YCJA

=Youth Criminal Justice Act & Youth Crime=

Arjan & Will - Principles
The YCJA is not trying to send youth between the ages of 12-17 to jail. Check out this interesting youtube video!

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 * Rehabilitation
 * Holds youth responsible
 * Re - integration
 * Acknowledgment and repair harm caused to the victim
 * Provide opportunity
 * Promote long term protection of the public

James & Aaron - Extrajudicial Measures
"Extrajudicial" means "outside the court." Therefore, extrajudicial measures aim to hold a young person accountable without proceeding through the formal court process. The YCJA encourages the use of extrajudicial measures in all cases where they are adequate to hold a young person accountable.

Extrajudicial measures are designed to:

 * provide an effective and timely response to offending behaviour
 * encourage young people to acknowledge and repair the harm caused to the victim and or community
 * provide an opportunity for victims to participate in decisions related to the measures
 * respect the rights and freedoms or young offenders

Types of Extrajudicial Measures:

 * Taking no further action (i.e., a decision is made by the police officer that no further response to an incident is required);
 * A warning from police (such warnings are intended to be informal warnings and are an example of a traditional exercise of police discretion);
 * A caution from police (cautions are more formal warnings that may typically involve a letter from police to the young person and the parents and in some cases may require the young person and parents to appear at the police station for a meeting to discuss the incident);
 * A referral from police to a community program or agency designed to help youth avoid committing offences (such referrals may only be made with the consent of the young person);
 * A Crown caution (such cautions are similar to police cautions but are issued by Crown prosecutors after police have referred the case to them); and
 * An extrajudicial sanction (sanctions are applied through more formal programs set up by the provinces and territories).

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Joe & Alex - Legal Rights of Youth

 * The police have the right to stop a youth and do a search if they have objective reasons.
 * The police must advise a youth that has been arrested of his/her rights and make sure that the youth understands his/her rights.
 * The rights to remain silent, to know the reason for the arrest, and to retain counsel are important protections for youth.
 * Youth are generally entitled to have counsel and a parent or a responsible adult present when questioned by the police.
 * Youth can waive their rights under the YCJA.
 * Youth charged with an indictable offence can be fingerprinted and photographed.
 * Youth are entitled to pre-trial release with the exception of public safety issues, failure to appear concerns or unless the youth commits a serious offence, or has a pattern of outstanding charges or findings of guilt.
 * Youth are entitled to legal counsel at arrest, at trial and when an extra-judicial sanction is being used.
 * Youth have the right to be dealt with in a timely manner.
 * Youth have the right to a trial to determine guilt before an adult sentence is considered.
 * Sentences should respond to the needs of Aboriginal youth and youth with special requirements.
 * The province may set up a program to recover costs of legal counsel from the youth or his/her parents.

Royce & Devan - Conferences
19. (1): A youth justice court judge, the provincial director, a police officer, a justice of the peace, a prosecutor, or a youth worker may convene or cause t be convened for the purpose of making a decision required to be made under the YCJA.

What is it? A conference is an organized group of people with some relationship to the young offender to discuss methods or procedures that might assist the youth with reintegration. Conferences are usually formed of family group members or members of the community, sometimes there will also be healing circles and other special groups depending on the case. Conferences decide things such as sentencing, extra-judicial measures, conditional sentences, and overall reintegration.

Rishav & Owen - Sentencing
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