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Chapter 4 Introduction to Criminal Law 4.1: Introduction 4.2: The Nature of Criminal Law.

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Presentation on theme: "Chapter 4 Introduction to Criminal Law 4.1: Introduction 4.2: The Nature of Criminal Law."— Presentation transcript:

1 Chapter 4 Introduction to Criminal Law 4.1: Introduction 4.2: The Nature of Criminal Law

2 Euthanasia – a crime? Euthanasia is a deliberate act undertaken by one person with the intention of ending the life of another person to relieve that person’s suffering where that act is the cause of death An example of euthanasia is a physician who administers a lethal dose of barbiturates to a woman suffering from severe dementia with the intention of ending her life in order to relieve the pain and suffering caused by her condition where the barbiturates cause death Do you believe that euthanasia is a crime? Discuss

3 Criminal Law Deals with wrongs committed against a society Emphasizes prevention and penalties Civil Law Deals with wrongs committed against an individual Emphasizes compensation for the victim Scenario: Sam attacks Ameer by punching Ameer several times. Is this an example of criminal law or civil law or both? Criminal – Sam has done something that society considers unacceptable. Civil – Ameer could sue Sam for damages after the criminal trial

4 Your turn Scenario: Ron breaks into Kathy’s house to steal her electronic equipment. Is this an example of criminal law or civil law or both? Discuss

5 Functions of Criminal Law The main source of criminal law in Canada is the Criminal Code. It describes which acts are offences and also explains their punishments. It’s functions are the following: To protect people and property To discourage potential offenders (with strict penalties) To punish those who break the law To rehabilitate criminals To maintain order in society

6 What makes an act a crime? In order for an act to be considered a crime, the Law Reform Commission says that these 4 conditions must exist: 1.The act must be considered immoral by most Canadians. 2.The act must cause harm to individuals and society. 3.Harm caused by the act must be serious in nature. 4.The person must be punished by the criminal justice system. Any reforms (changes) to the Criminal Code must take these 4 conditions into consideration.

7 Euthanasia is not legal in Canada, but it will be as of February 2016. Currently, the criminal code states the following in regards to euthanasia: Homicide 222.(1) A person commits homicide when, directly or indirectly, by any means, he causes the death of a human being. Kinds of Homicide (2) Homicide is culpable or not culpable. (4) Culpable homicide is murder or manslaughter or infanticide. Murder 229. Culpable homicide is murder (a) where the person who causes the death of a human being (i) means to cause his death… The government passed a new bill to amend the criminal code. Using the 4 conditions, discuss whether euthanasia should be considered a crime. Do you support the new bill?

8 What is immoral behaviour? When determining whether or not an act is "immoral," the following terms are important to understand: Legal: any action that does not harm others and is not against the law Illegal: an action that is considered immoral; not legal but also not criminal Criminal: an action that is considered immoral and potentially harmful to others; included in the Criminal Code

9 Your turn Distinguish whether the following is legal, illegal, or criminal: 1.Wearing a green sweater 2.Running a stop sign 3.Bank robbery 4.Parking in a non-parking zone 5.Stabbing 6.Cigarette smoking in commercial flights 7.Identity theft and identity fraud 8.Chewing gum 9.Downloading movies through file sharing services 10.Steal a Canadian ship 11.Hijacking an aircraft

10 Procedural Justice The Law Reform Commission has also defined seven principles of procedural justice, or fairness in the justice system: 1.Fairness (no bias toward accused) 2.Efficiency (process is timely; no lengthy delays) 3.Clarity (accused understands the process) 4.Restraint (officials are disciplined and professional) 5.Accountability (officials are responsible for actions) 6.Participation (process must be open for scrutiny) 7.Protection (accused is not abused by officials)


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