Unit 2

What is crime?

An act or omission of an act that is prohibited and punishable by federal statute.Omission: a failure to actStatute: a law enacted by the legislative

branch of government

Criminal Law

The body of laws that prohibit and punish acts that injure individuals, property, and the community.

Purpose: Protect people & property Maintain Order Preserve standards of public decency

4 Conditions of a Crime

1. The act is considered wrong by society.

2. The act causes harm to society in general or to those (such as minors) who need protection.

3. The harm must be serious.

4. The remedy must be handled by the criminal justice system.

1. The act is considered wrong by society.

Can vary over time. Can vary based on place.

i.e. adultry (cheating on your spouse) used to be illegal in Canada.

Prostitution is legal in the Netherlands, but not in Canada.

Possession of marijuana is considered a less serious offence.

2. The act causes harm to society in general or to those (such as minors) who need protection.

Theft…what’s the impact? Owner loses money Increases prices

Customers pay higher prices less $ to

spend on other things.

Crime Prevention Programs Crime Stoppers Neighbourhood Watch Block Parent

The Criminal Code

Federal Statute Lists offences AND the sentences to be

imposed. Outlines procedures to follow when

trying those accused of a crime. Reflects societies values. Changes are made by amendment by

Parliament.

History July 1892 Has been amended almost every year

since. 1955: reformed from 1100 sections to

753. 1986: Revised draft: less complicated,

better organized, easier to understand…did not pass.

Has NEVER been a complete revision.

Recent Changes in the Code Sexual abuse Bill C-7 October 18, 1999. Criminal records checks of pardoned

sex offenders available for background checks.

Allows police to explore the background of ANYONE wishing to work with children.

Terrorism

Technology

Changes in societal values, i.e. divorce, women’s rights, abortion, marijuana use, etc.

Other Federal Laws

Controlled Drug & Substance Act Customs Act Competition Act Youth Criminal Justice Act Food & Drug Act Income Tax Act

Provincial Jurisdiction

Each provincial government appoints its own judges and pays for an administers its own provincial court system.

Power to pass laws on matter that fall under their jurisdiction (remember…traffic, liquor, etc).

May transfer jurisdiction to municipalities if they desire.

Quasi-Criminal Laws Laws covering less serious offences at the

provincial or municipal level; most often punishable by fines.

○ Liquor Control○ Highway Traffic○ Wildlife Act

May differ by province, i.e. Quebec’s drinking age is 18, not 19.

Elements of a Crime Actus Rea + Mens Rea = Crime

Actus Rea: “the guilty act” – voluntary action, omission, or state of being that is forbidden by the Criminal Code.

Mens Rea: “”the guilty mind” – a deliberate intention to commit a wrongful act, with reckless disregard for the consequences.Knowledge: an awareness of certain facts that

can be used to establish mens rea.

Elements of a Crime Intent: a state of mind in which someone

desires to carry out a wrongful action, knows what the results will be, and is reckless regarding the consequences.General Intent-the desire to commit a wrongful

act, with no ulterior motive: hitting / assaulting someone out of anger.○ Usually easier to prove…may explain reduced

charges such as manslaughter vs. first degree murder.

Specific Intent-the desire to commit one wrongful act for the sake of accomplishing another: hitting / assaulting someone with the intent of stealing from them.

Elements of a Crime Motive: the reason a person commits a

crime…different than intent. Intent refers to a person’s state of mind

and willingness to break the law.Killing your mother to receive the

inheritance…inheritance is MOTIVE, but does not establish her intent…whether she meant to do it.

Intent is established by The Crown by showing the killing was “planned and deliberate.”

Elements of a Crime Criminal Negligence: reckless disregard for

the lives and safety of others, sometime causing serious injury or death…Titanic.

Wilful Blindness: deliberate closing of one’s mind to the possible consequences to one’s actions,

○ i.e. you buy a laptop that has the name of the school on it…you know it is stolen from the school, but you still buy it because the price is so good. You have the necessary mens rea because you have been wilfully blind.

Liability

Regulatory Law: laws made to protect the public welfare, i.e. speed limits, hunting regulations, environmental protection.Crown DOES NOT have to establish mens

rea.

Liability

Strict Liability: the accused acknowledges the offence occurred, but offers the defence of due diligence, which means every reasonable precaution to avoid committing the offence was taken.i.e. pollution

Liability

Absolute Liability: no possible defence.Driving without a licence, exceeding the

speed limit.No defence, usually a fine.

Case Study Pg. 151. Read the case study. Individuals, partners or groups of 3. Answer the 4 questions.

HOMEWORK: Check your understanding by reading / reviewing Chapter 6.