DAY 89 & 90(June 20) Exam Review

All of you have the exam review sheets that I handed out last week.  Also, you received updated marks today - I'm proud of everyone's achievements in here, way to go!!!

 Exam Review

·        Earliest sets of written laws - Code of Hammurabi, Mosaic Law, Roman Law, Justinian's Code, Magna Carta, Napoleonic Code, Geneva, UNDHR

·        Precedents in court proceedings - similar fact cases must be judged similarly - often a precedent setting case changes laws.

·        How are laws created in Canada, in particular what happens in the House of Commons? - our elected officials modify laws, create laws. 

·        There are some defences to negligence cases including 

voluntary assumption of risk - reasonable people assume some risk involved with certain activities, e.g. sports, attending events

inevitable accident - "act of God"

·        What are hybrid, indictable, and summary criminal offences? 

Indictable - most serious type of offence, you'll likely see a judge before you're released.

Summary - least serious, no need to see a judge, probably a fine, ticket

Hybrid - can be charged as indictable or summary - the Crown decides, often on the advice of the police.

·        What are examples of each type of criminal offence? 

Crimes against people - various levels of assault, various levels of homicide.

Crimes against property - fraud, theft, break and enter, nuisance (vandalism), arson, 

Crimes against public morals - activities around prostitution, gambling, narcotics.

·        What are your rights upon arrest as outlined in the Charter of Rights, s. 10?

Informed of why you're under arrest.

Get a lawyer and be told that you can have a lawyer.

Habeas corpus - get bail if you're not a further threat.

Innocent until Proven Guilty.

Notably, you do NOT have the right to remain silent (in the USA you have that right).

·        What are some examples of the goals of sentencing?

Rehabilitation - to rehabilitate the criminal

General Deterrence - to convince, deter etc. the general public from committing similar crimes.

Specific Deterrence - to convince, deter the criminal him/herself from committing similar crimes.

To note, Youth Criminals - the emphasis is always on rehabilitation.

·        What are some sentences for the various types of homicides?

 1^st Degree Murder is Life in Prison with no parole for 25 years.  Usually people are eligible to apply for parole after 1/3 of their sentence has been served.

·        What are and when can an accused use these defences to a criminal offence.            

·        Mental Illness - for severe crimes only (generally murder)

·        Alibi - to prove you were somewhere else during a crime, and therefore cannot possibly have done it.

·        Insanity - no longer a defence in Canada, it's now called Mental Illness.

·        Automatism - e.g. sleep-walking. When a person is unable to control their own action.

·           Entrapment - when the police help or encourage a person to commit a crime.

·           Duress - generally when someone is threatened with severe harm at the time (or very close to it) he/she commits the criminal act. 

·           Consent - often used in fights, sports violence, sexual crimes - it's when an accused says that the victim actually consented to the violence.

·           Double Jeopardy - once acquitted or convicted of a crime, you cannot be charged against for the same crime.

·        TORT law includes what other areas of law?  

·        Exactly what elements are considered in an action of Intentional Tort - 

- Intentional Tort (harm)

- Injury - real harm (serious) occurred

- Causation - the intent to harm and the actions take resulted in the harm claimed

- Damages - harm can be compensated for with $$

What must be proven to prove a negligence claim? 

- Negligence, insufficient care was taken by the defendant

- Causation - the negligence action or inaction resulted in the harm/damages claimed

- Damages - actual loss or harm or damages that can be compensated for with $$

- Duty of Care - does the defendant owe the victim an obligation to exercise care to prevent the harm actually done.

Standard of Care - what a reasonable person would expect for the level of care owed to the victim.

·   Under the Youth Criminal Justice Act, what rights to privacy do offenders have?

- Unless a serious offence, youth criminals' identities cannot be published.  This is to enhance their chances of rehabilitation and to limit the other damaging effects of being a criminal, e.g. work, family, education. 

Part 2

TWO short answer questions regarding cases that are presented to you.  They are each worth 15 marks (of a 90 mark exam) and involve the following parts of law:

1.  Extenuating circumstances surrounding a murder trial.  What may judges consider when sentencing convicted murderers?
Elements of a Crime - 
Actus Reus - criminal action ("guilty action")
Mens Rea - criminal intent ("guilty mind")

Conditions for a Crime -
1. Society considers the action/behaviour to be immoral or wrong. 
2. The action must cause harm to the victims or society in general. 
3. The harm must be severe in nature.
4. The criminal justice system is an appropriate way to punish the criminal.


Defenses - 
Consider for this case the defenses of automatism and duress.

Early in the course we looked at three different ways (philosophies) of dealing with the law.
Natural Law - in the natural world circumstances will often dictate the outcome of a situation.  e.g. if you are stuck in a cave for a month, you'll probably die of dehydration or starvation.  For some people God plays a role and for them it's quite natural.

Positivist - this is when the "letter of the law" is the only thing considered, where actions and consequences are considered in either/or fashion, "black or white".  Outside circumstances are not considered.


Realist - this is where all circumstances, including natural law circumstances, are considered when judging a case.  Things like motivations for actions and wider implications of sentencing (e.g. no mom/dad at home with kids if mom/dad are in jail) are considered.

2.  When a person is contracted to commit an illegal act and it goes horribly wrong with consequences and injuries to others far beyond what was originally intended, what legal steps should the police and the judicial system take to bring the perpetrators to justice?  

In a case like this, you should consider the circumstances as listed for Question 1 above, but for defences you might consider Mistake (but that's very weak).

Part 3

For the long answer essay question I provide you with a short reading about a case.  You are to comment on the reading using, primarily, supporting evidence from the Canadian Charter of Rights and Freedoms.  You should review it so that you are familiar with it – I will provide you with a copy for the exam so you do NOT need to memorize it.

For this question you should make a skeleton outline before writing.  In your outline list:
EXACTLY which parts of the Charter apply.
EXACTLY which parts of Criminal Law apply.
Then do a short outline of each paragraph including the intro and conclusion - do this will dot jots of the main points you'll raise INCLUDING the parts of law (Charter or Criminal Code) that apply.

An Intro should INCLUDE the points of law that you'll be using AND it should include the opinion that you will be proving.

Each body paragraph should have a topic sentence (the point you'll be making), proof (points of law), discussion and then the last sentence should connect the paragraph DIRECTLY with one of the points in your introduction.

Conclusion should sum up the points your made and it should have a final statement connecting the body of your paper to the introduction (your opinion).

DAY 86 (June 15) Summative Turning Points

Turning Points:

• Jan decides NOT to take the case because there's no-one to sue with deep enough pockets to pay a reasonable settlement.
• After his second speeding ticket, Jan walks and sees W.R. Grace and Beatrice trucks at the work site - he's found his deep pockets.
• Hire a large team to investigate and gather evidence with a warrant to search.
• History of the deaths and sickeness in the town - "cluster".
• Offers of settlement, e.g. $25M, $20M, $8M.
• The "swimming pool".
• Judge's questions .  Thatcher (Beatrice) was free, Cheeseman (Grace) still in.
• Trial - settlement out of court.  Grace = $8M
• Environmental Protection Agency takes on the case = $69M settlement out of court, both factories torn down.

DAY 83 (June 10) Defences for Negligence

You first redid the quiz on  all of the elements of Negligence and Intentional Torts.  Because these ideas (the elements) are elemental to (ha, sorry about that, it means that they are the basis for) Tort Law you really need to know them well.

Defences to Negligence

Contributory Negligence - at one time society felt that if someone contributed in any way to an accident that they should NOT be able to claim damages - seems a little harsh today, though.  So now, if the plaintiff and the defendant are both negligent to some degree then damages are divided between them.

A judge will decide the proportion of negligence for each party and damages are assigned accordingly.  For example, a judge finds one driver 75% at fault for driving too fast.  The judge finds the other driver 25% for not stopping fully at a stop sign and for not wearing a seat belt.

Voluntary Assumption of Risk - this assumes that reasonable people understand that some risks are associated with certain activities.  Defendants must prove that plaintiffs knew the risk involved in their actions and chose to assume that risk.  Things like scuba-diving, sky-diving, playing contact sports, etc. have inherent risks. 

Also, if you get into a car with a drunk driver, and you KNOW the driver is drunk, and an accident occurs and you get hurt - the judge may reduce the damages awarded to you based on the fact that you assumed a risk by riding with a drunk driver.

Inevitable Accident -  sometimes called, "Act of God", certain accidents happen that are really no person's fault.  Examples include lightning strikes, high winds, hail.  If a tornado picks up a tree and it falls into your path when you're driving and you drive into the ditch to avoid it, you really can't blame anyone.

 Vicarious Liability - when a person is held responsible for the actions of someone else.  For example, society expects that people who own cars will protect society by loaning the car out only to responsible people.  So if you loan your car to someone who crashes it, you may be partly responsible, e.g. my friend's dad's insurance company paid damages to me as the passenger in the car.

This concept applies to the workplace too - the owners of a company may be liable for the safety of their workers and the public who buys their products.

Host Liability - this is a new area of tort law where commercial and social hosts (homes, restaurants, bars) where alcohol is served are being held responsible for guests who drive away drunk and cause accidents.

Commercial Hosts are especially liable for drunk guests, mostly because they supplied the alcohol that got the patrons drunk.  Commercial hosts have to follow these rules to reduce liability:
1. Train servers to recognize drunk patrons.
2. Monitor patrons' consumption of alcohol
3. Do not serve drunk guests
4. Ensure a designated driver or taxi ride is available for drunk patrons.
5. Call friends or family to get the drunk home safetly.
6. Take away the patron's keys.
7. Call the police if they try to drive.

Social Hosts - tbcontinued . . . .

DAY 78 (June 3) Small Claims Court and Civil Law Intro.

We started our study of Civil Law with a look at Small Claims court - a short video and discussion based on this handout: Setting the Stage for Small Claims Court.

Then I took everyone through and Introduction to Torts and Negligence and here are the highlights:

Torts/Personal Injury – Overview

The word “Tort” comes from the French world for “Wrong.”  The primary aim of tort law is to provide relief for damages incurred and deter others from committing the same harms.
 
Torts are civil wrongs that result in an injury or harm and constitute the basis for a claim and lawsuit by the injured party.
 
The types of damages the injured party may recover are:

• loss of earning capacity
• pain and suffering
• reasonable medical expenses

 
Specific torts include acts such as:

• Trespass
• Assault
• Battery
• Negligence
• Producing faulty products
• Intentional infliction of emotional distress
• Defamation of character

 
Tort law determines when the person who causes the harm must pay compensation to the person who suffers it.  Personal injury law encompasses all types of physical and psychological injuries such as injuries arising from:

• motor vehicle accidents
• occupier's liability claims
• public liability claims
• negligence of school boards
• product liability claims
• catastrophic loss claims such as accidents resulting in paraplegia.

 
The Tort of Negligence is when harm occurs as a result of an individual, who is under a duty, fails to meet a standard of care imposed by that duty through an act or omission.
 
In general terms, Intentional Torts are any intentional acts that are reasonably foreseeable to cause harm to an individual and do so.
 
 

ELEMENTS OF THE TORT OF NEGLIGENCE

 1. NEGLIGENCE

Insufficient care; what a reasonable person should have done to protect the plaintiff

2. CAUSATION

Negligence must in fact be a cause of the damages complained of

3. DAMAGES

Actual loss or damage of a type recognized by law (usually a monetary loss)

4. DUTY OF CARE

An obligation by defendant to exercise sufficient care towards the plaintiff

5. STANDARD OF CARE

It is appropriate to hold the defendant liable based upon their expected standard of care owed to the plaintiff

 

ELEMENTS OF AN INTENTIONAL TORT

 

1.  INTENTIONAL TORT

The action resulting in the harm was intentional or voluntary

2. INJURY

The action must have caused harm or injury to the plaintiff

3. CAUSATION

The Tort was in fact the cause of the harm or injury

4. DAMAGES

The injury caused harm that can be rectified by (usually) a monetary payment to return the plaintiff to their position before the injury.

DAY 77 (June 2) Last Day to Work on Legal Brief Case Study

This was a good last day to spend tweaking your projects as we had a shortened class to accommodate locker cleanouts.  So, we spent the period in the Library perfecting your Legal Brief Case Studies - excellent work everyone!  I have most of them submitted to me now - if you haven't submitted yet please do so soon.

DAY 76 (June 1) We Welcome Community Officer Rob!

Today we had the pleasure of welcoming Community Officer Rob into our classroom and he kept us entertained with a very lively discussion about all things related to policing.  He also addressed our questions that I reposted yesterday.

We had a great time and it's obvious that Officer Rob is very comfortable in front of a class, a natural fit as he was a classroom teacher for many years before taking up policing.

DAY 75 (May 31) Test Day!

Almost everyone wrote the Criminal Law Test today.

Tomorrow - reminder that Community Officer Rob will be with us to discuss all sorts of things related to policing and legal issues.  I've reposted your questions from last week here as a reminder to everyone.

1. How big a problem are Prohibited Weapons in Halton?

2. What's your role at Acton HS?

3. Are there quotas for issuing things like speeding tickets?

4. What the best "police story" that you have?

5. Have you ever had your evidence thrown out thus destroying your case?

6. What are the rules around using or pulling out your weapon?

7. Have you ever had to use one of your weapons (especially your gun)?

8. What types of crimes involving very young offenders do you deal with?

9. How have you handled people resisting arrest?

10.  Tell us about Tazers.

11. Why is policing for you?

12. Are you tested for drugs?

DAY 74 (May 30) Legal Brief Lab Work on Good Copy

The Title for today says it all - we're in the Library Lab.

Many of you completed your work, as assigned today, and you've sent me your work or links to your Google Docs/Presentations etc.   These are due - please have them into me before class on Thursday.

Heads-Up Reminder of our Test on Criminal Law which is tomorrow during class.  Please see the review work on previous days' posts here.

Wednesday will be Community Officer Rob's visit to us so I'll forward the Questions that you came up with earlier so that he's come into our class well prepared.  And if you think of any other issues you would like addressed on Wednesday don't hesitate to run them by me or email me or just ask on Wednesday.

DAY 73 (May 27) Legal Brief - change in schedule

Today is the Talent Show so our classes are shortened.  This is your second day for working on the point form note-taking for your Legal Brief assignment.  Many of you submitted your work today at the end of class and I'll return my comments to you on Monday in order for you to complete the good copy in the lab on Monday.

Those of you who haven't yet given me your rough work can do so on Monday if you would like my feedback before your begin your final work on this.

DAY 72 (May 26) Legal Brief Assignment

Here's the assignment I handed out yesterday, "Legal Brief".  And here's the Legal Brief Marking Scheme for it.

Because of a change in schedule for Friday we'll do the point form work in class on Thursday and Friday and the lab part (Final Product) on Monday, then we'll have our test on Tuesday.

Most people worked fairly well on this today and everyone should be able to finish tomorrow (Friday) so that I can mark and comment on your work on the weekend, returning ready for your final product on Monday.

DAY 71 (May 25) Change of Plan - Finish Review & Start Case Studies

We will finish the review and I'll add the notes to yesterday's blog to keep all the review together.

I'll keep your questions for Community Officer Rob below and then repost them on the day that he does come to class.

After completing the review today, I distributed your next assignment, "Creating a Legal Brief".  See tomorrow's post for full details.

Each year we have our Community Officer visit to discuss policing as a career and to discuss some finer points of criminal law that the police tend to deal with regularly.  To pre-prepare here are some questions:

1. How big a problem are Prohibited Weapons in Halton?

2. What's your role at Acton HS?

3. Are there quotas for issuing things like speeding tickets?

4. What the best "police story" that you have?

5. Have you ever had your evidence thrown out thus destroying your case?

6. What are the rules around using or pulling out your weapon?

7. Have you ever had to use one of your weapons (especially your gun)?

8. What types of crimes involving very young offenders do you deal with?

9. How have you handled people resisting arrest?

10.  Tell us about Tazers.

11. Why is policing for you?

12. Are you tested for drugs?

DAY 70 (May 24) Test Review and Officer in the Classroom Questions

Your test on FRIDAY will be on Criminal Law and it will be similar to your last test (Intro, Human Rights).

Chapter 4
Criminal Law deals with offenses against society.  That's why the charge will always be R. vs. Smith (e.g.), the "R." stands for "Regina", or "The Queen".

Criminal Law seeks to punish and rehabilitate offenders, keeps the peace, protects people and property.

Criminal Law is the federal government's responsibility.

Some activities, like drinking in public, traffic violations, etc. can be municipal or provincial matters but they are not criminalized.

Summary Conviction offenses are minor criminal offenses (called "misdemeanors in the USA).

Indictable offenses are the more serious offenses (called "felony" crimes in the USA).

Hybrid offenses can be charged as either summary or indictable.

The Crown must prove its case beyond a reasonable doubt.

Actus reus (the criminal action) and Mens Rea (the criminal intent, guilty mind) must BOTH be proven against an accused to get a conviction.

The Superior Court of each province has a trial division and appeal division for important criminal cases.  The courthouse in Toronto that we visited is the Superior Court of Ontario.

The Supreme Court of Canada hears appeals on points of law, whether our existing laws adhere to the Charter of Rights and Freedoms.  They will also have a final say on points of law from appeals courts from across the country.

Overall Main Points of Chapter 4:
1. What is a crime and how is it dealt with in Canadian Society?
A Crime is an action that:
   a. is considered against the values of Canadian Society.
   b. causes harm to people or property.
   c. the harm caused is serious in nature and degree.
   d. using the criminal justice system against the perpetrators will help deter them (and others) from repeating similar actions.

2. Explain the types of criminal offenses.

Summary, Indictable, Hybrid. please explain each.

3. Distinguish between actus reus and mens rea using examples.

You should have a look at the cases in the chapter and at the review (pp. 142-143) for some interesting ideas and cases.

Chapter 5

The Police are there to serve and protect the public by enforcing the law, especially the Criminal Code.

To arrest someone, the police must have reasonable and probable grounds.

The police can use as much force as is necessary to prevent an escape.

The police must advise those under arrest of their rights - listed in the Charter s. 11.  For example, you do not have the right to remain silent in Canada (you may have seen that on American crime shows).

Police must get a search warrant to search private residences.

The main points of Chapter 5 are:

1. What makes an arrest legal?

2. What are the legal rights of the person under arrest?

3. What are the powers of the police to perform legal searches?

Also check the review of the chapter (pp 178-179) and the cases in the chapter.

Chapter 6.

The adversarial system is our system of trial (means that there are two opposing sides, each having the opposite goal - to prove guilty or to prove innocent.

The Crown represents society and they must prove the accused guilty of the offense.

The jury's job is to convict or to acquit based on evidence presented in court.

Both the Crown and the Defense have the opportunity to present witnesses and to question the other side's witnesses.

The judge determines the admissibility of evidence.  The judge also ensures a fair trial for the accused.

The main points of this chapter include:

1. What types of evidence can be accepted in Canadian Courts?

2. Describe our jury selection process.

Also, check the review of the chapter (pp. 214 - 215) for other highlights, and check the chapter cases.

Chapter 7

Describe the various types of homicide in Canada. 

1st Degree, 2nd Degree, Manslaughter, Infanticide, Negligent Homicide (these are all "culpable" homicides, meaning that there is blame attached, they are not strictly accidents).

There are three categories of assault and sexual assault in Canada, depending upon the severity of the attack.

Arson is the intentional causing of damage by fire.

Identity theft is on the rise and harms thousands each year in Canada.

Fraud is intentionally misleading others for a financial gain.

Weapons are either non-restricted, restricted, or prohibited.

Prostitution is legal in Canada but soliciting and other activities surrounding prostitution are illegal.

Drug laws are in the Criminal Code in the Controlled Drugs and Substances Act.

Impaired Driving is the main criminal cause of death in Canada.

The main points of the chapter are:

1. What are some examples of crimes of violence (against people)?

2. What are some examples of crimes against property?

Check out the Apply Your Learning Section of the Chapter review (p. 260).

Also check the rest of the review and the chapter cases.

Chapter 8

Defenses are the accused's response to the criminal charge.

The Best Defense is an Alibi - proof that the accused was at a different location and could not possibly have committed the crime.

There is a long list of possible defenses to crimes - please review them.

The defense of self defense is acceptable in Canada - a person can use as much force as is necessary to stop the immediate threat against them.

Prolonged abuse is an acceptable defense in Canada.

Please check the chapter review and your notes for more examples of defenses and some good case examples.

Chapter 10 - Youth Criminal Justice Act

April, 2003 (YCJA) - it replaced the Young Offenders Act.

It's part of the criminal code and deals with how we handle youth from the ages of 12 - 17. 

A Child of 11 years or younger is considered too young to be dealt with in the criminal justice system.


The YCJA expands the role of rehabilitation services for youths.

Youths have the same rights as adults under the Charter.  Youths have additional rights under the YCJA. 

Programs of extrajudicial measures and sanctions are designed to deal with youth outside the court system. 

The Supreme Court decided that reasonable grounds must exist before using sniffer dogs in school searches. 

Youths age 14 and up will be tried as adults for serious crimes but they'll be tried in Youth Justice Court.


The names of youths are not to be published.  However, youths aged 14 - 17 who have already been convicted of a serious crime will have their names published.

Sentencing of youth to jail time is a last resort. 

Main points of the YCJA - 

Explain the legal rights of youths upon arrest.

Do you think extrajudicial sanctions and measure are effective?


Outline the sentencing options for judges . . . .

Also, please look at the cases in the chapter and the other review information, pp. 354-355.




Chapter 9 - From Sentencing to Release
Both the Crown and defense can make submissions for sentencing.


Judges use a wide variety of information about the criminal, the crime, and victims when sentencing.


The objectives of sentencing are:
  - hold offenders responsible
  - punish the offender
  - consider victims' needs and concerns
  - impose appropriate measures emphasizing rehabilitation of the criminal
  - protect society
  - to deter the criminal from reoffending  (specific deterrence)
  - to deter the general public from committing similar acts (general deterrence)


Please refer to the rest of the review, pp. 324-325 and refer to the cases in the chapter.

DAY 69 (May 20) Film Fest!

Today, Period 2 was a whole school assembly for the Acton Film Festival put on by Mr. Stark's classes - this is always a great event but it means no Law class today as it's also in Period 2.

Enjoy the long weekend everyone, and please consider starting your review for Criminal Law and the upcoming test by skimming through your notes daily.

DAY 68 (May 19) Sentencing of Offenders

Under the YCJA, there are many options for sentencing including:

Absolute Discharge - for minor crimes only, e.g. shoplifting - it means the youth is guilty but no formal conviction is entered in the record.

Fines - maximum is $1000, judges will always consider the youth's ability to pay.

Compensation - pay the victims for their losses.

Personal and Community Service - in place of money (fines), offenders may be required to "work back" damage, usually in property crimes, like graffiti repair.  This is not used often and cannot be more than 40 hours in a year.

Police and Community Based Programs - Generally in large cities (Toronto, Ottawa, Winnipeg for example) and they often involve police and fire dept. volunteers.

Probation - youths are free (not in jail) but their under the supervision of probation officers who ensure that the youth is following the rules of their probation, e.g. staying off drugs/alcohol, good attendance at school or work, not association with known criminals, follow a curfew, etc.

Jail (Custody) - as a last resort youths can spend time in a youth jail, usually only if their crime is a violent crime and they have failed to comply with earlier sentences.

Open Custody - youths have some access to the community and the youths will live in group homes, residential wilderness camps - youths continue to attend school.

Secure Custody - real jail time is for violent youths with long criminal records and that are still considered a threat to society.

For youth criminals, the important principles of sentencing are:
1. To hold offenders accountable
2. To consider the victims' needs
3. To impose appropriate punishments and to rehabilitate the youth and to protect society.



FROM SENTENCING TO RELEASE

Why Sentence?
Sentencing reflects societal values.

In Canada judges have a lot of leeway in imposing sentencing, i.e. they are able to consider many factors when sentencing - the past history of the criminal, the impact on victims, the Criminal Code, time already spent in jail awaiting trial, etc.

Purposes of Sentencing - appropriate sentencing promotes respect for the law and helps to maintain a just and peaceful society.  When sentencing, judges have to have one of these objectives:

1. Denounce Unlawful Conduct - the crime is condemned from society's point of view.
2. Specific Deterrence - prevent (deter) the criminal from repeating the crime.
3. General Deterrence - send the message to the general public that committing that crime is not acceptable (deter others from committing the crime).
4. Keeping the Offender from Society - to protect society, some criminals need to be kept out of public.
5. Rehabilitation - restoring a person to good mental and moral character.
6. Reparation - to repay in one form or another the harm done to victims.

DAY 67 (May 18) The Rest of YCJA

Today we covered the rest of the YCJA including the following sub-topics  as listed on the hand out, Note Taking Guide for YCJA.

 

Legal Rights of Youths – pp. 334 - 341

1. Outline four choices police have when dealing with a youth who has committed a minor first-time offence.

2. What are extrajudicial sanctions, and when are they used?  What two conditions must be met before a youth offender can participate in an extrajudicial sanctions program?

3. Under the YCJA, what additional rights are available to youths who are arrested?

4. When may a young person be fingerprinted and photographed?

5. What rights and obligations do parents or guardians have when their child is arrested?

Trial Procedures pp. 341 - 345

1. Why do youth court cases usually take less time to try than adult court cases?

2. What is a presumptive offence? List four examples.

3. Why are the identities of youth criminals protected from media publication? Do you agree that this is a good idea?   Why or why not?

4. List three reasons why the YCJA eliminated the transfer of serious crimes to adult court.

5. Why was the case of R. v. D.B. such a significant judgment in the history of youth justice in Canada?

Sentencing of Youths  pp. 345 – 351

1. What are the three principles of youth sentencing?

2. What is the purpose of a pre-sentence report? What kind of information does it contain?

3. What is the most lenient sentence a youth can receive? Why is it the best option for most youths?

4. Using examples, distinguish between open and secure custody.

5. What is the difference between an appeal and a review? What are the purposes of each?