Criminal Law

Criminal Law:Nature of Criminal LawThe Elements of a CrimeTypes of Criminal OffensesJustice: What is justice in Canada?The Need for Criminal LawPurposes of criminal law:RehabilitationPrevent recidivismAddress underlying issuesReintegration into communityProtection/PreventionThreat of punishmentSets standardsPunishmentIsolationDeprivationHow do these relate to the 3 approaches to justice (retributive, rehabilitative, restorative)?The Nature of Criminal LawThe Criminal Code reflects the values of society by declaring certain actions to be criminal. Reform of the Criminal Code usually reflects a shift in these values and may occur because of public pressure.

Conditions for Criminality The action must harm other people.The action must violate the basic values of society.Using the law to deal with the action must not violate the basic values of society.Criminal law can make a significant contribution to resolving the problem.(Law Commission of Canada)

Conditions for Criminality

Elements of a CrimeActus reusWrongful deed that is prohibited by law. 1) Action/2) Failure to actMust be present at the same timeMens reaA guilty mind1) Intent True purpose of the actGeneral (limited to the act, no further criminal purpose)Specific (further criminal purpose)2) KnowledgeNeed not prove an intent3)RecklessnessCareless disregard, even if intent to harm not present.Criminal Code of Canada: History England resistant to codification, colonies experimented

Canadas Efforts 1867- Codification a goal of Sir John A Macdonald 1869- set out explicit authority to federal government consolidation in coinage offenses, forgery, larceny, personal, property, perjury, procedure. 1892- Original Criminal Code achieved "Just think of it Canada in the van! The first to enact a complete codification. It is far and away the best measure of the kind ever submitted to any legislature."

Canadian Criminal Code: http://laws-lois.justice.gc.ca/eng/acts/C-46/

Criminal Code of Canada: SelectionsMens rea? (intent, Knowledge, Recklessness)Actus reus? (Action, Inaction)Punishment?Legal terms?Criminal Code of Canada: Selections

Mens rea? (intent, Knowledge, Recklessness)Actus reus? (Action, Inaction)Punishment?Legal terms?Criminal Code of Canada: Selections

Mens rea? (I, K, R)Actus reus? (A, I)Punishment?Legal terms?Criminal Code of Canada: Selections

Mens rea?Actus reus?Punishment?Legal terms?Criminal Code of Canada: Common Crimeshomicideculpable homicidenon-culpable homicidemurdermanslaughterinfanticidefirst degreesecond degreeaccidentalself-defenseSection 231Planned and deliberateLaw enforcement officerIn concurrence with other crimeRelated to criminal harassmentWhile using explosivesRelated to terrorismAll other intentional murder (heat of the moment) unintentional, directly, indirectly by means of unlawful act result if defense of provocation or intoxication used in murder case (mens rea)Criminal Code of Canada: Common CrimesLevel 1Level 3Level 2SeverityPunishmentAssault direct/indirect intentional force without consent attempting/threatening to apply forceApproaching, blocking, begging with weapon/imitation ofAssault causing bodily harm committing Assault while using a weapon or causing bodily harm bodily harm: interfere with health/comfort in more than a fleeting wayAggravated Assault committing Assault that wounds, maims, disfigures or endangers life mens rea required: commit bodily harm

Criminal Code of Canada: Common Crimes

Criminal Code of Canada: Offenses and PenaltiesIndictable Offenses Life ImprisonmentAccessory (murder), Criminal negligence causing death, ExtortionMail interference, Sexual assault (aggravated), Terrorism14 yearsAggravated assault, Counterfeit money, Perjury, Piracy, Passport forgery 10 years Abduction (under 14), Prison breach, Theft over $5000 5 years Abduction (under 16), Fire (negligence), Polygamy, Unlawful drilling 2 yearsAbandoning child, Common bawdyhouse, DuelingSummary Offenses 6 months Coin defacing, Impersonating a peace officer, SolicitingHybrid Offenses False alarm fire, Mailing obscene matter, Uttering threats