Introduction to Criminology and Criminal Law

Criminology

• Criminology analyzes the nature, causes, and means of dealing with crime.

Crimes

• Crimes are wrongful acts recognized by the state as deserving control and punishment for the benefit of society.
• Accused criminals are prosecuted by the state on behalf of society.

Criminal Law

• Section 91 (27) of the Constitution gives Parliament the power to create criminal laws and amend the Criminal Code.
• Section 92 (14) gives provinces authority to administer justice, prosecute offenses, and establish provincial police forces such as the OPP.
• Section 91(28) designates Parliament's sole authority over penitentiaries (prisons for those sentenced to two years or more).
• Section 92(6) grants provinces jurisdiction over provincial prisons for those with lighter sentences

Criminal Code

• The Criminal Code is a legislation enacted and amended by the federal parliament.
• It outlines which actions are considered crimes, how offenses are prosecuted, and the penalties imposed..

Judge-made Criminal Law

• While the Criminal Code defines offenses, judges interpret their application.

Need for Criminal Law

• Criminal law labels wrongful behavior, identifies violations, and imposes sanctions.
• These actions achieve two goals: retribution and protection of society.

Retribution

• Retribution provides a fitting response to wrongdoing.
• It should be just and uphold the rights of the accused.

Protection of Society

• Criminal law aims at public security and crime prevention.
• The law addresses various harm principles: private harm, public harm, offense principle, legal paternalism, and legal moralism.

Who Commits Crimes?

• Many factors are considered to explain crime, including physiology, biology, psychology, sociology, politics, and economics.

Victims of Crime

• Fear of victimization may alter daily routines to deter crime.
• Justice systems consider victims' rights and roles in the legal process.

Elements of an Offence

• Mens Rea: blameworthy mental state ("guilty mind") is a key element of a crime.
• Actus Reus: physical component of a crime ("guilty act").

Elements of an Offence (Interpretative Presumption)

• When analyzing crimes under the Criminal Code, mens rea is presumed to be necessary for every element of the actus reus.
• Objective Standard: blame is determined by if the accused failed to meet the standard of a reasonable person.
• Subjective Standard: The prosecution must prove the accused had the specific intent at the time of the crime.
• Requisite Intention: the specific mental state the crown needs to establish for a conviction.

Intention

• After proving the actus reus, prosecutors need to show the accused's mens rea (intention).
• Common types of mens rea include recklessness, willful blindness, knowledge, motive, attempt, and conspiracy.

Indictable Offences

• Indictable offenses are more serious crimes, including violence with weapons or injury.
• Punishments are longer.
• Trials can be by a judge alone, or a judge and jury.

Summary Offences

• Summary offences are less serious crimes.
• Maximum punishments are six months imprisonment or a $2,000 fine.
• Less severe punishments are available, such as probation, discharges, or suspended sentences.
• Trials are handled by a judge alone.

Hybrid Offences

• Hybrid offenses can be classified as either summary conviction or indictable offences.
• The Crown Attorney decides the appropriate classification.
• The circumstances of the crime and the effect on the victim influence the decision.

Regulatory Offenses

• These offenses relate to regulations such as traffic, pollution, and unethical commercial practices.

Absolute Liability Offences

• In absolute liability offenses, the prosecution does not need to prove mens rea.
• The accused has no opportunity to argue lack of knowledge or intent.

Strict Liability Offences

• In strict liability offenses, mens rea isn't required to be proven by the prosecution.
• The accused can still argue they exercised reasonable care to prevent the offense.

Explore the fundamental concepts of criminology, including the nature and causes of crime. Understand the roles of criminal law and the Criminal Code in governing offenses and their prosecution. This quiz covers essential sections of the Constitution related to criminal justice in Canada.