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Introduction to Criminal Law

+What is a Crime?

“Crimes are wrongful acts that the State recognizes as deserving of control and punishment in the interests of society as a whole. When such wrongs are detected, the State prosecutes the alleged perpetrators to ensure the safety of the public and to preserve the rule of law, which is the foundation of our democratic society.”

- Justice McDermid (Ontario Superior Court)

+What is Crime?

What can we take from that quote? Public dimension to criminal law Alleged criminals are prosecuted by the state on

behalf of us all Prosecution is not the responsibility of the victim Victim remains uninvolved or minimally involved Ensure the safety of the public Preserve rule of law

Applies equally to all persons, no one is above the law

+ A Crime is any…

Harmful act or non-act

That threatens society, and

Must be dealt with

+So…what’s the purpose of Criminal Law?

+Purpose of Criminal Law

To protect individuals and society from being harmed

To punish Criminals

To protect the innocent

To inform society as to what is considered a crime

To show differences between serious and minor crimes

+The Criminal Code of Canada

+The Criminal Code of Canada

Is a statute, passed and amended by the federal Parliament

Outlines which actions are considered crimes

How offences are prosecuted

What penalties are imposed

It applies in every Canadian province and territory

It is the most comprehensive statement of the law of crime and punishment in Canada

+The Criminal Code of Canada

Group Activity: Examining the Criminal Code of Canada Group 1: Bigamy Group 2: Extortion Group 3: Burial, Neglect Group 4: Conspiracy Group 5: Fortune Telling

How does the Criminal Code define the crime? What is the punishment?

+Criminal Code of Canada

Other statues deal with crimes such as Controlled Drug and Substances Act: which deal specifically with drug offences

The Code is regularly amended to reflect societal concerns, emerging issues, etc.

Can you think of an example of a criminal law that has changed because of social changes or emerging issues?

+Judge-Made Criminal Law

The Code set out offences, judges interpret them

Judges rely on legal precedents to assist in the interpretation of provisions that are often ambiguous

Judges expand definitions of crime to cover behavior not specifically addressed by the Code Precedent

+Case Study: R v. Cuerrier

Read pages 234-235

Answer #1-2 on pg. 235

+Criminal Code of Canada

Retribution

Involves the public denouncing and punishing of wrongful behavior

Meant to reaffirm social values and deliver justice

Focuses on providing a fitting response by society to wrongdoing

Punishment must respect the rights and liberties of an accused person

It should be fair

+Criminal Code of Canada

Protection of Society

Purpose is more forward thinking

Intent is to make society safer be deterring future wrongdoing and by rehabilitating wrongdoers

Focus in on public safety and the prevention of crime

Must be a balance between this protection principle to extending the states use of criminal law power and the rights and freedoms of its people

What is more important to you? Punishment or Rehabilitation?

+Criminal Code of Canada Principles of Justification

Private Harm Principle The prevention of harm to individuals

Public Harm Principle The prevention of harm to public institutions and

practices

Legal Paternalism The prevention of harm to the self

Legal Moralism The prevention of immorality

+Criminal Code of Canada

Citations

In a Criminal trial, it is the government – in the name of the king or queen – who prosecutes the accused.

This is why criminal cases are named like this:

R. v. Eaton (2009)R. v. Srouji (2003)

+Criminal Code of Canada

Citations

R v. Rocha (2014)

R = Rex (King) or Regina (Queen)

V = versus (Against)

The name that follows = the Accused

The year = year the decision was given

+Criminal Code of Canada

Citations

Governments acts for the benefit of society in general

Does not act for the individual victim

If the accused is convicted, the person would be given a fine or penalty

The purpose of the punishments is to punish OR rehabilitate the offender AND to discourage others from breaking the law

+Who Commits Crime?

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+Who Commits Crime?

During the 19th and 20th Centuries, two theories emerged

1. Chicago School: Theory that people are not simply born good or bad –

they are influenced by the people, social situations, and other external forces that surround them

+Who Commits Crime?

2. Sigmund Freud

Linked crime to individual psychology

He believed that all humans have criminal tendencies, but that these are modified through inner controls learned through childhood

+Who Commits Crimes?

Criminologists looked for more complex explanations, given the fact that crime continued to grow even though individuals were generally better off and protect by a more elaborate social safety net.

+Who Commits Crimes?

Research in the 1960s revealed two discoveries….

+Who Commits Crimes?

#1

Girls were much less likely to engage in illegal behaviour than boys

Vast majority of all male participants reported having committed illegal acts that cold have landed them before youth courts

+Who Commits Crime?

#2

Children or parents with professional jobs were just as likely to report having committed illegal acts as the children of poorer parents with low status jobs

+Who Commits Crime?

Most experts now agree that the social status and income of the parents have little or no direct effect on the likelihood that children will turn to delinquency

+Who Commits Crime?

Children most “at risk”

1. Receive little love, affection or warmth and are physically or emotionally rejected and/or abandoned by their parents

2. Inadequately supervised by parents who fail to teach them right from wrong, do not monitor their whereabouts, friends, or activities and who discipline them erratically and harshly

3. Conflict in homes, martial discord, violence, limited coping resources, social isolation, poor parenting skills.

+Who Commits Crime?

Most Canadians commit crimes at some point…

Most Criminal offences are committed by men at the extremes of the social spectrum

Criminal who are without legitimate employment sometimes destitute are most feared by the public and responsible for a large share of street crime

White collar criminals, who are responsible for more deaths and steal much more money than the poor, are seldom called criminals Do you agree?

+Textbook Questions

Read Pages 243-244 Answer Questions 1-3

Read Pages 245-246Answer Questions 1-3