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The Youth Criminal Justice Act
Transcript of The Youth Criminal Justice Act
This act gives people a second chance to right their wrongs. We can help them rehabilitate. the result from the actions of the YCJA is a decrease in crime rates for both youth and adults. It changes their future. Without this act, the crimes will increase. Kids may see others doing something and follow what that peron does. What do I think about the YCJA? http://www.justice.gc.ca/eng/pi/yj-jj/ycja-lsjpa/back-hist.html
http://www.ycja.ca/youth/principles-of-act/summary References: An in depth look on the YCJA! The YCJA was made to replace the Young Offenders Act.
It came into effect on April 1st, 2003. This act applies to people from the ages of 12-17. A person that turns 18 and commits a crime would then be judged with the Criminal Code of Canada. This does not affect people under the age of 12. The YCJA makes it so that the youth will not go to jail like adults. However, this does not mean that they will not get in trouble. When a young person breaks the law, they will be judged on their punishment. Based on their offense, the person will have a different set of punishment. This can include being on probation, or doing community service. FAIR EQUITABLE This is fair and equitable because young people do not know the severity of the crimes they commit. They are still developing so they don't understand as much as adults. Their views are different from what an adult views. What is the purpose of this act? This act is to reduce the number of young criminals in Canada. They want you to be rehabilitated in order to fully serve the country as a peacemaker or make the country better. They want you to understand the severity of your crime so you would not do it again. It teaches us to become better people. They have the right to reintegrate. Here shows the number of crime rates up until 2011 As you can see, as of April 1st, 2003, the number of crime rates has decreased by about 10 000. They continue to decline as the years go by. When some years go up, the next year, they would go back down. The YCJA comes into effect "Almost every province reported a decline in youth court cases in between 2009/2010 and 2010/2011. The largest decrease was seen in Nova Scotia, down 15% from the previous year, followed by Prince Edward Island (-13%) and Alberta (-11%). Manitoba was the only province to report an increase in youth court cases in 2010/2011 (+3%). Overall, Saskatchewan recorded the highest rate of completed youth court cases, as has been the case since 1994/1995." As said by http://www.statcan.gc.ca/pub/85-002-x/2012001/article/11645-eng.htm Why is the YCJA better? The YCJA:
Provides a clear statement of goal and principles underlying the Act and youth justice system.
Includes specific principles to guide the use of extrajudicial measures, the imposition of a sentence and custody.
Creates a presumption that measures other than court proceedings should be used for a first, non-violent offence.
Encourages their use in all cases where they are sufficient to hold a young person accountable.
Encourages the involvement of families, victims and community members.
Includes specific principles, including need for proportionate sentences and importance of rehabilitation.
Custody reserved for violent or repeat offences.
All custody sentences to be followed with a period of supervision in the community.
New options added to encourage use of non-custody sentences and support reintegration.
Creation of intensive custody and supervision order for serious violent offenders. Information provided by: http://www.justice.gc.ca/eng/pi/yj-jj/information/diff.html The YOA:
Does not identify the principal goal of the system; contains inconsistent and competing principles.
Contains some of the same themes as the YCJA.
Is not supplemented by more specific principles at the various stages of the youth justice process.
Allows the use of measures other than court proceedings (alternative measures) but does not create a presumption that they should be used for minor offences.
Included in general principles; sometimes inconsistent and competing principles.
No restriction on use of custody.
No requirement for community supervision following custody.
Does not provide for YCJA options like reprimand, intensive support and supervision or custody and supervision order for serious violent offenders. Information provided by: http://www.justice.gc.ca/eng/pi/yj-jj/information/diff.html Your rights: Your have the right to remain silent and that anything you say can and will be used against you.
You have the right to consult with an attorney and to have that attorney present during questioning, and that, if he or she is indigent, an attorney will be provided at no cost to represent her or him. Due Process rights? You have the right to be presumed innocent until proven guilty beyond reasonable doubt.
You have the right to refuse to answer questions that might incriminate
You have the right to receive notices of charges in a timely fashion
You have the right to equal protection of the law regardless of race, creed, colour, religion, ethnic origin, age, handicaps, or gender
(Note: not all rights are given)
Source; http://www.kafantaris.com/criminaldefense/11-criminal-defense-/43-dueprocess Guilty cases by Province and Territories
The Before and Afters The chart shows that all provinces have a decline in the number of crimes. Before the YCJA was issued, the crime rates were mostly above 20%. Now most provinces and territories are below 15%. Picture from: http://www.statcan.gc.ca/pub/85-002-x/2010002/article/11294-eng.htm The judge has a big decision to make, whether to let the offender go, trusting that s/he would not do it again, or sending him to a juvenile detention center. If the judge lets the offender go on probation, he may put the community in danger. However, keeping the offender in a cell could make an impact on their family (example: The sentencing of Bill Thomas) Thanks For Reading! :)