Criminal Law

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Criminal Law

• Unit 2
• Chapter 6

2
Why should some behaviors be considered a crime?

• Victims of the behavior
• Direct crime against specific person(s)
• Indirect-society
• How is society a victim?
• Financial cost, human cost, psychological cost,
  behavioral cost

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To be considered a crime

• Act or omission considered wrong by society
• Causes harm to society in general
• Harm must be serious
• Remedy/solution is handled by the criminal
  justice system

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Criminal Law

• Body of laws that prohibit/punish acts that
  injure individuals, property, and the community.
• Main purpose of criminal law is to
• Protect people and property
• Maintain order
• Preserve standards of public decency

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Criminal Code of Canada

• Federal statute that contains the majority of the
  criminal laws passed by parliament
• Not only contains offenses, but sentences to be
  imposed and procedures to follow when trying the
  accused of a crime.
• Meant to reflect the social values of Canadians.
• Thus can be amended. (ex. Laws on sexual abuse,
  airplane hijacking, credit card fraud)

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Criminal Code Offences

• http//www.cnpea.ca/criminal_code_offences.htm

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Other Federal/Provincial Acts

• Controlled Drug and Substance Act
• Customs Act
• Youth Criminal Justice Act
• Food and Drug Act
• Income Tax Act
• Liquor Control Act
• Highway Traffic Act

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Classifications of Crimes

• Classification is based on the SERIOUSNESS of the
  offence
• 3 classifications
• Indictable
• Summary Conviction
• Hybrid or Dual Procedure

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Why do we need to classify crimes?

• Based on the seriousness of the offence, the
  following are affected
• Procedures followed by the police (Ex. Arrest,
  searching etc.)
• Court process and which court will be used (Ex.
  Preliminary hearing, bail, jury)
• Range of Possible punishments available
• How it is treated is usually defined in the
  criminal code.

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I. Indictable offences

• Most serious of all offences
• Ex. Murder, armed robbery, kidnapping

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II. Summary Conviction Offences

• Also just called Summary offences
• Least serious of all types of offences
• Ex. Theft under 5000, prostitution, tresspassing.

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III. Hybrid or Dual Procedure Offences

• Some offences may be considered as either summary
  OR indictable
• If they can be treated as either/or, then they
  are said to be HYBRID
• Crown is asked by the judge to decide how they
  wish to treat the crime.
• Usually based on the consequences of a behavior
  or circumstances
• Until stated by the crown, it would be treated as
  serious!
• Ex. Assault, public mischief, failing to stop at
  the scene of an accident.