health and public safety 3. Eliminating the illegal cannabis market. Assault: - LVL 1: Little physical harm (most common among youths because schools have a zero-tolerance policy for violence) - LVL 2: Bodily harm or injury - LVL 3: Wounding, maiming, or endangering life Zero-Tolerance policies in schools are not good. They encourage youths to drop out. RNR Model: - Risk - Needs - Responsivity Model - Investigates whether attention should focus on higher-risk offenders. Individual Factors: - Poor social skills, Tendency toward risk-taking, hyperactivity, restlessness - Attitudes & Beliefs - Mental health & Substance abuse issues Family Factors: - Poverty, unemployment, stress - Harsh parental discipline, child abuse/neglect School & Peer Factors: - Peer Influence is stronger than family influence in adolescence. - Risk Factors: - Poor connections and performance in school - Rejection by peers - - Neighbourhood/Community Factors: - Recreational Opportunities, high crime rates, drug activity, violence. - Lack of job opportunities - Poverty, racism, sexism Environmental Factors: - Social issues, social values, ideologies, poverty, impact of the media Chapter 3: Criminal Offences - Acts Governing the Youth Justice System: - Juvenile Delinquents Act (JDA): 1908 - 1984 - Children were considered “misguided” rather than “criminal” & required protection under Parens Patriae. (the state, as parents approach.) - Young Offenders Act (YOA): 1984 - 2003 - Leaned to minimal intrusion in a young person's life. - Most of the term of the YOA, critics wanted it to be reformed, and numerous amendments were made. - Youth Criminal Justice Act (YCJA): 2003 - Present - Long-term protection of society - The three goals of the YCJA: 1. To prevent crime 2. To rehabilitate/reintegrate young persons who come into conflict with the law 3. To ensure that young offenders receive meaningful consequences in order to promote the long-term protection of the public. - Historically: - Children were not held accountable to the same extent as adults - Children have been thought of as less able than adults to form intent. - - - - - Doli Incapax: - Refers to the inability of youth (under 7 years initially) to distinguish from right vs wrong. 1. The age of 14 (Puberty) was seen as the point when accountability should be considered the same as that for adults. 2. For youths 7-14, accountability would be considered only with proof of intent 3. Under YCJA, the age range applicable to youth justice is 12-17 at the time of the offence. Minimum age to charge a child is 12. UNCRC: - United Nations Convention of Rights of Child - Recognizes that young persons have the rights and freedoms included those stated in the charter, and bill of rights. Youths have “Special Enhancements” to their right to counsel. - E.g., the right to be more thoroughly educated on it. - They can also contact an adult - Parents DO NOT have to provide a lawyer (canada can give them one) Childsavers: - A group (mostly women) who brought awareness to child welfare. - They supported separate justice systems Judges used to remand young people because of homelessness/mental illness. (now illegal) They can now refer a child to a child welfare society. Meaningful Consequences: - Create long-term solutions Safe Streets Act 2012 - Created provisions to consider when sentencing. Deterrence: - “Don't want to do it (again).” Denunciation - Communicating, “not acceptable in society.” Access to Youth Records: - Youth Justice Court - Review Board - Police Service Involved - Any agency involved in their case - *Schools* - IF IT IS DEEMED NECESSARY: - To ensure the young person’s compliance with an order - To ensure the safety of staff, students, or other persons - To facilitate rehabilitation. - - - - - - Section 6 of the YCJA requires that prior to laying a charge, police must consider the following options or measures: - Taking no action - Warning the young person - Referring the young person to a community based program. Parental involvement: - Parental involvement is encouraged (as long as it is supportive.) - Parents must be given notice of a youth’s arrest & place of detention - Parents may be ordered to attend youth court if it is deemed to be in the best interests of the youth. Detention is permitted with restrictions: - Medical & Psychological reports can be ordered: - Making a decision regarding pretrial release - Imposing an adult sentence - Making or reviewing a youth court sentence Sentencing Principles: - No greater than adult punishment - Regional consistency - Proportionate to offence and responsibility - Priority to non-custodial - Rehabilitation/Reintegration Generally, it is prohibited to publicate youth’s name and identity unless: - Youth is subject to an adult sentence - Youth is subject to a youth sentence for a presumptive offence, or is a violent offender - Deemed necessary to release information in order to carry out the administration of justice. (e.g., youth is at large.) Accessibility of Records: - Extrajudicial Sanctions: - Access terminated 2 years following imposition of sanctions - Acquittal: - Access terminated 2 months after appeal period expires - Absolute Discharge: - Access terminated 1 year after finding of guilt - Conditional Discharge: - Access terminated 3 years after final verdict - Finding of Guilt (Summary): - Access terminated 3 years after sentence completion - Finding of Guilt (Indictable): - Access terminated 5 years after sentence completion. Chapter 4: Other Offences & Child Protection Matters - Absolute Liability Offences: - Require proof of the individual’s guilt but do not require proof of the individual’s intent. - Strict Liability Offences: - Do not require proof of intent, but a defence of due diligence may be allowed. - A youth under the POA: 12 years or older, but under 16. - POA Sentencing Options: - Absolute Discharge - Probation: Maximum 90 days - Fines: Certificate of Offence: $300. Information: $1000 - Custody: Only for breach of probation; maximum 30 days in an open custody facility. - All youths between the ages of 6 & 18 must attend school, and it is the parents duty to enroll the children. - Three legal principles apply to child protection: 1. Fiduciary Duty: - The higher standard of care demanded of adults caring for children 2. Parens Patriae: - The state authority to step in as parent where needed. 3. Procedural Fairness: - Promotes the exercising of rights by children and youth - CYFSA: - Child, Youth and Family Services Act, 2017 Chapter 5: Police Interactions with Youth - Arrest, questioning, and detention of young persons is governed by: - Canadian Charter - Criminal Code - YCJA - Evidence acts, and case law. - Provisions in the YCJA apply to youth on arrest: - Explain accused’s rights in age-appropriate language - Arrange for detention separate from adults - Contact the parents immediately - When a suspect looks to be 25 years or younger, police should proceed as if they are dealing with a young person, until the actual age can be established. - In January, 2017, carding was banned in Ontario. - Police also are now required to tell people that they have the right to not talk. - - - - Role of Parents: - Youth can consult with counsel and a parent. (or another appropriate adult if the parent is absent.) - A meeting between the arrested youth and a parent must be arranged as soon as possible. Parents must also be notified in writing of youth court hearings even if the youth is not detained after arrest. Admissibility of Youth Statements: - The onus is on the prosecution to prove that the police complied with youths rights at arrest, and detention regarding statements, and the retention of counsel. - The youth’s age must be established as at least 12 years, and less than 18 years. - A youth’s decision to waive their right to silence must be recorded and signed by the youth. - Research indicates that many youth do not understand the form, or that signing the form will be followed by police questioning. - Waiving the right to consult a lawyer and parents should only be allowed if the officer is clear that youth understands why such consultation would be in their best interests. - Statements must meet the legal definition of voluntary: - Freely given - Made after being made aware of rights - Made by competent, sane youth capable of appreciating consequences of the statement. - Not in response to a promised favour or threat - Made in the absence of oppression or intimidation. SRO: - School Resource Officer - Objective is to improve safety in school and the relationship between students and police. 1/5 of violent youth crimes occur at school, and 27% of drug crimes involving a youth occurred at school. 1/10 of police reported criminal incidents involving an accused youth, occurred at school during supervised hours. Police generally have positive attitudes toward the use of extrajudicial measures. Police are required to keep records of warnings and cautions. Extrajudicial sanctions are more onerous than extrajudicial measures and must: - be meaningful consequence addressing interests of society - have sufficient evidence to proceed with prosecution - follow youth accepting responsibility for the offence - not be used as evidence of youth in criminal proceeding unless youth fails to complete the sanction - Extrajudicial sanctions may be: - administered either pre- or post-charge - considered in later court proceedings as indicative of a pattern of offending Chapter 6: Pre-Trial Period - Most youth formally processed by police are released in one of the following ways: - Appearance notice - Promise to appear - Undertaking - Recognizance - A surety is required in the majority of cases involving pre-trial youth release - At the bail or interim-release stage of the youth criminal justice process, restorative justice may take the form of a conference. - Typical conditions imposed (for conditions of release) include: - Report to police regularly - Remain in jurisdiction - Avoid persons connected with the offence - Attend school - Keep the peace - The more conditions, and longer pre-trial periods, make it more likely the youth will breach a condition. - The mandate to attend school has a negative effect on youth. - Weakens bond to education system - Negative relationships with teachers. - Less likely to attend school - More likely to drop out. - The youth must be detained in a separate detention facility than adults, UNLESS - They pose a safety risk to themselves or others in youth facility - There is no suitable facility within a reasonable proximity Chapter 7: The Trial of a Young Accused: - The judge will read the information or indictment and inform the youth of their rights if there is no legal counsel present. - If the court is not satisfied that the youth understands the charge, a plea of not guilty will be entered and a trial date set. - Goals of restorative justice initiatives to establish reconciliation, reparation, and transformation outside the formal justice system - - - - Restorative Justice Allows: - Offenders accept responsibility for actions, and understand the impact of their behaviour on others. - Victims to express the impact of the offence on them, and to hear the offender's expressions of remorse. Youth referred to restorative justice initiatives less likely to have further police contact than those processed through the court. Since 2015, the federal Department of Justice has recognized restorative justice as part of its mandate. The Crown: - Lawyer of the State Defence Counsel: - Lawyer for the Young Person - May not reveal confidential information to the youth’s parents The majority of criminal cases result in findings of guilt and conviction. Appeals are not re-trials. The higher court will consider whether the lower court committed an error in law or fact. Decisions made under a review of sentence provisions cannot be appealed. Youth who perceive the court as running smoothly by individuals demonstrating knowledge and professionalism, were more likely to have positive assessments of the legitimacy of the justice system. Youth who experienced delays, misplaced files, and unprofessional judges and lawyers were less likely to believe in the legitimacy of the justice system Therapeutic Jurisprudence: - Brings together the justice system and specialized courts. - Example: Drug courts, and mental health courts. - Most research results indicate that these courts are helpful in meeting the needs of youth in a more tailored way so that they may get help to avoid reoffending. Chapter 8: Sentencing - Sentencing Must: - Hold a young person accountable - Not be greater than adult sentence for same offence - Be consistent for all youth in same region - Be proportionate to seriousness of the offence - Sentencing Should: - Denounce the wrongful action and act as a deterrent - Foster rehabilitation, reintegration, responsibility, and acknowledgement of harm - - - - - - - Defining Serious Violent Offence: - The offence must include: - The causing of bodily harm - A threat to cause bodily harm - Endangerment of the life or safety of another. Reports Considered During Sentencing: - Victim Impact Statement - Medical or Psychological Report - Pre-Sentence Report Adult Custodial Facilities: - If a youth is under 18, custody sentence will not be served in adult facility, even if adult sentence is used - When a youth turns 20, the duration of the sentence is served in an adult provincial correctional facility - A youth could also be transferred to an adult facility after the age of 18, if it is deemed appropriate. Youth incarceration is very disruptive, and its use should be restricted to specific circumstances. One alternative is a deferred custody and supervision order (DCSO), for which a youth serves a 6 month sentence in the community but can be ordered into custody if conditions are not met. Two levels of custody available: - Open - Secure Level of custody to be served is determined by the provincial director Reintegration leave: - A youth’s periodic release into the community to attend school, work, etc. Conditional supervision: - The required period of supervision in the community following custody. Intensive Rehabilitative Custody and Supervision (IRCS): - is available to youth who have psychological issues and who have committed a presumptive offence - must satisfy additional requirements, such as having developed a treatment plan and obtained consent from the provincial director - includes a specialized treatment plan and a wraparound approach that addresses all areas of the youth’s life for better rehabilitation and reintegration Review Of Custodial Sentences: - Custodial Sentencing must take place at least once per year. - It may be requested at other times under certain conditions: - The youth has made sufficient progress to warrant a change - - Circumstances that led to youth’s sentence changed - A new service or program is available - Opportunities for rehabilitation available in the community - Any other appropriate grounds Gladue Decision (1999) - Sentencing of Indigenous Youth must respect their cultural needs and circumstances - Judges must strongly consider all alternatives to custody Chapter 9: Youth Corrections: - Recidivism rates for youth are generally lower than adults - The Evolution of Youth Corrections: - JDA (1908) created a juvenile court and ensured that youth were held apart from adults. - Custody intended to provide rehabilitation, to be nurturing, and to “cure” youth of their “delinquency.” - YOA (1984) included multiple conditions for youth on bail or probation, so young persons unable to meet onerous conditions susceptible to further criminal charges. - YCJA saw declines in charging for minor offences and use of custody, but not for failing to comply with bail orders or conditions of probation. - Federal government proposed amendment to YCJA and Criminal Code by: - setting out principles to encourage use of extrajudicial measures and judicial reviews as alternatives to laying charges for administration of justice offences - setting out requirements for imposing conditions on a young person’s release order or as part of a sentence - limiting circumstances in which a custodial sentence may be imposed for an administration of justice offence - Federal, provincial, and territorial governments share responsibility. - Correctional services are the responsibility of provinces and territories for youth serving custody or community sentences and youth awaiting trial or sentencing. - Federal law under YCJA interacts with provincial and territorial systems to address the setup of courts and provide youth correctional systems. - Variety of institutions provide correctional services to youth who serve sentences in community or are under community supervision after completing the custodial part of sentence. - In-Court Sanctions - Judge may give reprimand, absolute or conditional discharge, fine of not more than $1,000, restitution order, and/or prohibition or seizure order. - Community-Based Corrections - - - - - - - - - Most used sanction is probation with reporting and conditions. Some jurisdictions offer Intensive Support and Supervision Program (ISSP), which provides intensive monitoring, more resources, and referrals to community agencies. Other correctional initiatives: community service orders, referrals to non-residential programs. Most youth charged are 16–17 years old and generally male (females represent 20%–25%). Majority of youth under provincial or territorial correctional services serve a term of probation. Decline in custodial sanctions, as well as young people supervised in custody or as part of community corrections. In 2016–2017, 78% of young persons held in pre-trial detention were there for a month or less; 90% of young people in sentenced custody served six months or less. In community corrections: approx. 40% of youth on probation for six months to a year; an equal number served from one to two years on supervised probation; less than 20% on probation for more than two years. Indigenous youth are 8x more likely to be incarcerated than non-Indigenous peers. Youth diagnosed with mental health disorders more likely to offend and more prone to recidivism - Research indicates that mental health issues cannot be treated in isolation Two models of prisonization refer to negative experience that impacts criminal behaviour and recidivism: 1. Importation: Emphasizes influence of outside experiences 2. Deprivation: Focuses on issues within an institution. Three components to improve daily interventions with young people in closed custody: 1. Need for positive social climate between staff and youth 2. Content of the intervention 3. Youth’s ability and motivation to engage in treatment Stigma of custody, lack of social skills can make it difficult to establish stable pro-social relationships and meaningful employment. Two factors connected to desistance: marriage or a stable relationship, and meaningful employment. Youth need opportunities to participate in educational, extracurricular, and employment activities. Aftercare programs and mentorship can reduce recidivism. Mentors help establish life away from crime. However, the importance of enforcement role cannot be dismissed; it ensures youth are held accountable. Aging out of crime suggests treatment of youth that lets natural process unfold without enhancing chances of being career criminals. Chapter 10: Prevention & Rehabilitation: What Works? - - - - - Deterrence is based on the presence of three factors: 1. certainty: offender certain to be caught 2. swiftness: offender caught soon after offence occurs 3. severity: punishment negates benefits of offence - Judges consider the value of deterrence for individual (specific deterrence) and for community (general deterrence). Boot Camps: - Idea that the offender benefit from highly structured program with military-style discipline - Research indicates boot camps unsuccessful in reducing recidivism rates and may even increase risk of recidivism - Boot camps satisfy a desire to punish but fail to produce rehabilitative benefits. Types of Crime Prevention Strategies: - Aims to stop problems before they start by reducing opportunities and strengthening social support. - Primary crime prevention addresses social, environmental, or situational conditions associated with criminal activities. - Social crime prevention addresses risk factors such as poverty, unemployment, and poor school performance. - Situational crime prevention focuses on environmental factors such as building and landscape designs. - Secondary crime prevention targets those known to be particularly at risk of committing crimes. - Tertiary crime prevention is focused on rehabilitation efforts to reduce long-term offending and minimize impact on victims who may be revictimized. Desistance from Crime: - Desistance is the goal of tertiary crime prevention. - Viewed as a long-term process; offenders terminate offending activities and remain crime-free. - Can be supported through focus on risk factors directly linked to criminal behaviour and offer of assistance for successful social reintegration. Risk factors are deemed static if there is little ability to change them (e.g., sex, age at first conviction, length of delinquent careers, adverse early childhood experiences). Risk factors deemed dynamic if they may be changed through treatment and intervention (e.g., substance abuse, peers, attitudes, personality characteristics). The risk–needs–responsivity (RNR) model designed to assess and screen for risk factors to tailor interventions. Individuals with resilience or the presence of protective factors may thrive despite the presence of risk factors. - - - - - - Protective factors derive from interaction of environmental and family processes, along with individual characteristics. Self-system beliefs, which involve connection with at least one caring, competent adult, are found to have positive impact in the face of risk factors. Ability to negotiate social interactions, problem solve, and demonstrate self-confidence can offset criminogenic needs. Family Domain - Addressing conflict between parents, stress, and economic deprivation can decrease criminal involvement in children. - Criminal behaviour by parents or siblings associated with youthful criminality; also reduction in parental supervision. The Domain of Peers and School - School and peer risk factors can be addressed through programs that promote prosocial interactions with others and school engagement. - The Quantum Opportunities Program (QOP) is an example of a program designed to address these factors. The Domain of Community and Society - Community risk factors addressed through focus on leisure, sport, community safety, and positive economic change. - Valuing diversity, identity, and equality and encouraging youth to contribute to society help to reduce risk. - Social exclusion and discrimination are also risk factors; social inclusion has an impact on preventing youth crime. Highest-risk youth who are responsible for most violence and crime represent only about 5% of all youth. The 4 strongest predictors of offending for youth: - History of criminal behaviour - Antisocial personality pattern - Antisocial attitudes, values, beliefs, and cognitive emotional states - Antisocial associates The next most important predictors include low levels of protective factors involving: - Family - School - Work - Substance Abuse Risk is most often assessed using the Youth Level of Service/Case Management Inventory (YLS/CMI). - This assesses criminal history, family circumstances, education/employment, peer group association, substance use, leisure/recreation, personality/behaviour, and attitudes/criminal orientation. - - - This screening tool provides only direction on areas that must be addressed through clinical interventions. The responsivity principle: - Is based on the notion that in order to have the maximum impact on future offending, an intervention must be individualized, taking into account the offender’s strengths, learning style, personality, gender, culture, and motivation for offending. One of the most effective interventions that can be individualized is cognitive behavioural treatment. Custody is one of the least effective interventions for the majority of youth offenders because youth support each other’s offending, gains made inside do not always remain in place on release, and it is far more costly to offer treatment in custody than in the community.