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Crown Decision-Making Under the Youth Criminal Justice Act
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Table of Contents
Executive Summary
Introduction
1. Research Questions
2. Methodology
3. The Observation Sample
4. Analysis
5. Methodological Issues
Description of the Courts
1. Court Caseloads
2. Charging Authority
3. The Key Actors
The Bench
Crown Prosecutors
Legal Representation
Other System Actors
4. Information Sources Available to the Crown
5. Case Characteristics
Demographic and Social Factors
Legal Characteristics
6. The Court Environment
Crown and Defence Counsel Relationships
A Fine Balance
7. Summary
Charge Approval, Proceeding with and Dropping Charges
1. The
YCJA
2. Charge Approval in British Columbia
Provincial Policy
Charge Approval Sample
Case Characteristics
Information Sources
Cases that were Approved to Court
No Further Action
More Information Required: Return Case to Police
Pre-charge Diversion to Extrajudicial Sanctions
3. Proceeding with Charges: The Likelihood of Conviction and Public Interest
4. Dropping Charges
5. Summary
Crown Referrals to Extrajudicial Sanctions
1. The
YCJA
2. Provincial Policies
3. Information Sources Used by Crown Counsel
4. Characteristics of Diverted Cases
5. Factors Related to Extrajudicial Sanctions
Social Characteristics of the Young Person
Legal Characteristics of the Case
Program Availability
The Role of the Community
6. Characteristics of EJS Programs
7. Multivariate Analysis of Factors Affecting Diversion Decisions
8. Summary
Bail Decision-making by Crown Counsel
1. The
YCJA
2. Provincial Policies
3. Rates of Release on Consent
4. Information Sources Used by Crown Counsel
5. Characteristics of Bail Cases
6. Factors Related to Consent Releases
Social Characteristics
Legal Characteristics
Other Legal Factors
Alternatives to Detention
Program Availability
Idiosyncratic Decision-making
7. Multivariate Analysis of Factors Affecting Consent Release
8. Summary
Crown Submissions to Sentence
1. The
YCJA
2. The Content of the Crown Submission to Sentence
3. Information Sources Used by Crown Counsel
Social Reports
Verbal Interaction
Defence-Crown Negotiations
4. Case Characteristics
5. Factors Related to Submissions to Sentence
Social Characteristics of the Young Person
Legal Characteristics of the Young Person
Program Availability
Other Factors
6. Multivariate Analysis of Factors Affecting Submissions to Sentence
7. Relationships between Actual and Recommended Sentence
8. Cases Where the Crown Recommended Custody and Supervision
9. Summary
Discussion and Conclusions
1. Similarities and Differences among the Youth Courts
2. Decision-making
3. The Research Questions
Charge Approval in British Columbia
Extrajudicial Sanctions
Pre-trial Detention
Submissions to Sentence
References
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