Criminal Law and Young People

What Do You Think? The law is too lenient on young people – especially on those who commit violent offences. Young people should have stricter sentences (ex. More or longer jail time). A “get tough” policy is not the most effective way to address youth and crime. Society should devote more resources to crime prevention and rehabilitation of youth who break the law.

What factors contribute to high- risk behaviour amoung adolescents (including breaking the law)? Lack of self-confidence Troubles at home or at school Peer pressure Developmental factors Most young people go on to become productive, law-abiding citizens, only some become serious or repeat offenders

Read “Incapacity of Children” - p.358 (N) or p.313 (O) Do You Agree?

Juvenile Delinquents Act (1908) Covered youth age 7-16 or 7-18 (depending on the province) Delinquents included children who ran away from home, skipped school, committed crimes, were “unmanageable” or “sexually immoral” Applied unequally (ex. Against girls who were sexually active) Treated delinquent youth as misdirected, in need of encouragement and support HOWEVER…

“Welfare of the Child” Approach Many young people were sent to “training schools” Do you think vocational schools would be a good way to rehabilitate a youth? Judges determined what was in the “best interest” of the judge – very inconsistent

Rights The Juvenile Delinquent Act failed to recognize the legal rights of youths. Justice is supposed to be FAIR, CONSISTENT, and IMPARTIAL. What is your assessment of the Juvenile Delinquent Act?

Young Offenders Act (1984) Covered young offenders from years old Young persons were to be held accountable for their crimes, but at a lower level of accountability Recognized legal rights of young people according to the Charter PLUS additional rights because of their age and vulnerability Allowed young people facing serious charges to be transferred to adult court.

YOA Amendment 1992 Increased maximum sentences a youth court could impose for murder from 3 years to 10 years. Do you agree with this amendment?

YOA Amendment 1995 Allowed for easier transfers to adult court for 16 and 17 year olds charged with serious offences. Do you agree with this amendment?

By 2000 Canada had one of the highest rates of youth incarceration in the world! Thoughts?

Youth Criminal Justice Act (2002) Covers youth from years of age Limits use of custody – police are required to look for other options Goal to make the sentence match the crime Addresses circumstances underlying behaviour Focus on rehabilitation

Amendments Prior to 2008: Youth automatically given adult sentences for “serious violent offences” Now: Youth presumed to be entitled to a youth sentence, but the Crown can petition for an adult sentence A young offender’s name is only made known to the public if they receive an adult sentence and only after sentencing has taken place

Read and Answer the Questions for - R. v. S (R.S.S.) on p. 358 (N) or p. 311(O)

Legal Rights of Young People Read p (N) or (O) 1. Under the Youth Criminal Justice Act, why are youths provided certain rights in addition to those in the charter? 2. The search, questioning, detention, and arrest of a young suspect must be conducted in a specific manner. Explain 3. Identify the most important additional rights youths have with respect to questioning by police. Why are these rights provided? 4. Why are the identities of young suspects and witnesses protected from publication in the media? 5. Occasionally when police are looking for a young person who they suspect committed a crime, a judge lifts the media publication ban for five days. DO you think this violates the YCJA? Explain.