What Makes a Crime? Ch.4 Lesson 1

Purpose of Criminal Law  If someone broke in your house and stole your stuff, CRIMINAL Law would charge them for breaking and entering…  …for your per$onal lo$$ you would sue them with CIVIL Law.  Criminal law is the body of laws that prohibit and punish acts that injure individual people, property, and society as a whole  Main Purposes  Maintain order  Protect people and property  Preserve standards of public decency  The Criminal Code is often amended as society’s values change  Ex. Trudeau may legalize marijuana

 The Criminal Code is searchable online

ex. Criminal Code section 348 (don’t record) WWhy are the punishments different for houses or stores?

Types of Criminal Offences  Summary Conviction Offences  Less serious, move through court quickly  Light penalty – usually max $2000 fine, 6 months jail  Ex. public nudity, trespassing  Indictable Offences  Serious ex. perjury, arson, murder  heavy penalty - Code sets a maximum. Sometimes a minimum.  Hybrid Offences  Could be either summary or indictable depending on circumstances  Code will say if it’s hybrid  Ex. theft, public mischief, sexual assault

Activity: Criminal Code Search  5-10 min  Search any crime online with “Criminal Code” and look up what the penalty is. Check if it’s indictable, summary, or hybrid. Also $$$/prison time.

Quasi-Criminal Law  Laws from provinces or municipalities resemble criminal law but are not actual “crimes”  ex. traffic offences, bylaws  Usually fines.

The Elements of a Crime 1. Actus Reus  “the guilty ACT”  Demonstrates a voluntary action, omission (failing to do something), or state of being that is prohibited  Can you come up with examples of each?  Note: “Attempt” and “Conspiracy” count even though the act didn’t happen

The Elements of a Crime 2. Mens Rea  “the guilty MIND”, moral guilt  the act involved one of these:  Intent: meant to do something wrong  Knowledge: ex. aware your license is fake  Negligent: wanton or reckless disregard for the life/safety of others  Reckless: consciously taking a risk a reasonable person wouldn’t  Wilful Blindness: deliberately closing your mind to the possible consequences of your actions. Ex. buying something that’s likely been stolen

Offences not requiring Mens Rea  Regulatory Offences are less serious crimes than those in the Code; usually regulations to protect the public  Strict Liability Offences  ex. pollute the environment, sell alcohol to minors  Absolute Liability Offences (no defense)  ex. speeding

Activity: Case Study  Textbook pg. 109 R. v. Molodowic [2000]  “Does mental illness nullify criminal responsibility?”