The Youth Criminal Justice System

1
The Youth Criminal Justice System

• Chapter 10

2
TermsOld New

• A youth criminal is a person who is 1217 years
  old and is charged with an offence under the
  current Youth Criminal Justice Act (YCJA).
• A young offender was a person aged 1217 who was
  charged with an offence under the previous Young
  Offenders Act (YOA).
• A juvenile delinquent was a young person from the
  age of 7 or older who was charged as a young
  offender or youth criminal under the historic
  Juvenile Delinquents Act (JDA).

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Juvenile Delinquents Act

• Until the 1890s, there was no distinction between
  how adults and youth were treated by the law.
• In 1892, the Criminal Code was amended to try
  children separately from adults.
• In 1908, the federal government passed the
  Juvenile Delinquents Act (JDA).
• The age limit under the JDA ranged from 7 to 16
  or 18 years old (depending on the province).
• Youth who committed crimes were treated as
  delinquents, not criminals focus was to
  rehabilitate, not punish them.
• Legal rights of juveniles were mostly ignored and
  as a result their sentences were often unfair and
  inconsistent.

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Young Offenders Act

• The Young Offenders Act (YOA) officially replaced
  the JDA in 1984.
• The minimum age changed from 7 to 12 and the
  maximum age was set at 17 in every province and
  territory.
• The YOA recognized the rights of youth as
  guaranteed in the Canadian Charter of Rights and
  Freedoms.
• Common criticisms of the YOA included
• being too soft on young offenders
• not properly addressing serious and violent
  offences
• lacking a clear philosophy on youth justice

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Youth Criminal Justice Act

• The Young Offenders Act was replaced by the Youth
  Criminal Justice Act (YCJA) in 2003.
• A number of changes were introduced in the YCJA,
  starting with a Declaration of Principle, which
  states that the purpose of the youth criminal
  justice system is to
• prevent crime by finding out what causes youths
  to offend in the first place.
• rehabilitate youths and reintegrate them into
  society.
• ensure they are given meaningful consequences for
  their actions.
• promote the long-term protection of the public.

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Changes in the YCJA

• The YCJA brought in a number of changes
• The age that a youth criminal could be tried as
  an adult for very serious, violent crimes was
  lowered from 16 to 14 years.
• Judges could impose adult sentences for violent
  crimes committed by youth and publish the
  offenders names.
• Less emphasis on custody and more emphasis on
  alternative sentencing options for minor and
  non-violent offences.
• Increased community supervision for youth
  criminals who have served time in custody.

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Diverting Youth From Crime

• Custody is only used for youth criminals if they
  are repeat offenders or if they have committed a
  very serious crime, usually involving violence.
• Alternative sentencing options include
• Extrajudicial measures non-violent, first time
  youth offenders avoid trial and participate in
  diversion or community programs. Under the YOA,
  these were called alternative measures programs.
• Extrajudicial sanctions a more serious
  punishment for a youth criminal that does not
  create a criminal record also avoids a trial.

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Extrajudicial Measures

• Extrajudicial measures and sanctions include
• Counselling
• Education programs
• Community service
• Official apologies
• Caution letters
• Restitution or compensation
• Social skills improvement
• Essays or presentations
• Charitable donations or personal service

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Arrest and Detention

• Similar to adults, young people in Canada have
  legal rights as guaranteed by the Charter of
  Rights and Freedoms.
• However, youth are provided extra protection and
  additional rights (Section 25).
• Young people who are being arrested must be
  informed of their rights in words or language
  that they can understand.
• In addition to having a right to counsel upon
  being arrested or detained, young people also
  have the right to have a parent/guardian present.

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Searches

• Similar to adults, police may search a youth if
  they have reason to believe the youth has drugs,
  alcohol, or a weapon on his or her person.
• A youth will also be searched if he or she is in
  the process of being arrested.
• In the case of R. v. M., 1998, the Supreme Court
  ruled that a school authority, such as a
  principal, may search a student if he or she has
  reasonable grounds to believe the student has
  breached school regulations.
• Reasonable grounds include information from
  credible students and a teachers observations.

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Detention Bail

• Youths have the same rights as adults when it
  comes to posting bail.
• Terms for youth bail usually include curfews,
  adult supervision, and forbidding contact with
  people, like the victim and certain friends.
• Most youth are not released without a
  suretysomeone who posts their bail and agrees to
  supervise them until their trial.
• Accused youth who are thought to be dangerous or
  likely to skip their trial may be sent to a
  foster home the home of an existing family where
  a young person is placed to be cared for and
  rehabilitated.

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Parents

• If a young person is arrested, his or her parents
  or guardians must be notified as soon as
  possible.
• Parents are encouraged to be present during each
  step of the legal process for their child.
• A judge may also order parents to appear at a
  hearing or the trial.
• If the youth is found guilty, the parents have an
  opportunity to provide input before their child
  is sentenced by a judge.

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Trial Procedures

• Under the YCJA, an accused youth may be tried in
  a youth or family court.
• Trials for youth follow the same rules of
  evidence and formality as adult trials.
• Under the YCJA, the names of accused youth will
  not be published unless they are convicted of
  very serious, or presumptive offences, such as
  murder or aggravated assault.
• All youth trials are held in a youth court.
• The maximum sentence for a youth (not tried as an
  adult) is 10 years of secure custody for first
  degree murder.

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Youth Sentencing

• Under the YCJA, the principles of sentencing are
• To hold offenders accountable for their
  behaviour.
• To consider victims needs and concerns.
• To impose appropriate sanctions while emphasizing
  rehabilitating and reintegrating offenders into
  society while protecting society at the same
  time.
• Before sentencing a youth criminal, the judge
  reviews a youth pre-sentence report, which may
  include
• interviews with the youth, parents, and victim
• history of the youths criminal offences
• character information on the youth
• school records
• medical or psychiatric information
• youths attitude toward the crime

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Sentencing Options

• In addition to custody, a judge has many options
  on how to sentence a convicted youth that are
  similar to adult sentences.
• Common sentences include
• absolute discharges
• fines (maximum fine for a youth is 1000)
• restitution or compensation
• community service
• probation
• Convicted youth criminals may also be ordered to
  participate in police or community-based programs
  so their interactions with the police can become
  more positive.

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Probation Orders

• Standard conditions for a youth placed on
  probation differ from adult probation.
• These conditions often include
• attending school regularly
• reporting to a probation officer
• following a curfew
• remaining at home with parents/guardians
• staying away from shopping malls and stores
• performing personal or community service
• not using alcohol or drugs

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Custody

• This is the most serious type of sentence that a
  judge can give a youth criminal.
• Custody is used as a last resort by judges, when
  they believe that alternative sentencing options
  will not work.
• A judge will sentence a youth criminal to custody
  if the youth
• has committed a violent crime and needs
  supervision.
• fails to comply with earlier, less serious
  sentences.
• In Canada, there are two types of youth custody
  open and secure.

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Open Custody

• Youth criminals who require structure and
  supervision, but who are not considered very
  dangerous, may be sentenced to open custody.
• This type of custody usually involves sending a
  convicted youth to a group home, which
  accommodates several youth criminals for a set
  time period or a foster home, in which the youth
  lives with other families.
• Group homes are operated by trained staff.
• Foster parents receive money from the provincial
  government for providing a foster home.

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Secure Custody

• This is the most serious type of custody in which
  the convicted youths freedom is completely
  restricted.
• Secure custody facilities generally have barred
  windows and locked doors. Some are located in
  separate wings of adult jails.
• This sentence is given to convicted youth who
  have been convicted of very serious and violent
  crimes, and/or youth who are considered
  potentially dangerous and a threat to the public.

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Appeals Reviews

• The Criminal Code provides youths and adults with
  the same rights to appeal their sentences.
• Under the YCJA, a review may be requested by the
  youth, his or her parents, or provincial
  authorities.
• If a youth criminal is sentenced to secure
  custody, his or her sentence is automatically
  reviewed annually (once a year). A judge may
  decide to decrease a sentence upon this review,
  but cannot increase it.