Justice: What is justice in Canada?

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Presentation transcript:

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 Protection/Prevention Threat of punishment Sets standards Punishment Isolation Deprivation How do these relate to the 3 approaches to justice (retributive, rehabilitative, restorative)?

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: 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/

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

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

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

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

Criminal Code of Canada: Common Crimes

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