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Youth Criminal Justice Act
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Definitions Justice: the quality of being just, impartial and fair
guilt or innocence are determined fairly treated equally under the law Criminal Record: when you break a federal law ex: breach, perjury, theft, trespassing at night you do not get a criminal record for breaking provincial laws
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Criminal Code of Canada
Book includes: Criminal Code Canada Evidence Act CCRF Controlled drugs and substances Crimes against humanity/war crimes Includes a grid that outlines sentencing possibilities
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Offences and Sentences
Summary conviction: less serious months incarceration Indictable offence: more serious; maximum sentences. 6+ months incarceration Hybrid: the Crown Prosecutor and Judge may decide on sentencing Sentences: Federal Penitentiary: 2+ years Provincial facility: 2 years less a day
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Age of Criminal Responsibility: 12 years
Age at which you can be charged as an adult: 14 years Age of majority under the law: 18 years
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History of Youth Justice
Juvenile Delinquents Act 1908 Charges apply to ages 7-adult Separate system, separate courts Based on belief that youth are not responsible for their own actions Young Offenders Act 1984 12-17 year-olds Use wasn’t clear; youth were sent to jail for just about everything. Youth Justice Renewal Decreased reliance on jails Introduced alternatives (rehabilitation) Meaningful consequences
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Youth Criminal Justice Act
2003 12-17 year-olds Focuses on: Emphasizes respect, victims, responsibility and accountability. Meaningful consequences Rehabilitation and re-integration
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Youth Sentencing Reprimand: Absolute Discharge: Conditional Discharge:
Stern warning from judge Absolute Discharge: Court is satisfied that nothing else need be done; youth is released with no conditions Conditional Discharge: Youth is released after having followed specific conditions for a specified period of time Fine: Youth pays money to the court Compensation: Pay money to another person (usually the victim) Restitution: Return to the owner any stolen goods within a specified period of time. Pay Purchaser: Payment made to a person who innocently bought stolen goods Personal Service: Provide compensation “in kind” to victim Community Service: Work in the community without pay
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Youth Sentencing Cont’d
Prohibition: Banned from owning something Seizure: Something is taken away from the youth Forfeiture: Youth has to give up something he/she has Probation: Supervision for a period up to two years Intensive Support and Supervision: More support than probation to enable the youth to change Attendance Order: Must attend a program such as anger management Custody and Supervision Order: Serve time in a young offender centre or community, followed by supervision in the community Deferred Custody and Supervision Order: Serve sentence in community under conditions rather than in custody. Intensive Rehabilitative Custody and Supervision Order: For most violent and high-risk youth.
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Youth Criminal Records:
If charged, your record stays in CPIC for: Summary offences: 3 years after sentencing is complete Indictable offences: 5 years after sentencing is complete If you turn 18 and re-offend while your offence’s access period is open, that charge rolls over into your adult record. Adult records are permanent. Criminal records impede: Jobs Travel Attendance at college College opportunities Volunteer work
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