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Should kids be tried as adults

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Presentation on theme: "Should kids be tried as adults"— Presentation transcript:

1 Chapter 2 To what extent is the justice system fair and equitable for youth?

2 Should kids be tried as adults

3 Focus Questions of this Chapter
What is the intention of the Youth Criminal Justice Act ? (YCJA) What are citizens’ legal roles and responsibilities? How do citizens and organizations participate in Canada’s justice system?

4 What is the intention of the Youth Criminal Justice Act ? (YCJA)
Take the following information down as notes in your binder under the section Governance and Rights. The Youth Criminal Justice Act (YCJA) was passed in 2002 and was proclaimed law in April 2003. The objectives of the YCJA are to prevent crime; rehabilitate and reintegrate young persons into society; and ensure meaningful consequences for these offenses. The system can contribute to the long term protection of society.

5 Notes Continued… The philosophy of the YCJA is that young offenders should be treated differently from adults who are expected to understand and be fully accountable for their actions. 75% of all youth crime is non-violent- most crimes which youth are charged with are against property, like theft and mischief. Young people who break the law typically have a history of having their rights violated, poverty issues, family difficulties, child abuse, and neglect. According to statistics about 1 in 6 have Fetal Alcohol Spectrum Disorder

6 Read the following article and
In groups of 4, read the following article and discuss what laws you feel have been broken by the teenagers, and how you think that they should be punished.

7 Important Terms Fair and Equitable- rules that apply to everyone equally, taking into account individual needs and circumstance. Justice – the process of applying laws Justice System- the institution and procedures for applying laws in a society.

8 The YCJA The Youth Criminal Justice Act- defines the laws for criminal offenders from the ages of - Allow some offenders to face consequences such as Counseling and Community Service. Also, allows adult sentences for people over 14 years of age. 12< No adult sentences.

9 The YCJA The YCJA protects the identity of young offenders.
Allows most young offenders to avoid a criminal record. This is done to ensure that the mistakes made by a person in their youth do not haunt them forever and is a matter of debate.

10 Inside the Justice System A True Story
Read the cartoon on page Then answer the questions in your Governance and Rights section of your binder. Question #1 page 62 Questions #2 and #3 on page 63

11 Criminal Code of Canada
Deals solely with adults. (18 and up). Usually requires going to court. Defines adult sentences and length of prison terms. Allows names to be released. Creates a criminal record.

12 Factors that affect consequences
1. The seriousness of the offence: ex vandalism vs murder. 2. The history of the person. Do they have a troubled or criminal past? 3. Attitude: do they accept and acknowledge the seriousness of the crime. 4. The circumstances of the person: are they addicted to a substance, do they need the intervention of a social worker.

13 P 66-67 The steps of the punishment process.

14 Walk in Assignment #1 Look at the illustration on page 57.
Why do you believe that justice is often portrayed as blind?

15 Photo Analysis Walk in Assignment #2
Look at the photo on page 60. Then answer the critical thinking question in your Walk in Assignments. Who should face consequences for incidents like this? What consequences would be just?

16 Page 70 The YCJA is intended to
1. prevent crime by addressing the underlying circumstances faced by a young person: ex. They may need counseling or addiction recovery help. 2. Rehabilitate young persons who commit crimes and reintegrate them back into society. Ex. Providing young people with the skills to function in a society.

17 YCJA Rehabilitate: to instill positive behaviors and attitudes.
Reintegrate: to make them a part of society again. 3. Ensure that young persons are subject to meaningful consequences to promote the long term protection of a society. Ex. If a young person damages property, they should apologize and work to fix it.

18 YCJA 4. The criminal justice system for young persons must be separate due to the fact that they are not mentally mature yet: Ex. Young offenders are not as responsible for their actions as adults and should not face the same consequences.

19 Effectiveness Look at the chart on P 71.
A. List 2-3 trends that you notice. B. After listing the trends, describe what affect you think the YCJA has had on youth crime in Canada. P q’s

20 Political Cartoons Things to consider:
1. What is the overall topic the cartoon is discussing: ex. Politics, Crime, Economics, War, etc. 2. What is the main focus of the cartoon: What is the key thing we are supposed to notice? 3. What familiar situation is the cartoon presenting: Ex. Jail, School, hospital.

21 Pol Car 4. What is the action in the foreground/background.
5. What is the overall impression of the cartoon? 6. What is the cartoon trying to say?

22 P 72-73 Read the 4 articles on P 72-73.
1. Write 1 sentence that sums up what the article is saying about youth crime. 2. Which articles say similar things, which are polar opposites? 3. What conclusion can be drawn from these 4 articles

23 The Writing Assignment
Paragraph 1: 1. Should Canada Eliminate the YCJA? - The difference between the YCJA and the Criminal Code. - When the YCJA was created - the goal of the YCJA (rehabilitate, reintegrate, meaningful consequences) - Why was the YCJA created?

24 The essay The Thesis: the thesis should come at the end of the introduction. It should be clear and state what side of the issue that you are arguing. Remember! Your thesis is your main argument for the essay, do not contradict yourself and support it!

25 The essay Bodies: You should have 3 body paragraphs.
2 that support your side, and 1 that bashes the other side. Each one is a different argument, and should have evidence to back it up. They should start with a opening sentence that clearly states the argument of the essay.

26 The essay Each body Par. Should have 2-3 supporting details that help prove the argument! Then a closing sentence that wraps it up and introduces the next paragraph. “Should Canada eliminate the Youth Criminal Justice Act?”

27 Jury’s People 14 years of age and up may choose to be tried by a judge and jury. All jury’s must have 12 people who must reach a Unanimous decision (same decision reached by all) Almost all people who are 18 years or older may be selected for jury duty

28 Jury’s The only people who may be excused from jury duty are ones who can prove that is will do them harm in some way. In a nutshell, the Canadian court system consists of A. Defense: the team defending the accused. B. Prosecution: the team pushing for a conviction.

29 Jury’s During a trial, jury’s may be sequestered.
This means that they must be kept separate from the rest of society so that they cannot be influenced or spread information for the case. P q 1-2. P q’s

30 The YCJA on trial! That’s right, it’s time for me to pit you against each other in court, get ready to harbor angry feelings towards each other! You will be given ½ a class to finish the rough copies of your essays. You will then be divided up and either defend or prosecute the YCJA.

31 Step 1 Go on google and type in “should kids be tried as adults”
Look at a few different websites and make a list of 5 reasons why kids should and shouldn’t be tried as adults.

32 Advocacy Groups Advocacy Groups: try to solve the underlying reasons for crime. There are 2 major groups in Canada A. John Howard Society B. Elizabeth Fry Society

33 Advocacy Groups They provide education about laws and the justice system. They push for youths who break the law to give back to their communities. They stand for the rights of youth. The EFS focuses on justice issues for women and girls.

34 Sentencing Circles Under the YCJA allows people to be punished by Youth Justice committees. Sentencing Circles: Aboriginal Elders that decide what the punishment should be for a person in their community who has broken the law. P87 Q 1-2.

35 Test Hints Test Hints and Key Pages:
YCJA and its objectives, Justice, Justice system, Fair and equitable, aspects of the YCJA, Protection of identity, CCC, Factors that affect consequences, possible paths of punishment, intentions of YCJA, Rehabilitate, Reintegrate, Effectiveness of YCJA, Jury’s + court system, Advocacy Groups, Sentencing Circles

36 YCJA vs. Criminal Code of Canada
Create a Venn diagram in your notes that compares the similarities and differences between the Youth Criminal Justice Act with the Criminal Code of Canada. Use the information on Page 64 YCJA CC of C

37 Viewing: Youth Justice a New Approach
Watch the video on Youth Justice a New Approach Social Justice English Version After watching the video complete the worksheet provided. You will have minutes to complete. Be prepared to discuss responses with the class.

38 Walk in Assignment #3 and #4
#3 Do you think that a separate justice system is needed for young offenders? #4 How would a criminal record affect your quality of life? How might it affect your identity?

39 Role Play In groups of 2-5 (depending on the scenario you are given) You will act out a scene. Then you will decide individually what punishment is suitable for each scenario. Record your answers on the sheet provided. Each group will be given a scenario in your group you have 10 minutes to prepare a skit which you will re-enact in front of the class. Each student will be given a sheet to respond and rank the severity of the scenario.

40

41 Scenario #1 Drug Use Offender: Matthew Lawton Age 14
The school principal caught Mathew smoking a joint behind the lockers. The principal immediately called the police and alerted Matthew’s parents.

42 Scenario #2 Bullying Offender: Chico Sanchez Age 16
Chico is a tough guy, and the leader of a small gang that is terrorizing a school. Lucas Jones, a student, was forced to pay Chico five dollars a week if he didn’t want to get beaten up. Eventually Lucas couldn’t pay, and he told his parents the whole story. He was arrested- and as it turned out, it wasn’t the first time.

43 Scenario #3 Shoplifting
Offender: Nancy Roberts Age 15 Nancy was stopped by security guards for stealing a sweater in a department store. A month earlier, she had been issued a warning for having stolen a pair of earrings. This time, the police were called in and, with the aim of getting the parents involved.

44 Scenario #4 Vandalism Offender: Charles Todd, alias Destroy Age 16
Charles was arrested by the police as he was drawing graffiti on a bus shelter. The officers read him his rights and took him to the station, where his case was taken over by an officer with the youth squad. Charles made use of his right to call a lawyer.

45 Scenario #5 Armed Robbery
Offender: Frederick Branson Age 16 Fred was arrested following an armed robbery in a convenience store. He spent the night in jail, and had to appear in court within 24 hours. The judge released Fred until the trial date, but set certain conditions he must follow for his release.

46 Scenario #6 Racism Offenders: Mark Hopper and Neil Lewis Age Both 16
A young North African girl was the victim of a racially motivated assault perpetrated by Mark and Neil. Mark had no previous history and regretted his actions. The idea for the assault was Neil’s. He also had a pattern of violent conduct.

47 Scenario #7 Assault Offender: Dan Archer Age: 16
On Friday afternoon, instead of attending school, Dan had gone to meet his friends at the video arcade. To get some spending money, he had stolen a purse from an elderly woman. During the theft , the woman’s arm was broken. In the presence of the victim, Dan was able to see the seriousness of his actions.

48 Scenario #8 Drug Trafficking
Offender: Patrick Donahue Age 17 Patrick was arrested on his way out of a rave where he had been selling Ecstasy. His father was the one who originally got him into dealing drugs at age 14. Eventually things changed for Pat and he decided to back to school.

49 Scenario #9 Murder Offender: Hugh Baker Age 13
Hugh set fire to his home and admitted that he had done so to kill his mother’s new boyfriend, whom Hugh thought was trying to take his father’s place. Hugh was arrested.

50 Scenario #10 Joyride Offender: Simon Allen Age 16
Simon was stopped by the police while driving along a neighborhood. He was legally obligated to identify himself, and finally did so with some reluctance. Simon did not have any identification with him; worse still he was driving a stolen vehicle. “It can’t be!” he protested. It was his father’s car! Simon, however, had taken the car without telling anyone: it was theft, even if it was the family car. The police arrested Simon and took him down to the police station.

51 Walk in Assignment #5 If two young people of the same age commit a crime, would do you feel that they should receive the same sentence? State at least 3 reasons why or why not.

52 Glossary Add the following terms into your glossary sheets
Community service Criminal record Sentence

53 What Factors Determine The Consequences Young Offenders Face?
Read page 68 to find out what determines the consequences for young offenders. Then answer the following question in your notes. Be prepared to discuss in class. Question: If you could add 2 more items to the consequence list for young offenders what would it be?

54 Walk In Assignment #6 and 7
#6 If you do something wrong, how important is it to receive consequences quickly? Why? How important is it to make up for wrong actions that affect others? #7 In your opinion, to what extent should the law apply equally to everyone, no matter what their circumstances? Why?

55 What are the objectives of the YCJA?333
Read page 70 and 71 Take a look at both charts. Add terms Rehabilitate and reintegrate to glossary sheets. Do questions #1 and #2 on Connect to the Big Ideas in your notes under the section Governance and Rights.

56 Connect to the Big Ideas Class Answers
Objective Who it Affects Most Reasons Why

57 Reading Newspaper Articles
We are going to read the newspaper articles on page 72 and 73 as aloud in class. Be prepared to discuss your opinions in class. The class discussion questions will be the Critical Thinking Questions.

58 How to Read a Political Cartoon
Read page 74 to find out more about how to read a political cartoon. As a class we will discuss “What is the message of the cartoon?” page 74 Then we will look at another example on the next slide and attempt to analyze and answer the questions that follow.

59 Analyzing Political Cartoons

60 Cartoon Analysis Worksheet
After viewing the cartoon on the previous slide, complete The Editorial Cartoon Analysis sheet that was given to you in class. You have 10 minutes to complete this sheet Be prepared to discuss your analysis in class.

61 How to Create a Political Cartoon Techniques Used
Symbolism Cartoonists use simple objects, or symbols, to stand for larger concepts or ideas. Exaggeration Sometimes the cartoonist overdo, or exaggerate, the physical characteristics of people or things in order to make a point. (Facial characteristics and clothing are some of the most commonly exaggerated) Labeling Cartoonists often label objects or people to make it clear exactly what they stand for. Analogy An analogy is a comparison between 2 unlike things. By comparing a complex issue or situation with a more familiar one, cartoonists can help readers see it in a different light. Irony Irony is the difference between the way things are and the way things should be, or the way things are expected to be. Cartoonists often use irony to express their opinion on an issue.

62 Chapter Task Create an original political cartoon that represents your views on the YCJA or an issue related to youth justice.. Criteria: Must be on topic Must be in colour Must have some text Must use at least 3 techniques that you learned about in class.

63 Check List for your Political Cartoon
Ask Yourself these questions after you have completed your cartoon and before you hand it in. What issue is my political cartoon about? Is my position clearly depicted? Is my cartoon persuasive? Did I use the techniques outlined in class? Is it in colour? Do I have some text?

64 Political Cartoon Rubric
Skill Points Score 4 3 2 1 Uses artistic techniques and followed the criteria set in class, to create an original political cartoon. The student successfully uses all artistic techniques, and has followed all criteria set in class to create a political cartoon. The student proficiently uses 2-3 artistic techniques to create a political cartoon and has followed most of the criteria set in class. The student attempts to use 1-2 techniques to create a political cartoon and has followed some of the criteria set in class. The student make no little to no attempt to use any artistic techniques to create a political cartoon and has followed none of the criteria set in class. Artist has a strong viewpoint about an issue concerning the YCJA or Youth Justice Issues The student has a insightful viewpoint and has made a compelling attempt to persuade their audience The student has a perceptive viewpoint and is effective in their attempt to persuade their audience. The student has a general viewpoint and has made a reasonable attempt to persuade their audience. The student has a limited viewpoint and is ineffective in their attempt to persuade their audience. Communicates ideas, issues, and information with clarity in both written and visual form. Communicates ideas, issues, and information with a high degree of clarity in both written and visual form. Communicates ideas, issues, and information with considerable clarity in both written and visual form. Communicates ideas, issues, and information with some clarity in both written and visual form. Communicates ideas, issues, and information with limited clarity in both written and visual form. /12

65 Spot the Issue Find a newspaper article on the YJCA or an article relating to Youth Justice or Youth Crime. Complete the Spot the Issue template given to you by your teacher. This assignment will be taken in for marks and will be marked out of 9 points.

66 What role do Canadian citizens and organizations play in the fairness and equality of Canada’s justice system for youth? In this section you will learn about: The role of Jurors The role of justice advocacy groups The role Elders play in the justice system for Aboriginal youth

67 What responsibilities do jurors have?
Read page 79 to find out “What is a jury?” Do the 2 Critical Thinking Challenges on this page in your Walk in Assignments section. Label them Walk in Assignments #8 and #9 Add the following terms into your glossary sheets: Defense Prosecution Sequester

68 “On Jury Duty” Read the cartoon “On Jury Duty” on pages in your text book. Do Question #1 and #2 in the Connect to the Big Ideas section on the bottom of page 81. Put this in your Governance and Rights section of your binders.

69 What do justice advocacy groups do? Read pages 82-83
In this section you will learn: What are advocacy groups. What is the role of the John Howard Society? What is the role of the Elizabeth Fry Society? Connect to the Big Ideas. Do question #2 on page 83 in your Governance and Rights section of your binders

70 What role do Elders have in the justice system?
Read Pages about how Aboriginal Elders contribute to the fairness in the justice system Answer the question: “What is a sentencing circle?” Walk in Assignment #10 How do elders contribute to the fairness and equality of youth justice?

71 Social studies pick up lines
I find you guilty of bein sexxxaayyyyyy

72 I sentence you to 20 years to life with me.

73 Being with you is so addictive I need rehab

74 Spending time with you is the best meaningful consequence


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