Criminal Law

1
The Nature of Crime

• Criminal Law

2
Key Concepts

• Crime
• Criminal Law
• Criminal Negligence
• Quasi- criminal laws
• Actus reus
• Mens rea
• Intent
• General intent
• Specific intent

3
Concepts 2

• Motive
• Knowledge
• Recklessness
• Wilful blindness
• Regulatory Laws
• Liability
• Strict Liability Offense
• Due diligence
• Absolute Liability Offence

4
Puzzle

• There were two brothers, Willie and Billie. One
  of them always lied, and the other always told
  the truth. Unfortunately, we dont know which was
  which. Read the story below about the bank
  robbery and then identify the robber, basing your
  identification on the information supplied.

5
Story

• Police Officer Clarkson saw two men run out of
  the rank at the corner of First and Maple. One
  was wearing a yellow cap and the other was
  wearing a green cap. Officer Clarkson couldnt
  tell which of the men had robbed the bank.
  Fortunately, Willie saw the whole thing. He told
  the officer the colour of the hat the robber was
  wearing. Later that day, Billie told his sister
  Cameron who the robber was. Willie told me the
  robber was a wearing a yellow cap, he said

6
Answer

• The robber was the man wearing the green cap.
  Suppose that Willie is the brother who always
  lies and Billie always tells the truth. In this
  case, Willie would have said the robber was
  wearing a yellow cap, and Billie would have
  reported this truthfully to his sister. But since
  Willie always lies, the cap must have been green.
  Now suppose that Billie is the liar. In this
  case, Willie would have reported truthfully that
  the robber was wearing green, but Billie would
  have changed the cap colour when telling his
  sister what Willie told him In either case, the
  answer is green

7
Crime

• A crime is any act or omission of an act that is
  prohibited and punishable by federal statute.
• Omission of an act means that some crimes are not
  acts in the strict sense, but rather failure to
  act in certain situations.

8
Possible Crime

• Two students who know each other well are play
  fighting. When their teacher asks them to stop
  ,the students indicate that their actions are
  okay because they know each other and are just
  fooling around. Two days later, one of the
  students comes to the teacher because that
  friend from the other days has just given him a
  black eye.

9
Questions for Discussion

• What action, if any should be taken against the
  student(s)?
• How is the teacher to know when the students are
  play fighting and when they are not?
• If you were a teacher or authority figure ,how
  would you handle a situation in which students
  tell you that they do not mind inappropriate
  fighting, touching, or comments because the
  person responsible is their friend?

10
Four Conditions MUST exist to consider an act or
its omission as a crime

• The act is considered wrong by the society.
• The act causes harm to society in general or to
  those (such as minors) who need protection. ( To
  spank or not to Spank!)
• The harm must be serious .
• The remedy must be handled by the CJS ( criminal
  justice system).

11
Defining a Criminal Law

• http//www.youtube.ca/watch?vd0SJ-GykaY8feature
  related
• Major Purposes
• Protect People and Property
• Maintain Order
• Preserve Standards of public decency

12
The Criminal Code

• Federal statute that contains the majority of the
  criminal laws passed by the Parliament.
• Lists offenses and sentences to be imposed and
  the procedures to follow when trying accused for
  the crimes (e.g. protecting children from sexual
  abuse bill C-7 exploring the background of
  people wishing to work with children( bona fide
  occupational)
• Laws in Criminal code are added, revised and
  repealed to reflect the changing social values of
  the majority of Canadians.

13
Federal and Provincial Prerogatives towards the
Criminal Law

• Section 91(27) of the Constitution
  Act,1867,granted the federal government the power
  to exercise legal authority to make criminal
  laws for Canada
• The provinces have the power to pass laws on
  matters that fall under their jurisdiction (e.g.
  traffic laws, liquor regulations)
• Provincial laws that prohibit the sale of tobacco
  to people under a certain age are considered
  quasi-criminal laws, and the usual punishment
  for them is paying a fine.

14
CRIMINAL LAW

• Is a public matter to do with issues that affect
  everyone e.g. theft, murder
• It is used when specific laws have alleged to
  have been broken
• The Crown (i.e. the Government) prosecutes on
  behalf of the public
• The police are always involved
• There are felonies (serious crime like theft) and
  misdemeanours (less serious crime like driving
  offences or public order e.g. drunk and
  disorderly)
• The penalties are fines and/or imprisonment

15
ENFORCING THE LAWTHE POLICE

• The police do not make law, they enforce it
• The police
• investigate crimes
• gather the evidence
• arrest suspects
• bring suspects to court

16
ENFORCING THE LAWTHE JUDGE

• The judge makes sure the trial is conducted
  properly
• The judge does not (except in special
  circumstances) decide whether someone is innocent
  or guilty
• The judge imposes the sentence

17
HOW CRIMINAL LAW WORKS

• Less serious cases are heard in a Provincial
  Court ( quasi- criminal cases)
• More serious cases are heard in a Supreme Court
• In a Provincial Court the case is heard by
  either one full-time judge .
• In the Supreme Court the case is heard by a
  judge and jury
• The Supreme Court can impose much tougher
  sentences than the Provincial Court
• The accused is presumed innocent until proved
  guilty

18
ENFORCING THE LAWTHE JURY

• The jury is made up of 12 adults chosen at random
• The jury decides whether the accused is innocent
  or guilty
• Juries only sit in the Supreme Court
• The jury have all to agree on the verdict,
  although if they cannot agree the court will
  accept a majority of at least 10 to 2

19
ENFORCING THE LAWSENTENCES
Discharge absolute let off conditional let
off provided you behave for a set period
Fine Supreme Court unlimited Provincial
Court up to 5000
Community sentence includes work for
community, curfew, exclusion order, reparation
Prison up to full life for serial murder Prison
for over-21s Young Offenders Institution 18 21
(in theory)
20
ENFORCING THE LAWSENTENCES
Oh and death capital punishment has been
abolished in Canada in 1976
21
The Elements of a Crime

• http//www.saskschools.ca/curr_content/law30/crimi
  nal/lesson6/6a.html
• There are two things that have to be proven in a
  court of law before it will convict someone of a
  crimethe actus reus and the mens rea of an
  offence as set out in the Criminal code.
• Actus reus (prohibited act) - the guilty act or
  guilty omission. An act is doing something that
  you shouldn't and an omission is not doing
  something that you should have.
• Mens rea (criminal intent) - the guilty thought
  or mind. This is either having the intention to
  do something like murder or theft, or you can
  have the mind to be reckless.

22
Elements of the Crime
23
Specifics of Mens Rea
Specific forms of mens rea
General Intent The accused need not have planned to commit the offence or cause the act. The accused need only commit the wrongful act.
Specific Intent A criminal offence that was committed with awareness of the act by the accused.
Recklessness The accused paid no heed or regard to the injurious outcome their actions may have on others.
Willful Blindness The accused purposely fails to consider the potential of their actions being criminal out of a desire to not know the truth.
24
Activities

• 1. Identify which form of mens rea could have
  occurred for each situation.
• 2. Explain in your notebooks which statements are
  true examples of men rea and why or why not.
• The striking of one person by another, during a
  heated argument.
• Breaking into a house with the intent to steal
  stereo equipment.
• Causing of an accident by speeding and weaving
  from lane to lane in traffic.
• Purchasing a stereo from a man in a pool hall at
  an unbelievably low price.

25
Assignment ( Due ,May,10)

• Locate articles in a newspaper, magazine,
  newspaper or online detailing the background of a
  crime.
• Chose one crime article and prepare a one page
  write up describing the substantive elements of
  the crime.
• Be sure to use a Canadian crime.
• Suggested magazines include
• Law Now
• Decisis
• Just in Time
•