Youth Criminal Justice Act(YCJA)

What is the Youth Criminal Justice Act?

•YCJA, known as the youth criminal act is the law in Canada’s government, concerning the youth justice system.

•It applies to teenagers or youth whose age vary from 12 - 17 who have committed crime.

•The YCJA replaced the Young Offenders Act on April 1st, 2003 and was revised in October of the year  2012.

•The overall purpose of the Youth criminal justice act is to make the public feel safe

What the YCJA says

• Youth Criminal Justice Act:• -Prevent crime by addressing the circumstances underlying a young person’s

offending behaviour. • -Rehabilitate young persons who commit offences and reintegrate them into society.

i)Ensures that a young is subject to meaningful consequences for his or her offence in order to promote the long term protection of society.•

ii)The criminal justice system for young persons must be separate from that of adults and recognize their reduced level of maturity.

What it means

• -A minor may need counselling for alcohol or drug abuse.-Teaches minors how to make positive choices for their future.i)for example,if a young person damages someone’s property,they should explain themselves to the person they wronged,and repair or replace the property.•

ii)young offenders are not as responsible for their actions as adults and should not face the same consequences as adults.

YCJA Effect on the Number of Youths Charged With Crimes

•In 1999 63% of youths were accused of crime, about 37% of youth were not charged.

Did You Know?

•If you are younger than 12  years old the YCJA does not deal with you

•Most Youth Commit crimes between the ages of 14 and 17

YCJA Effect on the Number of Youths Charged With Crimes

• Youth Crimes Decreasing in canada•

Between 1991 and 2006 youth crime rate went down by 49%•

Alberta-41%• Ontario-34%• Quebec-25%

are the consequences for young offenders appropriate?

•i think the consequences are appropriate and they should be given these punishments because they need to get some discipline in them and that way they can also learn some life lessons.•The Conservative government is introducing a bill to treat young offenders a lot more brutal.•Aboriginal young offenders are put in jail at a young age and  for a long period of time than kids that are not aboriginal young offenders

Example of the yCJA.

• -A 13-years old got arrested under the youth criminal justice because of the shooting incident that killed a 14-year old girl.

what consequences they face

• If you are charged with a crime and you are aged 12 to 17 years old then you can get a free legal aid lawyer to represent you or if they have done something really serious then they would do community services to make them understand and get more discipline in them.

What consequences do young people face when they break the law?

Factors That Determine Your Consequences

•A history of that young person. If they have

• ever been in trouble before, they face more serious • consequences than first-timers.•

The attitude of that young person. If they take• responsibility for their actions, they will also face • less serious consequences than someone who doesn’t.•

The seriousness of the offence that young person • has done. If that person has made a violent offence, • it's more serious than a non-violent offence which will get him in more trouble.

The Youth Criminal Justice Act - What is it?

• The Youth criminal justice act is the law that governs Canada’s youth justice system. • You have to be in between 12 and 18 years of age for it to apply to

you. On April 3, 2003 YCJA started.• The purpose of the YCJA is to hold young people accountable for their

actions.

What legislation existed before the YCJA?

• When the Youth Criminal Justice Act (YCJA) came into place, the former legislation it replaced was the Young Offenders Act (YOA). After years of the YOA playing a role in conducting youth offenders, many criticized the YOA as being too soft or too easy on young people. The YCJA was then was introduced as the answer to the criticism upon the YOA.

Difference between the YOA and the YCJA

• The YCJA lays out a very strict and straight to the point concept. On the other hand, the YOA was less harsh. A key objective of the YCJA was to also allow less serious cases to be dealt with outside of the court system. Including only providing warnings or caution to teens who may have participated in less-serious/harmful criminal activities. Under the YCJA, teens between the ages of 14-17 may be charged as adults if appropriate, which was previously impossible with the Youth Offenders Act.

The Impact(s) of the YCJA

• The YCJA, was introduced as an act to be more harsh with youth offenders. The YOA, was the previous legislation bestowed upon young people. The YCJA became a major factor to the decrease in the percentage of youths charged. Police action against youth also decreased by 30%, having to only provide warnings etc.

Should the YCJA be changed?

• Teen agers now is badly influenced by their friends and for what they are seeing to other people.For the youth who committed crime should be separated by the adult prisoners because they might be more influenced. The youth criminal system is intended to protect the public by preventing crime.

Many people also wants to changed YCJA, to be fair they should give the right punishment for the youth and adult.

Should the Consequences of adults be equal to the young people?

• Many people argue that young people are not capable of making judgements as adult do. That they are not as experienced or understand their actions like adults do. Studies show a big difference for immaturity and arrogance in youth rather than adults. even young adults still carry these traits, so why does it mainly focus for under 18? Reaction and response simulation tests show that they retaliate in a reasonably negative way than adults did.

• People say that they are still developing their views. Young people are usually let off easy in this way because of their young minds. This way they have a better chance of changing their lives. Another common view shared by people would be that if teens are warned ahead of time of the dangers of committing the same crime again, they should be punished with a harsher punishment and maybe even an adult one if they are of age. Many others feel teens should be warned of consequences more often and with more emphasis. I think we can all agree that everyone deserves a second chance.

Justice Advocacy groups

What do Justice Advocacy groups do?

• Advocacy groups are organizations that try to intervene with the action taken by the people without using political power like parties do.They almost always affect the public in a good way.They do have competition in their fields.

What power do they have in society?

• Advocacy groups don't have political power the only real power that they have they get from the people the support them .Overtime they have become stronger because of families that are new to Canada.They have focused on on these families because the could use these groups the most

What are ‘justice advocacy groups’

•Canada has 2 major justice advocacy groups, the John Howard society and the Elizabeth Fry society.•These organizations work independently of government and try to solve the underlying reasons for crime.•They work with youths and adults who have broken the law to help them return to their communities.

Who are Advocacy

• Advocacy is a group of people who influence the public without having candidates for election

How are they important to society

• The advocacy group plays a very important role in the government and the public opinion. They influence governments and the public to change how they view their opinions of the government.

The John Howard Society

•The John Howard Society traces its roots back to 1867, and is still active to this very day.•Its main purpose is to help prisoners and ex-convicts in reforming and reintegration into society following their sentence.•Currently, they have branches and offices in over 60 communities across Canada.

What is the role of the Elizabeth Fry Society?

• Elizabeth Fry was a determined and educated women, she was born into a wealthy family and single handedly formed an association for the female prisoners of Newgate. She then expanded her work to help the poor.• The Elizabeth Fry society beliefs everyone can contribute to

society. They help women who have done crimes and try to help them have a better and more successful life. Many women in these situations struggle with addiction and mental illness. They help these women by educating them and putting them threw therapy and counseling.

What is the Elizabeth Fry society?

• People can make bad decisions in life but in the end society needs to help them become better people and make a difference in society. Women are helped a lot in the Elizabeth Fry society. Elizabeth Fry society's main goal is to make a real change in a women's life. Jacqueline Biollo was executive director in the Elizabeth Fry society in Edmonton in 2007.

What Responsibilities do Jurors Have?

What do juries do?

•Jurors as well as judges may try people ages 14 and up for serious offenses such as murder and assault and etc...under the YCJA.•For these offenses juries always have twelve people and all twelve must agree on the verdict and their decision is unanimous.   

What juries are capable of doing.

•They decide issues on the basis of their own community knowledge.•in civil proceedings, parties may elect to dispense with the jury except in cases involving libel, slander, seduction, malicious arrest or prosecution and false imprisonment.•Serious offences like murder, treason, sedition and hijacking require trial by jury in a superior court.  

History of the Jury

• Where the jury originally came from is debateable. People say it was founded in Frankish Inquest then the English acquired it.•

The jury was originally made for people who witnessed the situation to tell the court what they knew. During the 12th Century, they were used to find and give an answer to a question, then it was presented to the king.•

The system was then used so that the people are the one who decides the fate of a person, not the government; and so that the Monarchy would not abuse their power to their advantage.

Jury nullification

• The jury nullification occurs when only the jury returns a verdict of “not guilty”, that verdict can’t be questioned by any court. Then the jury nullifies a law that it believes is wrongly applied to the defendant. • Jurors sometimes use nullification to send messages to prosecutors

about misplaced enforcement priorities or what they see as abusive prosecutions.• Jury nullification prevents our criminal justice system from becoming

too rigid--it provides some play in the joints for justice, if jurors use their power wisely.

Types of Jurors

• Trial Jury (Petit Jury)• A trial jury, also known as a petit jury, decides whether the defendant

committed the crime as charged in a criminal case, or whether the defendant injured the plaintiff in a civil case. • Consists of 6-12 people.• Trials are generally public, but jury deliberations are private.• Defendants have the right to appear, testify, and call witnesses on their behalf.• Final outcome is a verdict, in favor of plaintiff or defendant in a civil case, or

guilty/not guilty in a criminal case.

Types of Jurors

• Grand Jury• The grand jury determines whether there is “probable cause” to believe

the individual has committed a crime and should be put on trial.• Consists of 16-23 people.• Grand jury proceedings are not open to the public.• Defendants and their attorneys do not have the right to appear before

the grand jury.

Advantages/Disadvantages of a Jury System

• Advantages:• Juries represent the common public and therefore are more likely to

judge in line with generally accepted values of the society.• Discussions among jurors could lead to more thorough consideration

of all aspects of the case• It may be more difficult to corrupt 12 jurors than one or several

judges.

• Disadvantages: • Group pressure might be influential on the decision• Juries may be swayed by the current prejudices in the society, which

are not supported by law.• Since the decision by jury is a group decision, individual members of

the jury may not feel that responsible about their duties and therefore neglect it.

What responsibility do jurys have

•Under the YCJA a person 14 years of age or older can choose to be tried by a judge and jury for certain offenses like assault or murder •For these offences juris always have twelve people and all them have to agree on the verdict •Anyone 18 years and is a canadian citizen is eligible for jury duty •serving on juries is considered A DUTY OF CANADIAN CITIZEN  •if you get request to jury duty it’s your responsibility to appear at the courthouse

what’s a jury

• The juror are the people that have the responsibility of helping the decision of if the person is guilty or not

but a jury is not needed in every legal case. There will be a jury in some civil cases such as assault cases. But for the majority of civil cases such as personal injuries actions and family law cases there is no jury

The jury had of 12 members of the public who sit in a box on one side of the judge. One of the jurors is selected as a foreman of the jury by the members of the jury before the case starts. He or she is the person that speaks for • he jurors

What Role Do Elders Have In The    Justice System?

Intro:

• As you take your time to read our slides the topics you will learn about are:• -How do elders contribute to the fairness and equality of youth justice• - What role do elders have in the justice system • - To what extent is the justice system fair and equitable for youth• - A summary of what people's opinions are • - Youth Justice Committees• -What are the committees doing in the system

What roles do elders have in the justice system?•Elders play a big role in the youth justice committees.•YJCA claims that the youth can face many consequences for their actions.•Youth justice committees show the idea of something called a sentencing circle which was apart of the traditions of some of the aboriginal peoples •The YJCA acts on the idea that when you break the law you affect everyone in the community and that they should partake in any solutions possible.•As respected people of the community elders play a very important part in the youth justice system.

How Do Elders Contribute To The Fairness and Equality Of youth Justice

•Elders within the community have  numerous amounts of knowledge regarding culture, language, and history.•With their wisdom guiding the youth it leads to a more developed aged  that can contribute to being a better role model in society.•providing mentorship to young people to prevent crime or help them re-integrate with society can bring justice and equality to that district.

• Example

•An elderly passing on their culture and values to the youth community teaching them right from wrong and guiding them in the right direction can lead them out of illegal activities such as drugs, alcohol, firearms, and gangs.

Elder Rita Auger

• -Elder Rita Auger of the Bigstone Cree Nation works with the Youth Justice Committee for Wabasca and Desmarais in Alberta. Traditionally, Elders are respected for their experience and knowledge, and for acting in the best interests of their entire communities.• - She believes when the committee gathered together, they• begun with a smudging ceremony to get things done at the • right direction. The Ceremony represents truth, peace and

understanding.

Darrell Anderson Gerrits

•Darrell Anderson Gerrits is an author of the “Issues For Canadians” textbook.•He interviewed Elder Rita Auger and he also translated the whole conversation from Cree to English.•He is a member of Bigstone Cree Nation Alberta.•He believes that “An Elder represents a person molded by traditional culture…”

Youth Justice Committee

•Youth justice committees are an example of restorative justice processes that encourages people to help.•People are encouraged to help and resolve conflict by talking with each other. •They help communities learn about :

•How crime affects youth in the community •What the community can do to prevent youth from being involved in crimes•Ways everyone can help to provide opportunities for younger people.

What are the committees doing in the justice system?

•The Youth Justice Committees reflect the idea of sentencing circle.•Sentencing circles come from the traditions of some Aboriginal peoples, whose systems of justice can also include consequences such as banishment.•The committees act on idea that breaking a law harms everyone in a community, and that the community must involved in solutions.