key concepts developed in this...

Social Studies 9

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Chapter 2 “To what extent is the justice system fair and equitable for youth?”

Key Understandings Analyze the role that citizens and organizations play in Canada’s justice system by exploring and reflecting upon the following questions and issues:

• How do citizens and organizations participate in Canada’s justice system (i.e., jury duty, knowing the law, advocacy, John Howard Society, Elizabeth Fry Society)?

• What are citizens’ legal roles and their responsibilities? • What is the intention of the Youth Criminal Justice Act?

Key Concepts Developed in this Chapter Key Concepts Definition Examples Fair and Equitable

Justice

Justice System

Community Service

Criminal Record

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Sentence

Reintegrate vs. Rehabilitate

Jury

Freedom

Independent vs. Collective

Common Good

Advocacy Group

Issues for Canadians Textbook - Page 61 If you are arrested, you have the right:

• ___________________________________________________________ • ___________________________________________________________ • ___________________________________________________________ • ___________________________________________________________

Youth Crime in Canada: An Overview • Use your textbook to answer the following questions about youth crime in Canada

by checking the appropriate column if the statement is true or false.

Statements About the YCJA TRUE

FALSE

1. Young offenders are treated differently than adult offenders 2. The Youth Criminal Justice Act (YCJA) is the law that defines the

consequences young people face for criminal offenses

3. An 11 year old cannot be charged with a criminal offence 4. A 15 year old can be given an adult sentence 5. The names of young offenders cannot be published in the

newspaper

6. Young offenders do not get criminal records 7. Two youths of the same age who commit the exact same offence

may face different consequences

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Statements About the YCJA TRUE

FALSE

8. Violent crime is dealt with more seriously than non-violent crimes 9. Police do not need to charge first time young offenders 10. The YCJA attempts to deal with the underlying causes of crime 11. The YCJA tries to reintegrate young offenders back into society 12. Young offenders are deemed to have a “reduced moral

culpability”

13. Youth crime in Canada is on the rise 14. Most youth crime in Canada involves violence 15. Youth that commit serious crimes often get off with a “slap on the

wrist”

16. The YCJA ignores victims of crime 17. Aboriginal young offenders in Canada are more likely to get a

tougher sentence than a non-Aboriginal young offender for the same offence

18. Most young offenders only get in trouble with the law once 19. A young offender who goes to trial cannot choose to be tried by

a jury

20. Do you think the law is tough enough on young offenders? Reading Activity 1 Youth Criminal Justice Act: Scope and Principle The Youth Criminal Justice Act consists of a Declaration of Principle and nine parts: Part 1: Extrajudicial Measures Part 2: Organization of Youth Criminal Justice System Part 3: Judicial Measures Part 4: Sentencing Part 5: Custody and Supervision Part 6: Publication, Records and Information Part 7: General Provisions Part 8: Transitional Provisions Part 9: Consequential Amendments, Repeal and Coming into Force The Scope of the Act Laws and regulations can be created by the federal government, the provincial government and the municipal government (by-laws). The YCJA applies to youth who break federal laws and regulations. Each province has separate laws for dealing with youth who break provincial laws or municipal by-laws. The Youth Criminal Justice Act is administered primarily by local police and through the provincial courts and judicial system. The YCJA applies to youth ages 12 to 17. Children younger than 12 who commit a crime are dealt with outside of the youth justice system. This may include the involvement of police, social workers, the school, the community, and parents or guardians. Children under 12 may be removed from their home and placed in care for their own safety or for the safety of their community. The Principles of the Act The act focuses on the basic principles of crime prevention, rehabilitation, reintegration, meaningful consequences, protection of the public, and accountability. It considers the unique nature of youth, in particular their level of maturity, and gives special consideration to fair

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treatment, protection of rights and privacy, and timely intervention. It is meant to reflect social values while taking into account each individuals unique social, cultural and developmental situation, and meaningfully involve the community, social agencies, family, and the victim in the rehabilitation and reintegration process. The act encourages compassion, empowerment, respect, dignity, participation, and facilitates understanding by through the sharing of information and offering support for both the victim and offender. Youth Criminal Justice Act: Scope and Principle Section 3(1)a of the Youth Criminal Justice Act sets out the Scope and Principles of the act in the following manner The purpose of the youth justice system is to: 3(1)a

(i) prevent crime by addressing the circumstances underlying a young person’s offending behavior,

(ii) (ii) rehabilitate young persons who commit offences and reintegrate them into society, and (iii) (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 the public; There is an emphasis on: 3(1)b (i) rehabilitation and reintegration, (ii) fair and proportionate accountability that is consistent with the greater dependency of

young persons and their reduced level of maturity, (iii) enhanced procedural protection to ensure that young persons are treated fairly and that

their rights, including their right to privacy, are protected, (iv) timely intervention that reinforces the link between the offending behavior and its

consequences, and (v) the promptness and speed with which persons responsible for enforcing this Act must act,

given young persons’ perception of time; The measures taken against young persons who commit offences should: 3(1)c (i) reinforce respect for societal values, (ii) encourage the repair of harm done to victims and the community, (iii) be meaningful for the individual young person given his or her needs and level of

development and, where appropriate, involve the parents, the extended family, the community and social or other agencies in the young person’s rehabilitation and reintegration, and

(iv) respect gender, ethnic, cultural and linguistic differences and respond to the needs of aboriginal young persons and of young persons with special requirements; and

Special considerations apply in respect of proceedings against young persons: 3(1)d (i) young persons have rights and freedoms in their own right, such as a right to be heard in

the course of and to participate in the processes, other than the decision to prosecute, that lead to decisions that affect them, and young persons have special guarantees of their rights and freedoms,

(ii) victims should be treated with courtesy, compassion and respect for their dignity and privacy and should suffer the minimum degree of inconvenience as a result of their involvement with the youth criminal justice system,

(iii) victims should be provided with information about the proceedings and given an opportunity to participate and be heard, and

(iv) parents should be informed of measures or proceedings involving their children and encouraged to

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Student Questions From Reading 1. The federal, provincial, and municipal governments all have powers to make laws. Why do

you think the YCJA is federal act rather than a provincial or municipal act? ___________________________________________________________________________________________________________________________________________________________________________________________________________________________

2. Why do you think children under 12 are treated differently than children 12-17 years old? ___________________________________________________________________________________________________________________________________________________________________________________________________________________________

3. Why do you think youth 12-17 are not treated the same way as adults? ___________________________________________________________________________________________________________________________________________________________________________________________________________________________

4. List ten of the most important words used in the act. Rank them from most to least important, 10 being least 1 being most. 1. 6.

2. 7.

3. 8.

4. 9.

5. 10.

5. What are the three most important statements in the act? Justify your choices.

Statement Justification

6. Deterrence is not mentioned in the principles of the act? Why do you think it may have

been intentionally left out? _____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

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Activity 2 With a partner, read the following case studies. For each case study, answer the corresponding questions.

Case Study #1 Late one summer, John Smith attended a party at a friend's house. At the time, John Smith was 16 years old and was looking forward to returning to high school the next month. During the party, at which both drugs and alcohol were consumed, an argument broke out between some friends of the accused and some uninvited young men who had shown up around 11:30 p.m. When the accused attempted to intervene, he was confronted by one of the uninvited young men. In retaliation, Smith, the accused, punched the young man causing him to fall and strike his head. Smith was charged with assault causing bodily harm.

1. Who is the victim?

___________________________________________________________________ 2. What is the nature of the crime?

______________________________________________________________________________________________________________________________________

3. What is the severity of the crime? ______________________________________________________________________________________________________________________________________

4. Suggest a reasonable consequence for the crime committed. ______________________________________________________________________________________________________________________________________ ______________________________________________________________________________________________________________________________________

When suggesting a consequence, consider: • the youth who committed the crime; their freedom, well-being, long-term prospects • the victim of the crime; security, well-being, justice • society at large; security, well-being, justice • criminal justice system; ability to protect society & youth, self protection, efficacy, cost Some possible criteria you could include: • Is the consequence aligned with the severity of the crime? • Does it consider the age of the accused? • Does it allow for rehabilitation? • Does it protect the interests of all stakeholders?

Case Study #2 While at the mall with a group of friends, Jasmine saw a sweater that she had seen in a magazine. It would be perfect for her to wear at an upcoming family event. The problem was, the sweater cost considerably more than Jasmine could afford. She decided to try on the sweater anyway. It was a perfect fit! Her friends all told her how amazing the sweater looked on her and that she just had to have it. When Jasmine stated sadly that she could not afford it, some of her friends offered to distract the sales people in the store so that she could slip the sweater into her bag. After much thought, Jasmine agreed. As she headed out of the store, the alarm sounded. She had been caught.

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1. Who is the victim? ___________________________________________________________________

2. What is the nature of the crime? ______________________________________________________________________________________________________________________________________



1. Who is the victim?

___________________________________________________________________ 2. What is the nature of the crime?

______________________________________________________________________________________________________________________________________



An Inquiry Into the YCJA

Activity 3 Use your Issues for Canadians textbook (Pages 56-87) to answer the questions. We will be discussing the answers in detail throughout our Chapter 2 PowerPoint. How do Canada’s justice system and the Youth Criminal Justice Act attempt to treat young offenders fairly and equitably?

Case Study #3 When A. J. got his driver's license, he could not wait to take his friends out for a drive. On a Saturday evening in the spring, A. J. and a group of his friends piled into the car and headed out from Lacombe toward Leduc. When they pulled up to a stoplight, a sporty car filled with another group of teens pulled up alongside. As they waited for the lights, the two cars began to rev their engines. When the light turned green the sporty car accelerated quickly. Not to be outdone, A. J. stepped on the gas, squealing tires, and his car followed in hot pursuit. The two cars sped down the road reaching speeds well above the speed limit. Suddenly, another car turned the corner into the path of the speeding cars. Swerving to avoid a collision, A.J.'s car hit the curb, flew across a lawn and smashed into the front of a house. Luckily, A. J. and his friends received only minor injuries but the front end of the car was destroyed and the house suffered several thousands of dollars in damage.

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1. Page 56 - What does the term fair and equitable mean? ______________________________________________________________________________________________________________________________________

2. Page 56 - What is one of the fundamental principles of justice in Canada and other democratic countries? ______________________________________________________________________________________________________________________________________

3. Opinion - In what ways does crime has a negative effect on quality of life? ______________________________________________________________________________________________________________________________________ ______________________________________________________________________________________________________________________________________

4. Opinion - What would happen to society without justice? ______________________________________________________________________________________________________________________________________

5. Page 57 - Why does the statue of justice is blindfolded and holds a balance? ______________________________________________________________________________________________________________________________________

6. Page 61 - When you get caught breaking the law who begins to make choices about what happens to you? ______________________________________________________________________________________________________________________________________

7. Page 62 - What is the role of a Youth Justice Committee? ______________________________________________________________________________________________________________________________________ ______________________________________________________________________________________________________________________________________

8. Page 62 - What consequences did the young offender in the cartoon have to face? ______________________________________________________________________________________________________________________________________

How are youth justice and adult justice different in Canada?

9. Page 64 - What five aspects of the YCJA are mentioned on? ______________________________________________________________________________________________________________________________________ ______________________________________________________________________________________________________________________________________ ______________________________________________________________________________________________________________________________________

10. Page 67 - Before the Youth Criminal Justice Act every young person who broke the law was charged and went to court. What problems did this create? ______________________________________________________________________________________________________________________________________ ______________________________________________________________________________________________________________________________________

What consequences do young people face when they break the law? 11. Page 66 & 67 - From the chart, list all of the people who may be involved as the

result of a youth criminal act. ______________________________________________________________________________________________________________________________________

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12. Page 69 - Why does Anne McLellan say that young people, up to a certain age, should not be treated as adults? ______________________________________________________________________________________________________________________________________

13. Page 69 - According to Anne McLellan how can young people get involved with youth justice? ______________________________________________________________________________________________________________________________________

What are the objectives of the YCJA? Are the consequences for young offenders appropriate? 14. Page 71 - What do statistics say about how often young offenders get into trouble

and the age at which they first break the law? ______________________________________________________________________________________________________________________________________

15. Page 72 - What two changes to the YCJA were proposed in February 2007? ______________________________________________________________________________________________________________________________________ ______________________________________________________________________________________________________________________________________

16. Page 72 - What change to the YCJA did Conservative minister of Justice Vic Toews propose to "crack down on crime"? ______________________________________________________________________________________________________________________________________

17. Page 72 - What facts regarding Aboriginal young offenders did Canada's Correctional Investigator find? ______________________________________________________________________________________________________________________________________ ______________________________________________________________________________________________________________________________________

18. Page 73 - What makes youth justice fair in Mr. Graham Long's opinion? ______________________________________________________________________________________________________________________________________ ______________________________________________________________________________________________________________________________________

19. Page 73 - What two opposing issues are seen in the abbreviated version of an editorial from the Edmonton Journal in July 2007? ______________________________________________________________________________________________________________________________________ ______________________________________________________________________________________________________________________________________

20. Page 74 - In the cartoon, what do the jail and the young person represent? ______________________________________________________________________________________________________________________________________

21. Page 74 - What situation does the cartoon show? ______________________________________________________________________________________________________________________________________

22. Page 74 - What is the main idea or point the artist is communicating? ______________________________________________________________________________________________________________________________________

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What role do Canadian citizens’ play in the fairness and equity of Canada’s justice system for youth? 23. Page 79 - What is a jury?

______________________________________________________________________________________________________________________________________ ______________________________________________________________________________________________________________________________________

24. Page 79 - What must you do if chosen to serve on a jury? ______________________________________________________________________________________________________________________________________

25. Page 79 - How can some people be excused from jury duty? ______________________________________________________________________________________________________________________________________

26. Page 80 - How many people may be called for jury duty even though only 12 are needed? ______________________________________________________________________________________________________________________________________

27. Page 80 - Why is the accused shown to all-prospective jury members? ______________________________________________________________________________________________________________________________________

28. Page 80 - Who decides which prospective jurors will make up the final jury? ______________________________________________________________________________________________________________________________________

29. Page 81 - In what ways does the court try to ensure that a sequestered jury does not have contact with the outside world? ______________________________________________________________________________________________________________________________________ ______________________________________________________________________________________________________________________________________

30. Page 81 - 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?

______________________________________________________________________________________________________________________________________ ______________________________________________________________________________________________________________________________________

What do justice advocacy groups do? 31. Page 82 & 83 - How are the two major citizen-led organizations, John Howard

Society and Elizabeth Fry Society, involved in the justice system? ______________________________________________________________________________________________________________________________________ ______________________________________________________________________________________________________________________________________ ______________________________________________________________________________________________________________________________________

32. Page 82 & 83 - In what way are the Elizabeth Fry and John Howard Societies different?

______________________________________________________________________________________________________________________________________ ______________________________________________________________________________________________________________________________________

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33. Page 82 & 83 - What fundamental things would Brad Odsen of the John Howard Society like to see government focus on instead of simply passing harsher laws? ______________________________________________________________________________________________________________________________________ ______________________________________________________________________________________________________________________________________

What role do Elders have in the justice system? 34. Page 84 - What are sentencing circles?

______________________________________________________________________________________________________________________________________ ______________________________________________________________________________________________________________________________________

Activity 4: Sentencing Circle Jason Ross has been found guilty of stealing a car and driving it dangerously. He crashed it while being pursued by the police. His girlfriend, Beverley, who was injured, has also been found guilty of being an accessory to the crime. Jason has admitted to the crime and now the sentencing circle must reach a decision about his sentence. In your group, each of you has a role to play. As a group you must decide what will be Jason’s sentence. Remember to take into account the Scope and Principle of the YCJA as found in a earlier section of this work booklet. Justify your answer using all the information you have learned thus far about the YCJA.

1. Sam/ Samantha Jones 2. Beverley Johnson

You are the judge in this case. You know that Jason could qualify for a custodial sentence, especially since this is not his first offence, and his girlfriend, a minor was injured. You chair the meeting, hearing from everyone in turn, but leaving Jason until the end.

You are Beverley Johnson – 17 years old, Jason’s girlfriend, employed in a department store. You have admitted to helping him steal the car and being a willing accomplice. You were in the passenger seat, and received cuts to your face and a broken jaw.

3. Joe/Josephine Ross 4. Robert/Roberta Johnson

Jo Ross is Jason’s parent. Jason lives with you. You are very worried about him and want him to stop stealing cars. You think that Beverly is a bad influence on him

You are Beverley’s parent. You blame Jason for injuries your daughter has sustained and want him to receive a harsh punishment to get him away from Beverley.

5. Patrick/Patricia Adams 6. Officer Steel

You are Pat Adams, the owner of the car, which you bought very recently. It was your pride and joy. You only had third party insurance so the insurance company will not pay for the damages.

You are the police officer who pursued Jason after the report of the theft by Pat, the owner of the car. You had to assist at the scene of the crash and called the ambulance for Beverley.

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7. Ashley French 8. Ronnie Humphries

You are Jason’s Lawyer. You will argue for a non-custodial sentence because Jason has admitted his guilt.

You are the Crown Prosecutor. You will stress Jason’s previous record and the need to deter him from more crimes.

9. Rehan/Rehanna Subham 10. Mac/Mackenzie Roberts You are a witness. You saw the car being driven erratically and you witnessed the crash. It was terrifying and you have nightmares about the car crashing with you in it instead of Beverley.

You are a neighbour to both victim and perpetrator and are fed up with the crime in the inner city neighborhood. You know that Jason is the ringleader of a local gang. You want to make an example of him.

11. Alexander/Alexandra Brown 12. Guy/Guylaine Lafleur

You are Alex Brown, Beverley’s employer. You have come to the meeting to say that she is a good worker, liked and trusted by her work colleagues and she gets on well with customers in the department store where she works.

Guy is a local youth group leader working in the inner city. Jason had helped to repair a run down community centre a few months back, and had helped teach some younger kids to play basketball but then he stopped coming to the centre. Guy has not seen Jason for the past 8 weeks.

In 4-5 sentences, explain your group’s decision. __________________________________________________________________________________________________________________________________________________________________________________________________________________ __________________________________________________________________________________________________________________________________________________________________________________________________________________ __________________________________________________________________________________________________________________________________________________________________________________________________________________

Chapter 2 - Formative Assessment 1

Poor (P) 2

Limited (L) 3

Satisfactory (S) 4

Proficient (Pf) 5

Excellent (E) Student did not demonstrate understanding of the concept.

Student has enough understanding of the concept to make a reasonable attempt.

With minimal guidance, student can demonstrate an understanding of the concept.

Consistently and independently, student demonstrates an understanding of the concept.

Student understands the concept within and among the intra and inter disciplinary contexts.

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Should the justice system be harder on youths who commit crimes? Summative Assessment

With a partner, or individually, you will create a PowerPoint presentation. Your presentation will be between 20 and 30 slides long. In order to give a comprehensive response to the main question of this summative assessment, you need to address four key questions.

1. How did the Youth Criminal Justice Act come to be? 2. Who plays a role in the Youth Criminal Justice Act? 3. How does the Youth Criminal Justice Act treat youth? 4. What changes would you make to the Act?

Your project will be evaluated on how well you address each of these questions.

Category 4 3 2 1 Main

Question Should the

justice system be harder on youths who

commit crimes?

An in-depth answer is given for the main question, with much supporting evidence

provided in answering the 4 Key Questions.

The main question is answered

completely , with supporting

evidence provided in answering the 4

Key Questions.

The main question is answered in a

simplistic manner, with some supporting

evidence provided in answering the 4

Key Questions.

The main question is answered

incompletely, with no supporting

evidence given.

Key Question 1 How did the

YCJA come to be?

Information clearly relates to the main

question. It includes several supporting

details and/or examples.


question. It provides 1-2

supporting details and/or examples.


question. No details and/or examples are

given.

Information has little or nothing to do with the main

question.

Key Question 2 Who plays a

role in the YCJA?









given.


question.

Key Question 3 How does the

YCJA treat youth?









given.


question.

Key Question 4

What changes would you make

to the YCJA?









given.


question.

Readability

The overall appearance of the

presentation is pleasing and easy

to read.

The overall appearance of the

presentation is somewhat pleasing and easy to read.

The presentation is relatively readable.

The presentation is difficult to read.

TOTAL /24

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Peer Work Group Evaluation Forms Directions In the space below, evaluate the work of other student in your group by answering yes or no and by using a scale from 1 to 3.

Evaluator’s Name: ________________ Group Member: __________________

1. Did this group member complete his/her assigned tasks for the group?

YES NO

2. How would you rate the quality of this person’s work?

1 = poor 2 = average 3 = above average

3. How would you rate the timeliness of the completion of the work?


4. How would you rate the accuracy of the work?


5. Overall, how would you rank this group member’s performance in the group?


6. Would you work with this person again? Explain why in the space below.

YES NO

________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

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