UNIT 2

CRIMINAL LAW

Crime – an act or omission of an act that is prohibited and punishable by federal law.

Omission of an Act – failure to act in certain situations. (not stopping when in an accident)

Criminal law – law that identifies crimes and prescribes punishment.

Why does society criminalize certain behaviours?Crimes not only affect individuals but also society. The government has a responsibility to act against people who commit crimes.

Four conditions must exist for an act

or omission to be a crime:

1. It is considered wrong by society.

2. It causes harm to society or to

those who need protection.

3. The harm must be serious.

4. The remedy must be handled by

the criminal justice system.

Levels of Criminal Offences

Summary conviction offence – a crime considered less serious and

has a lighter penalty.

• can be fined up to $2000 & / or imprisoned up to 6 months

• will go through court system quickly

• tried in Provincial court by a judge – no jury

• may not have to appear in court – lawyer only

• no criminal record if convicted

Indictable offence – a crime

that is more serious and

carries a heavier penalty.

(See table on page 222)

• minimum and maximum

sentences may be set

• tried in Provincial or

Superior court

• accused can choose judge

or a jury

• criminal record if

convicted

Hybrid offence – the Crown can decide to try it as a summary or

indictable offence.

• 1st time shoplifter of goods worth $100 – summary?

• 20th time shoplifter of goods – indictable?

Elements of a Crime

To convict a person of a crime, it must be proven that 2 things existed when the crime took place.1. Actus Reus – “guilty act”. The voluntary action, omission or state of being.Read case studies on page 144 and 146.

2. Mens Rea – “guilty mind”. A deliberate intention to commit a wrongful act, with reckless disregard for the consequences.

Actus Reus Mens Rea

Actus Reus

Action – hitting someone.Omission – parents not feeding a child.State of being – possession of stolen goods.

Mens Rea

The Crown tries to establish Mens Rea in several ways:

A. Intent – person meant to do something wrong, knows the results

and does not care about consequences. (murder)

B. Knowledge – an awareness of certain facts (using a forged

document)

C. Criminal Negligence – reckless disregard for the lives and safety

of others, sometimes causing serious injury or death.

(leaving a loaded weapon for a child to find)

D. Recklessness – consciously taking an unjustifiable risk that a

reasonable person would not take.

(having an accident because you did not wear your glasses)

E. Willful Blindness – deliberate closing of your mind to the

consequences of your actions. (You don’t want to know the truth –

possession of stolen property)

Read case study on page 149.

Involvement in a Crime

A. Perpetrator – person who

actually commits the crime.

• has to be present at the scene

B. Aiding – helping a perpetrator

commit a crime. (give someone a

key to break into a store)

• do not have to be present at the

scene

C. Abetting –

encouraging the

perpetrator to commit

a crime. (you urge

someone to beat

someone up)

• do not have to

provide physical

help

D. Counselling – advising,

recommending or persuading

a person to commit a crime.

(you convince someone to

steal and tell them how to do

it)

E. Accessory after the fact –

helping a person after they

commit a crime or helping

them escape from the police.

Other Crime Terms

Party to common intention –

all people involved in a crime

can be charged with additional

crimes committed by anyone

during the original crime.

(during a robbery if someone

kills a person, all the robbers

can be charged with murder)

Attempt – the intention

to commit a crime,

even if it’s not

completed. (attempted

robbery)

Conspiracy – when 2 or

more people agree to carry

out an illegal act, even if

they do not do it.

(you hire someone to

commit murder, they turn

you in - conspiracy to

commit murder)

Crime Scene

Crime scene – the site where the offence took place.

Centre – the area in

which the offence was

actually committed.

Perimeter - the area

surrounding the center

of a crime scene, where

the offender may have

left evidence.

Why must the police preserve a crime scene?

1. To allow a good search for evidence.

2. To collect physical evidence.

3. To ensure evidence is admissible in court.

Once police collect evidence,

they usually begin to question

suspects.

Suspects can remain silent when

being questioned. Two reasons to

do so:

1. They have a right to remain

silent.

2. What they say or write can be

used against them in court.

The process of a lawful arrest

involves 4 steps:

1. Arresting officer must identify

themselves as a police officer.

2. Must tell the accused they are

under arrest.

3. Inform the accused of the

charge and show arrest warrant

– if needed.

4. Touch the accused to show

they are in legal custody.

Canada uses an adversarial justice system.

Adversarial justice system – evidence is presented to an impartial

judge or jury.

• We use this system because both sides get an equal chance to

prove that the accused is guilty or innocent.

In Canada an accused is

considered innocent until

proven guilty –

the Crown has to prove

the guilt of the accused,

the accused does not have

to prove innocence.

Roles of People involved in a Criminal Trial

1. Judge – court official who tries cases and

sentences convicted people.

• controls the courtroom

• decides what evidence can be used

• interprets the law

• instructs the jury

2. Prosecution – lawyers representing the

government in

court against the accused.

• called the Crown Attorney

• gathers evidence for trial

• takes statements from witnesses

• recommends a sentence

3. Defence – the lawyers

who defend an accused

person on trial.

• Defendant – person

charged with an offence.

• defendants may

represent themselves

• defence tries to prove a

reasonable doubt of

guilt

• if guilty, defence

recommends a sentence

4. Witness – person who gives

evidence under oath

in a court room.

• Subpoena – court order requiring a

witness to appear in court.

• Perjury – knowingly making false

statements in court while giving

evidence.

5. Jury – a group of 12 people who decide if the

accused is guilty or not guilty.

• the jury listens, examines evidence and follows

the judges instruction

• to convict, the decision must be unanimous

To be eligible for jury duty you must

be:

1. A Canadian citizen.

2. At least 18 years old.

3. A resident of the province for at least

1 year.

Elected politicians and people working

in the justice system (lawyers, police,

prison guards) cannot serve as jurors.

Why can you be exempted from

jury duty?

1. Health issue.

2. Religious issue.

3. Financial hardship. (Can’t

work – usually employer pays)

4. Been on a jury within last 2

years.

How is a jury selected?

Jury panel – a large group of potential jurors.

(100 or more potential jurors could be called for

a criminal trial)

Challenge for cause – the

Crown or defence can exclude

someone from a jury for a

particular reason.

(already has an opinion on the

case / has a serious criminal

record)

• can make an unlimited

number of these

Peremptory challenge – the Crown or defence can

exclude someone from a jury without giving a reason.

(less than 5 year sentence – 4 challenges)

(more than 5 year sentence – 12 challenges)

(serious case - murder – 20 challenges)

The Criminal Trial Process

A. Crown’s Opening

Statement

• presented before defence

• tells the offence committed

• lists evidence against

accused

• outlines the way Crown will

present its case

B. Examination of Witnesses

* Direct examination – first

questioning of a witness to

determine what they know about

the crime.

* Cross – examination – second

questioning of a witness by

opposing lawyers to test the

accuracy of testimony.

C. Defence Response

• Motion for dismissal – defence may ask the judge to

dismiss the charges.

Directed verdict – judge decides to withdraw the case from

the jury and enter a verdict of not guilty.

• if the case is not dismissed, defence gives an opening

statement and may call witnesses.

• the accused can testify but does not have to

D. Summary of the Case

• after testimony each side gives a closing argument

• defence tries to show accused as not being proven guilty

• the Crown tries to show that guilt was proven beyond a reasonable

doubt

E. Charge to the Jury

• judge explains to jury how the

law applies to the case

• defence may use a faulty

charge to the jury as an appeal

F. Jury Deliberation

• withdraw to jury room to discuss case

• decision must be unanimous in criminal trial

Hung jury – a jury

cannot reach a

unanimous decision.

G. Verdict

• is read in court

• jury can be polled –

each juror stands

and confirms their

agreement with the

verdict.