1. + Introduction to Criminal Law

2. + What is a Crime? “ Crimes are wrongful acts that the State recognizes as deserving of control and punishment in the interests of society as a whole. When such wrongs are detected, the State prosecutes the alleged perpetrators to ensure the safety of the public and to preserve the rule of law, which is the foundation of our democratic society.” - Justice McDermid (Ontario Superior Court)

3. + What is Crime? What can we take from that quote? Public dimension to criminal law Alleged criminals are prosecuted by the state on behalf of us all Prosecution is not the responsibility of the victim Victim remains uninvolved or minimally involved Ensure the safety of the public Preserve rule of law Applies equally to all persons, no one is above the law

4. + A Crime is any… Harmful act or non-act That threatens society, and Must be dealt with

5. + So…what’s the purpose of Criminal Law?

6. + Purpose of Criminal Law To protect individuals and society from being harmed To punish Criminals To protect the innocent To inform society as to what is considered a crime To show differences between serious and minor crimes

7. + The Criminal Code of Canada

8. + Is a statute, passed and amended by the federal Parliament Outlines which actions are considered crimes How offences are prosecuted What penalties are imposed It applies in every Canadian province and territory It is the most comprehensive statement of the law of crime and punishment in Canada

9. + The Criminal Code of Canada Group Activity: Examining the Criminal Code of Canada  Group 1: Bigamy  Group 2: Extortion  Group 3: Burial, Neglect  Group 4: Conspiracy  Group 5: Fortune Telling How does the Criminal Code define the crime? What is the punishment?

10. + Criminal Code of Canada Other statues deal with crimes such as Controlled Drug and Substances Act: which deal specifically with drug offences The Code is regularly amended to reflect societal concerns, emerging issues, etc. Can you think of an example of a criminal law that has changed because of social changes or emerging issues?

11. + Judge-Made Criminal Law The Code set out offences, judges interpret them Judges rely on legal precedents to assist in the interpretation of provisions that are often ambiguous Judges expand definitions of crime to cover behavior not specifically addressed by the Code Precedent

12. + Case Study: R v. Cuerrier Read pages 234-235 Answer #1-2 on pg. 235

13. + Criminal Code of Canada Retribution Involves the public denouncing and punishing of wrongful behavior Meant to reaffirm social values and deliver justice Focuses on providing a fitting response by society to wrongdoing Punishment must respect the rights and liberties of an accused person It should be fair

14. + Criminal Code of Canada Protection of Society Purpose is more forward thinking Intent is to make society safer be deterring future wrongdoing and by rehabilitating wrongdoers Focus in on public safety and the prevention of crime Must be a balance between this protection principle to extending the states use of criminal law power and the rights and freedoms of its people What is more important to you? Punishment or Rehabilitation?

15. + Criminal Code of Canada Principles of Justification Private Harm Principle The prevention of harm to individuals Public Harm Principle The prevention of harm to public institutions and practices Legal Paternalism The prevention of harm to the self Legal Moralism The prevention of immorality

16. + Criminal Code of Canada Citations In a Criminal trial, it is the government – in the name of the king or queen – who prosecutes the accused. This is why criminal cases are named like this: R. v. Eaton (2009) R. v. Srouji (2003)

17. + Criminal Code of Canada Citations R v. Rocha (2014) R = Rex (King) or Regina (Queen) V = versus (Against) The name that follows = the Accused The year = year the decision was given

18. + Criminal Code of Canada Citations Governments acts for the benefit of society in general Does not act for the individual victim If the accused is convicted, the person would be given a fine or penalty The purpose of the punishments is to punish OR rehabilitate the offender AND to discourage others from breaking the law

19. + Who Commits Crime?

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24. + During the 19 th and 20 th Centuries, two theories emerged 1. Chicago School: Theory that people are not simply born good or bad – they are influenced by the people, social situations, and other external forces that surround them

25. + Who Commits Crime? 2. Sigmund Freud Linked crime to individual psychology He believed that all humans have criminal tendencies, but that these are modified through inner controls learned through childhood

26. + Who Commits Crimes? Criminologists looked for more complex explanations, given the fact that crime continued to grow even though individuals were generally better off and protect by a more elaborate social safety net.

27. + Who Commits Crimes? Research in the 1960s revealed two discoveries….

28. + Who Commits Crimes? #1 Girls were much less likely to engage in illegal behaviour than boys Vast majority of all male participants reported having committed illegal acts that cold have landed them before youth courts

29. + Who Commits Crime? #2 Children or parents with professional jobs were just as likely to report having committed illegal acts as the children of poorer parents with low status jobs

30. + Who Commits Crime? Most experts now agree that the social status and income of the parents have little or no direct effect on the likelihood that children will turn to delinquency

31. + Who Commits Crime? Children most “at risk” 1. Receive little love, affection or warmth and are physically or emotionally rejected and/or abandoned by their parents 2. Inadequately supervised by parents who fail to teach them right from wrong, do not monitor their whereabouts, friends, or activities and who discipline them erratically and harshly 3. Conflict in homes, martial discord, violence, limited coping resources, social isolation, poor parenting skills.

32. + Who Commits Crime? Most Canadians commit crimes at some point… Most Criminal offences are committed by men at the extremes of the social spectrum Criminal who are without legitimate employment sometimes destitute are most feared by the public and responsible for a large share of street crime White collar criminals, who are responsible for more deaths and steal much more money than the poor, are seldom called criminals Do you agree?

33. + Textbook Questions Read Pages 243-244 Answer Questions 1-3 Read Pages 245-246 Answer Questions 1-3