Understanding the Youth Criminal Justice Act- Lc3- CRJS 3936 PDF

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3rd lecture for CRJS 3936...

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Lecture 3 Policy Objectives Key policy objectives are reflected in the content and structure of the Act. Overall aim is to decrease the unacceptably high level of incarceration. Extrajudicial Measures Extrajudicial Measures: process by which young people who admit responsibility for their offence can be dealt without outside of the court system. Section 4 of YCJA states extrajudicial measures are: - Often the most appropriate and effective way to address youth crime - Able to allow for timely and effective interventions - Assumed to be adequate for first-time, non-violent offenders - May also be appropriate in some circumstances for repeat offenders Section 5 of YCJA states extrajudicial measures should be designed to: - Provide effective and timely response outside of judicial measures - Encourage young people to acknowledge and repair harm done - Encourage families and communities to be involved - Provide an opportunity for victims to participate - Respect the rights and freedoms of young persons and be proportionate to the seriousness of the offence.

Rights and Obligations Rights and obligations of young people and parents under the YCJA: - Presumption that extrajudicial measures are efficient if youth is a first time, non-violent offender - Right to appear in youth court and have a parent notified about their status before the court - Right to be represented by a lawyer - Right to have charge read aloud and explained. If the youth does not understand the charge, the judge must enter a non-guilty plea. - Right to not be detained in custody prior to sentencing. - Right not to be denied bail unless the prosecutor proves it necessary to 1) ensure the young person comes back to court, 2) protect the public, 3) maintain the confidence of the public - Right to have decision to deny bail removed - Right to be held in custody separate from adults - Parent: any person who is under legal duty to provide for or has custody of a young person. Parents are to: reduce crime by addressing underlying cause, provide guidance and support to those at risk of committing a crime

Lecture 3

Sentencing Under YCJA Purpose of sentencing (s. 38(1) ) - “Hold a young person accountable for an offence through the imposition of just sanctions that have meaningful consequences for the young person and that promotes their rehabilitation and reintegration into a society, thereby contributing to the long-term protection of the public Sentencing Principles (s. 38(2) ) - Sentence must not be more severe than what an adult would receive; must be based on precedence of the region, must be proportionate to the seriousness of the offence and degree of responsibility of the offender. - All other sanctions other than custody are to be considered, especially for Aboriginal youth. Factors to be Considered (s. 38(3) ) - Degree of participation by the young person in the offence - Harm done to victims and whether intentional and reasonably foreseeable Judge required to submit a pre-sentencing report (s.40), which includes: - Results of the young person’s and parent’s interviews - Results of interview with the victim - Any other info applicable to the case (character, behaviour, school attendance, etc.,.). - Any info that could assist the court in determining alternatives to custody Principles NOT included in YCJA: - Deterrence - Denunciation

Variety of Sentences Variety of potential sentences for young persons (s.42): - Conditional or absolute discharge, fine, restitution to victims, community service, order of probation, forfeiture or seizure, probation. In deciding between OPEN or SECURE custody, judge must consider: - Young person should be placed in the level of custody involving the least degree of containment and restraint. - Level of custody should allow for the best possible match of programs to the young person’s needs/behaviours - Likelihood of escape if placed in open custody - Recommendations from youth court/provincial director

Lecture 3 Total length of custody/supervision cannot exceed 2 years unless punishment under the Criminal Code would me life, then the max is 3 years. Sentencing Aboriginal Youth S. 38 (2)(d): “All available sanctions other than custody that are reasonable in the circumstances should be considered for all young persons, with particular attention to the circumstances of Aboriginal youth. - Influence of R. v. Gladue - Issue of over-rep of Aboriginal youth in YCJS - Despite the goal of reduction, statistics suggest the proportion of Aboriginal youth in custody has increased since the introduction of the Youth Criminal Justice Act.

Sentencing Youth as Adults Presumptive offences introduced in the YCJA - Unless rebutted by youth, certain offences would be sentenced as an adult The Supreme Court of Canada (SCC) decided that was UNCONSTITUTIONAL. NOW- Crown must prove why an adult sentence is appropriate for the youth...