Youth Criminal Justice Act (YCJA)

Slide 1

• 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.