Chpt 8 Crime and Criminal Law PDF

Theories of Crime Criminology Analyzing the nature, causes and means of dealing with crime Crimes wrongful acts that the state recognizes as deserving of control and punishment in the interests of society as a whole alleged criminals are prosecuted by the state on behalf of us all  Criminal...

Theories of Crime Criminology Analyzing the nature, causes and means of dealing with crime Crimes wrongful acts that the state recognizes as deserving of control and punishment in the interests of society as a whole alleged criminals are prosecuted by the state on behalf of us all  Criminal law Section 91 (27) of the constitution Parliament has power to make criminal law Parliament created and amends the Criminal Code Section 92 (14) provinces are delegated the power to administer justice, allows the provinces to prosecute offences and to create a provincial police force such as the OPP. Section 91(28) Parliament has exclusive power over penitentiaries sentenced of 2 years or more section 92(6) gives the provinces power over the prisons. those with lighter sentences go to provincial prisons. Criminal Code statute passed and amended by the federal parliament Outlines: – which actions are considered crimes – how offences are prosecuted – what penalties are imposed Judge-made Criminal law Criminal Code sets out offences but judges interpret them The need for criminal law label wrongful behaviour identify violations impose sanctions This achieves 2 purposes of criminal law: 1. Retribution Provides a fitting response by society to wrongdoing Should be fair and respect the rights and freedoms of an accused person 2. Protection of society Public security and the prevention of crime – private harm principle 🡪 harm to individuals – public harm principle 🡪 harm to public institutions and practices – offence principle 🡪 prevent offence to others – legal paternalism 🡪 prevent harm to the self – legal moralism 🡪 prevent immorality Who commits crimes? various explanations have been offered – physiology – biology – psychology – sociology – politics – economics Who are the victims of crimes fear of victimization sometimes limits our choices people make adjustments in their daily routines that are designed to avoid or prevent victimization when delivering criminal justice, society considers victims’ rights and the role of victims in the criminal process  Elements of an Offence mens rea the blameworthy mental component of a crime, or "the guilty mind" actus reus the physical component of a crime, the "the guilty act or omission"  Elements of an Offence There is an interpretive presumption when dealing with Criminal Code offences that mens rea is required with respect to each and every element of the actus reus Objective standard Blame based on the accused’s failure to live up to the standard of a reasonable person Subjective standard Requires the crown to prove that the accused had the intention at the time of the offence Requisite intention The mens rea that the Crown is required to establish in order to convict an accused of an offence  Intention Once a prosecutor establishes that an accused person physically committed the crime (actus reus), they focus on proving what the accused's intention or state of mind was at the time of the offence (mens rea). Common types of mens rea: 1. Recklessness 2. Willful Blindness 3. Knowledge 4. Motive 5. Attempt 6. Conspiracy Indictable Offences More serious crimes and all crimes involving violence with weapons or injury. more lengthy sentences Choice of being tried by judge alone or by judge and jury. Summary Offences less serious crimes for which the maximum sentence is six months in jail and/or a $2,000 fine. Probation, discharges and suspended sentences are less severe sentences. Summary conviction offences are tried by a judge alone Hybrid offences fall into the summary conviction category or indictable offences. usually decided by the Crown attorney. The circumstances of the offence and the effect of the crime on the victim influence whether a hybrid offence is treated as summary or as an indictable offence. Regulatory Offenses Traffic, pollution, unfair or dangerous commercial practices could cause harm if carried out improperly Absolute Liability Offence those offences in which it is unnecessary for the prosecution to prove mens rea the accused has no opportunity to exonerate themselves by showing a lack of knowledge or intent. Strict Liability Offence offences in which it is unnecessary for the prosecution to prove mens rea the accused still has opportunity to prove that he/she took reasonable care (due diligence) to avoid committing the offence.