Criminal Law

Unit 2

Chapter 6

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

To be considered a crime…To be considered a crime…

• Act or omission considered wrong Act or omission considered wrong by societyby society

• Causes harm to society in generalCauses harm to society in general

• Harm must be seriousHarm must be serious

• Remedy/solution is handled by the Remedy/solution is handled by the criminal justice systemcriminal justice system

Criminal LawCriminal Law

• Body of laws that prohibit/punish acts that Body of laws that prohibit/punish acts that injure individuals, property, and the injure individuals, property, and the community.community.

• Main purpose of criminal law is to:Main purpose of criminal law is to:• Protect people and propertyProtect people and property• Maintain orderMaintain order• Preserve standards of public decencyPreserve standards of public decency

Criminal Code of CanadaCriminal Code of Canada

• Federal statute that contains the majority of the Federal statute that contains the majority of the criminal laws passed by parliamentcriminal laws passed by parliament

• Not only contains Not only contains offensesoffenses, but , but sentencessentences to be to be imposed and imposed and proceduresprocedures to follow when trying to follow when trying the accused of a crime.the accused of a crime.

• Meant to reflect the social values of Canadians. Meant to reflect the social values of Canadians. • Thus can be amended. (ex. Laws on sexual Thus can be amended. (ex. Laws on sexual

abuse, airplane hijacking, credit card fraud)abuse, airplane hijacking, credit card fraud)

Criminal Code OffencesCriminal Code Offences

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

Other Federal/Provincial ActsOther Federal/Provincial Acts

• Controlled Drug and Substance ActControlled Drug and Substance Act

• Customs ActCustoms Act

• Youth Criminal Justice ActYouth Criminal Justice Act

• Food and Drug ActFood and Drug Act

• Income Tax ActIncome Tax Act

• Liquor Control ActLiquor Control Act

• Highway Traffic ActHighway Traffic Act

Classifications of Crimes

• Classification is based on the SERIOUSNESS of the offence

• 3 classifications• Indictable• Summary Conviction• Hybrid or Dual Procedure

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.

I. Indictable offences

• Most serious of all offences

• Ex. Murder, armed robbery, kidnapping

II. Summary Conviction Offences

• Also just called “Summary” offences

• Least serious of all types of offences

• Ex. Theft under $5000, prostitution, tresspassing.

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.