Download Grade 9 Social Studies – Chapter 2 – To what extent is the justice

2013-2014 Social Studies 9 – Chapter 2
Chapter 2
“To what extent is the justice system
fair and equitable for youth?”
Social Studies 9
Key Understandings
 How do citizens and organizations participate in Canada’s justice
system (i.e., jury duty, knowing the law, advocacy, John Howard
Society, Elizabeth Fry Society)?
 What are citizens’ legal roles and their responsibilities?
 What is the intention of the Youth Criminal Justice Act?
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2013-2014 Social Studies 9 – Chapter 2
Key Concepts Developed in this Chapter
Key Concepts
Definition
Examples
Fair and Equitable
Justice
Justice System
YCJA vs. Criminal Code Legislation
Extrajudicial Measures
Community Service vs. Criminal record
Individual circumstances
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2013-2014 Social Studies 9 – Chapter 2
Sentence
Rehabilitate vs. Reintegrate
Juror, Jury & Jury Duty
Justice Advocacy Group, John Howard & Elizabeth Fry Society
Sentencing Circles
Common-good
Youth Justice Committee
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2013-2014 Social Studies 9 – Chapter 2
Reading Activity 1: Student Questions for reading
1) The federal, provincial, and municipal governments all have powers to make laws. Why do you think
the Youth Criminal Justice Act is federal act rather than a provincial or municipal act?
2) Why do you think children under 12 are treated differently than children 12-17 years old?
3) Why do you think youth 12-17 are not treated the same way as adults?
4) Outline the following key points about the Act:
Purpose:
Rehabilitation:
Reintegration:
5) What special considerations must be made when choosing appropriate consequences and sentences
for youth crime?
6) Deterrence is not mentioned in the principles of the act? Why do you think it may have been
intentionally left out?
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2013-2014 Social Studies 9 – Chapter 2
Activity 2: In a small group read the following case studies and answer the following questions
on a separate sheet of paper for each case study.
Case Study #1
Late one summer, John Smith attended a party at a friend's house. At the time, John Smith
was 16 years old and was looking forward to returning to high school the next month.
During the party, at which both drugs and alcohol were consumed, an argument broke out
between some friends of the accused and some uninvited young men who had shown up
around 11:30 p.m. When the accused attempted to intervene, he was confronted by one of
the uninvited young men. In retaliation, Smith, the accused, punched the young man
causing him to fall and strike his head. Smith was charged with assault causing bodily
harm.
Case Study #2
While at the mall with a group of friends, Jasmine saw a sweater that she had seen in a
magazine. It would be perfect for her to wear at an upcoming family event. The problem
was, the sweater cost considerably more than Jasmine could afford. She decided to try on
the sweater anyway. It was a perfect fit! Her friends all told her how amazing the sweater
looked on her and that she just had to have it. When Jasmine stated sadly that she could
not afford it, some of her friends offered to distract the sales people in the store so that she
could slip the sweater into her bag. After much thought, Jasmine agreed. As she headed
out of the store, the alarm sounded. She had been caught.
Case Study #3
When A. J. got his driver's license, he could not wait to take his friends out for a drive. On a
Saturday evening in the spring, A. J. and a group of his friends piled into the car and
headed out from Lacombe toward Leduc. When they pulled up to a stoplight, a sporty car
filled with another group of teens pulled up alongside. As they waited for the lights, the
two cars began to rev their engines. When the light turned green the sporty car accelerated
quickly. Not to be outdone, A. J. stepped on the gas, squealing tires, and his car followed in
hot pursuit. The two cars sped down the road reaching speeds well above the speed limit.
Suddenly, another car turned the corner into the path of the speeding cars. Swerving to
avoid a collision, A.J.'s car hit the curb, flew across a lawn and smashed into the front of a
house. Luckily, A. J. and his friends received only minor injuries but the front end of the car
was destroyed and the house suffered several thousands of dollars in damage.
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2013-2014 Social Studies 9 – Chapter 2
Activity 2 Continued: Record your answers below
For each case study…
1)
2)
3)
4)
Identify the victim of the crime,
the nature (type) of the crime (using the directory on following page)
the severity of the crime.
suggest a reasonable consequence for the crime committed.
Consider:




the youth who committed the crime; e.g., their freedom, well-being, long-term prospects
the victim of the crime; e.g., security, well-being, justice
society at large; e.g., security, well-being, justice
criminal justice system; e.g., ability to protect society and youth, self protection, efficacy,
cost.
Some possible criteria you could include for determining a reasonable consequence:




is commensurate with the severity of the crime
considers the age of the accused
allows for rehabilitation
protects interests of all stakeholders.
Case 1:
Case 2:
Case 3:
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2013-2014 Social Studies 9 – Chapter 2
Activity 3: Use your textbook (Ch. 2 pages 56-87) to help you answer the following questions:
1. What does the term fair and equitable mean?
__________________________________________________________________________
__________________________________________________________________________
2. What is Canada's justice system and what is it trying to do?
__________________________________________________________________________
__________________________________________________________________________
3. What is one of the fundamental principles of justice in Canada and other democratic countries?
__________________________________________________________________________
4. In what ways does crime have a negative effect on quality of life?
__________________________________________________________________________
5. What would happen to society without justice?
__________________________________________________________________________
6. Why do you believe that the statue of justice is blindfolded and holds a balance?
__________________________________________________________________________
__________________________________________________________________________
7. When you get caught breaking the law who begins to make choices about what happens to you?
__________________________________________________________________________
8. If you are arrested what rights do you have?
__________________________________________________________________________
__________________________________________________________________________
9. What is the role of a Youth Justice Committee?
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2013-2014 Social Studies 9 – Chapter 2
__________________________________________________________________________
__________________________________________________________________________
10. What five aspects of the YCJA are mentioned on page 64?
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
11. Before the Youth Criminal Justice Act every young person who broke the law was charged and
went to court. What problems did this create?
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
12. Why does Anne McLellan say that young people, up to a certain age, should not be treated as
adults?
__________________________________________________________________________
__________________________________________________________________________
13. According to Anne McLellan how can young people get involved with youth justice?
__________________________________________________________________________
__________________________________________________________________________
14. What factors determine the consequences Young Offenders face? (p.68)
__________________________________________________________________________
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2013-2014 Social Studies 9 – Chapter 2
__________________________________________________________________________
__________________________________________________________________________
15. What are the main principles of the YCJA and what is the overall purpose of the Act? (p.70)
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
16. What facts regarding Aboriginal young offenders did Canada's Correctional Investigator find?
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
17. In one sentence per article, summarize each of the articles on p. 72-73 below:
___________________________________________________________________________________
___________________________________________________________________________________
___________________________________________________________________________________
___________________________________________________________________________________
___________________________________________________________________________________
18. In the cartoon on page 74 what do the jail and the young person represent?
__________________________________________________________________________
__________________________________________________________________________
19. What is the main idea or point the artist is communicating?
__________________________________________________________________________
__________________________________________________________________________
20. What is a jury?
__________________________________________________________________________
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2013-2014 Social Studies 9 – Chapter 2
21. What must you do if chosen to serve on a jury?
__________________________________________________________________________
__________________________________________________________________________
22. How can some people be excused from jury duty?
__________________________________________________________________________
23. Define the following terms
Defense - __________________________________________________________________
Prosecution - _______________________________________________________________
Sequester - _________________________________________________________________
24. Why is the accused shown to all prospective jury members?
__________________________________________________________________________
25. Who decides which prospective jurors will make up the final jury?
__________________________________________________________________________
26. In what ways does the court try to ensure that a sequestered jury does not have contact with the
outside world?
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
27. How many of the twelve jurors are needed in order to pass a guilty or not guilty verdict and what
happens if they don't?
__________________________________________________________________________
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2013-2014 Social Studies 9 – Chapter 2
28. What are justice advocacy groups and what role do they serve in the justice system?
__________________________________________________________________________
__________________________________________________________________________
29. How are the two major citizen-led organizations John Howard Society and Elizabeth Fry Society
involved in the justice system? In what way are the Elizabeth Fry and John Howard Societies different?
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
30. What fundamental things would Brad Odsen of the John Howard Society like to see government
focus on instead of simply passing harsher laws?
__________________________________________________________________________
__________________________________________________________________________
31. What are sentencing circles?
__________________________________________________________________________
__________________________________________________________________________
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2013-2014 Social Studies 9 – Chapter 2
Youth Crime in Canada: An Overview

Answer the following questions about youth crime in Canada by ticking the
the statement is true and the

column if
column if the statement is false.
Flip through chapter 2 to find the answers…
Statements about the YCJA:
1. Young offenders are treated differently than adult offenders
2. The Youth Criminal Justice Act (YCJA) is the law that defines the
consequences young people face for criminal offenses
3. An 11 year old cannot be charged with a criminal offence
4. A 15 year old can be given an adult sentence
5. The names of young offenders cannot be published in the
newspaper
6. Young offenders do not get criminal records
7. Two youths of the same age who commit the exact same
offence may face different consequences
8. Violent crime is dealt with more seriously than non-violent
crimes
9. Police do not need to charge first time young offenders
10. The YCJA attempts to deal with the underlying causes of crime
11. The YCJA tries to reintegrate young offenders back into society
12. Young offenders are deemed to have a “reduced moral
culpability”
13. Youth crime in Canada is on the rise
14. Most youth crime in Canada involves violence
15. Youth that commit serious crimes often get off with a “slap on
the wrist”
16. The YCJA ignores victims of crime
17. Aboriginal young offenders in Canada are more likely to get a
tougher sentence than a non-Aboriginal young offender for the
same offence
18. Most young offenders only get in trouble with the law once
19. A young offender who goes to trial cannot choose to be tried by
a jury
20. Do you think the law is tough enough on young offenders?
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2013-2014 Social Studies 9 – Chapter 2
Reading Political Cartoons – CH. 2
What situation does the cartoon show? TOPIC
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
What symbols does the cartoon use?
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
What’s the intended message? ISSUE/PROBLEM & AUTHOR’s Response
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
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2013-2014 Social Studies 9 – Chapter 2
What situation does the cartoon show? TOPIC
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
What symbols does the cartoon use?
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
What’s the intended message? ISSUE/PROBLEM & AUTHOR’s Response
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
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2013-2014 Social Studies 9 – Chapter 2
What situation does the cartoon show? TOPIC
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
What symbols does the cartoon use?
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
What’s the intended message? ISSUE/PROBLEM & AUTHOR’s Response
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
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2013-2014 Social Studies 9 – Chapter 2
Chapter 2 - YCJA
Self evaluation Checklist
I can...
Incomplete
Basic
Proficient
Evidence – What did we do in
class?
Analyze the role citizens
and organizations play in
Canada’s justice system.
(9.1.5)
Evaluate how citizens and
organizations participate in
Canada’s justice system:
Jury duty; Knowing the law;
Advocacy; John Howard
Society; Elizabeth Fry
Society
(9.1.5.1)
Analyze citizens’ legal roles
and their responsibilities.
(9.1.5.2)
Evaluate the intent and
effectiveness of the
Youth Criminal Justice Act.
(9.1.5.3)
I can read and interpret
various resources including
newspaper articles and
political cartoons
demonstrate leadership in a
group to achieve consensus
Teacher Marking Rubric for this Module
1
2
3
 Booklet is significantly
incomplete or wildly
inaccurate
 No significant
corrections have been
made
 Student demonstrated
little to no knowledge
and/or there were
glaring errors and
many omissions.
 Booklet is partially
incomplete or inaccurate
 Few significant
corrections have been
made or the booklet is
only corrections
 Unclear insight
 Student demonstrated
minimal knowledge
and/or there are many
errors or omissions of the
subject being studied.
 Booklet is partially
complete and
generally accurate
 Appropriate
corrections have been
made
 Predictable insights
 Student demonstrated
some knowledge of
the subject being
studied; however,
there are some errors
and omissions
4
5
 Booklet is complete
and accurate
 Appropriate
corrections have
been made
 Thoughtful insights
 Student
demonstrated good
knowledge with only
minimal errors or
omissions of the
subject being
studied.
 Booklet is thorough
and accurate
 Appropriate
corrections have been
made
 Perceptive insights
 Student demonstrated
excellent knowledge
of the subject being
studied.
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2013-2014 Social Studies 9 – Chapter 2
Reading Activity 7: Do you think the YCJA is fair and equitable?
Use the following three readings and political cartoon, as well as any information in this work booklet to
answer the question:
Is the YCJA Fair and Equitable?
Reading 1:
December 23, 2008
Edmonton boy, 7, fatally stabbed by younger brother
The Canadian Press
EDMONTON — Police say a seven-year-old Edmonton boy was stabbed to death by his younger
brother during a fight. The victim, whose name has not been released, died in hospital after the
scuffle in a north-end residence last Sunday. An autopsy has determined that he was stabbed in the
chest. Edmonton police say his brother, who is under the age of 12, will not be charged.
The Youth Criminal Justice Act (YCJA) deems that children between the ages of 12 and 17 have a
reduced moral culpability and children under the age of 12 cannot be held criminally responsible
for their actions.
Address the following questions in your response:
 To what extent do you agree with the premise that young offenders have a reduced moral
culpability and children under 12 cannot be prosecuted?
 Under the current Canadian law, what do you think should happen to the boy who stabbed
and killed his brother in the above news article?
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2013-2014 Social Studies 9 – Chapter 2
Reading 2:
The Post editorial board on fixing the Youth Criminal Justice Act: Protect the
public from violent criminals
Posted: May 22, 2008, 1:32 PM by Marni Soupcoff
Despite the Supreme Court's ruling on youth crime last week — or perhaps because of it -— the
federal Conservative government is forging ahead with a comprehensive review of Canada's
exceedingly lenient 2003 Youth Criminal Justice Act (YCJA). They must. The majority on the
court may believe young offenders have a "fundamental" right to separate, lax treatment. But the
public also has a right to be protected from violent criminals.
Last Friday, the very day the Supreme Court brought down its ruling, Statistics Canada reported
"the crime rate among young people aged 12 to 17 climbed 3% between 2005 and 2006." More
troubling, the agency reported that while "the overall rate of youth crime was 6% lower than a
decade earlier and 25% below the peak in 1991," serious offences committed by young people have
risen 12% over the past decade, and 30% since 1991. Drug crimes have nearly doubled and "the
number and rate of young people accused of homicide in 2006 reached their highest point since
data were first collected in 1961." In all, nearly one in five teenagers will have a run-in with the law
before they turn 20, a rate more than twice that for the adult population.
So what is to be done?
Since its introduction in 2003, the YCJA has produced mixed results. Its second-chance approach
for minor offenders does seem to have encouraged many single-offence law-breakers to sin no
more. But the steady rise in major youth crimes shows the YCJA is having the opposite effect with
the most hardened of young thugs.
Two-thirds of all youth crimes — and nearly all the violent offences — are committed by those
young people with five or more crimes on their records. It is these habitual criminals the Tories
must deal with harshly. And since the justices did not rule out the imposition of harsh penalties for
all young offenders, the government has room to introduce get-tough amendments that will protect
the public from the worst of the worst young offenders
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2013-2014 Social Studies 9 – Chapter 2
Reading 3:
Monday, September 29, 2008
Don't extend youth prison terms: judge
Says most young offenders rehabilitated 'without custody'
Shannon Kari, National Post Nick Brancaccio, Canwest News Service File Photo
The Nova Scotia judge whose inquiry into the youth justice system was lauded by Stephen Harper
says the Conservative call for longer prison terms for young offenders is unnecessary.
"I understand that Mr. Harper believes the public at large wants this. If that is true, someone is
failing to educate the public," said Merlin Nunn in an interview with the National Post.
"The Youth Criminal Justice Act needs a few changes. We don't need to say we are going to put in
longer sentences for youth," said Mr. Nunn, who is retired from the bench and is presently the
conflict of interest commissioner in Nova Scotia.
The former Nova Scotia Supreme Court judge was appointed by the provincial government to head
a commission of inquiry following the death of a 52-year-old woman in 2004 who was killed in a
head-on collision with a 17-year-old youth.
The Nunn Commission report, issued in December, 2006, contained 34 recommendations. The
youth crime announcement last week by the federal Conservatives promised to implement two of the
recommendations -- the expansion of the definition of a violent offence and amendments to make it
easier for judges to deny bail to youths facing multiple charges. Those two recommendations are
also part of the election platform of the Liberal party.
An amendment to the YCJA to give judges more discretion to deny bail to repeat offenders is
necessary, said Mr. Nunn. What is not needed are wholesale changes to the youth criminal justice
system, he stressed.
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2013-2014 Social Studies 9 – Chapter 2
"There are a small group of repeat offenders and they are playing the system," said Mr. Nunn. The
overwhelming percentage of young people who face criminal charges, often for petty crimes, are
"handled perfectly by police and prosecutors," he said. "They are dealt with and there is
rehabilitation without custody," he stated.
Overall crime has been falling since the early 1990s according to the Canadian Centre for Justice
Statistics and violent youth crime has remained stable for several years.
While 14-year-olds may already receive life sentences for crimes such as murder, if the Crown
convinces a court to sentence the offender as an adult, the Conservatives are promising "enhanced
youth sentences" for a number of offences.
Some legal experts have said such sentences may be deemed unconstitutional.
Justice Minister Rob Nicholson told the National Post he believes there is a "great deal of
flexibility" in terms of possible sentencing amendments to the YCJA. He said that what was
announced last week were "proposals" and not a final draft bill to be passed into law.
Longer prison terms for offenders sentenced as youths will not make the public safer in the long
run, suggested Mr. Nunn. "When they get out, they are probably going to be a lot worse," he said.
[email protected]
Political Cartoon:
Artist: Malcolm Mayes
Fill in the chart on the next page to help
you brainstorm and answer the question:
Is the YCJA Fair and
Equitable?
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2013-2014 Social Studies 9 – Chapter 2
YCJA
FAIR – describe how so
NOT FAIR –describe how not
Consideration of the youth’s
background including, ethnicity,
age, culture, language, etc
Consideration of circumstances
crime was committed
Community Supports/Advocacy
Groups
Previous Records???
Goals and Principles of the Act
Types of Sentences
Reading One: Summary of
reading
Reading Two: Summary of reading
Reading Three: Summary of
Reading
Political Cartoon
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2013-2014 Social Studies 9 – Chapter 2
Is the YCJA Fair and Equitable?
Write a two paragraph response to answer the question above using the following structure:
Paragraph 1
 Identify the point of view expressed in the cartoon in as much detail as you can
 Explain why some people might agree with this point of view (include supporting evidence)
 Explain why some people might disagree with this point of view (include supporting
evidence)
Paragraph 2
 Answer the question (to what extent do you agree or disagree with the point of view
expressed in the political cartoon?)
 Explain your answer
 Defend your position
Write your response below. You may choose to do a draft on a separate sheet of paper first.
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2013-2014 Social Studies 9 – Chapter 2
Assessment:
5
4
3
2
1
Knowledge
 Student demonstrated excellent
knowledge of the subject being
studied.
 Student demonstrated good
knowledge with only minimal errors
or omissions of the subject being
studied.
 Student demonstrated some
knowledge of the subject being
studied; however, there are some
errors and omissions
 Student demonstrated minimal
knowledge and/or there are many
errors or omissions of the subject
being studied.
 Student demonstrated little to no
knowledge and/or there were
glaring errors and many omissions.
TOTAL: ______ /10




Reflection & Application
Responses make connections, offer insightful
interpretations, or ask extending questions.
Student was able to accurately and thoughtfully apply the
material.
Responses may make some connections, however, may
not be applicable in all situations or examples.
Student was able to apply material.
 Responses may make some connections but student may
struggle with examples.
 Student was able to somewhat apply the material.
 Accurate responses are limited to literal interpretations.
There is little attempt to make connections. The student
is unable to provide examples and/or the student
struggled to apply material.
 There are limited to no responses and/or connections
made. There was no attempt to apply material.
Comments:
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2013-2014 Social Studies 9 – Chapter 2
Chapter 2 - YCJA
Self evaluation Checklist
I can...
Incomplete
Basic
Proficient
Evidence – What did we do in
class?
Analyze the role citizens
and organizations play in
Canada’s justice system.
(9.1.5)
Evaluate how citizens and
organizations participate in
Canada’s justice system:
Jury duty; Knowing the law;
Advocacy; John Howard
Society; Elizabeth Fry
Society
(9.1.5.1)
Analyze citizens’ legal roles
and their responsibilities.
(9.1.5.2)
Evaluate the intent and
effectiveness of the
Youth Criminal Justice Act.
(9.1.5.3)
I can read and interpret
various resources including
newspaper articles and
political cartoons
demonstrate leadership in a
group to achieve consensus
Teacher Marking Rubric for this Module
1
2
3
 Booklet is significantly
incomplete or wildly
inaccurate
 No significant
corrections have been
made
 Student demonstrated
little to no knowledge
and/or there were
glaring errors and
many omissions.
 Booklet is partially
incomplete or inaccurate
 Few significant
corrections have been
made or the booklet is
only corrections
 Unclear insight
 Student demonstrated
minimal knowledge
and/or there are many
errors or omissions of the
subject being studied.
 Booklet is partially
complete and
generally accurate
 Appropriate
corrections have been
made
 Predictable insights
 Student demonstrated
some knowledge of
the subject being
studied; however,
there are some errors
and omissions
4
5
 Booklet is complete
and accurate
 Appropriate
corrections have
been made
 Thoughtful insights
 Student
demonstrated good
knowledge with only
minimal errors or
omissions of the
subject being
studied.
 Booklet is thorough
and accurate
 Appropriate
corrections have been
made
 Perceptive insights
 Student demonstrated
excellent knowledge
of the subject being
studied.
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