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10/24/2016
1
CHAPTER 2:
TO WHAT EXTENT IS THE JUSTICE SYSTEM FAIR
AND EQUITABLE FOR YOUTH?
CHAPTER 2
Key concepts: Justice
Fairness
Equality
Focus Questions:1. How do Canada’s justice system and the Youth Criminal
Justice Act attempt to treat young offenders fairly and equitably?
2. What role do Canadian Citizens and organizations play in the fairness and equity of Canada’s justice system for youth?
FUNDAMENTAL PRINCIPAL OF JUSTICE
The fundamental principal of justice is…
*A person is assumed innocent until proven guilty*
MOCK SCENARIO #1 Jack was caught cheating on a unit exam by his English teacher.
Jack is in Grade 11 and has been skipping this class lately.
He has been seen off of school campus by several of his teachers with
questionable associates.
While he has not been caught with breaking any school rules until now, he
has been suspected before for vandalism and cheating on assignments.
He was suspended, and then expelled, from another school for breaching
their Student Code of Conduct. His classroom teacher also suspected that
Jack was under the influence of alcohol during the exam.
The teacher has escorted Jack to the principal’s office to be dealt with while
the other students are under the supervision of the vice-principal.
DISCUSSION
What do you believe his teachers would suggest
as a suitable punishment for his actions?
What do you believe his classmates would suggest
as a suitable punishment for his actions?
If you were the principal, what would you suggest?
How would you balance the code of conduct with
circumstances of the situation?
MOCK SCENARIO # 2
Anne is a grade twelve high school student in Red Deer.
Yesterday, she was caught by her math classroom teacher stealing an upcoming
exam off her desk.
In an interview with her principal, when asked why she did this, Anne disclosed that
the situation at home has been less than ideal. Her mother and father divorced over
3 years ago. She now lives at home with her mom, and 3 sisters. Her mom is working
2 jobs to make ends meet. However, Anne has taken a job in order to financially
contribute to her household. Anne has been given conditional acceptance into the
University of Calgary and offered an athletic scholarship for her participation on the
Dino’s volleyball team.
Anne is involved in school athletics, namely the volleyball, student council and this
year’s drama production. She is well liked and respected by her classmates and
teachers. Anne always completes her homework and never skips school.
This is her first serious breach of the school code of conduct. Her marks have been
slipping from grade 11 to 12. Anne has stated that she is feeling stretched thin
between home, work, academics and extracurricular activities.
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DISCUSSION
What do you believe his teachers would suggest
as a suitable punishment for his actions?
What do you believe his classmates would suggest
as a suitable punishment for his actions?
If you were the principal, what would you suggest?
How would you balance the code of conduct with
circumstances of the situation?
REFLECTION
If two young people of the same age commit the same
crime, would you expect them to face the same
consequences? (ex. Anne and Jack)
Under the YCJA, they may or may not. To what extent is this
approach to justice equitable?
In your opinion, to what extent should the law apply
equally to everyone, no matter what their
circumstances? Why?
DEFINITIONS
Define pg. 56
1. Fair and Equitable
2. Justice
3. Justice System
HOW ARE YOUTH JUSTICE AND ADULT JUSTICE
DIFFERENT IN CANADA?
Read page 64 – compares YCJA to CCC
Why do you think a separate justice system is needed for
young offenders?
Go over the flow chart on page 66.
READING
Read 68 to 70
*OBJECTIVES OF THE YCJA*
1. Reintegrate:
Ex. Kim was caught stealing soccer balls from her school.
Reintegrate: Have her join the soccer team to help her
find a positive way to participate in the community.
2. Rehabilitate:
Ex. Tom was not allowed on the bus because he
did not have money. Tom became very anger and
started screaming and yelling at everyone on the
bus. He threatened them.
Rehabilitate: Going to counseling or anger
management.
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OBJECTIVES OF THE YJCA CONT
3. Using meaningful consequences:
Ex. Justin made a mess of his community
park. He lit garbage's on fire, broke swings,
and spray painted the slides.
Meaningful Consequence:
- Having to clean/fix the mess at the
park and volunteer his time work this
the playground program at the park.
4. Prevent Crime:
COPY AND ANSWER (PAGE 64- 68)
Youth Criminal
Justice Act
This Law defines the
consequences
young people face
for criminal offences
Criminal Code of
Canada
This Law defines the
consequences
adults face for
criminal offences
1. 1.
2. 2.
3. 3.
4. 4.
5. 5.
1. Use a chart and compare the Youth
Criminal Justice Act (YCJA) to Criminal
Code of Canada, like this one
2. What would happen to youth who
broke the law before the YCJA was set
in place? What were the negative
consequences?
3. List at least 2 out of the 4 factors
that determine the consequences of a
young offender?
Canada’s Justice System
COMPARING YCJA TO CCC
YOUTH CRIMINAL JUSTICE ACT CRIMINAL CODE OF CANADA
- Deals with 12 to 17 year olds that break
the law.
-Prohibits adult sentences (12 to 14 years
old)
-Youth 14 years or older who have CAN
face adult sentences (serious crimes only)
-Protects the privacy of young offenders
- Most young offenders avoid a criminal
record
-Consequences for crimes include
counseling and community service (very
rarely prison time)
- Deals with adults in trouble with the law.
- Use adult sentencing (eg- imprisonment
for life)
Creates a criminal record for offenders.
-No protection from media
-Each crime committed, the individual
goes on to his/her criminal record.
-Most of the time, a hearing in court is
involved to sentence their consequence.
WHAT WOULD HAPPEN TO YOUTH WHO
BROKE THE LAW BEFORE THE YCJA WAS
SET IN PLACE?
WHAT WERE THE NEGATIVE
CONSEQUENCES?
They would be charged and
go to court.
1) Young offenders faced
long time consequences
because courts are busy with
so many important cases.
2) Consequences usually did
not help the people or
communities the crime
affected.
Consequences were not
meaningful.
DEFINTIONS
Define:
1. Community Service
2. Criminal Record
3. Sentence
4. Rehabilitate
5. Reintegrate
*WHAT FACTORS DETERMINE CONSEQUENCES*
(PAGE 68)
1. The seriousness of the offence.
2. The history of the young person.
3. The attitude of the young person.
4. The circumstances of the young person.
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REVIEW……
When a young offender sits down with the
person/people he committed a crime against,
this is called……
Sentencing Circle
What are the four objectives of the Youth
Criminal Justice Act?
Rehabilitate
Reintegrate
Prevent Crime
Use meaningful consequences.
NAME THAT OBJECTIVE.
Meaningful
consequence
Rehabilitate
Reintegrate
1) A 16 year old was caught bringing alcohol to a football
game. For committing this crime one of his
consequences was that he must start seeing a
counselor to help him make positive choices in the
future.
-Rehabilitate
2. A teen is caught vandalizing a hockey rink near his
house. The Judge want the offender find a positive
way to participate in the community and has him
join the community hockey team.
-Reintegrate
The judge also assigns the teen to clean the
graffiti off the walls .
-Meaningful Consequence.
INSIDE THE YCJA
The Youth Criminal Justice Act (YCJA) was
establish in 2003.
Before the YCJA, there was the Young Offenders
Act (1985 – 2003)
Problems with Young Offenders Act
No communication with the victim and offender
Too many teens in jail for less serious crimes
FACT: A person is more likely to become repeat offenders
if they experience incarceration at a young age compared to
using meaningful consequences.
Why do you think that is?
Took a long time for youth to received their consequence
INSIDE THE YCJA
Read:
Interview with Anne McLellan – the creator of
the YCJA, page 69.
REVIEW FROM LAST CLASS…..
What act was in place before the Youth Criminal Justice
Act?
Young Offenders Act
What were some differences/problems with the Young
Offenders Act? All youth got charged and went to court. (long process)
No communication with the victim
Too many young offenders in jail for less serious crimes
Crime prevention, rehabilitate, reintegrate, and
meaningful consequences are all examples of what?
The objectives of the Youth Criminal Justice Act (YCJA)
YOUNG OFFENDERS
Why does the YCJA protect the identify of young offenders?
Why is the media allowed to show the identifies and names of
adult offenders?
In your opinion, which is more important: the privacy of young
offenders or public safety? Why?
Should young offenders who commit serious crimes
be protected under the YCJA?
Are identities truly protected?
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LOOKING AT BOTH SIDES OF AN ISSUE
List three reasons for why someone would support protecting a youths identity if they
committed a serious crime. Do the same for not support.
Support – protecting youth
identity
Do not support protecting
youth identity
DEBATE: SHARING YOUR POSITION
Question: Should the justice system be harder on
youths who commit crimes (Yes/No)? Should
their Identity be protected (Yes/No)?’
My Position: We believe that_________________
The reasons supporting our position are:
WHAT ROLE DO CANADIAN CITIZENS AND
ORGANIZATIONS PLAY IN THE FAIRNESS AND
EQUITY OF CANADA’S JUSTICE SYSTEM FOR
YOUTH?
Read pg. 78-79
DEFINITIONS:
Defence (pg. 79)
Prosecution
Sequester
THE CHOICE
A person 14 years old or older may choose to
be tried by a judge and a jury for serious
offences (assault or murder)
THE ROLE CANADIAN CITIZENS HAVE IN THE
CANADIAN JUSTICE SYSTEM.
Any Canadian citizen 18 years or older is
eligible for jury duty (except if they have a
criminal record)
But what is a jury?
10/24/2016
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ON JURY DUTY (PAGE 80-81)
Read pg. 80-81 - The experience of a person
who served as a juror.
Answer the Connect to the Big Ideas page 81
#1 and 2 on a new sheet of paper
JURY
There are always 12 people on a jury
They listen to the prosecution and defence lawyers and
decide if the offender is guilty or not
All 12 must agree on the consequence (verdict) If they do not agree, the juries privately debate the issue until everyone
agrees. If they still cannot agree after a certain amount of time. The judge
declares a “miss trial”
Serving on a jury is considered a duty of Canadian
citizens.
Employers have to give you time off work (with or without pay)
JURY RESPONSIBILITIES
What are the jurors responsibilities?
Be on time
Find their own transportation
Time off of work or classes
Remain open-minded during the case
JURY CONTINUED
Throughout the trail, the jurors are sequestered.
Jury Selection: both prosecution and defence
lawyers interview and screen them.
Why would the lawyers screen the jurors before
choosing them?
Video: Jury selection for Jeremy Steinke
Video: Jury selection for Casey Anthony
REVIEW
When does a youth have a choice to be tried by
a jury? Serious crime as been committed
14 years and older
What is a “miss trial”? When a jury cannot agree on a verdict, a new trial with new jurors is needed.
How many people are on a jury? 12
Why are the jurors sequestered? So they do not get influenced by other factors
Remember, they swear an oath to use only the evidence they heard in court to reach a
verdict.
JURY CONTINUED
Copy and Answer:
Do you believe using a jury to judge and sentence serious
crimes is fair and equitable system?
Please explain by having at least two reasons to support your
opinion.
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POLITICAL CARTOONS (PG. 74)
Political cartoons convey an opinion about a
topic.
They are a type of persuasive communication
Cartoons have to be analyzed to understand
message.
Look at the cartoon on page 74.
What do you think is the cartoon’s message?
WHAT IS THE MESSAGE?
WHAT IS THIS CARTOON’S MESSAGE? WHAT IS THE MESSAGE?
WHAT IS THIS CARTOON’S MESSAGE? JUSTICE ADVOCACY GROUPS (PAGE 82)
Citizen-led organization
Try to help solve the underlying reasons for crime
Provide education about the laws
Help reintegrate youths who committed crimes by helping
them find jobs or a home
Stand up for the rights of youths and adults who are accused of
crimes
They call for measure to improve the fairness of the justice
system for people accused of crimes and those harmed by
crime.
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ELDERS ROLE IN THE JUSTICE SYSTEM
(PAGE 84) What is a sentencing circle? An attempt to rediscover the traditional Aboriginal method of dealing with
members of the community who have broken the law.
The circle is made up of the accused, the victim, the families, elders and
other interested members of the community. A judge and a defence lawyer
or prosecutor and/or policeman also sit in the circle.
After the circle has reached consensus on sentencing the offender, the
judge then steps back into his/her judicial role and may impose the
sentence that the circle has recommended.
Elders can play a role in sentencing circles. These committees exist in
communities where volunteers agree to work with young offenders.
JUSTICE ADVOCACY
Two examples are….
John Howard Society Believe that we need to make our communities safer by discovering
why people are breaking laws, and not just make tougher laws.
Elizabeth Fry Society Believes that the justice system needs to look at each case
individually, and find out why the person committed the crime, and
try to help them. Specifically it looks at the plight of women.
YOUTH JUSTICE
What are youth justice committees?
Youth justice committees are groups of volunteers
working in partnership with Alberta's justice system
to deal with youth in their communities.
Youth Justice Committees: allow citizens to work out differences between young offenders, victims and community members
provide support for young offenders
provide community-based resolutions to youth crime
provide young offenders with an alternative to the formal court process and the possibility of time
in custody
resolve legal conflicts through extrajudicial sanctions, community-service work, and meeting with
victims and community members
provide sentencing advice to the youth court
authorized by section 18 of the Youth Criminal Justice Act
JUSTICE ADVOCACY GROUPS (PG 82-83)
Copy and Answer:
1. What services do justice advocacy groups
provide? (3)
2. Why do you think we need justice advocacy
groups?