Criminal Law and Young People

CLU4U

Focus Questions

1. Why does the legal system treat young people differently from adults who commit the same crime?

2. Why is it necessary to reform legislation relating to young offenders?

3. What are the rights of the youth accused of a criminal offense?

4. What happens to a young person going thought the youth criminal justice system

Introduction

• Public fear of youth rather than the actual increase of violent offences that has contributed perceptions that youth violent crime is on the rise– Popular entertainment:

mass media exaggeration of changing social behaviours

Some facts

• Statistics: 1984-1991 crime in youth rose dramatically, peaking 1991– Reasons: Changes in reporting (zero-

tolerance policy adopted by schools)

• U.S. youth 6-10 times more likely to commit homicide– Reflects different values and attitude – Reflects easy access to firearms in the U.S.

Youth and the Law

• At some point during their adolescence, many young people break the law.

Lack self-confidence

Trouble at home / school

Peer pressure – to Participate in high-risk activities

Just not thinking - impulsivity

Most young people go on to become productive, law-abiding citizens

Youth and the Law

year # violent crime

# property crime

2001/2002 62 828 32 100

2002/2003 61 744 31 359

2003/2004 53 101 25 532

2004/2005 48 089 22 722

2005/2006 46 878 21 522

Significance of theseStatistics?

What do they tell us about youth crime?

Some other facts

• Difficult to generate a profile of young people that break the law

• Most victims of crime by youth are other youth

• Gang violence – entire gang can be charges as “parties to the offence”

History – Legislative Reform and Young People

• 1908 – Juvenile Delinquents Act– Defined young people who committed crime

– To be treated as misdirected children, not criminals

– Included those who: • ran away from home• Skipped school• Committed crime• Considered “unmanageable or sexually immoral

– Sent to training schools (custody, discipline and vocational training)

Juvenile Delinquents Act, 1908

Criticism -1970’s1. Was too soft, didn’t work. Youth re-

offended

2. Gave judges and police broad power in determining what was in the “best interest” of our kids

Solution: 1984-Young Offenders Act

Juvenile Delinquents Act, 1908 - summary

• Age 7-18

• Child-welfare approach

• Informal process

• Lack of recognition of legal rights

• Incidents of institutional abuse

• Significant judicial discretion

Young Offenders Act, 1984

• Shift from welfare approach to criminal approach.

• Identified the offender not as a misdirected child but a young offender, aged 12-18th birthday

• Young offender held accountable for their crimes but at lower level of accountability

• Act also recognizes the legal rights of youth as set out in the Charter

• Additional rights of youth – (due to their age and vulnerability – due to ignorance and fear)

Young Offenders Act, 1984 - summary

• Age 12-18th birthday• Criminal approach• Emphasis on youth taking responsibility for their

actions• Emphasis of society’s rights being protected• Rights under the Charter plus rights for youth

Amendments 1992 and 1995• Max sentence increased to 10 years• Easier to transfer to adult court

Young Offenders Act, 1984• Violent crime continues to increase during the 1990’s• Public call government to get tougher on violent youth crime

Amendments

• To continue to transfer violent offenders to adult court• Increased maximum sentences

– Murder went from 3 years to 10.

• By 2000 Canada has one of the highest rates of youth incarceration

• Clearly, what we are doing – harsh punishments – is NOT working. So what to do????

Youth Criminal Justice Act, 2002

• Purpose – long term protection of society

1. Make the sentence match the crime – consider other measures besides incarceration

2. Get the youth’s family, victim, youth workers and other members of the community involved - A restorative justice approach!

• As of 2008, those convicted of serious violent offences are presumed to be entitled to a youth sentence – the Crown can still petition the courts to consider an adult sentence

Youth Criminal Justice Act, 2002 summary

• Age 12 – 18th birthday• Limited use of custody• Seriousness of offence to be reflected by the

sentence• Measures other than court proceedings to be

used for non-violent offences• Need to transfer youths to adult court eliminated

by allowing adult sentences for presumptive offences

• Publication of youths identity only if adult sentence is imposed

Incapacity of Children

• Children under 12 – incapable of appreciating the nature and consequence of a criminal act – not criminally responsible

• To be dealt with by parents or under the social welfare and mental health laws of each province or territory