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Justice: What is justice in Canada?

Justice: What is justice in Canada?. Criminal Law: Nature of Criminal Law The Elements of a Crime Types of Criminal Offenses. The Need for Criminal Law. Purposes of criminal law: Rehabilitation Prevent recidivism Address underlying issues Reintegration into community

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Justice: What is justice in Canada?

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  1. Justice: What is justice in Canada? Criminal Law: Nature of Criminal Law The Elements of a Crime Types of Criminal Offenses

  2. The Need for Criminal Law • Purposes of criminal law: • Rehabilitation • Prevent recidivism • Address underlying issues • Reintegration into community • Protection/Prevention • Threat of punishment • Sets standards • Punishment • Isolation • Deprivation How do these relate to the 3 approaches to justice (retributive, rehabilitative, restorative)?

  3. The Nature of Criminal Law • “The Criminal Code reflects the values of society by declaring certain actions to be criminal. Reform of the Criminal Code usually reflects a shift in these values and may occur because of public pressure.” • Conditions for Criminality • The action must harm other people. • The action must violate the basic values of society. • Using the law to deal with the action must not violate the basic values of society. • Criminal law can make a significant contribution to resolving the problem. • (Law Commission of Canada)

  4. Conditions for Criminality

  5. Elements of a Crime • Actusreus • Wrongful deed that is prohibited by law. • 1) Action/ • 2) Failure to act Must be present at the same time • Mensrea • A guilty mind • 1) Intent • True purpose of the act • General (limited to the act, no further criminal purpose) • Specific (further criminal purpose) • 2) Knowledge • Need not prove an intent… • 3)Recklessness • Careless disregard, even if intent to harm not present.

  6. Criminal Code of Canada: History • England resistant to codification, colonies experimented • Canada’s Efforts • 1867- Codification a goal of Sir John A Macdonald • 1869- set out explicit authority to federal government consolidation in coinage offenses, forgery, larceny, personal, property, perjury, procedure. • 1892- Original Criminal Code achieved • "Just think of it Canada in the van! The first to enact a complete codification. It is far and away the best measure of the kind ever submitted to any legislature." Canadian Criminal Code: http://laws-lois.justice.gc.ca/eng/acts/C-46/

  7. Criminal Code of Canada: Selections Mens rea? (intent, Knowledge, Recklessness) Actus reus? (Action, Inaction) Punishment? Legal terms?

  8. Criminal Code of Canada: Selections Mens rea? (intent, Knowledge, Recklessness) Actus reus? (Action, Inaction) Punishment? Legal terms?

  9. Criminal Code of Canada: Selections Mens rea? (I, K, R) Actus reus? (A, I) Punishment? Legal terms?

  10. Criminal Code of Canada: Selections Mens rea? Actus reus? Punishment? Legal terms?

  11. homicide culpable homicide non-culpable homicide murder manslaughter infanticide accidental self-defense first degree • Section 231 • Planned and deliberate • Law enforcement officer • In concurrence with other crime • Related to criminal harassment • While using explosives • Related to terrorism second degree • unintentional, directly, indirectly by means of unlawful act • result if defense of provocation or intoxication used in murder case (mens rea) • All other intentional murder • (heat of the moment) Criminal Code of Canada: Common Crimes

  12. Criminal Code of Canada: Common Crimes Severity Level 3 • Aggravated Assault • committing Assault that wounds, maims, disfigures or endangers life • mens rea required: commit bodily harm Punishment Level 2 • Assault causing bodily harm • committing Assault while using a weapon or causing bodily harm • bodily harm: interfere with health/comfort in more than a fleeting way Level 1 • Assault • direct/indirect intentional force without consent • attempting/threatening to apply force • Approaching, blocking, begging with weapon/imitation of

  13. Criminal Code of Canada: Common Crimes

  14. Criminal Code of Canada: Offenses and Penalties • Indictable Offenses • Life Imprisonment • Accessory (murder), Criminal negligence causing death, Extortion • Mail interference, Sexual assault (aggravated), Terrorism • 14 years • Aggravated assault, Counterfeit money, Perjury, Piracy, Passport forgery • 10 years • Abduction (under 14), Prison breach, Theft over $5000 • 5 years • Abduction (under 16), Fire (negligence), Polygamy, Unlawful drilling • 2 years • Abandoning child, Common bawdyhouse, Dueling • Summary Offenses • 6 months • Coin defacing, Impersonating a peace officer, Soliciting • Hybrid Offenses • False alarm fire, Mailing obscene matter, Uttering threats

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