Prosecuting and Defending Youth Criminal Justice Cases: A Practitioner's Handbook

Prosecuting and Defending Youth Criminal Justice Cases: A Practitioner's Handbook
Emond Publishing
Page Count:
Out of Print
Publication Date:
April 2016
Criminal Law and Procedure; Criminal Law Series; Youth and the Law
New edition coming Spring 2019. Click here for details.

"[T]his is probably the best book on the subject available today for practitioners but it is as well a great repository of information and guidance for judges."
— Justice Gilles Renaud, Ontario Court of Justice.

General Editors: Brian H. Greenspan and Justice Vincenzo Rondinelli
Authors: Brock Jones, Emma Rhodes, and Mary Birdsell

Prosecuting and Defending Youth Criminal Justice Cases: A Practitioner’s Handbook is the first volume in Emond's Criminal Law Series. It follows the life of a youth criminal justice case from beginning to end, with commentary and analysis for legal professionals who litigate and decide YCJA matters across the country.

Practical guidance, checklists, charts, and precedents help readers navigate the criminal youth justice process, which includes interviewing clients, arrest and bail matters, trial, and acquittal or sentencing issues.

With a focus on real-world concerns, this book assists counsel who interact with the most vulnerable populations, such as young persons with mental illness, young persons of Aboriginal descent, and young persons involved with the child welfare system.

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  • A companion blog by Brock Jones: Youth Criminal Justice
  • Foreword by Nicolas Bala
  • Practice tips and ethical considerations for prosecutors and defence counsel
  • Critical analysis of common trial issues in youth justice cases, including best practices for child witnesses, the admissibility and relevance of social media evidence, common issues surrounding school searches, and the unique application of the Charter of Rights and Freedoms to young persons
  • Practical tools, such as checklists, charts, templates, and precedents, to guide counsel — from screening, to a voir dire, to trial, to sentencing
    • Interview checklist for criminal defence counsel
    • Suggested questions to ask witnesses
    • Bail-hearing checklist
    • Checklist of factors to consider when deciding extra-judicial sanctions
    • An agreed statement of facts for a guilty plea
    • A sentencing chart explaining different youth sentences available
    • Letter requesting the destruction of a young person’s fingerprints
    • A youth records chart explaining how long each type of youth record may be lawfully retained and accessed
  • Leading case law is highlighted and explained with clear analysis

Chapter 1: The Principles and Philosophy of the Youth Criminal Justice Act
Chapter 2: Arrest, Detention, and Questioning of Young Persons
Chapter 3: Representing a Young Person
Chapter 4: Jurisdiction of the Youth Justice Court
Chapter 5: Bail Hearings
Chapter 6: Extrajudicial Measures
Chapter 7: Negotiations With the Crown
Chapter 8: Judicial Pre-Trials
Chapter 9: The Trial
Chapter 10: Sentencing
Chapter 11: Post-Finding of Guilt Considerations
Chapter 12: Privacy Rights, Publication Bans, and Youth Records
Chapter 13: Repercussions in the Education System
Chapter 14: Youth Involved in the Child Welfare and Criminal Justice Systems

Appendix: Youth Criminal Justice Act
Table of Cases

"[T]his is probably the best book on the subject available today for practitioners but it is as well a great repository of information and guidance for judges. In the final analysis, allow me to state that the co-authors have blended skillfully a number of major themes that bedevil our work on a daily basis, and have made useful and abundant reference to academic materials, leading to a wealth of thoughtful observations, the whole being augmented by reason of a thorough thematic structure that promotes ease of understanding."

Read the full review here.

—Justice Gilles Renaud, Ontario Court of Justice
Excerpt from Provincial Judges Journal, (Summer 2017) Vol. 40 No. 1,
The Canadian Association of Provincial Court Judges.

"That the authors include both Crown and defence counsel heightens this book’s great success, and marks a point of distinction—none of the authors of the other major YCJA texts include an active defence counsel. This shared Crown-defence authorship provides not only for a balanced perspective on YCJA cases, but also allows the authors to speak authoritatively on practice issues that are not (yet) the subject of judicial commentary. Such comments will no doubt offer assistance to judges dealing with these issues.

Prosecuting and Defending Youth Criminal Justice Cases is an ideal handbook for practitioners who are new to the youth criminal justice system, as well as those who practice in it regularly."

—Daniel Goldbloom, Criminal Defence Lawyer, Goldbloom Law
Excerpt from For The Defence, (March 2017) Vol. 37 No. 4,
The Criminal Lawyers’ Association Newsletter.
Reproduced by permission of Thomson Reuters Canada Limited.

"This title includes a wealth of information, and as mentioned earlier, is aimed directly at practitioners. It has a place in the collection of any lawyer or firm that handles youth justice cases. In addition, it is suitable for courthouse libraries that serve these members of the bar, or the youth and parents themselves who may wish to know more about the process. The book would certainly be a nice to have in an academic collection that supports practical courses in youth justice or criminal procedure. Law students benefit greatly from information that can teach them what the practice of law actually looks like, day to day. In particular, academic institutions supporting clinics that take on youth justice cases should seriously consider purchasing this title."

Read the full review here.

—Heather Wylie, Law Librarian, Alberta Law Libraries

"It has been thirteen years since the Youth Criminal Justice Act came into force in 2003 and the law itself has entered its adolescence: the jurisprudence has come of age. Practitioners have now developed significant expertise and a wide range of jurisprudence has been decided under the law, operating as it does in the context of adolescents’ developmental stage and a globalized social context where social media connectivity and technological literacy are crucial features of adolescents’ lives. It is abundantly clear from the operation of the law that matters falling under the YCJA are very often legally complex. Further, the representation of youths poses, for practitioners, significant ethical challenges, while it also has weighty consequences in young peoples’ lives, and those of their families.

Through this text, the authors—who have substantial practical and policy-related experience dealing with YCJA cases—convey a rich array of practical advice and information grounded in a deep appreciation of the social context of youth criminal justice in Canada. The work is unique amongst YCJA textbooks because, instead of being designed chiefly for students and academics, it is geared to be used by legal practitioners, be they members of the defense Bar or Crown.

The book takes its readers through each stage of the youth justice process, summarizing the applicable law for each and providing practical pointers throughout. In addition to its clear, expositive writing, the book offers handy sample lists of suggested questions to be asked of witnesses and clients, as well as practical checklists, and precedent document templates.

It is an excellent resource and an eminently worthwhile acquisition for practitioners and firms."

—Dr. Rebecca Bromwich

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Prosecuting and Defending Youth Criminal Justice Cases: A Practitioner's Handbook ebook (Lifetime Access)

Format: Digital
Cover: Online
Colour: Two Colour
Status: Available

Price: $99.00

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