Chapter 9: Going to Court

MULTIPLE CHOICE

1. According to youth court statistics, what is the most common charge in youth court?

a. theft

b. aggravated assault

c. breaking and entering

d. trafficking/possession

2. According to the text, in which of the following categories do the most common offences for repeat offenders fall?

1. property offences
2. violent offences
3. drug offences
4. administrative offences

3. Which of the following conditions is a requirement of the secondary grounds provision for pretrial detention under the Criminal Code?

1. The court deems it is necessary in order to maintain confidence in the administration of justice.
2. The youth has previously been charged with a serious offence.
3. The court believes that custody is necessary for public protection.
4. The court is convinced that custody is necessary to ensure that the youth will appear in court.

4. Under the YCJA, what must the court investigate before detaining a young person in pretrial detention?

a. the youth’s prior arrests

b. the protection of the public

c. the seriousness of the offence

d. the availability of a responsible person

5. Which of following is reflective of the rules under the YCJA about young offenders and jury trials?

a. Youth cannot elect for a jury trial even in adult court.

b. Youth can elect for a jury trial but only in the case of a murder charge.

c. Youth can elect for a jury trial if charged with an indictable offence.

d. Youth can elect for a jury trial when subject to an adult sentence or murder charge.

6. According to Bloomenfeld and Cole, what is it about case processing under the YCJA that has made it more complex than the YOA?

a. the use of preliminary inquiries

b. the greater range of sentencing options

c. the number of additional parties involved in sentencing

d. the youth’s ability to elect for a jury trial for murder charges

7. Which of the following tasks is the responsibility of lawyers who assume a guardian role in representing their youth clients?

1. to advise youth of their rights to remain silent, and suggest that they not cooperate with police
2. to be primarily concerned about what he or she thinks the young offender requires for rehabilitation
3. to try to get the most lenient sentence possible
4. to provide youth with a legal defence and try to prevent a conviction

8. According to the text, what did research on high school students’ understanding of their legal rights reveal when comparing them to university students?

1. For young high school students, guilt or innocence had a significant bearing on their assertion of their rights.
2. Younger youth are more likely to assert their right to a lawyer if there is strong evidence of guilt.
3. Younger youth are more likely to assert their right to silence if evidence of guilt is perceived as weak.
4. High school students and university students demonstrated a similar understanding of their legal rights.

9. According to the text, which of the following sentencing principles are upheld by the YCJA?

a. welfare and restorative justice

b. justice and crime control

c. justice and restorative justice

d. restorative justice and crime control

10. Which of the following is the most common sentence in youth court?

a. custody

b. probation

c. community service order

d. intensive support and supervision

11. Which of the following is a condition under which a young person can be sentenced to custody?

a. The youth has been convicted of a non-violent offence.

b. The youth has been charged with more than one offence.

c. The youth has exhausted all alternatives to custody and requires protection.

d. The youth has already received a non-custodial sentence and failed to comply.

12. According to data from Statistics Canada, for which of the following charges did youth receive longer custody sentences than adults under the YCJA in 2003–2004?

1. administrative offences
2. assault
3. theft
4. drug offences

SHORT ANSWER

1. Outline the difference between primary, secondary, and tertiary grounds for pretrial detention.

• Primary grounds are used when the court is convinced that custody is necessary to ensure that the youth will appear in court.
• Secondary grounds are invoked when the court believes that custody is necessary for public protection.
• Tertiary grounds refer to situations where the judge may consider that “detention is necessary in order to maintain confidence in the administration of justice.”

REF: 297-298

1. Compare lawyers who take a legal advocate role to those who take a guardian role.

Legal advocate role

• They should they act in the best interest of their client to ensure that their client has every possible legal advantage.
• Lawyers who assume a legal advocate role will advise young clients of their rights to remain silent, suggest that they not cooperate with police, provide a legal defence, and try to prevent a conviction. In cases of convictions they try to get the most lenient sentence possible.

Guardian role

• They should merely offer legal representation.
• Lawyers who assume a guardian role are primarily concerned about what they believe to be the “best interests” of the young offender. One lawyer was quoted as saying “I am concerned with rehabilitation, I take the role of a stern parent.” In the event of a conviction, this kind of lawyer will be primarily concerned about what he or she thinks the young offender requires for rehabilitation.

REF: 312-313

ESSAY QUESTIONS

1. Explain the four basic principles that govern sentencing in adult criminal cases. Are these principles presents in the YCJA? Justify your answer.

• Retribution is based on the notion of moral accountability and the idea that persons who intentionally harm others should suffer negative consequences so that wrongs can be righted.
• Deterrence originated in the 18th century and is based on the assumption that people will not engage in certain activities if the potential costs of doing so are greater than the potential gains. Deterrence may be general or specific/ individual. Negative consequences directed at an individual may be designed to dissuade all members of a society from engaging in similar actions (general). Sanctions may also be designed to prevent a particular person from reoffending (specific/individual).
• Incapacitation refers to measures taken, such as a prison sentence, to deprive a person of the opportunity to commit an offence.
• Rehabilitation assumes that people can change their behaviour if given an opportunity to do so. Rehabilitation may or may not involve particular treatment strategies or programs.
• Retribution is reflected in the YCJA as it makes it clear that the purpose of sentencing is to hold a young person accountable and to impose “meaningful consequences.” However, these consequences must be proportional to other youth sentences for similar offences and not any more severe than an adult sentence for a similar offence in similar circumstances.
• Deterrence and denunciation were added with Bill C-10 as sentencing principles.
• Incapacitation is reflected in the YCJA, which gives priority to the protection of the public. While custody sentences are options for judges to consider, judges must consider all non-custodial alternatives and determine that there is no reasonable alternative before imposing a custodial sentence.
• Rehabilitation is presented as a primary objective of “just sanctions” and in addition restorative justice principles as well as reintegration are stated as primary objectives. However, welfare and restorative justice principles apply only after consideration of proportionality and responsibility principles.

REF: 317-325

2. Summarize the non-custodial sanctions that are available to the courts under the Youth Criminal Justice Act.

• Judicial reprimand is new with the YCJA and simply involves a stern lecture from the judge; it technically does not constitute a sentence. A reprimand would be likely to be considered suitable for first-time offenders facing a minor charge where it is believed that experience with police processing and the court is sufficient to hold the youth accountable. This along with an absolute discharge does not result in a criminal record.
• Absolute discharge is also a sentence with no criminal sanctions and, as with the reprimand, even though the young person is found guilty, the youth is free to leave the court with no penalty. This is most often given for minor offences when the young person has no prior record.
• Conditional discharge was introduced under the 1995 amendments to the YOA. This has always been available in the adult criminal justice system and it is generally viewed as similar to probation but more lenient. The conditional discharge provides for conditions similar to those outlined in a probation order. After successful completion of the terms of the order, the person’s criminal record is erased, which is different than probation.
• The court may also impose a fine, which is not to exceed $1,000 but it must consider the youth’s ability to pay. Under a fine option program, young people can elect to do community service work if they are unable to pay a fine.
• For a community service order the court may order young people to perform unpaid and supervised community service for a period not to exceed 240 hours with 12 months allowed for completion. Community service orders are often operated through probation offices.
• Probation is the most common sentence or disposition in youth court. A probation order is a means of controlling and supervising a young person’s behaviour while he or she is in the community. Under the YOA there were two mandatory conditions in all probation orders: (1) to “keep the peace” and “be of good behaviour,” and (2) to appear in court as required. The YCJA added two new mandatory conditions: (1) prohibition from possessing or purchasing weapons, ammunition, or explosive substances, and (2) any other conditions necessary to “secure the young person’s good conduct” and prevent future criminal activity. The maximum term for probation is two years.
• An intensive support and supervision order is similar to probation in that it is served in the community and comes with conditions attached to it. The difference is that this sentence is intended to provide closer monitoring and more support and services than probation.
• For a non-residential attendance order a youth may also be ordered to attend a non-residential program for up to 240 hours. This is a potentially rehabilitative sentence and other conditions may be attached to the order such as refraining from alcohol or not associating with certain people.

REF: 321-324