Criminal Code PDF

Criminal Code The need for criminal law Helps to keep order in society Penalties help deter people from committing crimes The cruel code of canada reflects the values of society by declaring certain actions to be criminal Parliament decides which actions were crimes and related...

Criminal Code The need for criminal law Helps to keep order in society Penalties help deter people from committing crimes The cruel code of canada reflects the values of society by declaring certain actions to be criminal Parliament decides which actions were crimes and related punishments The nature of crime crime : any act or mission o n act that is prohibited and punishable by federal law - omission of an act refers to the failure to act in a certain situation. Ex you struck a pedestrian , but did not remain at the scene Four general conditions must exist for an acts or omission to be considered criminal 1. Must be considered wrong by society (breaking the law) 2. Causes harm to society 3. Harm must be serious 4. The remedy must be handled by the criminal justice system Thus, criminal law in canada is designed to prohibit and punish acts that injury individuals, property and the community - crime is considered to be an offense against the community because it has impact on all members of society The criminal code of canada The criminal code of canada contains all of the countries federal offenses and sentences to be imposed if found guilty - the ccofc can be amended by the federal government to reflect the changing needs of society I.e. airplane hijacking, credit card fraud, cyber bullying Ie capital punishment in 1976 - outdated laws can also be removed Prior to confederation, all privinces had their own set of criminal laws - 1867, John A. Macdonald sought to eliminate confusion and ensured the BNA act gave the federal government power over all criminal laws - by 1892, the criminal code of canada was created. Since, amendments have been made every year. The ccofc does not contain every single cime in canada. There are other federal statutes that deal with criminal issues: Ex - youth criminal justice act Income tax act Food and drug act Provinces can pass “Quasi-Criminal laws” (less serious offences) in canada. Therefore, smaller criminal offences can vary across the country I.e. liquore control act, highway traffic act Types of criminal offenses Less serious criminal offenses Can be arrested and summoned to court without delay Maximum penalty is $5000 and/ or 2 years in jail Examples include: public nudity, trespassing, making indecent phone calls, loitering, causing a disturbance. Indictable Offenses Serious crimes that carry more severe penalties Max. penalty for each offense, can be up to life imprisonment (25 yrs) Trial judge decides the penalty Examples include: murder, rape, kidnapping, arson, theft over $5000, etc. Hybrid Offenses Crown has choice of indictable or summary depending on severity Always treated as an indictable offense until charges are laid in court. Decision is made based on circumstance For example: theft over $5000, but if its a first time offense, the crown may wish to proceed summarily. Participants in criminal trial The canadian criminal justice system has 2 fundamental principles 1. An accused is innocent until proven guilty 2. Guilt must proven beyond a reasonable doubt - proven to the extent that a reasonable person would have no choice but to conclude that the defendant did commit the offense. The judge -makes decision on the admissibility of evidence Controls events in the courtroom Interprets the law= pertaining to each case -in a trial by jury, the judge instructs jurors on points of law & will sentence the convicted person - in a non-jury trial, it is the judge who determines guilt or innocence and then passes a sentence. The Jury Group of 12 men and women Chosen by the crown and defense by a pool of citizens Job is to listen to the trial, examine evidence and follow the judge's instructions When the trial ends, they withdraw to deliberate on a verdict The verdict = guilty or innocent and must be unanimous Publicly elected official are exempt from jury duty Other Canadians that are also exempt are politicians, lawyers, prison guards, police officers, probation officers. A second summons will be issued for appearance for duty  If you do not show up after a second summons to court, the judge will issue a Bench warrant (warrant issued by a judge, instead of the police) for you arrest Sitting jurors arsenal's compensated for the first 10 days of a trial. From day 11 to 49, its $40 a day. After day 50, it’s $100 a day. The defense The person charged with a crime is called the accused or defendant The defendant can represent themselves but is advised not to Defense counsel is the lawyer who represents the accused If the accused pleads not guilty, the defense counsel will attempt to show a reasonable doubt of the defendant's guilt The crown attorney The prosecutor is the lawyer representing the government's interests in investigating and punishing criminal offenses to ensure society’s safety Role of the crown is to Prepare the government case by researching law Assembles evidence from trial Review exhibits and submits physical evidence Takes statements from witnesses The witnesses Gives evidence under oath, concerning their knowledge of the circumstances surrounding a crime Witnesses can be compelled to appear in court by issuing a SUBPOENA - court order requiring witness to appear on a certain date on a certain date to give evidence Witnesses must take an oath on any holy book of their choice or make a solemn affirmation too the truth PERJURY: knowingly making a false statement in court. This is a indictable offense Three criteria for manslaughter Proocation In the exact moment An ordinary person would react the same way Criminal investigation and evidence The most expensive component of the criminal justice system is policing 69,027 police officers @ 3 different levels in Canada in 2018 Federal - RCMP Provincial - OPP Municipal - Halton RCMP Investigates violations in the ares of- customs (smuggling) and taxes on goods Drug Enforcement - 1000 officers, priority given to international drug smuggling Economic Crimes - commer cial fraud -organized crime - technological crimes -counterfeiting Federal Policing -hazardous waste - explosives - vehicle odometer tampering -student loans violation Migration -illegal immigrants -screening of immigration applicants Proceeds of Crime _ identifies confiscates $$ or property acquired through crime Criminal Intelligence - collecting evaluating, analyzing and reporting information on organized crime and terrorist group activities International Liaison & Protective Services- provides security for federal officials and visiting leaders - this branch also works with foreign police agencies *policing in these areas are not exclusively done by the RCMP OPP Responsibilities are outlined in the police services act Police municipalities that are not required to have their own police force Respond to municipal requests for help in emergency situations Provide traffic control for all 400 services highways Providing investigation services, on request to the coroners office Maintain provincial firearm registry, provide security @ Queens Park, protection for Ontario Government official dignitaries. Municipal Police Officers Organized into a number of different division and speciality units. Ex. gang rime unit, homicide, robbery, drugs, explosive disposal unit Regional uniform officers have duties that include Preserving the peace and crime prevention Assisting victims of a crime/ accident Laying charges Executing warrants Enforcing federal, provincial and municipal by-laws. Since the 1970s first nations police forces have been allowed to exist and perform specific duties 1977 the Dakota- Ojibway Police Service was the aboriginal police force to exist  In new brunswick, there is a division of the RCMP that consists of only aboriginal officers who serve the aboriginal communities Halton Police services In Milton, we have a regional police force.. The Halton police The town of milton, canada’s fastest-growing community, has a population of more that 111,000 The milton police station is known as 12th division of the Halton Police 12th division Collection of evidence Physical evidence: any object, impression Dusting for fingerprints It is extremely important that specialists are able to properly dust and lift fingerprints at a crime scene to be able to classify and match them to those databases Dusting is a method that is used to lift prints from hard surfaces Chemicals are needed to lift prints off smooth surfaces All collected fingerprints are stored in the integrated fingerprint system The use of biochemical and other scientific techniques to analyze evidence in a criminal investigation, this center is located in toronto Trace element analysis The scientific analysis of dirt, dust, residue. Mostly on bodies or in crime scenes Provide links between suspect and the crime Example: wood or other materials at an arson scene may produce trace elements of the accelerant use to start a fire The transfer of hair and fibers - typically analyzed in homicides, kidnapping and aggravated Hair and fibers are trace elements because they can be found either on the victim or the accused Hair may not reveal specific people (like fingerprint), but it can reveal racial background, area of the body the hair came from and the person's blood type. Animal fur - scaly Human hair - is smooth, and contain hair follicle with Dna on it, usually rounded snape Forensic Biologist All human beings have a distinctive genetic code within their chromosomes which are composed of DNA = deoxyribonucleic acid A person's DNA can be found on many different bodily fluids and physical samples. Lab analysis of blood stains, semen, saliva, skin and hair follicles can lead to the identification of an individual through his or her distinctive genetic code.] Blood samples are the most common found sample for dna analysis at a crime scene  Matching dna profiling can determine if a person was at a crime scene, and what type of participation they had in the crime Forensic toxicology Forensic toxicologists test evidence collected to determine the presence, type and quantity of substance in a person's body or at a crime scene They consider physical symptoms recorded and any evidence collected at a crime scene that may narrow the search, such as pill bottles, powders, trace residue, and any available chemicals. After providing this evidence, they must determine which toxic substances are present, in what concentrations, and probable effect of those chemicals on the person. Blood samples are important in impaired driving cases or crimes committed when when under the influence Percentage of alcohol or substance levels can be important in cases where mens rea is an issue Blood splatter analyst The study and analysis of bloodstains at a crime scene with the purpose of drawing conclusions about the nature, timing and other details of the crime Blood splatter experts use biology, physics, and mathematical calculation to reconstruct with accuracy events For example: the shape of blood droplets might be used to draw conclusions as to how far away the victim was from a gun when they were shot Shape of a blood drop can indicate movement Blood splatter on the wall can determine force and direction of the blow Forensic anthropology The analysis of human remains, in criminal investigations Their study of human remains helps in the detection of crime by working to asses the age, sex, stature, ancestry and unique features of a skeleton This also includes documenting trauma to the skeleton. DNA analysis Stands for deoxyribonucleic acid and is the building block of a person’s genetic make-up Is is found in every cell in the human body and determines physical characteristics like: Identical twins have the exact same dna, weight, height, hair color, susceptibility to disease A drop of eyelash, skin fragment is enough to analyze for DNA Used to link suspects to physical evidence or free them from suspicion For evidence ot be admissible in court, it is critical for police officers/ detectives to follow proper procedure for labelling evidence Proper labelling ensures that evidence has not been contaminated or tampered with in any way A chain custody, need to be provided to the court  - the written record of all people who had contact/ control over the evidence from time collection to the time it is produced in court Admissibility of evidence There are strict procedures on the seizure, handling, and storage of evidence 1. No evidence is left unattended 2. The case officer must secure evidence in the police property locker 3. Transferring evidence is the responsibility from property locker without appropriate authority and signature. This is to maintain the chain of custody of the evidence. Leading question is not questionable if its not your witness Hearsay: I heard someone say it, is like that, its someone who heard it from someone Opinion statement:When your expressing your personal beliefs Unrelatable question: when a questioning is not relevant to the case Non-responsive answer: your response os not related to the question or your not answering the question