Criminal Law Overview and History

Study Notes

The Code of Hammurabi (1754 BCE) provides insight into early criminal justice systems.
Historically, crime was viewed as a conflict between individuals.
Today, crime is considered a public offense against the state.
Trial by ordeal was a common practice, subjecting accused individuals to painful or dangerous tests to determine their guilt or innocence.

The Criminal Code of Canada was established in 1892.
Regulatory offenses address activities that are legal, but subject to specific regulations, such as drinking age laws.
Common law, also known as judge-made law, relies on precedents established by previous court decisions.
Knowing previous court decisions helps understand how the law is applied and interpreted.
Common law defenses help preserve a fundamental principle of justice: moral blameworthiness.
Moral blameworthiness assesses whether an accused deserves to be punished.

Latin for "Guilty Act," Actus Reus refers to the physical acts or circumstances that must be proven beyond a reasonable doubt.
It has three key components:
- Voluntary Act: The act must be a conscious and voluntary action.
- Conduct: The act must involve specific actions or omissions.
- Consequences: The act must result in prohibited outcomes.

Causation refers to the causal link between an accused's conduct and the legal consequences.
Intervening acts (IA) are events or actions that occur between the action and the injury, potentially breaking the causal link.

Omissions refer to the failure to act when there is a legal obligation to do so.
Quebec's "Good Samaritan" law protects individuals who assist others in emergencies.
Ontario's potential adoption of such a law is a subject of debate.
Drug and alcohol involvement can complicate legal obligations in emergency situations.

Latin for "Guilty Mind", Mens Rea focuses on the accused's state of mind at the time of the offense.
Subjective Mens Rea: This involves assessing the accused's actual intention, knowledge, recklessness, or willful blindness.
Objective Mens Rea: This involves considering what a reasonable person would have known and done in similar circumstances.
Modified Objective Standards: Take into account individual characteristics, such as age or disability, in determining reasonable behavior.

The Crown must prove that the accused intended to cause the victim's death.
Murder is categorized into different degrees based on the circumstances and planning involved.
Self-defense is a legal defense that requires three elements:
- Reasonable Apprehension of Death or Serious Injury: The accused must genuinely believe they were in imminent danger.
- Use of Force was Necessary: The use of force was the only option to protect themselves.
- Proportional Force: The force used was proportionate to the perceived threat.

The Criminal Code defines parties to an offense:
- Principal: The person who directly commits the offense.
- Aiding: Assisting the principal in committing the offense.
- Abetting: Encouraging or inciting the principal to commit the offense.