November 24, 2009

YCJA in the News

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News stories are good at showing perspectives and opinions. So is a video on the YCJA:

November 23, 2009

Is the Youth Criminal Justice Act Fair and Equitable?

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Is the YCJA fair and equitable? Well, after providing all this information, I believe that it is indeed fair and equitable. There are well thought out objectives for youth who commit crime, statistics showing high incarceration rates, consequences that are meaningful, Jury who provide fair trials, and Elders who contribute to the justice system. The justice system is safe and well run.

Elders in the Youth Justice System

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Elders contribute to the fairness and equity of youth justice. They share traditional customs and are members of the youth justice committees in their communities. They help and guide young people with their own culture and values. Elders can be role models and advisors in their community. They can provide mentorship to young people to prevent crime or help them re-integrate with society.

Justice Advocacy Groups

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Justice advocacy groups try to solve the underlying reasons for crime. They provide public education about laws and the justice system, help reintegrate offenders into society, stand up for rights of the accused in crimes, and call for measures to improve the fairness of the justice system for those who are accused and harmed by crimes.

There are two justice advocacy groups in Alberta. The John Howard Society, and the Elizabeth Fry society. The role of the John Howard Society is to be like a conscience for the justice system. They examine evidence and see what really needs to be accomplished. They try to solve the underlying reasons of crime such as inadequate food or shelter. They look at what can be done to prevent crime such as community development and recreation for young people.

The Elizabeth Fry Society aims to provide convicted women and girls a place to heal and grow. They believe that the justice system needs to look at each case individually. Every offender is an individual, and the situation is individual. They help re-integrate people into society. They strive in preventing crime by providing needed resources.

Citizens may help volunteer for these advocacy groups. They may attempt to influence the government and justice system to be more focused on crime prevention. They can also help improve the lives of people who have committed crimes. And citizens who volunteer for these advocacy groups, show that they value and support the idea of crime prevention.

Jury in the Youth Justice System

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Under the YCJA, a person 14 years of age or older may choose to be tried by a judge and jury for certain serious offenses, such as assault or murder. The jury for these offenses consist of 12 people, and all 12 must agree on the verdict. The decision must be unanimous. You can also note that the jury does not influence how hard it is on someone, they can only decide if the accused is guilty or not guilty.

Serving on juries is considered a duty of Canadian citizens. Anyone 18 years of age and older are considered for jury. But there are exceptions, like people convicted of some crimes. If you are summoned to jury duty, it is your responsibility to appear at the courthouse on time. You must make whatever arrangements are necessary for transportation, time off work or classes, and rebooking assignments. Employers are required to give you time off for jury duty, but don't have to pay you. People may be excused from jury duty if they can demonstrate it would cause them undue hardship.

There are advantages and disadvantages to having a jury for an accused person. Advantages are that they can discharge biased people, and it reduces the harshness of the justice system. Disadvantages are that it may be more expensive in legal fees, it can take longer than facing a judge, and the jurors views may be swayed with sly lawyers.

Political Cartoons on Young Offenders

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Political Cartoons are important in understanding the perspectives and views of other people. So here are some young offender political cartoons:




More cartoons can be found on Cartoon Stock (click here) and Artizans (click here).

Factors that Determine Consequences

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Consequences under the YCJA (click here) explains what consequences you can receive under the YCJA. But what factors determine the consequences?

The YCJA allows police, prosecutors, judges, volunteers and professionals from the community to decide what happens to each young offender. They consider factors such as:

  • Seriousness of the offense (e.g. violent offense is more serious than non-violent)
  • History of the person (e.g. Has the person been in trouble before?)
  • Attitude of the young person; do they take responsibility for their actions?
  • Circumstances of the young person (e.g. If they have substance abuse problems along with their theft charge, they will need to take counseling in addition to other consequences)

Explanation for the Objectives of the YCJA

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I wrote about the Objectives of the YCJA (click here to go), and today I will explain it more in depth.
  • Prevent crime

    • This means addressing the offending person's underlying circumstances for the offending behavior. An example would be counseling for alcohol or drug abuse.


  • Rehabilitate young offenders and reintegrate them into society

    • Providing young offenders with the skills to make positive choices in the future, and to help them find positive ways to participate in their community (e.g. joining a sports team). 


  • Punish bad decisions with meaningful consequences

    • The consequences would promote the long-term protection of society. For example, if a young person damages someone's property, they should explain themselves to the person they wronged, and repair or replace the property.


  • Separate young offenders from adults because of their reduced maturity level

    • Young offenders are not as responsible for their actions as adults and should not face the same consequences as adults.

Consequences Under the Youth Criminal Justice Act

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Consequences under the Youth Criminal Justice Act (YCJA) are usually done in measures designed by a Youth Justice Committee, a Sentencing Circle, or Social Workers and other professionals. The measures can include community service, addiction counseling, mental health counseling, helping victims and other steps.

There may also be sentences handed out by a judge. The sentences may include:
  • Community services
  • Counseling
  • Prison
  • A criminal record
  • Restitution, such as paying for property damaged

November 22, 2009

Videos of Perspectives on the YCJA

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Here are some YouTube videos on the Perspectives and Opinions of the Youth Criminal Justice Act:









As you can see, there are different views and perspectives on the YCJA. You can see mine here(click here).

Incarceration Rates for Youth

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Canada's youth incarceration rates are among one of the highest in Western countries. Both youth and adults have to serve jail time if they commit a serious crime. But youth will likely spend more time in jail than the adult because of the conditional release provisions.

Statistics of the Youth Justice System

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An increasing number of cases for youth are being dealt outside of the court room.  The cases being dealt in the court room are non-violent. And with violent offenses, minor assaults make up nearly half of it. Over forty percent of the cases being dealt in court can fall into these four categories: theft under $5000, possession of stole property, failure to appear, failure to comply with a disposition.

Rates for youth court in Canada:
  • Theft under $5,000: 15,801 (15%)
  • Possession of stolen property: 5,208 (5%)
  • Failure to appear: 11,597 (11%)
  • Failure to comply with a disposition: 13,072 (12%)
  • Other thefts: 4,975 (5%)
  • Mischief/damage: 5,336 (5%)
  • Break and enter: 12,251 (11%)
  • Minor assault: 10,545 (10%)
All cases: 106,665

Source: Youth Justice

Objectives of the Youth Criminal Justice Act

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 I believe the Youth Criminal Justice Act (YCJA) strives to do the following:
  • Prevent crime
  • Rehabilitate young offenders and reintegrate them into society
  • Punish bad decisions with meaningful consequences
  • Separate young offenders from adults because of their reduced maturity level

My Opinion and View on the State of the Youth Justice

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I believe the Youth Justice System does what it need to deter and punish youth who commit crimes. It does not have to be more or less strict. Youth Justice Should stay the way it is. Stay tuned to find out my supporting reasons.

Journey into YCJA Social 9

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In the Social Studies curriculum of Alberta, you are required to learn about the Youth Criminal Justice Act (YCJA). This is a key vital role in keeping our youth aware about society.

As a strong supporter of teaching the YCJA, I believe that technology is key in reaching out to the people of tomorrow. That is why I have started this blog.

I hope you subscribe and follow me, as I write about the YCJA.
 
Copyright 2009 YCJA Social 9