CRIMINAL LAW

WHAT IS CRIME?

The actions or behaviour of the person must be considered immoral (wrong) by most Canadians. The persons actions must cause harm to society and any individual victims The harm caused by the persons actions must be serious. The person must be punished by the criminal justice system for his or her actions

WHAT IS IMMORAL BEHAVIOUR

Behaviour is classed depending on societies belief as

Legal Decriminalised (still illegal)

Fines Fines, Criminal record and possible jail time

Illegal (criminalized)

Legal Dying hair purple Wearing religious shirt Drinking when you turn 19 Using a cell phone in a theatre Protesting with pickets

Illegal Purchasing alcohol if 18 or under Speeding

Criminal Theft Assault

Drinking in a public place Possessing Marijuana Cutting down certain trees Burning leaves Kidnapping Trespassing

JUSTICE IN CANADA

Plato wrote justice is fairness

Fairness:

process must be impartial to the accused, and treated as like cases

Efficiency

The process must be timely

Officials must exercise self-discipline in the treatment of the accused The accused must understand the process and charges

Restraint

Clarity

Accountability

Government officials must be held accountable for their actions The accused must be allowed to play an active part in the process and it must be open to public scrutiny

Participation

Protection

To guard the accused from harm all procedures must be regulated.

PURPOSE OF THE CRIMINAL JUSTICE SYSTEM

Protect

People and Property Provide consequence or punishment Enforce the morals based on the beliefs of most Canadians Guide lines for people to work with. People from committing crime Provide skills or opportunities for people to break their habits

Retribution

Preserve standards

Order

Deter

Rehabilitate

WHO MAKES THE LAW

Criminal law falls under the federal government

The Criminal Code is written and amended by the federal government. While not writing laws has the power to interpret the law and outline how they should be treated. This occurs when the court rules on a case creating national importance and setting precedent or guidelines for similar cases When looking at laws if the supreme court feels that they have restricted our charter rights to much they can:

The Supreme Court of Canada.

Read down: state that law is acceptable but not in this case Strike down: rule law is invalid and no longer in effect.

THE PROVINCES ROLL

Pay for the bulk of the administration of the criminal justice system.

This includes the cost of judges and running trials in the provincial courts.

Provinces can also in act laws in areas of their powers called QuasiCriminal- Law:

These laws usually have a fine but may include some provincial jail time. Traffic act, wildlife act etc

Municipalities pass bylaws

Rules for each municipality that result in fines if broken.

CLASSES OF CRIMES

Summary conviction offences:

These crimes are minor in nature, with less sever penalties and tried quickly. Statute of limitation, is only for minor crimes in Canada and is 6 months The maximum penalty is up to $2000.00 and or 6 months in prison.

Indictable offences:

These are serious crimes with sever penalties The criminal codes sets the maximum penalty of each offence. There is no statue of limitations
Most crimes are hybrid in the criminal code meaning that the crown attorney can decide to charge them either way. Until the crown determines what they will charge them as they are Indictable

Hybrid offences:

ELEMENTS OF A CRIME

For a person to be found guilty the Crown must prove two elements:

Actus Reus

The guilty act the person actually committed the wrongful deed

Mens Rea

The Guilty Mind The person knew what they were doing was wrong or intentional, negligent, reckless, or wilfully blind Intent: shows that someone desired or planned to carry out a wrongful act. Knows what the results will be and is reckless regarding the consequences

General Intent: desire to commit a wrongful act with no ulterior motive Specific intent: committing on wrongful act to accomplish another Knowledge: proves that a person was aware of a wrongful act.

Criminal Negligence: Every one is criminally negligent

Doing anything Or omitting to do anything that is their duty

Shows a wonton disregard for the lives or safety of other persons Recklessness: Consciously taking an unjustifiable risk Willful blindness: closing ones eyes to the consequence of ones actions.

Motive: Is the reason for committing a certain act.

Having a reason does not establish guilt

Attempt act done with the purpose of committing a criminal offence Conspiracy Agreement between two or more people to commit a crime (must be serious intent)

CRIMES WITH OUT MENS REA

Regulatory laws do not need mens rea

Strict Liability Offences: Offence takes place but person can argue they did every thing they could to prevent it. (oil spill) Absolute Liability offences: There is no defence, driving without a licence and speeding would be examples of this.

PARTIES TO AN OFFENCE

Perpetrator: Person who actually commits the crime. Aiding (aider) helping the perpetrator commit a crime. Abetting (abettor) Encouraging a person to commit a crime (egging them on) Counselling: advising, recommending or persuading another to commit a crime.

Accessory After the Fact: Person knowingly helps the perpetrator after the crime by hiding them, helping with their spoils or assisting them evade police Party to a common interest: which two or more people when committing a crime are responsible for anything that happens during their offence Organized Crime: Group of three or more people that share a common identity, that engages in criminal activity

SHOULD PARENTS RIGHTS BE RESTRICTED TO TEACH THEIR CHILDREN WHAT THEY TEACH.