Youth Child and Law | Case Scenario

Running head: YOUTH CHILD AND LAW
YOUTH CHILD AND LAW
Name of the Student
Name of the University
Author Note

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Case Scenario – March 13 Learning Activity – JUST2203
In this case, Dante was accused of committing several offences. The question in issue
was what rule needs to be followed before initiating the criminal trial for Dante. The process
for pressurizing a young person to attend court is generally the same as that for adults as set
out in the Criminal Code. A police officer may discharge a young person either by serving
him an appearance notice or with an undertaking to appear. These documents contain a
specific time, date and location for the Young Person’s first arrival in the Court. If the data is
not served before the first appearance, then the appearance notice or the promise to appear
will be considered as null and void. The Undertaking, however, will continue to exist as long
as the charges are before the Court (Dawson, 2016).
The Ontario Court of Appeal in R v Oliveira, stated that a promise to appear and a
responsibility to serve are two distinct and separate purposes. The Court further explained
that the objective of the promise to appear is to protect the initial appearance of the accused
in the Court of law. The Undertaking further constitutes a promise by the accused to comply
with specific conditions in lieu of his discharge from the custody pending the resolution of
the charges.
Furthermore, after an Information has been placed, a young person can be compelled by
the Court either through a Summons or a Warrant. A Warrant is delivered where:
 Crown Attorney is either looking for the custody of the young person or situations of
release for the young accused,
 Where the location of the young person are unknown
The pre-requisite for pre-trial custody remain genuine by Bill C-75. A young accused can be
detained in custody where the Crown Counsel has confirmed a balance of possibilities, that
(Barnett et al, 2018):

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The young accused has either:
 been detained with a serious offense Under section 2, YCJA, or
 The accused has a history that specifies an outline of either unresolved charges
or findings of guilt.
There is either:
 a considerable likelihood that the young accused will not appear in the court,
or
 proof of detention is mandatory for the defense of the public considering all
the circumstances containing a substantial probability that the young accused
will compel a serious offense, or
 There are no prerequisites that will decrease the likelihood that the young
person would not appear in court or offer satisfactory safeguards to the public
or maintain assurance in the administration of justice.
Therefore, the court needs all these requisite steps to follow before presenting Dante
in the court as offenses fall under put the summons case and warrant case.
2. A fundamental principle of youth condemnation is that a sentence must be in proportionate
to the gravity of the offense and the degree of accountability of the young offender. In other
words, the sentence should be in accordance with the significance of the crime, and it further
considers the maturity of the young accused engaged with and the circumstances under which
the crime was committed.
The YCJA further necessitates that a balanced sentence must be the least preventive
alternative that capable of complying with the purpose of the sentencing, and that choice

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most likely to regenerate the young person. Furthermore, it must promote the wisdom of
responsibility in the youth, as well as recognizes the wrong done by him (Dawson, 2016).
Therefore, the most appropriate sentencing will be a community sentence for Dante
comparing the gravity and consequences of all the offenses mentioned in the case. However,
keeping in mind the previous records of the accused, he can be punished with custodial
sentences keeping in mind both the period needs to be served in custody and the period that
needs to be served under the observation on the community subject to different situations.
Theory of Change – Developing Adult Capabilities to Improve Child Outcomes
1. Adult capabilities are mainly of two types, one is self-regulation and another one is an
executive function; these are comprised of planning, focus, self-control, awareness, and
flexibility.
2. These capabilities are important because it helps us to illustrate the right skills at the
appropriate time, and it further manages our answer to the world, and oppose inappropriate
reactions. It further recognizes our goals and the requisite steps to reach the same and resist
distractions coming in its way (developingchild.harvard.edu, 2020).
3. The relationship between theory of change and ACE thrives on focusing on building the
competency of the caregivers and strengthening the society that jointly forms the
environment of relationship necessary to the children's growth, health, and behavior.
4. I will try to give these children a better environment so that it helps in the progress of their
minds, which will further help to build their future.

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Reference:
Barnett, L., Charron-Tousignant, M., Dupuis, T., Nicol, J., Valiquet, D., & Walker, J.
(2018). Bill C-75: An Act to amend the Criminal Code, the Youth Criminal Justice
Act, and other Acts and to make consequential amendments to other Acts. Library of
Parliament.
Dawson, K. L. (2016). Is Treatment the Cure? Exploring the Possible Role of Implementing
Mandatory Treatment Programs in the YCJA for Serious and Violent Youth (Doctoral
dissertation, Arts & Social Sciences: School of Criminology).
developingchild.harvard.edu. (2020). Executive Functioning in Adults: The Science Behind
Adult Capabilities. Center on the Developing Child at Harvard University. Retrieved
16 March 2020, from https://developingchild.harvard.edu/science/deep-dives/adult-
capabilities/.
R v Oliveira, 2009 ONCA 219
Ricciardelli, R., Adorjan, M., & Peters, A. (2019). Increased clarity or continued ambiguity?
Correctional officers’ experiences of the evolving Canadian youth justice
legislation. Crime, Law and Social Change, 71(5), 503-523.