1. The Youth Justice System

2. Youth Justice System For centuries, youths were treated the same as adults under the law. For centuries, youths were treated the same as adults under the law. They were subject to the same punishments, the same prisons, and the same length of sentences. They were subject to the same punishments, the same prisons, and the same length of sentences.

3. Over time, governments have realized that youths need to be treated in a manner that reflects their maturity and moral development. Over time, governments have realized that youths need to be treated in a manner that reflects their maturity and moral development. In Canada, this realization has resulted in the following Acts: In Canada, this realization has resulted in the following Acts: Juvenile Delinquents Act, 1908 Juvenile Delinquents Act, 1908 Young Offenders Act, 1984 Young Offenders Act, 1984 Youth Criminal Justice Act, 2002 Youth Criminal Justice Act, 2002

4. Youth Criminal Justice Act The Act applies to all young people who are 12-17 years old at the time they are said to have broken a federal law. The Act applies to all young people who are 12-17 years old at the time they are said to have broken a federal law. The Act does not apply to offences covered under the laws of the individual provinces. The Act does not apply to offences covered under the laws of the individual provinces.

5. There are still consequences for youths under 12 who commit prohibited acts. There are still consequences for youths under 12 who commit prohibited acts. For example: If you have stolen from a store, you may not be allowed to go there in the future. For example: If you have stolen from a store, you may not be allowed to go there in the future. Youth under 12 years old are dealt with under territorial or provincial laws, such as child- welfare legislation. Youth under 12 years old are dealt with under territorial or provincial laws, such as child- welfare legislation.

6. The Youth Justice System only applies to laws passed by the federal government. The Youth Justice System only applies to laws passed by the federal government. The most important of these are the criminal and drug laws. The most important of these are the criminal and drug laws. Offences such as careless driving, drinking underage, or trespassing are examples of offences that are covered by provincial laws. Offences such as careless driving, drinking underage, or trespassing are examples of offences that are covered by provincial laws.

7. Youth Criminal Justice Act Created to address the complaints regarding the Young Offenders Act, and to improve the Youth Justice system. Created to address the complaints regarding the Young Offenders Act, and to improve the Youth Justice system. It still contains much of the Young Offenders Act. It still contains much of the Young Offenders Act. Outlines how youth (12 – 17) will be dealt with by the law when they are charged. Outlines how youth (12 – 17) will be dealt with by the law when they are charged. Expanded the role of rehabilitation programs. Expanded the role of rehabilitation programs.

8. There are stiffer penalties and sentences. There are stiffer penalties and sentences. Court Judges must impose a supervision period for youths in the community who have served time in custody. Court Judges must impose a supervision period for youths in the community who have served time in custody. Expansion of the community services to youth. i.e. more child-care, health and educational services to stop crime from occurring. Expansion of the community services to youth. i.e. more child-care, health and educational services to stop crime from occurring.

9. Families of offenders, victims, and communities are directly involved in dealing with youth crime. Families of offenders, victims, and communities are directly involved in dealing with youth crime. Youths over the age of 14 years accused of murder, manslaughter, or aggravated assault could face adult sentences – to act as a deterrent. Youths over the age of 14 years accused of murder, manslaughter, or aggravated assault could face adult sentences – to act as a deterrent. Identity of youth can be disclosed only under certain circumstances – convicted of murder, attempted murder, or another serious offence Identity of youth can be disclosed only under certain circumstances – convicted of murder, attempted murder, or another serious offence

10. Trial Procedures of Youths Held in Family, or Youth Justice Court. Held in Family, or Youth Justice Court. Ontario – youth court system has 2 levels Ontario – youth court system has 2 levels Ages 12-15 tried in family court Ages 12-15 tried in family court Ages 16-17 tried in provincial court Ages 16-17 tried in provincial court

11. Follow the same rules of evidence as adult trials. Follow the same rules of evidence as adult trials. Have access to legal aid. Have access to legal aid. No preliminary hearing is held No preliminary hearing is held Judge alone conducts all trials. Judge alone conducts all trials. No jury trials. No jury trials.

12. Intent is to deal with youth as quickly as possible so they can return home quickly Intent is to deal with youth as quickly as possible so they can return home quickly Public and media are not allowed to attend trials. Public and media are not allowed to attend trials.

13. Transfer to Adult Court Must be at least 14 years old, and offender of a serious crime or a repeat offender of such crimes. Must be at least 14 years old, and offender of a serious crime or a repeat offender of such crimes. Youths are charged as adults and receive adult sentences – more severe. Youths are charged as adults and receive adult sentences – more severe. Youths may request an adult court if they feel that a jury may be more sympathetic than just a judge. Youths may request an adult court if they feel that a jury may be more sympathetic than just a judge.

14. Extrajudicial Sanctions – Alternative Measures Programs Offenders of non-violent first time offences can avoid trial by taking part in these programs. Offenders of non-violent first time offences can avoid trial by taking part in these programs. Help youth to learn from their mistakes Help youth to learn from their mistakes Offenders apologize to the victim, give back items and pay back damages etc. Offenders apologize to the victim, give back items and pay back damages etc.

15. Other programs include drug & alcohol treatment, counselling, and school programs. Other programs include drug & alcohol treatment, counselling, and school programs. Involves parents and communities and costs less than the court system. Involves parents and communities and costs less than the court system. Youths who are successful and complete programs may have all charges against them dropped – no criminal record. Youths who are successful and complete programs may have all charges against them dropped – no criminal record. Those who fail can be tried on original offence. Those who fail can be tried on original offence.