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Instructions: Read these two cases and answer the questions below for each case.
Case One:
Roland and two friends, all 14 and over, had a few beers and began cruising the streets hoping
to find something to make their evening a little more interesting. Roland was driving too fast
when the three noticed a car full of girls. They tried to catch up with the girls and attract their
attention but Roland lost control on a sharp curve and his two friends were fatally injured.
Roland was convicted of two counts of dangerous driving causing bodily harm. Roland felt
terrible remorse for the accident and the families of the youth made submissions to the judge in
the form of victim impact statements. In their statements, one told the judge they didn’t think a
jail term was warranted and that Roland had suffered enough. He had lost his two best friends
and felt terrible guilt. Another family wanted the harshest punishment available.
Case Two:
Joey’s birth mother was an alcoholic who drank heavily while she was pregnant with Joey. Joey
was born with Fetal Alcohol Syndrome (FAS) . Joey’s mother abandoned him in a northern B.C.
hospital shortly after his birth. Joey was taken by the Superintendent of Family and Child
Services when he was 10 days old and he has been a ward of the government ever since.
A caring foster family raised Joey until his foster mother became too ill to do any more fostering.
Joey was 14. His new foster parents didn’t understand Joey’s needs very well. Joey needed a
lot of structure in his daily life and the new family couldn’t provide it.
Joey got into trouble with the law and ended up in a group home in a rural interior area of the
province. Joey managed quite well in the group home until there were a lot of staff changes. He
then became quite confused and frustrated. In fact, he tried to start a fire under the home porch,
hoping he would be sent away from the place. However, another resident put it out and the staff
didn’t do much more than express anger at Joey.
However, one evening, while all but a couple of the boys were asleep, Joey set another fire. He
removed the fire extinguishers from the home, pushed a couch against one of the doors,
doused the place with kerosene and torched it. Most of the residents were awakened and
escaped but suffered injuries.
The psychiatrist who interviewed Joey explained that the brain of a child afflicted with FAS is
injured before birth and that it is a permanent cognitive disability. She went on to say Joey
displayed many of the characteristics of individuals with FAS. Here are some of them:
He is easily frustrated
● He is quick to anger and the extent of his anger often seems out of proportion to the
event that caused his anger
● He is extremely impulsive
● He does not learn by being told what to do or not to do
● He is immature for his age
● He has difficulty relating cause with effect
● He has no ability to grasp abstract concepts
● He lives only for the present and does not consider future events
Consider:
Principles of sentencing from the lesson (use this resource and scroll down to youth sentencing)
Purpose of sentencing from the lesson
His previous dealings with the police
His compassion for the victim
His abilities, disabilities
What sentencing option would you choose if you had only the above information?
Explain why you chose that option using the main ideas for sentencing and the circumstances of
the crime and of the accused.
What other information do you need to about in this case before deciding on a sentence?
How are these two cases different? In which ways are they the same.
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