Chapter 2 Exam Monday, December 14 Terms Fair and Equitable Governed by rules that apply to everyone, taking into account individual needs and circumstances.

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Presentation transcript:

Chapter 2 Exam Monday, December 14

Terms Fair and Equitable Governed by rules that apply to everyone, taking into account individual needs and circumstances Justice Applying laws Justice System The institution and procedures for applying laws in a society

Class Discussion Why is Justice often portrayed as blind?

Pg 57

Read Beverly Mclauchlin’s remarks What challenges is she referring to? Do you agree with her statement “nothing is more important then justice”? Why or why not?

What's to come- pg 60 What are we hoping to learn this chapter? What questions do I need to be able to answer? Read “inside the Justice System” comic What factors had the biggest impact on this young offenders change of attitude? What life lessons can we learn from her story?

How are Youth and Adult Justice Different in Canada? Canada has different legislation for youth and adults who break the law Youth Criminal Justice Act Criminal Code of Canada Young Offenders Adult Offenders

Youth Criminal Justice Act Deals with year olds in trouble with the law Allows some young offenders to face consequences such as counseling and community service. Community Service: help in the community performed as part of a sentence, such as assisting with a community clean-up or helping at a food bank.

Prohibits adult sentencing for year olds. Allows adult sentencing for young people 14 and up who have committed serious crimes Protects the privacy of young offenders News media cannot publish names unless they receive and adult sentence Allows most young offenders to avoid a criminal record

Criminal Record: A permanent record of breaking the law, which is public information. A criminal record can bar (stop you from getting) from some jobs, volunteer positions and travel to other countries.

Criminal Code of Canada Deals with adults in trouble with the law Makes going to court the usual consequence Defines adult sentences, which can include periods of imprisonment for some crimes. Sentence: a consequence for a crime, such as imprisonment, determined by a court of law.

Allows the publication of the offenders name Creates a criminal record: A permanent record of breaking the law, which is public information. A criminal record can bar (stop you from getting) from some jobs, volunteer positions and travel to other countries.

Time to think….. How might a criminal record affect your quality of life?

Bonus Mark: Multi-Media Presentation

Page 61 Read together… Inside the Justice System

Flow Chart- Pg 66 What are the consequences if you break the law as a young offender? Before the YCJA, every young person who broke the law charged and went to court. This meant that often: Young offenders did not face consequences for a long time as courts are very busy… The consequences did not always connect back to the communities affected…

Factors that Determine Consequences for Young Offenders Th e YCJA allows police, prosecutors, judges, volunteers, and professionals from the community to decide what happens to each young offender. They consider factors such as:

Seriousness of the offence… For example, a violent offence is more serious than a non-violent offence.

History of the Young Person

Attitude of the Young Person

Circumstances of the Young Person

In your opinion, to what extent should the law apply equally to everyone, no matter what their circumstances? Why?

Inside the YCJA Let’s read together the interview with Anne McLellan, Canada’s Minister of Justice in 2003, when the YCJA became law. Page 69 (Jody Wilson-Raybould-New)

Do you agree? Young people do not understand their actions in the same way as adults? Why or why not? Anne McLellan makes some suggestions about how young people can get involved with youth justice. In your opinion, how might this make the justice system work better?

Objectives of the YCJA 1. Prevent crime by addressing the circumstances underlying young persons offending behavior Ex. ????? What does this mean????

2. Rehabilitate (instill positive behaviours and attitudes) young offenders and reintegrate (to make part of again) them into society Ex. ????? What does this mean????

3. Ensure that the young person is subject to meaningful consequences for the offence in order to promote long term protection of society Ex. ????? What does this mean?????

4. The YCJA must recognize that young people are separate from adults and have reduced levels of maturity Ex. ???? What does this mean???????

Is it Working? Should the YCJA care more about the criminal or the victim?

Vocab: Colonialism: the process of establishing colonies, in which a region is claimed and governed by a country from another part of the world. Ethnocentrism: judging others based on the values, beliefs and world view of your own culture.

Pages 72 & 73 Automatic adult jail terms eyed for youth. Justice System Discriminates Against Aboriginal Peoples Justice can be seen to be done Identify violent youth offenders. For each article, answer the following questions: What is the main idea of the article? What does it say about the fairness and equity of the justice system?

Political Cartoons Political cartoons convey an opinion about a topic. They are a type of persuasive communication Cartoons have to be analyzed to understand their message.

Let’s analyze this cartoon together:

Symbols? Situation? Message?

What Role do Citizens and Organizations Play in the fairness and equity of Canada's Justice System for Youth?

Responsibilities of a Juror/What is a jury? Under the YCJA, a person und 14 yrs or older may choose to tried by a judge and jury for certain serious crimes For these offences, juries must have 12 people and all 12 must agree on a verdict Anyone 18 yrs of age and older who is a Canadian citizen is eligible for jury duty with some exceptions What might these exceptions be?

Jury duty is considered a duty 0f Canadian citizens If you are summoned, you must make any and all arrangement to be at the courthouse on time Employers must give you time off, but don’t have to pay you; find your own transportation; time off classes; rebook appointments You can be excused if you can prove it will cause you undue hardship

Its important to remember that a jury does not have to come to a verdict that the judge or members of the public must agree with They must remain impartial, regardless of the issue Jury selection is a very important part of the justice process. Both sides of a case must agree on who will part of the jury. Ex. Member of KKK as a member of the OJ Simpson trial

Juror Terms Defence: Includes the evidence that supports the innocence of a person accused of a crime. In a courtroom, the lawyer who represents an accused person presents the defence. The defence can include witnesses, and physical evidence such as DNA samples and objects.

Juror Terms Prosecution: Includes the evidence that supports the guilt of an accused person. Sequester: To remove from contact. Juries are sequestered to ensure they consider only the evidence presented in the courtroom.

On Jury Duty Read pages 80 & 82

What does this saying mean? “Ignorance of the law is no excuse.”

Citizens have a duty to know the law. If you do something illegal, but do not know it’s illegal, you can still be charged and convicted of an offence.

Justice Advocacy Groups Canada has two major citizen-led organizations involved in the justice system: John Howard Society Elizabeth Fry Society

Justice Advocacy Groups These organizations work independently from the government. They try to solve the underlying reasons for crime They Provide public education about the YCJA and the Criminal Code of Canada They help people who have broken the law return to their communities- find jobs & homes; arrange meetings between victims & offenders They stand up for the rights of youths and adults accused of crimes; eg- improve fairness

John Howard Society Works with men, women, boys, and girls in trouble with the law.

Elizabeth Fry Society Focuses on justice issues for women and girls To what extent do both societies agree on what goals the justice system should have?

The Role of Elders Under the YCJA, young people can face consequences from Youth Justice Committees. These committees exist in communities where volunteers agree to work with young offenders. Youth Justice Committees reflect the idea of sentencing circles. The committees act on the idea that breaking a law harms everyone in a community, and that the community must become involved in the solutions.

Sentencing circles comes from the tradition of Aboriginal peoples, whose system of justice can include consequences such as banishment. Sometimes the fate of a youth can be decided by a committee of elders- people in the community who are older and respected. An elder is someone that the youth in that community should look up to and strive to be like.

Chapter 2 Assignment YCJA Multimedia Presentation, page 86 Answer the question: Should the justice system be harder on youth who commit crimes? Completed over the Christmas break. Counted as a Chapter Exam!