Chapter 2

Question 1

If a youth is arrested what are their rights?

Answer 1

To remain silent
To speak to a lawyer, parent, or guardian
To have your parents with you during questioning
To have a lawyer if you go to court

Question 2

What happens first if you are arrested as a youth?

Answer 2

They read you your rights and ask for a statement. Then they take your finger prints and pictures

Question 3

What happens after a youth gets their pictures and finger prints taken?

Answer 3

They call your parents to pick you up

Question 4

What happens after you go home after you commit a crime?

Answer 4

You can go to court and a judge will tell you what your sentence is

Question 5

What is the legislation for youth who break the law called?

Answer 5

The YCJA. Youth Criminal Justice Act

Question 6

When was the YCJA formed?

Answer 6

In 2003

Question 7

What is the Criminal Code of Canada?

Answer 7

The law defines the consequences adults face for criminal offences

Question 8

Explain the YCJA

Answer 8

• Deals with 12 - 17-year-olds in trouble with the law
• Allows some young offenders to face counseling and community service
• Prohibits adult sentences for youth 12 -14 years of age
• Protects the privacy of young offenders
• Allows them to avoid a criminal record

Question 9

What does the YCJA prohibit?

Answer 9

Adult sentences for youth 12-14 years of age

Pictures of youth to be circulated

Question 10

Explain the CCC

Answer 10

• Deals with adults in trouble with law
• Makes going to court the usual consequence
• Defines adult sentences which can include imprisonment
• Allows the publication of offenders names
• Creates a criminal record

Question 11

What are some differences of the CCC and YCJA?

Answer 11

YCJA does not allows publication of names
YCJA deals with 12 - 17 year olds
CCC gives criminal records

Question 12

What happens when a youth breaks the law?

Answer 12

A police officer either charges a young person or doesn’t

Question 13

What happens if a police officer does not charge a young person?

Answer 13

They can either give the young person a warning or refer a young person to a program for help

Question 14

If a police officer refers a young person to help what kind of help will it be?

Answer 14

social workers or community volunteers

Question 15

What will a social worker or community volunteer require a young person to do?

Answer 15

Community service, addiction counseling, mental health counseling, and helping victims

Question 16

What happens if a young person does not complete the required program?

Answer 16

They go to court and stand before a judge who gives them a sentence of community service, counseling or prison or restitution

Question 17

What happens if a police officer charges a young person?

Answer 17

If crime is very serious then they will send them to court or will go to a prosecutor

Question 18

What happens after a charged youth goes to court?

Answer 18

The judge gives them a sentence

Question 19

What happens if a young person faces a prosecutor?

Answer 19

They have to complete a program or can go to court and face a judge

Question 20

Who can give program sentences to youth?

Answer 20

Judges and a youth justice committee

Question 21

What was it like for youth before the YCJA?

Answer 21

• Young offenders did not face consequences for a long time because the court system was very busy
• The consequences did not always connect back to the people and communities affected

Question 22

What factors do they consider when sentencing?

Answer 22

• The seriousness of the offence
• The history of the young person
• The attitude of the young person
• The circumstances of young person

Question 23

What are the principles of the YCJA?

Answer 23

• Prevent crime by addressing the circumstances underlying a young person behavior
• Rehabilitate the young person and reintegrate them into society
• Ensure they are subject to meaningful consequences in order to promote long-term protection in society
• The justice system must be seperate to compensate for their reduced level of maturity

Question 24

When can youth be tried by a jury?

Answer 24

When they are 14 years and for a serious crime like assault or murder

Question 25

What are the rules when a youth is tried by a jury?

Answer 25

They must have 12 people and decision must be unanimous

Question 26

Who is eligible for jury duty?

Answer 26

Anybody 18 years or older who is a Canadian citizen

Question 27

What are your responsibilities if you are summoned for jury duty?

Answer 27

Appear at the courthouse on time, make whatever arrangements necessary for transportation, time off work or classes, and appointments.

Question 28

In what ways do they sequester juries?

Answer 28

- No television - No media - No talking to anybody outside of the court

Question 29

What are the 2 main citizen-led organizations involved with the justice system?

Answer 29

The John Howard Society and the Elizabeth Fry Society

Question 30

What is the purpose of justice advocacy groups?

Answer 30

- Try to solve underlying reasons for crime - Provide public education about laws - Work with youth and adults who have broken the law and help them return to the community - Stand up for the rights of youth - Call for measures to improve fairness

Question 31

Who does the Elizabeth Fry society work with?

Answer 31

Women and girls

Question 32

Who does the John Howard society work with?

Answer 32

All people in trouble with the law

Question 33

What is the Elizabeth Fry Philosophy?

Answer 33

Look at each case individually

Question 34

What does the John Howard society do?

Answer 34

Instead of the government to make harsher laws look at the underlying reasons for crime

Question 35

What is a sentencing circle?

Answer 35

A form of determining a sentence with aboriginal elders