English as a Second Language - PDF

NEW DIRECTIONS IN

YOUTH JUSTICEEnglish as a Second LanguageActivity Guide

Second EditionRevised 2003

NEW DIRECTIONS IN YOUTH JUSTICE: English as a Second LanguageCREDITS

The Law Courts Education Society gratefully acknowledges the financial assistance from theDepartment of Justice Canada, Youth Justice Policy.

Further copies of this booklet can be obtained from: Law Courts Education Society of BCSuite 260 - 800 Hornby StreetVancouver, BC V6Z 2C5Tel: (604) 660-9870 Fax: (604) 775-3476www.lawcourtsed.ca

This resource was prepared by the Law Courts Education Society of BC. The Society gratefully acknowl-edges the teachers who participated in the development and pilot testing of this resource.

Resource Development: Anne Hinkle, June Dragman

Pilot testing: Janet Baron, Okanagan College; Fiona Chin, Vancouver Community College;Jennifer Wash-Marr, Options Unlimited Career Center

The Society is grateful to the following individuals who provided input and suggestions to the text:Rita Buchwitz, Victim Services, Ministry of Attorney General; Anne Kimmitt, Ministry of Children andFamilies; Barb Jackson, Criminal Justice Branch, Ministry of Attorney General

Law Courts Education Society Staff: Evelyn Neaman, Jeni Vlahovic

Content Editing: Marylou Leung, Francesca Lim, Gayla Reid, Karen Davidson, Joan Acosta

Copy Editing: Leslie Dyson

Desktop Design: Tamara MacKenzie

Cover Design: Sung Van Studios

Photo: The Province, p. 13

National Library of Canada Cataloguing in Publication DataMain entry under title:New directions in youth justice : English as a second language activity guide

Running title: New directions in youth justice : adult ESL.ISBN 0-7726-4617-1

1. Law - Study and teaching (Continuing education) - British Columbia. 2. Criminal proce-dure - Study and teaching (Continuing education) - British Columbia. 3. Criminal justice,Administration of - Study and teaching (Continuing education) - British Columbia. 4. Juvenile justice, Administration of - Study and teaching (Continuing education) - BritishColumbia. 6. English language - Study and teaching as a second language (Continuing education) - British Columbia. I. Law Courts Education Society of British Columbia. II. Title: New directions in youth justice :adult ESL.

KEB445.7.L37N48 2001 340'.071'2711 C2001-960237-5KF4208.5.L3N48 2001

Permission is granted to photocopy material for non-commercial classroom use. Rights for all other usesmust be obtained by written permission from the publisher.

Copyright ©Law Courts Education Society of BC, 2001, 2003

Statement of LimitationAny contradiction , dispute or difference between the contents of the resource and the Youth CriminalJustice Act or the Criminal Code of Canada should be resolved only by reference to the most recent con-solidation of the Criminal Code of Canada and the Youth Justice Criminal Act. Provincial or territorialimplementation of policies and programs may vary.

TABLE OF CONTENTS

WHO ARE WE? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ii

TO THE TEACHER . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . iii

NEW DIRECTIONS IN YOUTH JUSTICE

Basics for Teachers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ivBasics for Students . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . viii

New Directions in Youth JusticeHighlights of the New Leglislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . x

Chart: Youth Criminal Justice Act : The Legal Process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . xii

Unit 1 Introduction and Students’Perceptions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

Activity 1: Crime Quiz - How much do you know? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2Answers to Crime Quiz (for students) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

Answers to Crime Quiz (for teachers) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4

Unit 2 Underlying Principles of the Youth Criminal Justice Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

Activity 1: Youth Legislation — Discussion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

Activity 2: Theft From Auto Scenario

Read and Discuss, Writing Activity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

Activity 3: Principles of Youth Criminal Justice ActReading for Details - True or False? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8Victim Impact Statement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9

Activity 4: Vocabulary - Paired Crosswords . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13

Unit 3 Prevention . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15

Activity 1: “Afew hours can save a life”- Article . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16Questions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17

Activity 2: Who Are Young Offenders and How Can We Help? . . . . . . . . . . . . . . . . . . . . . . 18

Activity 3: “Because”/”Although” — Grammar Exercise . . . . . . . . . . . . . . . . . . . . . . . . . . . 19

Unit 4A Meaningful Consequences of Youth Crime: Sentencing . . . . . . . . . . . . . . . . . . . . . . . . . . . 20

Activity 1: Jigsaw Reading - Stories . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21Information Chart . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28

Activity 2: Vocabulary - Key Words . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29

Activity 3: "You be the Judge" — Worksheet Discussion . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30Young Offenders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31

Activity 4: Tenses with "have to"— Grammer Exercise . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32

Unit 4B Victim Involvement in Sentencing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33

Activity 1: Graffiti — Jackie: Victim Impact Sentence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34

Activity 2: Break and Enter — Nelson: Writing Exercise . . . . . . . . . . . . . . . . . . . . . . . . . . . 35

Unit 5 Publication of Names . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36

Activity 1: Publication of Names — Group Discussion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37

Activity 2: Newspaper Reporter — Writing Activity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38

Activity 3: Grammar Exercise - Passives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39

Teacher’s Keys: Answers to Exercises . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40

ii ➤ NEW DIRECTIONS IN YOUTH JUSTICE • ADULT ESL

WHO ARE WE?

The Law Courts Education Society of BC (LCES) provides public

legal education to children, youth and adults across the province.

Our goal is to increase public understanding of the court system

and criminal and civil trial procedures. We believe citizens are

better able to preserve and respect the justice system with greater

knowledge of its operations and goals.

The LCES works with teachers, community educators, schools,

community organizations, service agencies and courthouse

personnel. We are committed to reducing the legal barrier through

ongoing translation projects; Courtlink programs for school

children and youth; and public forums on important legal issues

for the judiciary, legal professionals, educators and the general

public. In the past 10 years, over 500,000 individuals have been

involved in our programs.

In 1999, the LCES received the Irwin Cantor Award for innovative

programming for the culturally sensitive Parenting After Separation

Program for Chinese and South-Asian communities. In 1993, we

received the National Justice Achievement Award from the

National Association of Court Management for innovative work on

immigrant legal issues and again in 1995 for work on programs for

First Nations community groups.

We are an international leader in public legal education. We have

pioneered services for those with special needs, including creating

educational materials for service agencies and other groups dealing

with the needs of mentally challenged individuals. Most recently,

we co-created a series of American Sign Language (ASL) videos for

the Deaf community on the operation of the justice system in

British Columbia.

NEW DIRECTIONS IN YOUTH JUSTICE • ADULT ESL ➤ iii

TO THE TEACHER

This material is designed to help newly-arrived immigrants to

British Columbia understand the new Youth Criminal Justice Act,

which replaces the Young Offenders Act in Canada.

This material has been designed for English as a second language

(ESL) students at a variety of skill levels from Pre-Intermediate to

Upper Intermediate. The information on the Youth Criminal Justice

Act is presented through interactive activities and readings which

are followed by group discussions and writing activities as well as

vocabulary and grammar exercises.

The material is designed to offer flexibility. You may select those

tasks suitable to the students’ levels. For example, you can choose

one of the three different grammar activities or create your own.

Activities may be used in different ways. For example, in Unit 4,

the vocabulary exercise could either be a follow up to the jigsaw

reading task or a pre-teaching activity to the interactive task: "You

be the Judge."

iv ➤ NEW DIRECTIONS IN YOUTH JUSTICE • ADULT ESL

The Federal Government has recently passed the Youth Criminal Justice Act (Act)which will come into force April 2003. The principles of the Youth JusticeRenewal Initiative (Initiative) and what it accomplishes are set out below as wellas a synopsis of the important changes that are part of the new legislation.

Three basic principles of the Youth Criminal Justice Act are to prevent crime byaddressing the circumstances underlying a young person’s offending behaviour,to rehabilitate young persons who commit offences and reintegrate them intosociety and to ensure that a young person is subject to meaningful consequencesfor his or her offence. These principles promote the long term protection of thepublic.

One important point of the new legislation is the distinction between non-violentoffenders and violent offenders and between first-time offenders and repeatoffenders. Sentencing reflects the plan of the government for the community tobecome even more involved in the rehabilitation of the young offenders andtheir reintegration back into the community. This includes more diversion awayfrom the court system by police and the Crown. Community based programswill be an integral and large part of the Initiative. Young people can expectmeaningful consequences to be carried out in the community if they becomeinvolved in crime. Greater involvement of the victim in the process can helpyoung people to be rehabilitated and reintegrated into the community. However,this will depend on the availability of community programs.

British Columbia has been involved in many of these initiatives. In fact, the Actis to some extent, modeled after some B.C. programs that emphasize the notionof restorative justice.

The legislation reserves custody for the most serious and violent offenders orrepeat offenders. The seriousness of the consequences will be closely matched tothe seriousness of the crime. Youth who are found guilty of attempted murder,murder, manslaughter, aggravated sexual assault, or their third serious violentoffence may expect to receive adult sentences. Government services will beimplemented by the provinces to increase the likelihood of rehabilitation whilein custody and also to ensure that, once released, youth are closely supervisedand assisted with their reintegration into society.

Youth Justice Renewal Initiative

This initiative looks beyond the legislation and the present youth justice systemto find ways in which society, as a whole, can address youth crime and its asso-ciated concerns.

Canada’s youth justice system needs to protect society, command respect andfoster values such as accountability and responsibility. It must be made clear toyoung people that criminal behaviour will lead to serious consequences.Changing the present law is not enough. Canadians must support young peopleand help them to avoid criminal involvement in the first place or try to help themturn their lives around so they don’t become involved in crime.

NEW DIRECTIONS IN YOUTH JUSTICEBasics for Teachers

NEW DIRECTIONS IN YOUTH JUSTICE • ADULT ESL ➤ v

The Youth Justice Renewal Initiative examines how society and communities canwork together to address youth crime by looking, not only at the offenders, butalso at the underlying reasons for their involvement in crime.

The Youth Justice Renewal Initiative supports the use of alternatives to the for-mal court process such as diversion programs. Alternatives can involve thewhole community, the person involved, the parents, the teachers, the police andthe victims of the crime. Youth will be held accountable and will see the valuethat the community places on doing something to right the wrong done. Thesealternatives are called "Extrajudicial Measures and Extrajudicial Sanctions" in thenew legislation.

Of course the courts will be used to deal with young offenders who have com-mitted serious offences or young people who are repeat offenders. New andexpanded sentences will apply and more emphasis will be placed on their reha-bilitation and reintegration.

Community-based court ordered sentences will be encouraged, where appropri-ate. A community-based sentence could include restitution, compensation forvictims and restorative approaches, such as participating in a community justiceconference, attendance at rehabilitative programs, community service and com-munity supervision.

Communities will be directly involved with improving the supervision of andthe reintegration of violent or repeat young offenders who are released from cus-tody into the community. The new sentences would provide for close supervi-sion and support in the community and would also include attendance orders;intensive support and supervision orders; and deferred custody and supervisionorders.

One of the goals of this expanded involvement is to promote safer communitiesover the long term.

Youth Criminal Justice ActThis Act forms the backbone to the restructuring of the youth justice system. Thelegislation reinforces the principle that the criminal justice system for young peo-ple is different from the one for adults. It provides a clear direction and it estab-lishes a structure for the application of its principles. It also resolves inconsis-tencies in the present system.

The Act recognizes the role of the victim in community based measures as wellas in the court process, and includes them in the conference process. The victim'sright to information and access to the records of the young offender is estab-lished by the Act.

Key Elements

Principles• Prevent crime by addressing the circumstances underlying a young person’s

behaviour

vi ➤ NEW DIRECTIONS IN YOUTH JUSTICE • ADULT ESL

• Rehabilitate and reintegrate young people who commit offences into society• Ensure that a young person is subject to meaningful consequences for his or her

offenceThese principles promote the long term protection of the public.

SentencingSentencing should re i n f o rce respect for societal values, encourage the repair of harmdone to victims and the community, be meaningful for the individual young personand respect the special circumstances of that young person.• Encourages having fewer young people in the formal justice system and having

fewer custodial sentences given for less serious off e n c e s• C reates more options for police and Crown discretion before or during the formal

court process. The police and Crown are given statutory authority to re f e r, cau-tion and warn young people

• " C o n f e rencing" is encouraged where possible to allow the youth to be a partici-pant in a process with victims, family members and others to learn about the con-sequences of his or her misbehaviour and to develop ways to make amends.C o n f e rences may be convened by the police, the pro s e c u t o r, or the judge.

• New sentencing options like a reprimand and intensive support and supervisionencourage non-custodial sentences where appropriate and support re i n t e g r a t i o n

• Wider range of sentencing options to repair harm done• Encourages community-based referrals to deal with less serious off e n c e s• P rovides a clear, consistent and coherent code for youth sentences in order to

reflect a fairer approach to sentencing• Purpose of sentencing is to hold a youth accountable for the offence committed by

imposing meaningful consequences and promoting the rehabilitation and re i n t e-gration of the youth thereby contributing to the long-term protection of the pub-l i c

• Punishment imposed must not be greater than the punishment that would begiven to an adult in similar circ u m s t a n c e s

• Punishment for the same offence, imposed in a region, in similar circ u m s t a n c e sshould be the same for all youth. The A c t c reates a framework to accomplish this

• P rovides that all proceedings against a youth take place in youth court where age-a p p ropriate due process protections apply. Ahearing on the appropriateness of anadult sentence will only occur after a finding of guilt and all the evidence aboutthe offence has been heard. The pro c e d u re will be speedier, retain age-appro p r i-ate due process protections and will be more respectful of the presumption ofi n n o c e n c e .

• P resumption that a youth under the age of 18 will serve an adult sentence in ayouth facility

• Allows courts to impose adult sentences upon conviction if criteria are met• P resumes that adult sentences will be given to young people 14 and older who are

found guilty of murd e r, attempted murd e r, manslaughter, aggravated sexualassault or who are repeat, serious violent offenders, or who have committed ano ffence for which an adult could receive more than two years in jail. The age limitfor the presumption of adult sentences may vary from age 14 to 16 depending onthe choice of the province or territory.

• C reates a new intensive rehabilitative custody and conditional supervision sen-tence (IRCS) for the most violent, high-risk young offenders so that they can getthe treatment they need as an alternative to being given an adult sentence. Subjectto consent of the Provincial Director for the Ministry of Children and Families.

NEW DIRECTIONS IN YOUTH JUSTICE • ADULT ESL ➤ vii

Custody and ReintegrationYoung people are more likely than adults to be rehabilitated and to become law-abiding citizens. The Act:• Requires that youth be held separately from adults to reduce the risk that they

will be exposed to adult offenders• Requires that all periods of custody be followed by a period of supervision

and support in the community to ensure that the youth is closely monitoredand that s/he is receiving necessary treatment

• Requires the judge to state in court the portion of time to be spent in custodyand the portion of time to be served in the community

• Requires conditions to be imposed on periods of supervision and a reintegra-tion plan for each youth

• States that a youth who breaches the conditions of community supervisioncould be returned to custody

• Gives flexibility to the provinces when determining the level of security forcustody and when to move the young offender who has reach the age of adult-hood while in custody to an adult facility

• Encourages continuity between the custody and the community portions ofthe sentence through increased reintegration planning throughout the wholesentence

• Encourages the community and community agencies to participate in and totake an active role in the reintegration of young offenders

Publication and RecordsThe Act strives for a balance between transparency in the justice system and theneed for young people to be protected from negative publicity during their reha-bilitation. Publication of names will be allowed when:• A youth receives an adult sentence• When a youth receives a youth sentence for murder, attempted murder,

manslaughter, aggravated sexual assault, or has a pattern of convictions forserious violent offences unless the judge rules otherwise

• It is necessary to apprehend a young offender, under court order, who is atlarge and is a danger to others

• Is permitted only after the young person has been found guilty.

Non-Court Responses: Extrajudicial MeasuresBy Police: taking no further action

warningcautionreferral to a community based agency

By Crown: warningExtrajudicial Sanctions referral to a community based agency

For more information look on the website www.lawcourtsed.ca

viii ➤ NEW DIRECTIONS IN YOUTH JUSTICE • ADULT ESL

I n t r o d u c t i o n : The Youth Criminal Justice Act applies to young people who are 12-17years old. Offenders are re f e r red to as "young persons". The overall purpose of theA c t is to make the public feel safe. Young people must be accountable for theiractions which means that they must face the consequences for their wro n g - d o i n g s .The consequence for the crime must be proportionate to the seriousness of the crime.That means that more serious crimes should have more serious consequences.

Principles of the A c t• P revent crime by addressing the circumstances underlying a young person’s

b e h a v i o u r• Rehabilitate and reintegrate young people who commit offences into society• E n s u re that a young person is subject to meaningful consequences for his or her

o ff e n c e

These principles promote the long term protection of the public.

What Does the New Law Do?: The Youth Criminal Justice Act establishes a fair ande ffective youth justice system. Serious and repeat offenders will be dealt with mores e v e re l y. There are many choices or options in sentencing. Victims, parents and thecommunity are encouraged to become involved in the process whether it is in courtor not.

Legal Rights: The accused youth has all the extra pro t e c t i o n sunder the law such as the right to remain silent, the right to knowthe reason for arrest and the right to retain legal counsel. Theyouth is entitled to legal counsel at arrest, at trial and when a sanc-tion is being used. As well, a youth is entitled to have an adult orp a rent present when being questioned by the police. Youth canalso waive their rights under the A c t.

Violent and Repeat Off e n d e r s : Serious violent crimes occur when someone getshurt as a result of a crime or if there is a serious risk of someone being hurt. Forexample, a robbery in which no one was injured could be considered "violent" if agun, or even a replica of a gun, was used as a threat. A youth is a "repeat off e n d e r "if s/he has committed a crime before. An adult sentence can be given to a youth14–17 years old if that person has been convicted of one of four serious violento ffences or if the youth has a pattern of convictions for violent offences, or if theo ffence is one for which an adult could receive more than two years in jail. Thismeans that when a youth (14, 15, 16 or older) commits attempted murd e r, murd e r,m a n s l a u g h t e r, aggravated sexual assault or a third serious violent offence an adultsentence shall be imposed if the youth is found guilty. The trial is always held inyouth court. The A c t can provide for a sentence that includes special supervision ifthe youth has committed one of the more serious crimes. This special supervision iscalled "intensive rehabilitative custody." The maximum youth sentence in the A c t i sten years for first-degree murd e r, six years served in custody and four years undersupervision. The Youth Criminal Justice Act states that the media may publish thename of a youth who has been convicted of a serious violent crime and has re c e i v e dan adult sentence. If the youth does get an adult sentence for a serious violent crimethen the re c o rds are treated in the same way as if the youth were an adult.

YOUTH CRIMINAL JUSTICE ACTBasics for Students

NEW DIRECTIONS IN YOUTH JUSTICE • ADULT ESL ➤ ix

N o n - Violent Crime and First Time Off e n d e r s : Most youth who commit crimesa re either non-violent or first time offenders. Non-violent and first time off e n d e r swill have a range of options other than going to court such as police warnings orpolice or Crown diversion programs. Extrajudicial Measure s and E x t r a j u d i c i a lS a n c t i o n s may place young people who offend into programs that will help addre s stheir problems and they may also provide an opportunity for restitution to thec o m m u n i t y. If they go to court sentences could include doing something for thevictim to make up for the crime or doing some form of community service.

Custody as a Consequence: Keeping people in custody has been shown not to bethe best approach for rehabilitation. When people are released they might commitfurther crimes because they have not broken their old habits or they have learnedbad habits from other offenders. There f o re, alternatives to custody should be con-s i d e red for youth.

Alternatives to the Formal Court Process: "E x t r a j u d i c i a lM e a s u res and Extrajudicial Sanctions" are designed to solvep roblems and to keep young people out of the court sys-tem by having them take responsibility for their actionsand, where appropriate, take other action such as to apol-ogize, to attend counselling, to make restitution, among others. These extra-judicialm e a s u res and sanctions are often more meaningful and can help the youth focuson repairing the harm done to the victim and to the community.

Restorative Justice: Restorative justice means that those who are involved in acrime - victims, victims' families, youth who offend and the community - areencouraged to reconcile, re s t o re and repair relationships and situations.

R e h a b i l i t a t i o n: Rehabilitation means that young offenders must take steps toa d d ress some of his/her problems. This A c t believes that young people must beheld accountable for their crimes. However, because of their age, young people areless set in their ways and they are more likely to respond to treatment pro g r a m sand to be successfully rehabilitated and become law-abiding citizens. The A c tu n d e r s c o res the importance of rehabilitation programs such as drug and alcoholcounselling, anger management programs and job training.

R e i n t e g r a t i o n: Reintegration means that the youth must learn to fit back intohis/her community. The A c t makes this a priority. All custodial sentences willinclude a period of supervision in the community following the period of custody.Reintegration planning will be re q u i red for all youth in custody. There may besome rules that the youth must follow. The youth may have to attend school, obeya curfew, not associate with certain people, not use drugs or alcohol and attendanger management or drug and alcohol counselling. If these conditions are fol-lowed while the youth is being closely supervised and supported then the youthhas a better chance of not committing a crime again during this critical period.

Consequences of Having a Criminal Record: The convicted youth would have acriminal re c o rd for up to five years after s/he has completed his/her sentence orten years if a violent offence. If s/he commits another offence within that time peri-od then the previous offence could be addressed in court especially in sentencing.Even a "closed" youth re c o rd can be reopened by the court at a later time if moreo ffences are committed. A convicted youth may not be able to travel to anothercountry or secure certain types of employment if they have a re c o rd. What youthneed to realize is that their young offender criminal re c o rd will not automaticallydisappear after they reach the age of 18. These are serious consequences for youth.

x ➤ NEW DIRECTIONS IN YOUTH JUSTICE • ADULT ESL

NEW DIRECTIONS IN YOUTH JUSTICE

HIGHLIGHTS OF THE NEW LEGISLATION

Comparison of:

PRINCIPLE

MEASURESOUTSIDE THECOURT PROCESS

YOUTHSENTENCES

ADULTSENTENCES

Youth Criminal Justice Act

• Has a clear statement of what the Act is aboutand why it exists. The principles include theprotection of society, the prevention of crime,accountability of youth offenders, social values,proportionality of sentences, rehabilitation andreintegration, protection of youth rights andrespect for victims.

• Includes guidance for police, prosecutors, judgesand others at the different stages of the process.

• Creates a presumption that measures other thancourt proceedings should be used for a first,non-violent offence.

• Is clear about why and how to use measures orsanctions as alternatives to the court process.

• Encourages use of extrajudicial measures andextrajudicial sanctions when they are adequateto hold a young person accountable.

• Authorizes the police to use measures such aswarnings, cautions or referrals.

• Authorizes Crown to use measures such ascautions and referrals where the offence is lessserious.

• Authorizes Crown to use extrajudicial sanctionssuch as cautions and referrals where the offenceis more serious or where there is a repeatoffender as long as certain conditions are met.

• Custody reserved for violent or repeat offenders.• Says that the purpose of youth sentences is to

hold youth accountable. Includes otherprinciples, including the importance ofrehabilitation and proportionality in sentencing.

• New options like a reprimand, intensive supportand supervision encourage non-custodialsentences where appropriate and supportreintegration.

• Other new options, such as intensiverehabilitation custody and conditionalsupervision are aimed at helping serious violentoffenders.

• Courts can impose an adult sentence. • The lowest age for an adult sentence is 14.• An adult sentence is presumed to be appropriate

if the youth was 14 or older when he or shecommitted the serious violent crime. Thesecrimes are called presumptive offences andinclude murder, manslaughter, attemptedmurder and aggravated sexual assault.

• A pattern of at least three serious repeat violentoffences or any offence for which an adult couldreceive more than two years in jail are factors inadult sentencing.

• Attorney general seeking an adult sentence mustgive notice to youth before plea and with leaveof the court before trial.

• The Crown can renounce the application of thepresumption of adult sentence. In this case, thejudge who finds the young person guilty has toimpose a youth sentence.

Young Offenders Act

• Contains similar themes butlacks specific principles andguidance at the different stagesof the youth justice process.

• Does not create a presumptionthat other measures than courtproceedings should be used forminor offences.

• Provides less direction on howto use alternative measures tothe court process, and whenthey are appropriate.

• No restriction on use ofcustody.

• Contains no statement of thepurpose of sentencing.

• Has no requirement forcommunity supervisionfollowing custody.

• Does not have the same rangeof sentencing options.

• Requires a court hearing beforeyouth can be transferred toadult court. This can causelengthy delays before trial.

• The courts presume they cangive youth 16 or older an adultsentence if they are convicted ofa serious offence.

• Has no specific provision forconsidering the pattern ofrepeat violent offences but theCrown can request an adultsentence for any offence forwhich an adult could besentenced to more than twoyears in custody.

• The Crown cannot renounce theapplication of the presumptionof an adult sentence.

NEW DIRECTIONS IN YOUTH JUSTICE • ADULT ESL ➤ xi

Comparison of:

PUBLICATION OFOFFENDER’SNAME

VICTIMS

VOLUNTARYSTATEMENTS TOPOLICE

INVOLVINGPARTNERS(CONFERENCES)

CUSTODY ANDREINTEGRATION

Youth Criminal Justice Act

• The youth’s name can be published if the youthgets an adult sentence.

• The youth’s name can be published if the youthgets a youth sentence for a presumptive offence— unless the judge decides otherwise or theCrown decides not to ask for an adult sentence.

• The youth’s name can be published under courtorder if it is necessary to apprehend the youthwho is at large and she or he is a danger to thepublic.

• Permitted only after the young person has beenfound guilty.

• Victims’ concerns are now recognized in theprinciples of the Act.

• Victims have the right to request access to certainyouth records.

• Victims have a role in formal and informalcommunity-based measures for the offender.

• Victims have a right to request informationabout measures or sanctions used for theoffender that do not involve going to court.

• Victims have a right to information aboutproceedings and a right to be given anopportunity to participate and be heard.

• Victim impact statements can be submitted at thetime of sentencing.

• Voluntary statements can be admitted intoevidence, despite technical violations of theprotections for young persons.

• Allows advisory groups or "conferences" toadvise police officers, judges or other decision-makers.

• Conferences may include parents of the youngperson, the victim, community agencies orprofessionals.

• Conferences may advise on appropriate informalmeasures, conditions for release from pre-trialdetention, appropriate sentences and conditions,and reintegration plans.

• The province has more discretion to determinethe level of custody. This may make the systemmore efficient.

• Ensures that all youth with custodial sentenceswill also serve a period of supervision withconditions in the community. Youth can bereturned to custody if they do not keep theseconditions.

• Increases planning for the reintegration of youthand encourages the community to take an activerole in that reintegration.

• A plan for reintegration in the community mustbe prepared for each youth in custody.

• Reintegration leaves may be granted for up to 30days.

Young Offenders Act

• The youth’s name may not bepublished if the youth gets ayouth sentence, even in cases ofrepeat or violent offences. If ayouth is transferred to adultcourt then the name can bepublished.

• Permitted before the youth isfound guilty.

• The principles of the Act do notmention victims.

• Victims must ask for access toyouth records.

• There is no formal recognitionof the victim’s role.

• No right of victims toinformation on alternatemeasures taken.

• Any violation of protectionsmeans the statement cannot beadmitted into evidence.

• There is no similar provision.

• Youth court determines thecustody level at the time itimposes the sentence.

• The decision to transfer a youthto a different custody level ismade by youth court only.

• Youth with custodial sentencesmay also serve a period ofsupervision in the communitywith conditions, but there is norequirement that there besupervised reintegration aftercustody.

• No requirement to planreintegration during custody.

• Temporary leaves may begranted for up to 15 days.

NEW DIRECTIONS IN YOUTH JUSTICE • Adult ESL ➤ xii

NEW DIRECTIONS IN YOUTH JUSTICE • ADULT ESL ➤ 1

UNIT 1: Introduction and Students’ Perceptions

Activity 1:

Have the students complete the quiz in pairs or small groups.

Compare the students’ answers with the answer sheet to stimulate

discussion.

Objective: The teacher will find out the students’ prior

knowledge and attitudes about youth crime in Canada.

Students will gain some basic knowledge of youth legislation

and the rights and roles of victims.

2 ➤ NEW DIRECTIONS IN YOUTH JUSTICE • ADULT ESL

Crime Quiz — How much do you know?

Read the questions below and discussyour answers. If you don’t know, try toguess.

1. Is youth crime in Canada increasing?

2. What percentage of young people

charged with crimes have done

something violent?

3. What happens if a child under 12 years old breaks the law?

4. At what age does the law say young people are adults?

5. Do more 16- to 17-year-olds get in trouble or more 12- to 13-

year-olds?

6. Do the judges sentence most young offenders to jail?

7. What can a judge order a young person to do instead of going

to jail?

8. Why are young offenders kept with their families when

possible?

9. Can a young person ever be given an adult sentence?

10. What are the most common examples of crimes that young

people commit?

11. What rights do young people have when they are arrested?

12. What rights do victims of crime have?


Answers to Crime Quiz (for students)

1. No

2. 18%

3. The young person can’t be put through the criminal justicesystem. He or she can be treated through the mental healthsystem or receive protection from a child protection agency.

4. 18

5. 16 to 17

6. No

7. Many things, for example, probation with conditions,repayment, community service, or attendance in programs.

8. They can grow up and change while staying at home.

9. Yes

10. Breaking and entering, using drugs, stealing cars, shoplifting

11. They can talk to parents or other adults and a lawyer beforedeciding if they want to talk to the police. They are innocentuntil a judge decides they are guilty.

12. A victim impact statement is used at the time of sentencing,and is given to the judge to review. In this way the victim hasa very real voice in describing how the crime has impactedtheir life. Also, the victim has a right to know what chargeshave been approved, when and where the next courtappearance is, what the conditions of release are and the finaldisposition of the case. In addition, under the new Act, thevictim will have access to the name of the young offender incertain cases. And finally, the victim can play a role indetermining the consequences for the crime, such as anapology, restitution, or compensation.


ANSWERS TO CRIME QUIZ (FOR TEACHERS)1. No, it is decreasing. In fact, from 1991 to 1997 youth crime decreased 23%. Youth

crime is going down across Canada, in both rural and urban neighbourhoods.

2. Only about 18%, and half of those were minor assaults, for example, hittingsomeone.

3. The law says children under 12 years old can’t be charged and taken to criminalcourt. If the police catch a child younger than 12 doing something wrong, they willtake the child home and tell the parents, refer the child to the Ministry of Childrenand Families or ensure the child gets treatment from a mental health facility. Theparents may get other help at the school or in the community.

4. Young people are adults at 18. There is a special law for young people 12 to 17. It iscalled the Youth Criminal Justice Act .

5. More are 16-to 17-years old. In 1997, 24% were 17, 24% were 16, 22% were 15, 15%were 14, 8% were 13 and 3% were 12.

6. No. Young people are sent to a special youth jail for serious crimes when it isnecessary to protect the public. Some young people are sent to live in special places,for example a group home run by the government. Others may get help from localcommunity groups.

7. The sentence should depend on the seriousness of the crime. It should preventfuture crimes as well as repairing the harm the young person did. For example, ayoung person may have to apologize to the victim and pay (with money or work)for damage she did. Sometimes a young person has to pay a fine or do somevolunteer work in the community. She may be on probation and have to followsome special rules like living in a specified place, going to school, staying at homein the evening or staying away from certain places or certain people. She may haveto attend a special program, for example, a program to teach anger control.

8. Most young people can grow up and change while staying at home with theirfamilies. Programs in the community are usually the most successful way to helpthem. Young people are different from adults—they have different problems anddifferent needs.

9. Yes, but only for serious crimes like murder, and only if the young person is over 14.A judge must agree an adult sentence is necessary..

10. Common examples are breaking and entering, using drugs, stealing cars, orshoplifting. In 1997, 82% of young offenders were charged with these kinds of non-violent offences.

11. a) If the police stop or arrest a young person they have to tell him or her why.b) The young person can talk to a lawyer and parent (or adult) before talking to

police.c) The young person is considered innocent until s/he goes to court and a judge

decides the person is guilty.d) The Crown counsel has to prove in court that the young person is guilty.

12. A victim impact statement is used at the time of sentencing, and is given to thejudge to review. In this way the victim has a very real voice in describing how thecrime has impacted their life. Also, the victim has a right to know what chargeshave been approved, when and where the next court appearance is, what theconditions of release are and what is the final disposition of the case. In addition,under the new Youth Criminal Justice Act , the victim will have access to the name ofthe young offender in certain cases. And finally, the victim can play a role indetermining the consequences for the crime, such an apology, restitution, orcompensation.


UNIT 2: Underlying Principles of theYouth Criminal Justice Act

Objective: Students will be able to explain the specific needsof young people and compare the perceptions of differentcultures about these needs. They will also understand someconcepts of Canadian law and some of the principles behindthe new Youth Criminal Justice Act.

Activity 1: Youth LegislationDISCUSSION

Divide the students into small groups for this discussion.

Activity 2: Theft from Auto Scenario READ, DISCUSS AND WRITING

Have the students read and discuss the story. Then give them thewriting task that follows.

Activity 3: Victim Impact StatementREAD AND DISCUSS

Read and discuss the requirements and the statement with yourstudents.

Activity 4: Principles of the Youth Criminal Justice ActREADING FOR DETAILS - TRUE OR FALSE?

Have students read the Principles of Youth Criminal Justice Act anddo the Reading for Details exercise that follows.

Activity 5: Vocabulary - Paired Crosswords

Have students work in pairs to do the paired crossword. Give onestudent the "down" puzzle and the other the "across" puzzle.Students should not be able to look at their partners’ puzzle. Thestudent with the word filled in on the puzzle must give adefinition or explain the word to the partner.

Make sure that in the course of the first four activities you haveexplained the words that are in the two puzzles.


Youth LegislationDISCUSSION

1. In Canada, there is a special law for young people 12 to 17.

Does your country have a similar type of law? Explain.

2. When do you think children "grow up" to become adults?

What are the differences between a young teenager (13) and a

teenager/adult (18 -19)?

3. Talk about your children. How old are they? Describe their

knowledge and responsibilities. Give examples. Are their

needs the same?

4. Young people are only sent away from their families for

serious or violent crimes. What are the advantages of keeping

young people with their families? Are there disadvantages?


Theft from Auto ScenarioREAD AND DISCUSS

Peter, 17, is in Grade 12. He has an 11-year-old brother, Jimmy. One

of Peter’s friends at school, Jack, is 18. One evening, Peter went

over to Jack’s house. He took Jimmy with him. Jack suggested they

go out. Walking down the street, they saw a car with a lot of things

in it. No one was around. Peter and Jack decided to break into the

car. Jimmy helped them. Someone saw them and called the police.

All three boys were caught.

Each of the boys was treated differently. A police officer took

Jimmy home to his parents and explained what had happened.

Jack and Peter were taken to the police station. The police told Jack

that he would have to go to adult

court. They told Peter that he might

have to go to youth court. The police

said that first Peter would have a

chance to talk to a youth probation

officer to find out why he got into

trouble.

Jack said, "That’s not fair. All three of

us did the same thing. We should be treated the same."

WRITING ACTIVITY

Pretend you are one of the boys (Jack , Peter or Jimmy) and write

in the boy’s journal as if you are that boy. You should:

• imagine the boy’s point of view

• write what you did and why you did it

• write how you felt

• write what you think about what happened to you

• write what you think about what happened to the others

• write how the owner of the car felt and why


Principles of Youth Criminal Justice ActThere are three ways that the law protects the public from youth crime. • The law tries to prevent youth crime.• The law makes sure something happens to young people who break the

law.

Young people are treated differently under the law because of their lack ofmaturity in understanding the consequences of their actions.

The judge will think about the seriousness of the crime. This is one of thethings to consider before deciding what sentence to give the young person.For a violent or serious crime, a young person may go to jail. For lessserious crimes, like stealing, there are other choices. The sentence shouldhelp prevent future crimes as well as pay back, in some way, for the harmthe young person did. Parents, victims and the community are encouragedto take part. Victims can take part by submitting a victim impactstatement, which is their right under the Victims of Crime Act . See a sampleof a victim impact statement that could be submitted by the owner of thecar on pages 9-11).

READING FOR DETAILS - TRUE OR FALSE?Write T if the sentence is true, and F if it is false.

____ 1. Young people are treated the same as adults under the law.

____ 2. The Youth Criminal Justice Act tries to prevent youth crime.

____ 3. Parents and community take part in what happens to a youth whoo ffends but not victims.

____ 4. The seriousness of the crime is one of the things the judgeconsiders in deciding the sentence.

____ 5. The aim of youth law is to help young people accept re s p o n s i b i l i t yfor their actions.

A Note for Parents:Parents might be afraid if the police call abouttheir child but it is very important for parents togo to the police station or court to help the child.The police may speak quickly or use vocabularyyou don’t understand. If so ask for an interpreter.Tell the police you need an interpreter to properlyunderstand what is happening and to fulfill yourresponsibilities.

One of the things you can do to help your child isto help him or her find a lawyer if your child isbeing held at the police station or has beencharged. It is important for your child to speak toa lawyer before he or she decides whether tomake a statement to police.

This way your child can be sure he or she has allthe information needed to make a decision.

If your child decides to make a statement to thepolice, he or she has the right to have you oranother adult and the lawyer there.

If your child is not a Canadian citizen, he or sheshould also talk to an immigration lawyer to findout what effect the criminal case might have onhis or her immigration status. Your child shoulddo this before deciding what to do in the criminalcase.

If you have been the victim of a crime (by ayouth) you have certain rights; call 1-800-563-0808.


VICTIM IMPACT STATEMENT OUTLINE

In describing the effect the crime has had on you, you may wish to consider the following:

1. Emotional Impact - Has the crime affected your:

• emotions and reactions;• lifestyle and activities;• relationship with your partner, spouse, friends, family or colleagues; • ability to work or study; or• need for counselling or emotional support.

2. Physical Impact - Have you suffered any physical injuries or disabilities as a result of thecrime?

• have you suffered pain, discomfort, illness, scars or physical restriction?• was any medical treatment, hospitalization, surgery, physiotherapy and/or medication

required?• will any further treatment be needed?

3. Financial Impact - What financial or property losses have resulted from the crime?

• the cost of any property that was damaged, lost, or destroyed and the cost of repairsor replacement;

• the amount of any insurance deductible you paid;• loss of income, medical, counselling or treatment expenses not covered by insurance• if you and the accused lived in the same household and the crime caused you to

leave that household, include details of any expenses for moving, such as temporaryhousing, food, child care and transportation.

Note: If an order for repayment is requested, the amount must be clearly related to theoffence and easily determined by the judge. Please attach copies of any bills, receipts,estimates or letters from employers that will help verify the amount of loss. If any of thesedocuments have personal information that you do not want others to know, such asyour address or credit card numbers, you should delete that information beforeattaching the document.

4. Other Comments or Concerns - Are there other matters not yet covered?

• other ways your life may have changed; or • how you feel about contact with the accused.

Complete the attached cover page and use it as the front page of your Victim Impact Statement.Make sure that you have put a page number on each completed page of your Victim ImpactStatement, that it is signed and that the cover page is dated.

If you need more space than is provided, you may add pages. Please number and sign each ofthese pages so that it is clear where they belong in your Victim Impact Statement.

Although you are not required to submit a Victim Impact Statement, the information that you provideis valuable to the Crown Counsel who is prosecuting the case and to the judge who will sentencethe accused, if the accused is convicted.

If you need help in completing your Victim Impact Statement or have any questions about it, youmay contact Crown Victim/Witness Services or the victim serving agency which has been assistingyou.





Vocabulary - Paired Crosswords

Explain the meaning of your words to your partner. When your

partner explains a word, write it on your puzzle.

Across puzzle


Vocabulary - Paired Crosswords

Explain the meaning of your words to your partner. When your

partner explains a word, write it on your puzzle.

Down puzzle


Objective: Students will understand some of the causes of

youth crime and how it may be prevented.

Activity 1: “A Few Hours Can Save a Life”

Have students read the newspaper article and answer the

questions on the following page.

Activity 2: Who Are Young Offenders and How Can We Help?DISCUSSION

Put the students in small groups for this task. Each group should

choose a secretary to take notes and a person to report the results

to the class.

Activity 3: “Because”/“Although”GRAMMAR EXERCISE

Give this sentence-combining exercise to the students.

UNIT 3: Prevention


A12 The Province • B.C. Kids at risk Thursday, November 25, 1999

Volunteers hooked up withtroubled kids can help themfind their way to success

By Kathy TaitChildren and Families Reporter

Langara Engineering student Ly nJones had a few spare hours each week.

Not enough time for a job, but timeenough to get involved in something.

When he saw an ad seeking volun-teers with three or four hours a week tohelp young offenders and children atrisk, Jones, 33, decided to call.

He was matched with Charlie, a 12-year-old being raised by his grandmotherin the downtown eastside.

At the time, Charlie stayed home a lot,watching television and playing videogames. He had few interests outside thehome and few friends.

"She (grandmother) thought I stayedhome too much," he said.

That was five years ago.Charlie and Lyn are now good friends

— almost family.

Each week the two hang out togetherfor a few hours -- play basketball, go tomovies, rake leaves, walk CommercialDrive, play chess or go hiking.

Lyn has helped Charlie get a socialinsurance card and search for work.

At first Charlie thought Lyn would be"like a teacher" and that he would "tellyou what to do."

But he was "cool, natural," Charliesaid. "I learned stuff from him like thebasics of pool and the rules of basketball."

The first time hiking on Gro u s eMountain, Charlie thought "I’d never getmy ass over there, but I did. I found iteasy. Now I can hike that mountain twiceand still want more."

Charlie is 17, still in school and plansto become a carpenter and "not be on wel-fare."

Kevin Taylor, coordinator of the PLEA(Public Legal Education Association) vol-unteer program, says volunteers areneeded to help other youth. Volunteersbroaden the youth’s horizons and pro-vide a supportive connection, he said.

"Hopefully they’re there for eachother through life’s problems."

A few hours cansave a life

Charlie keeps the ball away from Lyn Jones, a PLEA volunteer, during a little one-on-one.Colin Price – The Province


Questions

Answer these questions.

1. How long did Lyn Jones volunteer each week?

____________________________________________________________

2. What is the PLEA program?

____________________________________________________________

3. What kinds of things do the volunteers do?

____________________________________________________________

4. Why are the young people in the program?

____________________________________________________________

5. How did the program help Charlie?

____________________________________________________________


Who Are Young Offendersand How Can We Help?DISCUSSION

1. Who do you think are some of the children who are at risk of

becoming young offenders? Can you describe them? What

kinds of problems cause youth crime?

2. Do you think the program described in the article will help?

Would you like to volunteer in a program like this? Can you

think of other kinds of useful programs?


“Because”/”Although”GRAMMAR EXERCISE

Combine the sentences using "because" or "although."

Example: Volunteers work with troubled kids.Volunteers can help kids be successful.

Volunteers work with troubled kids because they can help them besuccessful.

1. Lyn was a busy student.

He had a few spare hours each week.

___________________________________________________________

2. Charlie is in the PLEA program.

He didn’t have enough to do and he didn’t have many

friends.

___________________________________________________________

3. Charlie grew up on welfare.

Charlie plans to be a carpenter and never be on welfare.

___________________________________________________________

4. The youth learns a new lifestyle.

Volunteers take that youth out to do a lot of activities.

____________________________________________________________


Objective: Students will be able to describe the young person

who committed the crime, explain the seriousness and impact

of the crime and give their opinion on the sentence given.

Students will also understand that minor crimes can be dealt

with outside the court process. In court, the judge has many

sentencing options besides custody. Students will be able to

say which is the more appropriate sentence for each young

person.

Activity 1: Jigsaw Reading

The six scenarios in this unit deal with different young people who

get into trouble. The part in bold print following each scenario

explains the points of youth legislation relevant to the scenario.

This will help students understand why each decision was made.

1. Divide the class into six groups and give each group one of the

scenarios to read, discuss and prepare to re-tell. Students

should make notes on the grid.

2. Re-group the students in groups of six. Each student in the

group has read a different scenario. Put away the scenario

papers. Have each student report orally and explain his

scenario while the other students fill in the information grid.

3. Bring the class back together to discuss the differences in the

young people, the differences in impact on the victims and the

resulting differences in what happens to the young people. Talk

about the reasons each young offender received that particular

sentence. Ask students if they agree with the sentences given.

UNIT 4A: Meaningful Consequences of Youth Crime: Sentencing


Activity 2: Vocabulary Exercise - Key Words

This matching exercise reviews some of the key vocabulary from

the six scenarios.

Activity 3: “You be the Judge”WORKSHEET DISCUSSION

Give students the worksheet with descriptions of some other

young people in trouble (page 31). In a small group, choose from

the list the most appropriate ways to deal with each one (page 30).

Students can choose more than one solution. Discuss the results as

a class. Do the solutions chosen reflect the law? What other factors

could affect the choice of solution, for example, the character of the

child or the family?

Activity 4: Tenses with “have to”GRAMMAR EXERCISE

Remind students to use context clues to determine the correct

tense.


Story 1: Tina

Tina loves to go to the mall. She is 11 years old. She has very little

money but she and her friends like to window shop. Sometimes

they also try on clothes in the stores. Last Saturday, in one of the

stores, Tina put on an expensive sweater under her coat and

walked out without paying. The clerk caught her and called the

police.

The police officers drove Tina home in the police car. They

explained to Tina’s parents what had happened. They told the

parents that Tina would not be

arrested or have to go to court

because she was under 12 years old.

The police suggested that the parents

should do something about Tina’s

behaviour. Tina’s parents were very

angry with Tina. They told Tina she

couldn’t go out with her friends for

three weeks and she could not go to

the mall, except with her mother.

The Youth Criminal Justice Act is for young people 12 to 17.

Children under 12 are the responsibility of the parents. They can

also get help at school, in the community or at a mental health

facility.


Story 2: Jackie

Jackie, 13, has some problems at home and got in trouble with the

police last year for breaking a window. After dinner, Jackie usually

goes out with his friends. Sometimes

they go to the park. Sometimes they

walk around the neighbourhood and

talk. One evening, they found some

spray cans of paint in an alley and

used the paint to write on the walls of

several neighbourhood stores. A store

owner saw the boys and called the

police. The police caught Jackie with

the paint.

Jackie could have ended up in court but instead the problem was

handled in another way. Jackie and his parents had to go to a

meeting. The store owner was also there. A facilitator helped

everyone talk about the problem. Jackie felt bad when he met the

store owner and understood that the owner was really upset about

the wall. The facilitator helped Jackie and the store owner decide

what to do. They made an agreement that Jackie would help

repaint the wall.

Some crimes are handled by a facilitator without going to court.

Non-violent offences will be handled this way if there is no

previous record. The young offender can repay the victim or

repair the damage he did. The facilitator talks with the victim,

offender and parents to decide how to do this.


Story 3: Shawn

Shawn has been in a lot of trouble in the past few years. He got

arrested for breaking into cars when he was 14 and for breaking

into a house when he was 15. Both times he was put on probation

with some rules to follow. He was told to be home at a certain time

and to go to school every day. Shawn

didn’t do these things. Now, he is 16.

He stole a car one night and went for

a drive. The police caught him and he

had to go back to court. This time the

court talked about sending him to a

special youth jail. Instead, the judge

said he had to go to a special

wilderness camp in the country for six

weeks.

All the young people at the camp had been in trouble. At the camp

Shawn learned to work together with the others and to be

responsible so the others could depend on him. The camp was

very difficult and strict. However, Shawn learned some exciting

new skills like kayaking, hiking, rock climbing and taking care of

himself in the forest. Shawn was happy that he hadn’t been

sentenced to time in custody or jail. The wilderness camp helped

him grow up and change. He came back to the city and didn’t get

into trouble again.

Sometimes a young person gets into trouble again and again. A

special program can help young people change their behaviour.

The program may prevent a young person from going to jail.

These programs often are more useful than jail in helping young

people change.


Story 4: Serena

Serena is 15 years old. She doesn’t live at home because her mother

is a drug user in a poor part of the city. Serena has had a difficult

life. She lives in a group home — a special home run by the

government. Several young people live there and a youth worker

supervises them. In the group home, the worker caught Serena

buying drugs. Serena also got angry and broke things. Once she hit

a youth worker.

The judge said that Serena had a difficult life and

that she was trying to change. The judge ordered

Serena to be on probation for six months and to

follow some rules. For example, she must go to

school and she must see a counsellor to help her

control her anger. Serena must not take drugs. She

must write a letter of apology to the group home.

She must do 30 hours of community service

(volunteer work). A youth worker will check that

she does these things.

Young offenders should receive a sentence that depends on the

seriousness of the crime. If the crime is not very serious or

minor, rules, supervision and counselling may help youth

change their attitudes and behaviour. A judge may decide on this

kind of sentence instead of youth jail.


Story 5: Nelson

Nelson is 17 years old. He has often been in trouble with the law.

Once he stole a car. While he was driving, he had an accident. The

car hit a tree. Nelson ran away but the police caught him. Another

time he broke into some houses. Nelson does not live at home. He

usually lives on the street. He takes drugs. For a short time he

lived in a special home for youth. While

he was there, he used drugs. The youth

workers at the home told him to leave.

Nelson was supposed to go to court but

he didn’t. The court ordered him to do

volunteer work in the community but

Nelson didn’t do it. A month ago he

robbed a store and had to go to court

again.

The judge ordered Nelson to live in a special place for one month.

This place has special programs to help young people stop using

drugs and alcohol. After that, Nelson will be on probation for nine

months and he must go to school or get a job. A youth worker will

supervise him and make sure he does these things.

Some young people get into trouble because of drugs. To prevent

further crimes, these young people need to attend special drug

programs. To make them attend the programs, they are ordered

to live in a special place. This place is very strict but it is not a

jail.


Story 6: Eddie

Late one night, Eddie was about to climb out the window of a

house with a stolen VCR. The elderly couple who lived there woke

up and the man grabbed Eddie. Eddie hit him and then he also hit

the man’s wife several times before he ran. Both the man and his

wife were badly hurt. The woman died. When the police arrested

Eddie, they explained to Eddie and his father that Eddie might get

an adult sentence. Even though Eddie was only 17, this was a

violent, serious crime.

Eddie went to Youth Justice Court where he

was found guilty of manslaughter, assault

causing bodily harm and break and enter. The

judge gave Eddie an adult

sentence because he had been

found guilty of violent crimes

many times in the past. Eddie

also had to go to an adult

prison because he is too

dangerous to be with the other

young people in a youth

facility. Eddie is also quite mature, like an adult.

For very serious or violent crimes, young people, 14 or over, canbe given adult sentences. They are usually sent to a youth facilityto serve their sentence. However, they may have to go to an adultjail if the judge decides there are very good reasons for this.


Information ChartAs you listen to the stories, write the main ideas on the chart

under each person’s name. Don’t write sentences. Just write notes

(important words).


Vocabulary Exercise - Key Words

Match the word with the meaning.

1. behaviour a) small in importance

2. Act b) watch, check on

3. victim c) saying sorry

4. facilitator d) the way someone behaves

5. offender e) go to

6. probation f) person a crime happened to

7. wilderness camp g) law/legislation

8. strict h) consequence

9. supervise i) information used at sentencingto describe how the crime affected the victim

10. sentence j) mediator

11. apology k) grown-up, adult

12. mature l) person who breaks the law

13. minor m) free with supervision

14. attend n) with lots of rules

15. victim impact statement o) area with no people or towns


“You be the Judge”WORKSHEET DISCUSSION

Read the stories of the young people on the next page. Discusswhat you think will happen to the young person. You can choosemore than one solution.

Possible solutions:

• a warning from the police• pay a fine• probation (a youth worker supervises for a certain time,

for example one year)• rules to follow

- stay in school- get a job- stay home in the evening- stay away from certain people- don’t go to certain places

• community service (volunteer work)• youth jail• live in a special youth facility• wilderness camp• counselling

- talk with a counsellor in the community- talk with the school counsellor or principal- attend a drug or alcohol program- attend an anger management program

• a meeting with the victim and a facilitator• a meeting with young person, parents and a judge• adult sentence• adult jail• write a letter of apology• repay the victim (with money or work)• the parents discipline the child• do nothing• a serious warning by the judge• refer to other help, for example, child welfare or mental health

programs


Young Offenders

Jimmy, 11, stole a bicycle.

Tom, 14, broke into cars and stole a lot of change. Hehas never been in trouble before.

Rachel, 15, ran away from home. She lived on the street and thenwith some friends. Last year she got caught shoplifting and wasput on probation. Recently, she got caught using drugs.

Sam, 17, broke into a house and was carryingout the things he stole when a man camehome and stopped him. Sam had a knife. Hestabbed the man and ran away. The man wentto hospital but later died.

Rita, 13, stole some CDs from a local musicstore. It is the first time she has been in trouble.

Joe, 16, broke into his neighbour’s house. He stole a computer. Hehas never been in trouble before.

Vinnie, 16, has been in a lot of fights at school.He and some friends threatened and hityounger students to get their money.

Bill, 16, recently got caught joyriding (stealing acar to go for a ride). It’s not the first time he has been in trouble.He has been on probation for stealing cars and damaging people’sproperty. Last time he went to court, the judge told him to stay inschool and do community service. He didn’t.

Ken, 17, has been in trouble many times forgetting into fights. One night, he and hisfriends went downtown and got into a fightwith some other guys. Ken hit one of them.The youth that Ken hit, fell and hit his head.He was injured and is still in hospital.


Tenses with “have to”GRAMMAR EXERCISE

Write the verb "have to" in the blanks using the correct tense.

1. Sarah __________ stay at home after 7 every evening.

2. John __________ go to court last month.

3. Nick ___________ do 30 hours of community service next

month.

4. Sharon and Susan may ____________ pay for some things they

stole.

5. Ann often _____________ see the counsellor.

6. David _________ never _________ go to court.

7. _______ Sammy ________ pay a fine?

8. Frank __________ go to jail 2 years ago.

9. Peter _________ already ________ attend that program.

10. _________ Roberta __________ apologize last Saturday?


Objective: Students will understand that victims have a

constructive and important role to play in the youth justice

system and will be able to write a simple victim-impact

statement which could be used in court or at a meeting with a

facilitator. This statement will help the judge or facilitator

make a decision.

Activity 1: Graffiti - JackieDISCUSSION

Have students re-read Story 2: Jackie (page 23) and discuss the

impact of the crime on the victim. Then have them read the victim-

impact statement that the store owner wrote (page 34).

Activity 2: Break and Enter - NelsonREADING, DISCUSSION AND WRITING

Have students re-read Story 5: Nelson (page 26) and discuss the

impact of this crime on the victim (the store owner). Ask them

about the store owner’s feelings, the effect on family or customers,

and their financial losses. Then ask them to write this store

owner’s victim-impact statement.

UNIT 4B: Victim Involvement in Sentencing


VICTIM IMPACT STATEMENT

Regina v. ____________________ Name of Victim: ____________________(name of accused)

I have had this business for 10 years. It is not easy to make a living

from a small store like this. My wife and I work very hard and we

work long hours but we make only a small profit. Last year, we

had the building painted and it cost us several thousand dollars.

When I came to work and found the wall painted with graffiti

again, I was very upset. How often can I take money from my

profit to repaint? Will customers choose to shop at my store when

it looks bad because of graffiti or because I have painted it over in

a slightly different colour? These boys have hurt my business. My

wife is upset and worried about money. I hope these boys can be

taught not to do this. They must understand how terrible this

problem is for me and for other store owners who have to pay the

costs of what they do.

__________________________________________________________

__________________________________________________________

__________________________________________________________

__________________________________________________________

__________________________________________________________

__________________________________________________________

__________________________________________________________

__________________________________________________________

__________________________________________________________

__________________________________Signature of Victim

(If you need more space, please attach and sign additional pages)Page No.__1__


VICTIM IMPACT STATEMENT

Regina v. ____________________ Name of Victim: ____________________(name of accused)

__________________________________________________________

__________________________________________________________

__________________________________________________________

__________________________________________________________

__________________________________________________________

__________________________________________________________

__________________________________________________________

__________________________________________________________

__________________________________________________________

__________________________________________________________

__________________________________________________________

__________________________________________________________

__________________________________________________________

__________________________________________________________

__________________________________________________________

__________________________________________________________

__________________________________________________________

__________________________________________________________

__________________________________________________________

__________________________________________________________

__________________________________________________________

__________________________________________________________

__________________________________Signature of Victim

(If you need more space, please attach and sign additional pages)Page No.__1__


Objective: Students will understand the law regarding

publishing the names of young offenders and be able to

express their opinion and state the advantages and

disadvantages. They will also be able to write a short news

report about a young offender.

Activity 1: Publication of NamesGROUP DISCUSSION

The media is not allowed to publish the names of young offenders,

except for those who are dangerous to the public or who have

received adult sentences or have received a youth sentence for

certain serious crimes. Have students work in a small group to fill

in a chart with advantages and disadvantages of this law for the

young person and for the community.

Activity 2: Newspaper ReporterWRITING ACTIVITY

Have students choose one of the six stories in Unit 4 (Pages. 24-29),

pretend they are newspaper reporters and write a short newspaper

article including a headline.

Activity 3: Grammar Exercise - Passives

Review the difference between the active and passive voice. Then,

distribute this exercise.

UNIT 5: Publication of Names


Publication of NamesGROUP DISCUSSION

Newspapers, radio, and TV cannot usually publish or print the

names of young offenders. They can only do this if the young

person is very dangerous or if the judge has given him an adult

sentence, or if the youth has received a youth sentence for a very

serious crime.

What are the advantages and disadvantages of this rule?

FOR THE YOUNG PERSON

Advantages Disadvantages

FOR THE COMMUNITY

Advantages Disadvantages


Newspaper ReporterWRITING ACTIVITY

1. Choose one of the six stories in Unit 4 (Pages. 24-29). Work

with a partner and talk about the answers to these questions.

What did the young person do?

Where do you think the crime happened?

When do you think it happened?

How serious was the crime?

What happened to the young person after he was caught?

2. Pretend you are a newspaper reporter. Write a short story for

your newspaper about the crime.

Be sure your story has information to

answer all the above questions. A

newspaper story should have a headline

(title). The headline should be short but

exciting. The first paragraph of the story

should have the main idea or important

information. The other paragraphs should have the details.

Remember, the newspaper can only print the young person’s

name if he is dangerous, or has received an adult sentence, or

if the youth has received a youth sentence for a very serious

crime. For example, instead of the name, write "a 14-year-old

who can’t be named."


Grammar Exercise - Passives

Change these passive sentences to active sentences.

Example: A window was broken. Someone broke a window.

1. A car was stolen.

___________________________________________________________

2. A man was hurt.

___________________________________________________________

3. The boy will be sent to jail by the judge.

___________________________________________________________

4. The robber has been caught by the police.

___________________________________________________________

5. The woman is being robbed.

___________________________________________________________

6. A man was killed by a drunk driver.

___________________________________________________________

7. Cars are often damaged.

___________________________________________________________

8. The police have already been called.

___________________________________________________________


ANSWER KEY

Unit 2: Activity 3: Reading for Details - True or False? (page 8)1F 2T 3F 4T 5T

Unit 3: Activity 1: Reading and Questions (page 17)1. a few (3-4) hours2. a volunteer program helping young people at risk3. sports, movies, spending time together, or looking for

work; broaden horizons; provide support4. they are young offenders or children at risk (who

may get into trouble)5. learned new things, stayed in school, made plans for

future

Activity 3: Grammar Exercise - “because”/“although” (page 19)1. Although Lyn was a busy student, he had a few

spare hours each week.2. Charlie is in the PLEA program because he didn’t

have enough to do and didn’t have many friends.3. Although Charlie grew up on welfare, he plans to be

a carpenter and never be on welfare.4. The youths learn a new lifestyle because volunteers

take them out to do a lot of activities.

Unit 4a: Activity 2: Vocabulary Exercise - Key Words (page 29)1d 2g 3f 4j 5l 6m 7o 8n 9b 10h 11c 12k 13a 14e 15i

Activity 4: Grammar - Tenses with “have to” (page 32)1. has to 2. had to3. has to / will have to4. have to5. has to6. has had to7. Does/Will have to8. had to9. has had to

10. Did have to


Unit 5: Activity 1: Publication of Names - Group Discussion (page 37)

Some possible answers:

FOR THE YOUNG PERSONAdvantages Disadvantages

• can have a normal life, • youth has little neighbours, friends, job responsibility in eyes

of the public• if treated well now, will

g row up to be a good citizen • may re-offend

• can grow up and change • less public easily if people don’t think responsibility to beshe is "bad" involved in

community programs• does not contribute to false

sense of security, i.e. thatpeople without criminalrecords are necessarily allgood.

FOR THE COMMUNITYAdvantages Disadvantages

• public doesn’t worry • community can’t protect itself if the

•other family members young person have privacy reoffends

• the young person maydo it again

Activity 3: Grammar Exercise - Passives (page 39)

1. Someone stole a car.2. Someone hurt a man.3. The judge will send the boy to jail.4. The police have caught the robber.5. Someone is robbing the woman.6. A drunk driver killed the man.7. People often damage cars.8. Someone has already called the police.

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