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 lawApplies to young people aged 12 to 17

charged with Criminal code offencesYCJA 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 crimesUnder 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