Criminal law notes

  • Civil Law: Deals with disputes between individuals or organizations. Example: Contract disputes, property disputes.

  • Criminal Law: Deals with offenses against society. Example: Theft, assault.

  • Definition of a Crime

  • A crime is an act or omission that is prohibited by law and punishable by the state.

    • Four elements of a crime:

      • Wrong or immoral by the majority: The behavior is considered wrong by most Canadians.

      • Causes harm: The behavior causes harm to individuals or society.

      • Serious harm: The harm caused is serious.

      • Punishable by criminal law: The behavior must be punishable by the criminal system.

  • The Criminal Code (CC)

    • A document that describes criminal behaviors and their punishments.

    • Includes elements required for each crime and penalties.

  • State of Being Crimes: Crimes that involve a person's status or condition (e.g., possession of drugs).

  • Omissions: Failure to act when there is a legal duty to do so (e.g., failure to provide the necessities of life).

  • Negligence: Failure to take reasonable care to avoid causing harm.

    • Criminalize: Making an act a criminal offense.

      • Decriminalize: Reducing the penalty of a criminal act to a fine.

      • Legalize: Removing the act from criminal law, making it legal.

  • Quasi-criminal Law

    • Provincial laws resembling criminal law but are not part of the Criminal Code (e.g., traffic offenses).

  • - Summary Conviction Offenses: Minor offenses, fines up to $5,000 or six months imprisonment.

    - Indictable Offenses: Serious crimes with severe penalties, as specified in the Criminal Code.

    - Hybrid Offenses: Can be prosecuted as either summary or indictable, at the Crown's discretion.

  • Mens Rea (Guilty Mind): Intent to commit a crime.

  • Actus Reus (Guilty Act): The criminal act itself.

  • Both must be present for a crime to be committed.

  • Motive: The reason for committing a crime.

  • Conspiracy: Agreement between two or more people to commit a crime.

  • Reasons for Following or Breaking the Law

    • Influences include upbringing, social environment, economic conditions, and psychological factors.

  • Goals of Criminal Law

    • Retribution: Punishing wrongdoers to affirm social values.

    • Protection: Deterring future crimes and rehabilitating offenders.

  • First vs. Second Degree Murder: First-degree involves premeditation; second-degree does not.

  • Levels of Assault: Simple assault, assault causing bodily harm, aggravated assault.

  • Levels of Sexual Assault: Sexual assault, sexual assault with a weapon, aggravated sexual assault.

  • Enticing: Persuading someone to go somewhere.

  • Abduction: Taking someone away illegally.

  • Offenses Involving Minors Specific laws protect individuals under 18.

  • Arrests and Warrants

    • Procedures for making arrests, issuing warrants, and collecting evidence.

  • Importance of Criminal Procedure

    • Ensures fairness during arrests, pre-trial meetings, and courtroom proceedings.

  • Types of Evidence

    • Physical evidence, eyewitness testimony, expert testimony, and circumstantial evidence.

    • Limitations include relevance, reliability, and admissibility.

  • Defending Criminal Acts

    • Common defenses: insanity, self-defense, duress.

    • Limitations on defenses ensure they are not misused.

  • Post-Conviction Options

    • Probation, imprisonment, fines, community service.

    - Suspended Sentence: Delays sentencing for a period.

    - Intermittent Sentence: Served on weekends or at specified times.

  • CCC (Criminal Code of Canada): Applies to adults, focuses on punishment.

  • YCJ (Youth Criminal Justice Act): Applies to minors, focuses on rehabilitation and reintegration.

  • Automatism: Acts done involuntarily, e.g., sleepwalking.

  • Willful Blindness: Choosing to ignore the possibility of illegality.

  • Recklessness: Knowing the risk of an act but failing to avoid it.

  • Prosecuting Motive: Used as circumstantial evidence, though not conclusive on its own.

  • Attempt: Begins when the actus reus is evident.

  • Conspiracy: Agreement to commit a crime, even if not executed.

  • Social Structural Theories

    • Strain Theory: Pressure from social factors leading to criminal behavior.

  • Criminal Justice System Expansion

    • Increased police presence as deterrence.

    • Potential benefits and drawbacks of privatizing police forces.