Criminal Law

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

MotiveKnowledgeRecklessnessWilful blindnessRegulatory LawsLiabilityStrict Liability OffenseDue diligence Absolute Liability Offence

There were two brothers, Willie and Billie. One of them always lied, and the other always told the truth. Unfortunately, we don’t know which was which. Read the story below about the bank robbery and then identify the robber, basing your identification on the information supplied.

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 couldn’t 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

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

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.

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.

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?

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).

http://www.youtube.ca/watch?v=d0SJ-GykaY8&feature=related

Major PurposesProtect People and PropertyMaintain OrderPreserve Standards of public decency

The Criminal CodeFederal 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.

Federal and Provincial Prerogatives towards the Criminal LawSection 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.

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 involvedThere 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

The police do not make law, they enforce it

The police: investigate crimes gather the evidence arrest suspects bring suspects to court

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

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

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

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)

Oh – and death – capital punishment has been abolished in Canada in 1976

The Elements of a Crimehttp://www.saskschools.ca/curr_content/law30/crimina

l/lesson6/6a.htmlThere are two things that have to be proven in a court

of law before it will convict someone of a crime:the 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.

Elements of the Crime

Specifics of Mens ReaSpecific 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.

Activities1. 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.

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 NowDecisis Just in Time