In adult court, it is professionals who present the two sides of the case, but in youth justice court, there are no professionals.
When a parent or another responsible person is present, it is not necessary to remind a young person of right to counsel; having said it once is enough.
A young person who is brought into a police station for a breathalyser test has a right to consult counsel before the test can be given.
When the case of a young person gets to court, there is no longer a role for the police.
Defence Counsel must be mindful that their job includes representing
The criminal justice system
The society
The young person who is their client
Two of the above
Under the rule of “one lawyer per family”, young persons are represented by
The lawyer who represents the parents
A lawyer of their parents choosing
Both of the above
None, this rule does not exist.
In youth justice court, the role of the Crown Prosecutor is
Focused on the needs of the young person because of the YCJA
Very different from what it is in adult court
Not much different from what it is in adult court
Which of the following is not a responsibility of the judge in youth justice court?
Ensuring that defense counsel has made full disclosure to the Crown
Resolving disputes over the admissibility of evidence
Determining that proper procedure was followed in laying the charges
Determining guilt or innocence
It is for any of the most serious offences that a young person can elect to have trial by jury in youth court.
Trial by jury is a right of all Canadians as long as the charge against them involves a violation of the Criminal Code of Canada
Typically, the youth justice court is held in private without any member of the public allowed to be present
In the youth justice court, a young person may elect to have a trial by jury
For any serious offence
Only when both parents consent
For 1st or 2nd degree murder if the Crown is seeking a youth sentence
None of the above
Young persons must personally appear before the youth justice court
Only if their lawyer is not present
For all charges
Only for charges of serious offences
Only for charges of presumptive offences
In the youth justice court, judges may consider the protection of the privacy of all but which of the following?
The young person who is charged
victims
The police
witnesses
The YCJA seeks to reserve court proceedings for
Young persons who are second-time offenders
More serious cases
Young persons who have already received two or more warnings
In the youth justice court, the standard for a finding of guilt is
The guilt is “beyond a reasonable doubt”
The guilt is “on the balance of probabilities”
There is no formal finding of guilt
The standard changes with the merits of each case
Pre-sentence reports are usually prepared by the police officer who made the arrest
Once a young person receives an absolute discharge, that discharge cannot be admitted again in court.
The purpose of a youth sentence is to appropriately punish the young person for the harm done
A youth justice court judge may require a young person to perform up to 240 hours of community service.
Community service orders are reserved for those 16 and 17 years old and never used for those 14 and 15 years old.
Which of the following is not a concern of the YCJA when it comes to sentencing?
Protection of society
Holding young person accountable for their behaviour
The mental and emotional health of the young person
Ensuring that young people show respect for the judge and officers of the court
Which of the following is not likely to be found in a pre-sentence report?
Plans the young person might have about the future
Information on the young person’s age and attitude
Results of interviews with the young person
Results of interviews with the accomplices of the young person
There is no reason to believe that pre-sentence assessments are found to be useful by
Young persons
judges
Crown prosecutors
Defence council
Which of the following may not be used as a condition of probation?
Try to obtain employment
Repair relationship with parents
Report to a probation officer
Attend school
Which of the following conditions is not permitted in a probation order?
Must remain in a specific city
Must reside in a specific location
Must try to obtain employment
All of the above are permitted
“Least degree of restraint” when applied to a custodial facility means that the residents are allowed to come and go as they please, but only during the day
A facility with a “higher degree of restraint” means that the extent of restraint or control is greater than in a facility with a “lower degree of restraint”
In contrast to the United States, the practice in Canada is to have indeterminate sentences
When a custodial sentence is given, the following is to be taken into account: The highest level of restraint possible
When a custodial sentence is given, the following is to be taken into account: The safety of the young person
Which of the following is least consistent with a facility in a higher degree of restraint?
classrooms
community reintegration
segregation cells
“lock down”
If a young person turns 18 years while serving a term of custody
The term of custody is automatically extended so that custody will last for at least 12 additional months.
The offender is automatically transferred to a correctional facility for adults
The term of custody ends
The term continues
Changes to a young person’s custody can be made by
Correctional officials
The youth justice court
The provincial director
The Crown prosecutor
Young persons who do not return once their re-integrative leave has been revoked may be
Arrested and subjected to treatment
Arrested only with a warrant and returned to custody
Arrested without a warrant and returned to custody
Arrested without a warrant and returned to their parent’s house
Conditional supervision orders allow young persons to
Serve the remainder of their custodial sentence with almost no conditions imposed on them, except for staying out of trouble.
Hold a job or go to school while living in a secure custody facility
Serve sentences to secure custody in open custody
Serve the remainder of their sentence in the community
Identify 4 Purposes of Re-Integrative Leave
Medical
Compassionate or humanitarian
Rehabilitation
Go out of town on a vacation
Reintegration into the community
The distinction between phase I and phase II offenders is based on the seriousness of the offence
Facilities that provide custody of young persons in conflict with the law in Ontario are all privately operated
All facilities are required to have the same treatment services
Which of the following is not consistent with the “strict discipline” approach to custody for young offenders?
education
Extend periods of leisure time to teach the need for structure
Earned privileges
Respect for self and others
The only objective of the criminal justice system is to find innocent people not guilty
Restraint has the goal of protecting the community from further harm.
Retribution is balanced.
General deterrence depends on the vicarious experience of punishment
Even laws that are difficult to enforce can play a role in expressing where we stand, as a society, with respect to certain behaviours.
Capital punishment is the ultimate form of
Restraint
Retribution
General deterrence
One argument for retaining laws that are difficult to enforce is that they are
A form of restitution
A specific deterrent
Symbolic
No such argument can be made for this situation
Primarily, restitution involves the notion of
Putting the case to "rest"
Making the victim whole again
Allowing the victim to be involved in the punishment of the offender
Returning cash and property to the victim
The Youth Criminal Justice Act is focused primarily on
Making the young person function effectively in society
Compensating the victim
Punishment of the young person
Achieving balance between the offender and the victim
Restraint is
A primary goal of the YCJA
Not a major focus of the YCJA
The underlying principle of restorative justice
A concept used to limit how much a victim is compensated
In victim impact statements victims get to tell the court the nature and length of punishment that the offender deserves
Typically in youth conferencing circles the community is represented
The notion of restorative justice was largely unknown until the YCJA came into effect.
Restorative justice programs even exist in large cities.
The police can refer a young person to a restorative justice program.
The manner in which restorative justice is to be implemented is
Clearly identified in the Criminal Code of Canada
Clearly identified in the CFSA
Clearly identified in the YCJA
Left up to each provincial jurisdiction to determine
Restorative justice is intended to
Expand options that are consistent with the criminal justice system
Compensate the victim
Act as a form of general deterrence
Punish the young offender
For restorative justice to be effective, the offender must
Be ready to admit guilt for the act
Acknowledge the extent to which the victim suffered
Be prepared to accept responsibility for the consequences of the act
All of the above
Restorative justice programs appear to be most effective in
Communities with large proportions of young people
Aboriginal and first nations communities only
Smaller, homogeneous communities
Large, homogeneous communities
Restorative justice programs
Usually initiated by victims wishing to receive compensation
Have been shown to be the most effective means of rehabilitating young people
Are the most cost effective way of compensating victims and making them "whole" again
Seem like a good idea but with some questions as to their overall effectiveness
Most adult criminals start their careers as young offenders
Most young persons do not become adult criminals
Once a young persons in conflict with the law come into contact with the authorities they are bound to be chronic offenders
Among young people, positive attitudes toward the police tend to decrease over time
An attitude is an emotional predisposition
Which of the following is true about the attitude of young people toward the police?
Attitudes are little affected by personal experience
Attitudes are remarkably stable over time
Attitudes are more positive as young people move through adolescence
Attitudes are more positive among younger kids
Which of the following is related to young people's attitude toward the police?
Self-reported law-violating behaviour
Having been arrested
Self-definition as a delinquent
Which of the following types of contact with the police is least likely to generate a positive image of the police?
Being arrested
Making a 911 call
Reporting a robbery
Asking the police for directions
Which of the following appear to play some role in determining people's attitude toward the police
Age
Culture
Experience
The best advice for a police officer is to not talk to young people they encounter, unless they have something official to say to them
Victims of child endangerment often become young offenders
Police officers are not only law enforcement officers, but social workers as well.
Gang behaviour is found only in the largest cities in Canada
There are some clues as to whether gang behaviour exists in a community.
Many young people have feelings when interacting with the police that can best be described as
Joyful
Ambivilent
Enthusiastic
Pitiful
What is the role of the police uniform in influencing the relationship with a young person?
It has no effect
It can be positive
It can be negative
It can be either positive or negative
Which of the following is probably NOT good advice to give a police officer on how to deal with young people?
Talk with kids
Don't let them beat you to the punch
Sweat the small stuff
Be firm, but fair
Which of the following is a form of child endangerment?
Neglect
Sexual molestation
Emotional abuse
Which of the following is least likely to be true of victims of child abuse and neglect?
Victims of sexual abuse have parents who do not get along well
Victims have poor relationships with their parents
Sexual abuse victims have a dense web of peer relationships
Children between 8 and 12 are most vulnerable to sexual abuse
