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Mary & Lynn 9b

Social Studies 9 Justice System for Youth Chap 2

1. What does the term fair and equitable mean?


It means governed by rules that apply to everyone, taking into account
individual needs and circumstances. Rules that are for everyone, BUT the
rules can change depending on the different needs of people.
2. What is Canada's justice system and what is it trying to do?
The justice system is the institutions and procedures for applying laws in a
society; it is an important aspect of governance in Canada.
3. What is one of the fundamental principles of justice in Canada and
other democratic countries?
One of the fundamental principles of justice in Canada and other democratic
countries is that a person is assumed innocent until proven guilty.
4. In what ways does crime has a negative effect on quality of life?
Crime damages property, and harms people and communities.
5. What would happen to society without justice?
Without justice we have no rights, no peace, and no prosperity. Once it is
lost it is hard to reinstate.
6. Why do you believe that the statue of justice is blindfolded and holds
a balance?
I believe that the statue of justice is blindfolded to not be prejudiced, to treat
both offenders equal and it holds a balanced to weigh each individual equal
and not to be biased to one person than the other
7. Define the following terms

Legislation – laws created through the legislative process

Validity –reliability, based on a critical assessment of source, facts and


bias

8. When you get caught breaking the law who begins to make choices
about what happens to you?
When you get caught breaking the law, you no longer have choices about
what happens to you. Other people- the police, lawyers, justice committees
and judges- make choices for you.
9. If you are arrested what rights do you have?
If you are arrested, you have the right to remain silent, not speak to a lawyer,
parent or guardian, to have your parents with you during questioning, to
have lawyer if you go to court.

10. What is the role of a Youth Justice Committee?


Their role of the Youth Justice Committee is a group of volunteers from
your community. They work with you, your family and the people you have
wronged to determine a just consequence for your offence.

11. What consequences did the young offender on page 62 have to face?
She will have to finish twenty hours of community service, have six sessions
of drug and alcohol education.

12. What five aspects of the YCJA are mentioned on page 64?
• Deals with 12 to 17 years old in trouble with the law

• Allows some young offenders to face consequences such as


counseling and community service

• Prohibit adult sentences for youths 12 to 14 years of age.

• Allows adult sentences for young people 14 years of age and older
who have committed serious crimes

• Protects the privacy of young offenders, news media may not publish
their names unless they receive an adult sentence
13. What is a criminal record and what are some of the consequences of
Having one?
A permanent record of breaking the law, which is public information. A
criminal record can bar you from some jobs, volunteer positions and travel
to other countries.
14. What other circumstances may apply that could affect how a youth
is treated after a criminal charge has been laid? (Chart page 66)
Other circumstances include :
• has a previous criminal record
• Refuses to provide the name of a parent or guardian
15. Before the Youth Criminal Justice Act every young person who
broke the law was charged and went to court. What problems did this
create?
• Young offenders did not face consequences for a long time, because
the courts are busy with many cases and offenders
• The consequences did not always connect back to the people and
communities the offence affected

16. What is restitution?


A sum of money paid in compensation for loss or injury (internet)
Restitution, such as paying for damaged property.

17. From the chart on page 66 and 67 list all of the people who may be
involved as the result of a youth criminal act.
Young person, police officer, parents of the young offender, lawyer, social/
mental health workers, community volunteers, judge, social workers and
professionals.
18. What factors determine the consequences young offenders face?

YCJA allows police, prosecutors, judges, and volunteers also professionals


from the community to decide what happens to each young offender.
• Seriousness of the offence
• History of the young person
• Attitude of the young person
• Circumstances of the young person

19. Why does Anne McLellan say that young people, up to a certain age,
should not be treated as adults?
She said that, because they do not understand their actions in the same way
we expect of adults. Young people are still in the process of forming their
views.

20. According to Anne McLellan how can young people get involved
with youth justice?
Young people can make a real contribution as volunteers in their schools,
taking up the challenge of working with those who have broken rules or
code of conduct.

21. What are the principles and objectives of the YCJA?


a. The Youth Criminal Justice system is intended to:
(i)Prevent crime by addressing the circumstances underlying a young
person’s offending behavior,
• [What it means] young person need counseling for alcohol or drug
abuse
(ii)Rehabilitate young persons who commit offences and reintegrate
them into society
• [What it means] ] Providing young offenders with the skill to make
positive choices in the future
(iii)Ensure that a young person is subject to meaningful consequences
for his or her offence in order to promote the long-term protection of
society
• [What it means] If a young person damages someone’s property
they should explain themselves
b. The criminal justice system for young persons must be separate from
that of adults and [recognize]…their reduced level of maturity
• [What it means] young offenders are not responsible for their
actions as adults and should not face the same consequence as adults

22. What do statistics say about how often young offenders get into
trouble and the age at which they first break the law?
Most young offenders get into trouble with the law only once. But, the
younger a person is when they first break the law, the most likely they are to
break the law again.

23. What two changes to the YCJA were proposed in February 2007?
The first change might make it automatic for youth aged 14 and over who
are repeat or violent offenders to receive automatic adult sentences. Another
proposed change could affect youths aged 16 and 17 who are charged with
serious violent crimes. It would allow publication of their names and give
them a permanent criminal record.

_____________________________________________________________

24. What change to the YCJA did Conservative minister of justice Vic
Toews propose to "crack down on crime"?
He suggested lowering the age when children could be charged under the
youth criminal act from twelve to ten years old.
25. What facts regarding Aboriginal young offenders did Canada's
Correctional Investigator find?
They were jailed at earlier ages for longer periods of time than non-
aboriginal young offenders.

26. What makes youth justice fair in Mr. Graham Long's opinion?
The victims needs’ are first priority in the court

27. What two opposing issues are seen in the abbreviated version of an
editorial from the Edmonton Journal in July 2007?
Protecting the girls name will help her get in society again, but it is also
important to warn the community of this for public safety.

28. What is a political cartoon?


Political cartoons covey an opinion about a topic. They are a type of
persuasive communication. Most political cartoons use humour for serious
purposes: to make points about a public figure

29. In the cartoon on page 74 what do the jail and the young person
represent?
The Jail represents justice and the young person represents today’s young
criminal offenders.

30. What situation does the carton show?


It is clearly showing he was put into jail by the footsteps and now he walks
out between the bars of the cell with ease and looks back at it with a smile.

31. What is the main idea or point the artist is communicating?


There are many ‘holes’ in today’s justice system for young offenders. They
can get away very easily though they have committed a crime. Its showing
that just because they are small doesn’t mean they SHOULD get off easy for
breaking the law.

32. What is a jury?


Anyone who is 18 years or older who is a Canadian citizen may serve jury
duty, with some exceptions. It is considered a duty for Canadian citizens
serving on juries it is also your responsibility to make sure you are on time
and there. People are excused from jury duty only if they can demonstrate
that it would cause them undue hardship.

33. What must you do if chosen to serve on a jury?


Jurors must swear an oath to use only the evidence and the law to reach a
verdict.

34. How can some people be excused from jury duty?


People are excused from jury duty only if they can demonstrate that it would
cause them undue hardship.

35. Define the following terms

Defense –The evidence that supports the innocence of a person accused of a


crime. In courtroom, the lawyer represents the accused person and presents
the defense. The defense can include a witness, and physical evidence such
as DNA samples and objects.

Prosecution - The prosecution includes the evidence that supports the guilt
of an accused person

Sequester –To sequencer means to remove from contact. Juries are


sequenced to ensure they consider only the evidence supported in the
courtroom.

36. How many people may be called for jury duty even though only 12 are
needed?
200

37. Why is the accused shown to all prospective jury members?


To make sure none of the jury members know the accused

38. Who decides which prospective jurors will make up the final jury?
The two lawyers decide; the prosecution and defense. They ask questions lie
what they did for a living and both lawyers need to say yes in order for a
person to become a juror.

39. In what ways does the court try to ensure that a sequestered jury does not
have contact with the outside world?
They have to stay in a motel and were only allowed one phone call, which
the message was delivered through the guard and they could not have access
to the outside world including newspapers, TV, or Internet.

40. How many of the twelve jurors are needed in order to pass a guilty or not
Guilty verdict and what happens if they don't?
All must agree or else they need a new trial

41. What does the saying "ignorance of the law is no excuse" mean?
It means that citizens have the duty to know the law. If you do something
illegal, but not know its legal you can still be charged and convicted of
offence.

42. How are the two major citizen-led organizations John Howard Society
and Elizabeth Fry Society involved in the justice system?
They are Advocacy Groups which provide public education about laws and
the justice system including youth criminal justice act. The work with youths
and adults who have broken the law to help them find jobs and places to live
sometimes they arrange meetings between victims and the offenders to help
everyone move forward. They stand up for the rights of the accused.

43. In what way are the Elizabeth Fry and John Howard Societies different?
Elizabeth fry focuses on issues for women and girls and the John Howard
works with men and boys and girls in trouble by the law.

44. What fundamental things would Brad Odsen of the John Howard
Society like to see government focus on instead of simply passing
harsher laws?
Prevention of crime, He wants to spend more money trying to prevent crime
because he believes that way, we will gain economically and socially.

45. According to Jacqueline Biollo was is justice NOT about?


She believes justice is not about putting people in a jail where they will just
work on the own anger, she believes that if we just do that, It wont be
reducing crime.

46. What are sentencing circles?


They come from the traditions of aboriginal peoples whose systems of
justice can also include consequence such as banishment. The committee’s
act on the idea that breaking the law harms everyone in the community must
be involved in solutions. Any community can have a youth justice
committee. Elders play an important role to justice.

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