MIDTERM 3: Youth Justice

Question 1

______ was based on the concept of parens patria

Answer 1

Juvenile delinquents act JDA

Question 2

the ____ emphasized treatment over punishment

Answer 2

JDA

Question 3

Indeterminate sentences were used in the YOA

Answer 3

FALSE: JDA

Question 4

identify the 4 points of the JDA

Answer 4

• based on concept of parens patria
• emphasized treatment NOT punishment -> custody used as last resort
• informality and flexibility important (due process not needed)
• broad scope of behaviors targeted -> youth in “state of delinquency” -> intermediate sentences used

Question 5

the YOA saw youth delinquency through responsibility/accountability and special needs/rights

Answer 5

True

Question 6

identify the 3 points of the YOA

Answer 6

• youth seen as responsible offenders -> emphasis on responsibility/accountability and special needs/rights
• legislation and courts transformed closer to adult system -> ensures due process but emphasized rehabilitation and protection of society -> shift from welfare model to criminal law model
• highest rates of youth incarceration -> custodial sentences intended to serve a “short, sharp shock”

Question 7

_____ represents a shift from the welfare model to ______

Answer 7

YOA, Criminal law model

Question 8

the JDA is framed as limited accountability in comparison to adults

Answer 8

FALSE: the YCJA

Question 9

what reflected a bifurcated approach?

Answer 9

YCJA

Question 10

the YCJA’s purpose of sentencing is:

Answer 10

• hold a young person accountable
• impose just sanctions with meaningful consequences
• promote the young persons rehabilitation and reintegration into society
• contributing to long-term protection of public

Question 11

The YOA first used extrajudicial measures

Answer 11

FALSE: YCJA

Question 12

what is the term used for “keeping youth out of the formal system”

Answer 12

extrajudicial measures

Question 13

“if police believe that a warning, caution or referral is not sufficient, the case will be referred to the Crown who has the option of issuing a caution or using an extra-judicial sanction (not a conviction)”. what section does this partain to?

Answer 13

True

YCJA - extrajudicial measures

Question 14

an extrajudicial sanction cannot be used if the youth wishes to have the matter dealt with by youth court.

Answer 14

True

Question 15

when can the crown use an extrajudicial sanction ?

Answer 15

• sanction must be appropriate
• can only be used if there is enough evidence to proceed with prosecution
• requires that the young person accept responsibility
• cant be used if youth wishes to have matter dealt with by youth court

Question 16

(exam question) list the principles of youth sentencing

Answer 16

• no greater than adult punishment
• regional consistency
• proportionate to offence and responsibility
• priority to non-custodial
• least restrictive -> rehabilitation -> promote responsibility and acknowledgment of harm
• denounce unlawful conduct -> deter

Question 17

(exam question ) what are the sentencing options for youth sentencing

Answer 17

• absolute or conditional discharge
• fine up to $1000; compensation or restitution; community service order
• probation; intensive support and supervision
• attendance at non-residential centers
• deferred custody and supervision order
• custody and supervision order
• intensive rehabilitative custody and supervision order

Question 18

Custody has been effective at reducing youth crime

Answer 18

FALSE: custody increases recidivism

Question 19

Are institutions conducive to youth?

Answer 19

NO -> they are not conducive for proper social, emotional, and intellectual development

Question 20

youth are equally likely to cope with incarceration as adults

Answer 20

FALSE

Question 21

how does custody affect youth in the future?

Answer 21

Stigma

• release from incarceration undermines ability to secure educational/ employment opportunities