Youth Crime

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Youth Crime
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Youth and Crime

• The question of what to do with young people that
  break the law is not a new issue
• In 1908, Canada enacted the Juvenile Delinquents
  Act.

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• Under this act, young offenders were treated much
  like adults
• They were held with adults while awaiting trial
  and received the same sentences as adults

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• In 1984, it was replaced by the Young Offenders
  Act
• This act didnt last very long
• It was criticized for being too lenient on
  certain offenders especially violent crime

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The YCJA

• On April 1, 2003, the Youth Criminal Justice Act
  (YCJA) came into force, replacing the Young
  Offenders Act (YOA).
• It was supposed to address the shortcomings in
  the YOA, with a special focus on diversion and
  re-integrating young people back into society

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• The YCJA applies to youths between the age of 12
  and 17 (Youre legally an adult on your 19th
  birthday
• There are several major differences between how
  young people are treated by the law. The
  objectives are different.

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The objectives of the youth justice system

• to prevent crime
• rehabilitate and reintegrate young persons into
  society
• ensure meaningful consequences for offences

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Some of the major differences between youth
justice and adult justice
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• Measures of accountability are different
  because teens are considered less mature than
  adults
• Basically, young people are held less accountable
  for their actions
• The punishment levels differ as a result

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• Procedural protections are enhanced
• This principal includes things such as
  publication bans the names of young offenders
  can only be published in rare circumstances

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• Rehabilitation and reintegration are given
  special emphasis
• Imprisonment is considered a last resort under
  the YCJA. It is reserved only for repeat and
  violent offenders

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• The idea is to keep young people out of jail but
  to still provide meaningful consequences for
  their actions
• In fact, many cases are kept out of court
  altogether. Police are encouraged to try all
  possible options before proceeding with criminal
  charges

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• This is a controversial aspect of the bill. Many
  critics say it is far too lenient on youth crime

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• If a case does proceed to court, there are many
  sentencing options for youth court judges
• These are divided into custodial and non-custodial

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Non-Custodial Sentencing Options
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Reprimand

• This is essentially a strongly-worded, formal
  scolding from the judge. (Not even a slap on the
  wrist). This option should only be used in minor
  cases, where the act of being arrested and taken
  through the court proceedings may be enough to
  discourage the youth from re-offending.

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• The judge may also use this sentence to send a
  message to the prosecution, implying that the
  case should have been diverted.

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Fines

• Youths may be fined up to 1000 for an offence.

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Compensation

• The court may order a young person to compensate
  another person for loss, damage or injury

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Community Service

• The court may order a young person to perform
  community service that does not exceed 240 hours
  of service that can be completed within twelve
  months

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Probation

• a young person may be placed on probation for up
  to two years. The judge has some discretion in
  attaching conditions to a persons probation.

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• These may include attending school, residential
  restrictions, refraining from drugs and alcohol
  and the wearing of funny-looking hats. About 1/5
  of all youth custody cases are the result of
  people not meeting conditions of their probation.

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Custodial Sentencing Options
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• One of the aims of the YCJA IS to reduce the
  incarceration rates among young people,
  especially in the case of non-violent offences.
• Some supporters of the act say that without the
  necessary funding and infrastructure in place,
  diversion programs and non-custodial sentencing
  are doomed to failure.

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Deferred custody

• This is a new sentencing option under the YCJA
• A deferred custody and supervision order may be
  for a specified period that is less than six
  months

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• During that time, the young person is in the
  community and must follow conditions set by the
  youth justice court judge. A breach of conditions
  may result in a modification of the conditions.

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Custodial Sentences for Most Offences
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• The maximum length of the custody and supervision
  order for most offences is two years.
• For offences for which an adult would be liable
  to life imprisonment (attempted murder,
  manslaughter, and aggravated sexual assault)the
  maximum youth sentence is three years.

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Murder

• The maximum length of the order is ten years for
  first-degree murder and seven years for
  second-degree murder.
• Murder convictions must carry some term of
  imprisonment. It is the only offence under the
  YCJA where a prison term is mandatory

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Pirating DVDs

• Youths caught trading in illegal DVDs or
  illegally downloaded music may be locked in a
  small room and forced to listen to Celine Dions
  greatest hits (on repeat) for up to six months.

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• There is a new provision in the YCJA that allows
  some serious offenders to be sentenced to
  intensive rehabilitation.

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• This youth-only form of intervention is an
  attempt to prevent young people from becoming
  career criminals. It may also apply to
  offenders with a mental or psychological
  disorder.

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Adult Sentences

• Under the YOA, if a 16 or 17-year-old was charged
  with murder, attempted murder, manslaughter or
  aggravated sexual assault, it was presumed that
  he or she would be transferred to the adult court
  and, if convicted, would receive an adult
  sentence.

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• Under the YCJA, there is no transfer process. The
  case is heard in youth court, but the judge may
  apply an adult sentence for the cases mentioned
  above.
• The age at which the presumption of an adult
  sentence applies is lowered to 14.

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• The test for an adult sentence requires the court
  to determine whether a youth sentence would be of
  sufficient length to hold the young person
  accountable.

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• If a youth sentence would be of sufficient length
  to hold the young person accountable, the court
  must impose a youth sentence.

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• A young person under age 18 who receives an adult
  sentence is to be placed in a youth facility
  unless it would not be in the best interests of
  the young person or would jeopardize the safety
  of others.

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• http//www.cbc.ca/news/background/crime/ycja.html