Criminal Law and

Young People

United States v. Canada

American youth are 6 – 10 times more likely to commit murder than Canadians.

Sounds great, huh? What you might not know is that Canada still ranks very high when compared to other countries.

Fast Fact

Females between the ages of 12 and 17 represent one of the fastest-growing areas of youth crime in

Canada.

Why do you think this is happening?

Some issues to consider…

• What role does the media play regarding public perception and youth crime?

• Does entertainment that glorifies violence contribute to youth committing violent crimes?

• Can children be rehabilitated more easily than adults? Explain.

What do you think?

Some claim that “zero tolerance” in schools is unfair and is “over-kill” and ends up making good kids who do one thing wrong, look bad.

Others claim “zero tolerance” deters youth from violent activity.

Which of these two (2)positions do you support? Explain why.

Children Learn What They Live

• Read the poem.• Do you think this text is reflective of

society? Explain.• What can we learn from this text?

What is the author’s message?

Children Learn What They LiveBy Dorothy Law Nolte

•

          If children live with criticism,               They learn to condemn.          If children live with hostility,               They learn to fight.          If children live with ridicule,               They learn to be shy.          If children live with shame,               They learn to feel guilty.          If children live with encouragement,               They learn confidence.          If children live with tolerance,               They learn to be patient.          If children live with praise,               They learn to appreciate.          If children live with acceptance,               They learn to love.          If children live with approval,               They learn to like themselves.          If children live with honesty,               They learn truthfulness.          If children live with security,               They learn to have faith in themselves and others.          If children live with friendliness,               They learn the world is a nice place in which to live.

Legislative Reform and Young People

One word to sum it up this topic:

CONTROVERSERY

• Too lenient?• Need “get tough” policies

Treating Adolescents as Adults:The Steven Truscott Case (page

310)

1. Steven Truscott was questioned for several hours without having a lawyer present. Why was this not an issue in 1959?

2. Discuss the inconsistency between the goal of sentencing under the Juvenile Delinquent Act and the sentence Truscott received.

3. Watch video: www.cbc.ca/fifth/truscott/index/html

Think about your life as a teenager. Can you recall doing something that was somewhat dangerous but you did it anyway? Did it get “out of

hand” at any point? Could there have been legal ramifications?

Case: R. v. R.S.S. (page 311)

1. Where do you think R.S.S. should have been tried- in adult court or youth court?

2. Do you believe that R.S.S. was threat to society?

Incapacity of Children• Children under 12 are incapable of appreciating nature

and are consequences of a criminal act and is, therefore, not criminally responsible.

• Children under 12 who commit illegal acts, even serious ones, are to be dealt with by their parents or according to social welfare and mental health laws of each province.

• Children can be removed from parent’s care and placed in group homes or if needed, a mental health facility.

What problems can you anticipate with this idea?

Legal Rights of Young People

• The Youth Criminal Justice Act provides additional rights for youth. There is a concern that youth may fail to exercise their Charter rights because of ignorance, fear or being pressured into making false confessions.

• Youth will almost always benefit from the advice and presence of a lawyer!

• Evidence collected from an offence will not be permitted in court if a young person’s rights are violated during the gathering of evidence.

Fast Fact…

In 2000, Canada had one of the highest rates of youth custody in the

world.

What do you think?

What reasons might a young person have for waiving his or her right to parental or legal representation?

Case: R. v. J.(J.T.)Page 317

1. How did the police fail to provide J. with his rights under the Young Offenders Act?

2. If you were arrested, would you want a parent or other adult present while the police questioned you? What role would you expect this person to play? Would a parent assume the same role as a lawyer? Explain.

Publication of Identities

• Names or other identifying information of youth (such as witnesses) cannot be published

• The identity of a youth who has been convicted of an indictable offence can be published if an adult sentence has been given unless the judge orders it not be published because it would hinder a youth’s rehabilitation.

Extra-Judicial Sanctions

• Community -based program used for youth to take responsibility for actions without having to lay charges and go to court

• May involve an apology, replace or repair damage, return stolen goods, community service, meeting with victim

• Youth’s parents must be made aware of the program

• Used for first time offenders of non-violent crimes and if…

• The Crown and police are satisfied that the program is appropriate

• The young person agrees to participate• The young person has been advised of his/her right to

consult a lawyer before committing• The young person takes responsibility for his/her

actions

• There is sufficient evidence for a conviction should the youth go to court

• Any record of participation must be destroyed after 2 years if the youth has not committed any further crimes during that time

Youth Justice Court

• A court designed for youth ages 12-18• Youth are entitled to bail• The judge will consider detaining the youth

if he/she believes that the youth will not show in court or if the youth is at a high risk of re-offending before court hearing

• A youth may be tried in youth court even if he/she is older than 18, if he/she committed the offence before turning 18 years old. However, it is likely you will serve any detention sentence in an adult institution.

Sentencing Options

Sentences are to be fair to the youth and helpful in the process of rehabilitation- they cannot be greater than the punishment an adult would receive for the same crime.

Before deciding on a sentence, a judge will consider:

• The extent to which the youth participated in the offence

• The harm done to the victim and the community• The reparation that the youth has made to the victim• The amount of time the youth has already spent in

detention• Other crimes the youth may have committed• The content of the victim impact statement• Pre-sentence report submitted by social worker or

probation officer (contains information such as school attendance, report cards, employment records, relationship with parents, medical records)

Probation

• Is usually given for summary offences• Allows youth to live at home, but they will

have to meet a number of conditions such as:

*Curfew*Attending school regularly*Professional counseling*Performing community service*Meeting with probation officer*Remaining within a designated area

Go straight to jail and DO NOT collect $200!

Custody: a sentence which directs youth to a controlled facility; usually imposed on a young person who commits a serious crime

Custody and Supervision Order: an order from the court that sets out terms and conditions, requiring the youth to spend two-thirds of the sentence in custody and the last third in the community under supervision

Open Custody: a sentence directing the youth to stay in a group home or participate in a wilderness camp for a certain period.

Secure Custody: a sentence that incarcerates a young criminal in a special youth facility which limits freedom

Boot camps, also known as strict-discipline facilities, are controversial

because they are modeled on military camps. Youths are made to follow demanding physical routines and supervision is tightly controlled.

Do you think boot camps are an effective alternative to closed

custody?

R. v. P. (T.M.), (1996)page 325

1. Why would T.’s lawyer not want the youth court judge to take into account T,’s behaviour after the first theft?

2. Do you think the youth court judge’s decision to have T. attend a wilderness camp and to participate in drug counselling sessions were aimed at protecting society or rehabilitating T. or both? Explain.

3. What sentence would you have imposed? Why?