LAWS 3307 V - Youth and Criminal Law

A review of the Youth Criminal Justice Act within the framework of the Canadian justice system, with particular emphasis on historical and philosophical developments and objectives. Current topics include: constitutional issues, procedure, confessions, transfers, sentencing options, alternative measures, reviews, and possible amendments.
Prerequisite(s): LAWS 2301 and LAWS 2302.

This course focuses on jurisprudence and legal principles, i.e., the tools that lawyers use when defending or prosecuting young persons accused of crime, and the tools available to judges who deal with youths. It begins with a brief review of criminal procedure generally: it is necessary to understand the general law before examining how the law is different for youths. The course then reviews the history of the Youth Criminal Justice Act (YCJA), including its antecedents such as the Young Offenders Act and the Juvenile Delinquents Act. Reviewing the history of the law will involve comparing the changing philosophy with respect to youth crime. It examines statistical information in order to appreciate the true magnitude of youth crime, as well as to observe the practical impact of the YCJA.

The bulk of the course will be taken up with procedures and considerations that relate specifically to youths, particularly sentencing. It looks at recent amendments to the YCJA, which are an excellent example of the interplay between politics and the criminal justice system.

CRN for section V: 13484

CRN for section VOD (optional Video On Demand service): 13485

In-class lecture time & location:
Mondays, 6:05pm to 8:55pm, 624 SA

Instructor: John Hale

John Hale

About the instructor: In the winter of 1990, during the first year of my law practice, a friend asked me to teach her criminal law class at Carleton one evening while she was away. I loved that first interaction with students and signed up to teach my own course the 1990-91 academic year. That was 25 years ago, and I've been teaching law at Carleton ever since. In the late '90s, I was the first lecturer from the Department of Law to teach a course on what was then called itv, which opened the course up to a slew of students who otherwise were unable to come to class. My lectures were broadcast to penitentiary workers in Kingston, and I ended up making good friends there. It has been such a pleasure to connect with students literally from around the world over the years, and from all walks of life. While I most enjoy the direct interaction with students in class, this new way of connecting with students has been an amazing experience. I'm proud to have been an early part of this pioneering initiative from Carleton, making university courses available to students who, for professional, family or health reasons, would otherwise not have access.

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