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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)?

What makes an act… Immoral? Illegal/Criminal? Using the Criminal Code of Canada (http://laws-lois.justice.gc.ca/eng/acts/C-46/) , establish a 3-4 part set of rules that could be applied to determine whether an act is illegal/criminal. Immoral? Illegal/Criminal?

What should the Criminal Code contain? Reflect existing standards of society? Aspirational standards? Normative guidance for best behaviour? Image Source: Google Images

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)

Conditions for Criminality

Elements of a Crime Actus reus Wrongful deed that is prohibited by law. 1) Action/ 2) Failure to act Must be present at the same time Mens rea 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.

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

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

Criminal Acts … Thinking it through… Understanding and Comprehension What kind of law is the Criminal Code of Canada? How can the Criminal Code be changed? What are the two conditions that compose a criminal act? What makes an action criminal? Critical Thinking and Application What factors influence what kind of actions are determined to be criminal? Is the Criminal Code infallible? Should a criminal code be reflective or aspirational of a society’s cultural, moral, political, philosophical beliefs?