PFP 101 Lecture 1: Youth Justice

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30 Jan 2020
Department
Course
November 21, 2019
Youth Justice
Youth Criminal Justice Act
Federal legislation for how to treat 12-17-year-olds
The focus is on reintegration and rehabilitation. Proportionality is different for young
people. The YCJA recognizes that young persons must be held accountable for criminal
acts, although not in the same way or to the same extent as adults.
Mental and cognitive ability is more limited
Young people usually get out of jail much faster, if they go to jail at all
Half the time we do not end up charging them.
Usually being young is a mitigating circumstance
St mikes - Premeditated, sex crime, violent offence, severity, aggravating factors
when we sentence - young people/vulnerable people and animals
We updated the Young offenders act because it was too lenient. It did not help
differentiate between violent and non-violent offences.
Two streams
Violent - full extent of the law
Non-violent - Diversion, extrajudicial measures, community service, counselling
services, The focus is on trying to change the pattern of behaviour that led to the
offence.
They must attend school, they live at a certain place with a certain guardian
Violations of the EJMs can land young people in Jail
Ejms administered
by parole officers (reactive)
Still, they have a mandate to protect the public.
Statistically, in terms of the data, it has proven to be more effective to not put young
offenders in jails
Focused on restorative justice
Indigenous Canadians
Did and do have their own system for CJ resolution
Keeping young offenders who are indigenous near their communities
Conferences - restorative justice - consensus
Publication bans. Are they absolute? Can they be nullified?
Flow charts (Cleo, 2014a and Cleo 2014b) charges can depend on age, the alleged crime,
evidence, past CJ interaction (50% of charges) in ONT against young people = guilty (small)
pleading guilty, plea bargaining
YJC replaced YOA which replaced JDA
YCJA used to help reduce the use of courts and incarceration. Fairer and more effective
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