Criminal Law Notes

Criminal Law and Procedure

Involves offenses against society, punishable by the state.

Definition of a Crime

An act or omission prohibited by law and punishable by the state.

Four elements of a crime

Criteria including being wrong, causing harm, causing serious harm, and being punishable by criminal law.

The Criminal Code (CC)

Document detailing criminal behaviors, penalties, and elements required for each crime.

State of Being Crimes

Offenses related to a person's status or condition.

Omissions

Failure to act when legally required.

Negligence

Failing to take reasonable care to avoid harm.

Legalize, Criminalize, Decriminalize

Actions of making an act a crime, reducing penalties, or removing it from criminal law.

Quasi-criminal Law

Provincial laws similar to criminal law but not part of the Criminal Code.

Summary, Indictable, and Hybrid Offenses

Categories based on the severity of crimes and penalties.

Intent and Criminal Offenses

Involves Mens Rea (Guilty Mind) and Actus Reus (Guilty Act).

Motive vs

Distinguishing between the reason for a crime and an agreement to commit a crime.

Reasons for Following or Breaking the Law

Influences like upbringing, social environment, and psychological factors.

Goals of Criminal Law

Retribution and protection through punishment and deterrence.

Media Article Review

Analyzing the type of crime committed and potential penalties.

Types of Charges

Differentiating between First vs. Second Degree Murder, Assault, and Sexual Assault.

Enticing vs

Persuading someone to go somewhere vs. taking someone away illegally.

Offenses Involving Minors

Specific laws protecting individuals under 18.

Searches, Evidence, and Defence

Procedures for arrests, evidence collection, and defense strategies.

Sentencing and Release

Post-conviction options, types of sentences, and differences between CCC and YCJ.