Chapter 2 To what extent is the justice system fair and equitable for youth?

1. Chapter 2To what extent is the justice system fair and equitable for youth?

2. Focus Questions of this Chapter • What is the intention of the Youth Criminal Justice Act ? (YCJA) • What are citizens’ legal roles and responsibilities? • How do citizens and organizations participate in Canada’s justice system?

3. What is the intention of the Youth Criminal Justice Act ? (YCJA) • The Youth Criminal Justice Act (YCJA) was passed in 2002 and was proclaimed law in April 2003. • The objectives of the YCJA are to prevent crime; rehabilitate and reintegrate young persons into society; and ensure meaningful consequences for these offenses. The system can contribute to the long term protection of society.

4. Notes Continued… • The philosophy of the YCJA is that young offenders should be treated differently from adults who are expected to understand and be fully accountable for their actions. • 75% of all youth crime is non-violent- most crimes which youth are charged with are against property, like theft and mischief. • Young people who break the law typically have a history of having their rights violated, poverty issues, family difficulties, child abuse, and neglect. According to statistics about 1 in 6 have Fetal Alcohol Spectrum Disorder

5. Glossary terms: find the definitions on page 56 and add them to your notes. • Fair and Equitable • Justice • Justice System

6. Why do you believe justice is portrayed as being blind? This photo shows the statue of justice at the courthouse in Vancouver, B.C. The statue is blindfolded and holds a scale, or balance. Think about being accused of a crime, such as vandalism. In what way would you want justice to be “blind”? What would you want justice to weigh in the balance?

7. An Edmonton hockey fan kicks a burning phone booth during a riot following a playoff game in 2006. Police arrested many people — youths and adults, bystanders and others — to stop the rioting in the interests of public safety. Think critically (answer in your notes): Who should face consequences for incidents like this? What consequences would be just? Go to: http://www.youtube.com/watch?v=SEwusXv-Zxk and view this news item.

8. Inside the Justice System A True Story • Read the cartoon on page 61-63. Then answer the questions in your binder. • Question #1 page 62 • Questions #2 and #3 on page 63

9. Complete the following sections in your Ch.2 Handout: How are youth justice and adult justice different in Canada? Canada’s Justice System Refer to page 64 in your textbook.

10. How are youth and adult justice different in Canada? • Canada has different legislation for youth who break the law and adults who break the law. • The Youth Criminal Justice Act (YCJA) was passed by parliament in 2003. Canada has had laws like the YCJA –that treat young offenders different from adult offenders since the 1890s. (Young Offenders Act-1984, Juvenile Delinquents Act -1908)

11. Canada’s Justice System • The YCJA – defines the consequences young offenders face for criminal offences. • Criminal Code of Canada (CC of C) – defines the consequences adults face for criminal offences.

12. YCJA • Youth 12-17 years old • Allows some youth to face consequences such as counselling and community service. • Prohibits adult sentences for youths 12-14 years of age. • Allows adult sentences for youth 14 years and older who have committed serious crimes.

13. YCJA • Protects the privacy of young offenders. (media can not publish names unless they receive an adult sentence) • Allows most young offenders to avoid a criminal record.

14. Criminal Code of Canada • Deals with adults in trouble with the law. • Makes going to court the usual consequence for breaking the law. • Defines adult sentences, which can include long period of imprisonment for some crimes. • Allows for publication of offenders’ names. • Creates a criminal record for most offenders.

15. Consequences for Youth • Before the YCJA – every young person who broke the law was charged and went to court. • Often meant that young offenders did not face consequence for a long time, and that the consequences did not always connect back to the people affected by the offence.

16. What factors determine the consequences young offenders face? • The seriousness of the offence. • Murder vs. theft • The young person’s history. • Repeat offenders more likely to get serious punishment. • The young person’s attitude. • A person who takes responsibility for his/her actions is more likely to face less serious consequences

17. What factors determine the consequences young offenders face? • The young person’s attitude. • A person who takes responsibility for his/her actions is more likely to face less serious consequences • The circumstance of the young person. • Did he/she grow up in an abusive home? • Did he/she grow up in a loving environment?

18. What are the objectives of the YCJA? A. The youth criminal justice system is intended to: 1. Prevent crime by addressing the circumstances underlying a young person’s offending behaviors • Counseling for alcohol/drug abuse or help with coping with a family situation. 2. Rehabilitate young persons who commit offences and reintegrate them into society • Providing young offenders with the skills to make positive choices in the future, and help them find positive ways to participate in the community.

19. What are the objectives of the YCJA? • Ensure that a young person is subject to meaningful consequences for his or her offences in order to promote the long-term protection of society. • A young person damages someone’s property, they should explain themselves to the person they wronged, and repair/replace the property

20. What are the objectives of the YCJA? • The criminal justice system for young offenders must be separated from that of adults & recognize their reduced level of maturity: • Young offenders are not as responsible for their actions as adults and should not face the same consequences as adults.

21. How has the YCJA affected the number of youths charges with crimes?

22. Stats and Facts • Less youths are being charged since the YCJA was introduced, police have other options. • Most young offenders get into trouble with the law only once. But, the younger people are when they first break the law, the more likely they are to break the law again.

23. Are the consequences for young offenders appropriate? • Read pages 72-73 • Respond to the following questions for each article: • What is the main idea of the article? • What does it say about the fairness and equity of the justice system? • In your opinion, which is more important: the privacy of young offenders or public safety? Why?

24. How to Create a Political CartoonTechniques Used

25. Analyzing Political Cartoons

26. What role do Canadian citizens and organizations play in the fairness and equity of Canada’s justice system for youth? • The Jury: • Under the YCJA, a person 14 years of age or older can choose to be tried by a judge and jury for certain serious offences (assault/murder) • 12 people on the jury • ALL must agree in order to reach a guilty verdict • This means the decision is UNANIMOUS. • Anyone 18 years or older is eligible for jury duty with only a few exception (convicted criminal)

27. Jury • Serving on juries is a responsibility of any citizen called to participate. • You must take time off work, find a ride, etc. regardless or your personal desire • Employers have to give you time off for jury duty • But, they don’t have to pay you • You can be excused form jury duty if you can prove it causes undue hardship.

28. Jury • Defence: Lawyer supporting the accused and his evidence to assist an innocent plea. • Prosecution: Lawyer and evidence to support the guild of the accused • Sequester: Remove the jury form the outside world. This means that they have no contact with media, and even sometimes family.

29. Advocacy Groups • Canada’s two major citizen-led justice system advocacy groups: • John Howard Society (works with men, women, boys and girls in trouble with the law) • Elizabeth Fry Society (focus on justice issues for women and girls) • Work independently of government, trying to solve the underlying reasons for crime. • They provide public education on the justice system

30. Advocacy Groups • Work with youths and adults who have broken the law to help them return to their communities. • Stand up for the rights of youth and adults accused of crimes. • Call for measures to improve the fairness of the justice system for people accused of crimes and those harmed by crime.

31. What role do elders have in the justice system? • Under the YCJA, young people may have to face consequences from Youth Justice Committees. These committees reflect the idea of the sentencing circle. • Sentencing circles come from the traditions of some Aboriginal peoples. The committees act on the idea that breaking a law harms everyone in the community, and that the community must become involved in solutions.

32. What role do elders have in the justice system? • Instead of removing the offender from the community and isolating him or her, the circle affirms the essential goodness of the offender, attempting to restore and re-build the offender, the victim, and the community to which they all belong. • As respected members of their communities, Elders play an important role in this approach to justice.

33. END CH2

34. Viewing: Youth Justice a New Approach • Watch the video on Youth Justice a New Approach https://www.youtube.com/watch?v=iCJrXU4XW3o • After watching the video complete the worksheet provided. You will have 10-15 minutes to complete. Be prepared to discuss responses with the class.

35. YCJA vs. Criminal Code of Canada • Create a Venn diagram in your notes that compares the similarities and differences between the Youth Criminal Justice Act with the Criminal Code of Canada. Use the information on Page 64 CC of C YCJA

36. Walk in Assignments Do you think that a separate justice system is needed for young offenders? How would a criminal record affect your quality of life? How might it affect your identity?

37. Role Play • In groups of 2-5 (depending on the scenario you are given) You will act out a scene. Then you will decide individually what punishment is suitable for each scenario. Record your answers on the sheet provided. • Each group will be given a scenario in your group you have 10 minutes to prepare a skit which you will re-enact in front of the class. Each student will be given a sheet to respond and rank the severity of the scenario.

38. Scenario #1 Drug Use • Offender: Matthew Lawton • Age 14 • The school principal caught Mathew smoking a joint on school property. The principal immediately called the police and alerted Matthew’s parents.

39. Scenario #2 Bullying • Offender: Jon Slayer • Age 16 • Jon is a tough guy, and the leader of a small gang that is terrorizing a school. Lucas Jones, a student, was forced to pay Jon 10 dollars a week if he didn’t want to get beaten up. Eventually Lucas couldn’t pay, and he told his parents the whole story. Jon was arrested- and as it turned out, it wasn’t the first time.

40. Scenario #3 Shoplifting • Offender: Nancy Roberts • Age 15 • Nancy was stopped by security guards for stealing a jeans in a department store. A month earlier, she had been issued a warning for having stolen a pair of earrings. This time, the police were called in and, with the aim of getting the parents involved.

41. Scenario #4 Vandalism • Offender: Charles Todd, alias Destroy • Age 16 • Charles was arrested by the police as he was caught breaking the plexiglass of a bus shelter. The officers read him his rights and took him to the station, where his case was taken over by an officer with the youth squad. Charles made use of his right to call a lawyer.

42. Scenario #5 Armed Robbery • Offender: Frederick Branson • Age 16 • Fred was arrested following an armed robbery in a convenience store. He spent the night in jail, and had to appear in court within 24 hours. The judge released Fred until the trial date, but set certain conditions he must follow for his release.

43. Scenario #6 Racism • Offenders: Mark Hopper and Neil Lewis • Age Both 16 • A young North African girl was the victim of a racially motivated assault perpetrated by Mark and Neil. Mark had no previous history and regretted his actions. The idea for the assault was Neil’s. He also had a pattern of violent conduct.

44. Scenario #7 Assault • Offender: Dan Archer • Age: 16 • On Friday afternoon, instead of attending school, Dan had gone to meet his friends at the video arcade. To get some spending money, he had stolen a purse from an elderly woman. During the theft , the woman’s arm was broken. In the presence of the victim, Dan was able to see the seriousness of his actions.

45. Scenario #8 Drug Trafficking • Offender: Patrick Donahue • Age 17 • Patrick was arrested on his way out of a rave where he had been selling Ecstasy. His father was the one who originally got him into dealing drugs at age 14. Eventually things changed for Pat and he decided to back to school.

46. Scenario #9 Murder • Offender: Hugh Baker • Age 13 • Hugh set fire to his home and admitted that he had done so to kill his mother’s new boyfriend, whom Hugh thought was trying to take his father’s place. Hugh was arrested.

47. Scenario #10 Joyride • Offender: Simon Allen • Age 16 • Simon was stopped by the police while driving along a neighborhood. He was legally obligated to identify himself, and finally did so with some reluctance. Simon did not have any identification with him; worse still he was driving a stolen vehicle. “It can’t be!” he protested. It was his father’s car! Simon, however, had taken the car without telling anyone: it was theft, even if it was the family car. The police arrested Simon and took him down to the police station.

48. Walk in Assignment • If two young people of the same age commit a crime, would do you feel that they should receive the same sentence? State at least 3 reasons why or why not.

49. Glossary • Add the following terms into your glossary sheets • Community service • Criminal record • Sentence

50. What Factors Determine The Consequences Young Offenders Face? • Read page 68 to find out what determines the consequences for young offenders. Then answer the following question in your notes. Be prepared to discuss in class. Question: If you could add 2 more items to the consequence list for young offenders what would it be?