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CRIMINAL LAW
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WHICH ACTIONS/ BEHAVIOURS CAN YOU THINK OF THAT EVERYONE CONDEMNS?
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WHAT IS CRIMINAL LAW? PURPOSE OF CRIMINAL LAW
A body of jurisprudence that includes the definition of various crimes, the specifications of various penalties, a set of general principles concerning criminal responsibility, and a series of defences to a criminal charge PURPOSE OF CRIMINAL LAW _________________
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WHO MAKES THE RULES? Through legislative process
Some crimes reflect an almost universal social consensus that certain conduct is wrong ______________ try to bring criminal law in line with emerging community notions of crime and justice _________________are required to enforce the existing criminal law, regardless of their own personal views Laws are constantly ________, __________ and __________ as political and social change occurs
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Examine the following offences
Examine the following offences. Do you agree that they are a criminal offence? Soliciting for the purpose of illicit sexual intercourse Selling pornographic books and videos Pirating computer software Euthanasia Abortion Possessing marijuana Dangerous driving Causing a disturbance by swearing in a public place
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__________+ ___________= ____________
Elements of a Crime A act must have two components to be considered a crime: Actus Reus: Latin for “guilty act” -It is the physical element of committing a crime -May be accomplished by an action, threat of action or by an omission to act Mens Rea: Latin for “guilty mind” -Mens Rea exists if the offence is committed with: a) intent or knowledge b) recklessness __________+ ___________= ____________
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Conditions for an act to be subject to criminal penalties
Must _________________ Must _____________________ 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
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3 TYPES OF CRIMINAL OFFENCES
______________________________: Minor criminal offences People accused of these can be summoned to court without delay Maximum penalty under criminal code = $2000 and/or 6 months in jail
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3 TYPES OF CRIMINAL OFFENCES CONT…
_______________________: Serious crimes that carry more severe penalties Criminal code sets maximum penalty for each offence (e.g. 25 yrs for some offences) Some offences have minimum penalty (e.g. $600 to 5 years for impaired driving) Trial judge decides the penalty
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3 TYPES OF CRIMINAL OFFENCES CONT…
___________________: Offences for which the Crown attourney has the right to proceed summarily and impose a less severe punishment, or proceed by indictment. E.g. theft, assault, extortion, etc...
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