1. Criminal Law and Young People
CLU4U

2. Focus Questions
Why does the legal system treat young people differently from adults who commit the same crime?
Why is it necessary to reform legislation relating to young offenders?
What are the rights of the youth accused of a criminal offense?
What happens to a young person going thought the youth criminal justice system

3. Introduction
Public fear of youth rather than the actual increase of violent offences that has contributed perceptions that youth violent crime is on the rise
Popular entertainment: mass media exaggeration of changing social behaviours

4. Some facts
Statistics: crime in youth rose dramatically, peaking 1991
Reasons: Changes in reporting (zero-tolerance policy adopted by schools)
U.S. youth 6-10 times more likely to commit homicide
Reflects different values and attitude
Reflects easy access to firearms in the U.S.

5. Youth and the Law
At some point during their adolescence, many young people break the law.
Peer pressure – to
Participate in high-risk
activities
Lack self-confidence
Just not thinking
- impulsivity
Trouble at home / school
Most young people go on to become productive, law-abiding citizens

6. Youth and the Law Significance of these Statistics?
year
# violent crime
# property crime
2001/2002
62 828
32 100
2002/2003
61 744
31 359
2003/2004
53 101
25 532
2004/2005
48 089
22 722
2005/2006
46 878
21 522
Significance of these
Statistics?
What do they tell us about
youth crime?

7. Some other facts
Difficult to generate a profile of young people that break the law
Most victims of crime by youth are other youth
Gang violence – entire gang can be charges as “parties to the offence”

8. History – Legislative Reform and Young People
1908 – Juvenile Delinquents Act
Defined young people who committed crime
To be treated as misdirected children, not criminals
Included those who:
ran away from home
Skipped school
Committed crime
Considered “unmanageable or sexually immoral
Sent to training schools (custody, discipline and vocational training)

9. Juvenile Delinquents Act, 1908
Criticism -1970’s
Was too soft, didn’t work. Youth re-offended
Gave judges and police broad power in determining what was in the “best interest” of our kids
Solution: 1984-Young Offenders Act

10. Juvenile Delinquents Act, 1908 - summary
Age 7-18
Child-welfare approach
Informal process
Lack of recognition of legal rights
Incidents of institutional abuse
Significant judicial discretion

11. Young Offenders Act, 1984
Shift from welfare approach to criminal approach.
Identified the offender not as a misdirected child but a young offender, aged 12-18th birthday
Young offender held accountable for their crimes but at lower level of accountability
Act also recognizes the legal rights of youth as set out in the Charter
Additional rights of youth – (due to their age and vulnerability – due to ignorance and fear)

12. Young Offenders Act, 1984 - summary
Age 12-18th birthday
Criminal approach
Emphasis on youth taking responsibility for their actions
Emphasis of society’s rights being protected
Rights under the Charter plus rights for youth
Amendments 1992 and 1995
Max sentence increased to 10 years
Easier to transfer to adult court

13. Young Offenders Act, 1984
Violent crime continues to increase during the 1990’s
Public call government to get tougher on violent youth crime
Amendments
To continue to transfer violent offenders to adult court
Increased maximum sentences
Murder went from 3 years to 10.
By 2000 Canada has one of the highest rates of youth incarceration
Clearly, what we are doing – harsh punishments – is NOT working. So what to do????

14. Youth Criminal Justice Act, 2002
Purpose – long term protection of society
Make the sentence match the crime – consider other measures besides incarceration
Get the youth’s family, victim, youth workers and other members of the community involved - A restorative justice approach!
As of 2008, those convicted of serious violent offences are presumed to be entitled to a youth sentence – the Crown can still petition the courts to consider an adult sentence

15. Youth Criminal Justice Act, 2002 summary
Age 12 – 18th birthday
Limited use of custody
Seriousness of offence to be reflected by the sentence
Measures other than court proceedings to be used for non-violent offences
Need to transfer youths to adult court eliminated by allowing adult sentences for presumptive offences
Publication of youths identity only if adult sentence is imposed

16. Incapacity of Children
Children under 12 – incapable of appreciating the nature and consequence of a criminal act – not criminally responsible
To be dealt with by parents or under the social welfare and mental health laws of each province or territory