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Criminal Law

Criminal Law. Crime – an act or omission of an act (failure to act) that is prohibited and punishable by federal law Criminal law – the body of laws that prohibit and punish acts that injure people, property and society as a whole. Purposes of Criminal Law. to protect people and property

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Criminal Law

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  1. Criminal Law

  2. Crime – an act or omission of an act (failure to act) that is prohibited and punishable by federal law • Criminal law – the body of laws that prohibit and punish acts that injure people, property and society as a whole

  3. Purposes of Criminal Law • to protect people and property • Maintain order and preserve standards • to discourage potential offenders • to punish / rehabilitate

  4. What is crime? • Depends on the morals and values of society • Law Reform Commission says to be a crime: • 1. The act must be considered wrong • 2. The act causes harm to society or to those who need protection • 3. The harm must be serious • 4. The remedy must be dealt with by the criminal justice system

  5. Possible Causes of Crime • poverty • disregard for other’s rights and property • drug use • insanity • anger • revenge

  6. Jurisdiction for Criminal Law • Federal - The federal gov’t has jurisdiction over criminal law so all provinces have uniform criminal law. • Laws passed by provinces or municipalities are called quasi-criminal eg. Motor Vehicle Act • Federal gov’t makes and revises criminal law, but fed and prov gov’ts share administration of criminal law.

  7. Federal statutes • Federal statutes in which crimes and criminal procedures are found: • Criminal Code ( 1892) * • Youth Criminal Justice Act • Controlled Drugs and Substances Act • Food and Drugs Act • Income Tax Act • Customs Act

  8. Why might Parliament decide to make certain actions criminal? • Interest groups oppose existing laws • changing values of society • (anti-drug laws, gun laws, drunk-driving laws, capital punishment, abortion laws)

  9. Types of Offences • 1. Summary conviction offences - minor offences; max. $2000 ,6 mos. • 2. Indictable offences - serious crimes, can be life imprisonment • 3. Hybrid offences - Crown chooses whether to proceed as a summary or indictable offence

  10. Essential Elements of a Crime • Actus reus +mens rea = Crime • To convict a person of a criminal offence, the Crown must usually prove that these 2 elements existed at the time of the offence

  11. Actus Reus • “guilty act or deed” • the voluntarily action, omission - i.e. failure to act or “state of being” • For example: • Action- assault • Omission- not stopping at an accident • State of being- being in possession of stolen goods

  12. Mens Rea • “ guilty mind” • A deliberate intention to commit a wrongful act, with reckless disregard for the consequences • includes intent ( desire to carry out the action, can foresee the results) • *Intent is not motive. Motive is the reason person commits a crime • or knowledge ( an awareness of certain facts)

  13. or willful blindness ( a deliberate closing of one’s mind to the possible consequences of one’s actions) • or recklessness ( taking an unjustifiable risk that a reasonable person would not take) • or criminal negligence ( reckless disregard for the safety of others, sometimes causing serious injury or death)

  14. General and Specific Intent • General intent- the desire to commit a wrongful act, with no other motive or purpose ( assault) • Specific intent- the desire to commit one wrongful act for the sake of doing another ( assault / theft)

  15. Strict and Absolute Liability • Liability- legal responsibility for a wrongful action • Strict liablity offences- offences that do not require mens rea, but accused can use defence of due diligence • Due dilgence- accused took every reasonable precaution to avoid committing the offence • Absolute liability – offences that do not require mens rea and accused can offer no defence

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