Chapter 10

Question 1

Who is a young offender?

Answer 1

• anyone between 12-17 who commits a crime

- under 12: NOT a criminal… they don’t have the mental capacity to form intent

Question 2

Goal of Youth Criminal Justice Act

Answer 2

• promote accountability/responsibility
• provide long-term solutions for youth & reinforce good social values
• speed up process & make it more flexible
• protect public safety while respecting youth’s human rights

Question 3

At what age can youth be tried as an adult?

Answer 3

14 or older

Question 4

Extrajudical Sanctions

Answer 4

• programs to teach youth about their mistakes -> rehabilitation is goal
• apologies to victims, work to compensate victims, community service, counselling, rehab

Question 5

Arrest and Detention of Youth

Answer 5

• charter rights apply for serious offenders
• can have parent/adult present during questioning
• parents must be informed of detention and can be forced to be present in court

Question 6

Bail for Youth

Answer 6

• often involve curfew
• generally released to custody of parents
• can be on house arrest or wear electronic monitoring device

Question 7

Youth Records

Answer 7

• only used for adult bail hearings/sentences
• destroyed 5 years after summary offenses or 5 years after penalty has been served for indictable
• if youth receives adult sentence, they’ll have adult record

Question 8

Trail Procedures for Youth

Answer 8

• at family court or youth justice court
• no jury, just judge
• media and public can attend (can be reported on, but names cannot be disclosed unless tried as an adult)

Question 9

Transfer to Adult Court/Transfer Hearing

Answer 9

• only for youth over 14 with a crime that carries a sentence of 2+ years
• Transfer Hearing: decides if case will be moved to adult court. Parents, witnesses, and groups are allowed to give opinion about its pros and cons

Question 10

Sentencing for Youth

Answer 10

• needs/circumstances of youth, needs/circumstances of victim, and safety of public taken into account
• judge reviews pre-sentence report to get info on youth
• sentence based on rehabilitation and re-integration into society

Question 11

Absolute Discharge (Youth)

Answer 11

• first time offence, no public safety issues

- they’re guilty, but no formal action will be taken

Question 12

Fine (Youth)

Answer 12

• summary offenses (ie. trespass/property damage)

- fine can be up to $1000 and ability for youth to pay it is considered

Question 13

Compensation (Youth)

Answer 13

• summary offences

- youth pays monetary repayment to replace property damage/loss of wages to victim

Question 14

Community/Personal Service (Youth)

Answer 14

youth works for victim (must agree with decision) or in the community if they can’t pay the fine or replace property

Question 15

Probation (Youth)

Answer 15

limits youth’s freedom by having them supervised by a probation officer for up to 2 years

Question 16

Custody (Youth)

Answer 16

• most serious choice for judge
• open custody: foster care, group homes, etc.
• secure custody: prison
• only for youth who are dangerous to society or if other sentences haven’t worked