CRIM 210 Study Guide - Final Guide: Young Offender, Reasonable Suspicion, Cadency
2 Nov 2019
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Crim 210 Final Exam Review
The YCJA (2003):
Three Main Principles:
• Crime Prevention
• Rehabilitation
• Meaningful Consequences
Other Principles:
• Accountability
• Rights
• Timely Intervention
• Societal Values
• Repair Harm
• Respect Gender/Race
• Victim’s Rights
• Parental Involvement
Revisions through Bill C-10 (2012):
• New primary goal: Protection of the public
• Increased pre-trial detention of youth
• Redefine ‘serious offence’
• Redefine ‘violent offence’
• Add deterrence and denunciation as sentencing principles
• Increase use of custody for repeat offenders, even if diverted
• Require police to record extrajudicial measures
• Require Crown to consider adult sentences for youth 14+
• Require Judge to consider publishing names of young offenders
• Ensure that no young offender serve time in an adult institution
Youth Contact with Police:
Major Issues:
Age:
• 12 to 17 years old
Detention:
• Reasonable suspicion that individual they are detaining was involved or
witness of a crime police is investigating
• Habeas Corpus- show judge why person is detained (evidence) and if
there is not enough evidence the person must be released (Section 10)
• Police have to explain to youth why they are being detained
Questioning:
• Determining the age of person is key principle in questioning detainees
• Police has to inform youth about their legal rights to remain silent, contact
parents and lawyer
Arrest:
• Police need to decide whether to arrest young person or divert them
• Authority to arrest people comes from whatever act the police officer or
peace officer is enforcing
• Prevent future criminal offences, end an offence that is in progress, end an
offence against public order, arrest warrant, to make sure person shows
up to court, arrest to preserve evidence
• Police can arrest someone to establish their identity
• Police can arrest if they have reasonable and probable grounds
Legal Rights
• Search and seizure
• Questioning
The Role of the Parents:
Informing the parent
• ensures young person has guidance, emotional support, assistance in
practical matters
When parents are the problem
- if parents are abusive, then they need to find another adult
The role of the parent
• provide support for child, advise child of their legal rights
Making Statements & Waiving Rights:
Interviews
• have to be done very carefully
Confessions
• admitting guilt to police can and cannot be used to result in a more lenient
sentence
Admissibility in Court
• confessions have to be recorded so playback is possible in court
Legal Rights
• explain legal rights in ways that are understandable based on their level of
education, language, emotional state
Waiving Rights
• signed, recorded, witnessed
• used in court or reviewed by judge
• young person has to be capable of understanding what they are signing
• cannot be coerced
Police Diversion:
Extrajudicial Measures (Diversion):
• Have enough evidence to charge, but don’t
• Can include: no further action, verbal warning, written warning, referral to
community program (EXAM)
• All of these can occur with the parents, depending on the circumstance
• The YCJA is clear that extrajudicial measures must be considered in all
circumstances
Decision to Divert:
• Seriousness of the offence
• Prior contact with police
• Attitude
• Race and other socio-economic factors
Extrajudicial Sanctions:
• More serious method of diversion done through the Crown Prosecutor
• Can take place prior to charges being laid, or after charges being laid
• Typically involves referral to a specific program with mandatory attendance
• Failure to complete could result in formal charges
Objectives & Success of Extrajudicial Measures:
• Reconciliation & Mediation
• Restitution
- some way of paying victim back; fines, work-based programs to fix
damage
• Role of Police
- how people should be dealt with; officers are gatekeepers to the
programs; recommend youth to programs
• Rate of Referral
