Youth Criminal Justice Act (YCJA)

    Chapter Two - Youth Criminal Justice System

Important terms to know

Fair and equitable - governed by rules that apply to everyone, taking into account individual needs and circumstances. Example - when an individual breaks the law, an investigation in the person's circumstances is complete.   Justice - applying laws. Examples - an individual breaks the law and is brought to justice for it. - getting a ticket and paying the fee.

Justice system - the institutions and procedures for applying laws in a society. Example - individuals, such as RCMP, peace, fish and wildlife offices , and sheriffs. - Institutions such as the provincial, municipal, and supreme courts.   Fundamental principle - a person is assumed innocent until proven guilty.

Vancouver Riots

In 2011, after the Canucks lost the Stanley Cup Final, the city erupted in riots. Police arrested anyone involved in the rioting.

If you are arrested, you have the right...

- to remain silent. - to speak to a lawyer or guardian. - to have your parents with you during questioning. - to have a lawyer in court.

Youth Criminal Justice Act (YCJA)

The YCJA was passed by parliament in 2003, but similar laws have been in place since the 1890's. Defines the consequences young people aged 12-17 face for criminal offences. Some examples of consequences include counselling and community service.    - Note: Community service - refers to help in the community performed as part of a sentence (e.g., picking up garbage on the highway). Prohibits adult sentences for youths aged 12-13. ​​​​​​​   - Note: Sentence - refers to a consequence for a crime determined by a court of law (e.g., imprisonment). Allows adult sentences for serious crimes committed by youth fourteen years of age or older. Protects the privacy of offenders; their name is not published unless they receive an adult sentence. Most avoid a criminal record: a permanent record of breaking the law which is made public. Police forces - local, provincial, and federal - are responsible for upholding the YCJA.

The Court Process

--> Consequences Before the YCJA, every youth offender went to court, which meant: Offenders didn't face consequences for a long time. Consequences often didn't connect back to the people and communities the offence affected. ​​​​​​​--> Determining factors - Factors that determine consequences Seriousness of offence History Attitude ​​​​​​​Circumstances

Principles of the YCJA

Prevent crime by addressing the circumstances underlying a youth's offending behavior. Rehabilitate youths who commit offences and reintegrate them into society. Examples of rehabilitation - probation and counselling. Example of reintegration - individual is reintroduced to society. To ensure meaningful consequences to promote long term protection of society. Must be separate from the adult justice system due to reduced maturity.

Jury

Jury - a body of people sworn to give a verdict (decision) in a legal case on the basis of evidence submitted to them in court. Twelve jurors must have unanimous verdicts.   Anyone eighteen years or older who is a Canadian citizen can be a juror. Considered a duty. Must make arranged statements if summoned. Employers don't have to pay you.