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Chapter 1

LAWS 3307 Chapter Notes - Chapter 1: Publication Ban, Young Offenders Act, Visible Minority


Department
Law
Course Code
LAWS 3307
Professor
Gary Barnes
Chapter
1

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Youth Criminal Justice Law
Chapter 1 Notes
Children and youth have “special needs and limited capacities—require distinctive, or
at least separate, treatment from adults” (p 1)
By the age of 18 (adult) one has basically all rights and obligations bestowed upon
them
Growing up- self awareness and autonomy
Challenge authority
Adolescence engage in high risk behaviours more than adults
o Unsafe sex
o Drinking and driving
o Drugs
o violence
under the CCC a child lasts up until the age of 12 but depending on the crime a YP
could receive another form of proceeding (child welfare)
Just like anyone else Mens Rea is required
The YCJA recognizes that youth have “diminished moral responsibility"
Contd
deterrence is less effective
higher sentences wont defer YP
YPs are more open to rehabilitation
YPs should not receive greater sentences than adults with the same offence
Rooper v. Simmons (2005) decided it was cruel and unusual to put the death penalty
on a YP
YPs have "heightened vulnerability, less maturity and capacity for more judgement"
(p.6/7)
Crown must prove if they believe it is necessary to charge as an adult
17th century "doli incapax" incapacity to do wrong
JDA 1908
they didn't want to make a distinction between neglected and delinquent YPs
they are deemed the same class and should be dealt with the same way
welfare oriented
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