Criminal Law Unit 2 Chapter 6

Why should some behaviors be considered a crime? Victims of the behavior Direct – crime against specific person(s) Indirect-society How is society a victim? Financial cost, human cost, psychological cost, behavioral cost

To be considered a crime… Act or omission considered wrong by society Causes harm to society in general Harm must be serious Remedy/solution is handled by the criminal justice system

Criminal Law Body of laws that prohibit/punish acts that injure individuals, property, and the community.Body of laws that prohibit/punish acts that injure individuals, property, and the community. Main purpose of criminal law is to:Main purpose of criminal law is to: Protect people and propertyProtect people and property Maintain orderMaintain order Preserve standards of public decencyPreserve standards of public decency

Criminal Code of Canada Federal statute that contains the majority of the criminal laws passed by parliamentFederal statute that contains the majority of the criminal laws passed by parliament Not only contains offenses, but sentences to be imposed and procedures to follow when trying the accused of a crime.Not only contains offenses, but sentences to be imposed and procedures to follow when trying the accused of a crime. Meant to reflect the social values of Canadians.Meant to reflect the social values of Canadians. Thus can be amended. (ex. Laws on sexual abuse, airplane hijacking, credit card fraud)Thus can be amended. (ex. Laws on sexual abuse, airplane hijacking, credit card fraud)

Criminal Code Offences s.htmhttp:// s.htm

Other Federal/Provincial Acts Controlled Drug and Substance ActControlled Drug and Substance Act Customs ActCustoms Act Youth Criminal Justice ActYouth Criminal Justice Act Food and Drug ActFood and Drug Act Income Tax ActIncome Tax Act Liquor Control ActLiquor Control Act Highway Traffic ActHighway Traffic Act

Classifications of Crimes Classification is based on the SERIOUSNESS of the offence 3 classifications Indictable Summary Conviction Hybrid or Dual Procedure

Why do we need to classify crimes? Based on the seriousness of the offence, the following are affected: Procedures followed by the police (Ex. Arrest, searching etc.) Court process and which court will be used (Ex. Preliminary hearing, bail, jury) Range of Possible punishments available How it is treated is usually defined in the criminal code.

I.Indictable offences Most serious of all offences Ex. Murder, armed robbery, kidnapping

II.Summary Conviction Offences Also just called “Summary” offences Least serious of all types of offences Ex. Theft under $5000, prostitution, tresspassing.

III.Hybrid or Dual Procedure Offences Some offences may be considered as either summary OR indictable If they can be treated as either/or, then they are said to be HYBRID Crown is asked by the judge to decide how they wish to treat the crime. Usually based on the consequences of a behavior or circumstances Until stated by the crown, it would be treated as serious! Ex. Assault, public mischief, failing to stop at the scene of an accident.