Flashcards in Ch. 14 - Youth Sentencing Deck (47)
What is the purpose and principles of sentencing according to the YCJA?
"To hold a young person accountable for an offence through the imposition of just sanctions that have meaningful consequences for the young person and that promote his or her rehabilitation and reintegration into society, thereby contributing to the long-term protection of the public."
What is the meaning of just sanctions?
Sentencing is fair and appropriate.
What is the meant by meaningful consequences?
Not about deterrence, The young person must appreciate the consequences for their behaviour.
What is the #1 priority guiding sentencing?
Long-term protection of the public.
What did the YCJA increase emphasis on?
Extrajudicial measures and non-custodial sentences.
What are extra-judicial measures?
Punishments where no charges are laid.
What is the point of extra-judicial measures?
To keep youth out of the judicial system and in the community, while still providing them with necessary resources.
According to the YCJA, what are the 5 objectives of extra-judicial measures?
Providing effective and timely non-judicial response to offending behaviour, encouraging young persons to acknowledge and repair harm, encouraging families of the young persons to be involved, providing an opportunity for victim participation, respecting the rights and freedoms of young persons and being proportionate to the seriousness of the offence.
What options do police have when it comes to judicial measures?
Take further action, warn the young person, administer a caution, or make a referral to a community program.
What does a warning involve?
Explaining what will happen if the youth does it again.
What does a caution involve?
A more formal warning. E.g., a letter issued to the youth in presence of parents.
What are extra-judicial sanctions?
More formal measures taken by the Crown.
What might extra-judicial sanctions involve?
Community service, writing and essay, apologizing, etc.
Is the Crown required to administer sanctions?
No, they may enact measures as well.
What are the 3 requirements for extra-judicial sanctions?
They must be appropriate for the person, they an only be used if there is enough evidence to proceed with a prosecution, and they require that the young person accept responsibility.
What is the relationship between admission of guilt as a sanction condition and criminal proceedings?
Admission of guilt as a condition of sanctions is not admissible as evidence in criminal proceedings.
When can admission of guilt as a condition of sanctions be used during sentencing?
If the youth does not comply with the sanctions and is later tried and convicted, then it may be brought up.
Who are sentencing decisions made by?
Youth court justices.
What are 6 guiding principles of youth sentencing?
No greater than adult punishment, regional consistency, proportionate to the offence and level of responsibility, priority to non-custodial sentences, rehab/reintegration should be the focus, and consideration of Aboriginal youth circumstances.
What are the 10 community sanctions (ordered from least to most onerous)?
Judicial reprimand, absolute/conditional discharge, fine up to $1000, compensation/restitution, community service order, prohibition, seizure or forfeiture, probation, intensive support and supervision, attendance at non-residential centres.
What is judicial reprimand?
A stern warning from the judge. The process of the justice system is punishment enough.
When are absolute/conditional discharges removed from criminal records?
Absolute after 1 year, conditional after 3.
What is the stipulation for compensation or restitution?
Can't exceed 240 hours, must be completed within 1 year.
What is the stipulation for community service orders?
They are part of probation, must be completed within a year.
What is the max length of probation for youth?
What is done when a breach of youth probation occurs?
They revisit conditions and make amendments as needed.
What is the intensive support and supervision program?
An intensive form of probation.
What is the stipulation for attendance at non-residential centres?
They are required to attend a centre that has services for their needs, max 240 hours over max 6 months, and consent of youth of youth is required.
For a judge to *consider* custody, one of what 4 criteria must be met?
The youth has committed a violent offence, failure to comply with two or more non-custodial sentences, "pattern of findings of guilt" at least twice where an adult would be sentenced to two years for at least one, and it is an "exceptional" case where aggravating factors make it impossible to provide a non-custodial sentence.