AGES OF CRIMINAL RESPONSIBILITY The Youth Justice System
Objectives of YCJA Created to address the complaints of the Young Offenders Act Designed to improve the youth justice system by Promoting accountability, responsibility and consequences for youth crimes Supporting long-term solutions to youth crime Reinforcing values such as respect, responsibility and accountability Respecting national and international human rights protections for children Streamlining and making youth justice more flexible so cases take less time
Declaration of principle YCJA is criminal law Applies to young people aged 12 to 17 charged with Criminal code offences YCJA outlines how youths are to be dealt with if charged under the Criminal Code of Canada Anyone 18 or older who commits an offence is considered an adult and faces adult trial procedures
Who’s responsible?
Criminal Responsibility Under Juvenille Delinquents Act, the minimum age a child could be charged with a crime was 7 years of age Young Offenders Act raised it to 12 Belief that anyone under age of 12 could not form criminal intent and should not be dealt with under the criminal justice system YCJA kept these ages even though there was pressure to lower the age back to 7 Some upset that even children who commit serious crimes could not be charged
YCJA Changes YCJA changes include: Expand the role of rehabilitation for nonviolent, repeat offenders Much stiffer penalties for violent youth crimes Community service time expanded More child-care, health, and educational services available Giving non-violent offenders more rehab diverts them away form court – prevents the offenders from being drawn into courts and penalties
Fear of violent crime YCJA responded to fears about violent crimes Under the YOA, only 16 and 17 year old offenders charged with murder, manslaughter and aggravated sexual assault could face adult sentences Now, any youth over the age of 14 accused of a violent act can be treated and sentenced as an adult Sentences are given out to offences that can be given sentences of two or more years in jail
Reasoning Law makers believe that lowering the age limit will act as a deterrent Help to prevent violent youth crimes from occurring
Rights of Youth Police do not have to arrest youths suspected of breaking the law A shoplifter may be taken to parents Incident is recorded though should the child repeat the offence Extrajudicial sanctions -formerly called alternative measures programs -designed to help youth learn from their mistakes in order to avoid repeating them -could be an apology, work to pay for damages, etc.
Alternative measures
Who’s involved From 1998 to 1999, 93 % of youths involved in alternative measure programs were first time offenders 70% committed property crimes Most common was theft under $5000 Next most common offence was mischief and common assault To enter program, the youth must admit some involvement in a crime Not a confession and cannot be used as evidence against the youth Must be told of their right to consult a lawyer If progam is completed successfully, all charges may be dropped against them