Presentation on theme: "Shared Criteria for Top 5 All cause serious harm to society All violate existing criminal statutes and are handled by the criminal justice system All involve."— Presentation transcript:
Shared Criteria for Top 5 All cause serious harm to society All violate existing criminal statutes and are handled by the criminal justice system All involve an element of responsibility; of liability – blameINTENT » RECKLESSNESS
Criminals or Warriors: An Introduction to Criminal Law by Sam Low on Prezi Intro to criminal law Born to Rage – trailer Dr Phil
Unit 3 - Criminal Law Ch. 6 - The Nature of Crime p. 138-156
Learning Goals I can describe the elements that must exist for a person to be convicted of a crime in Canada I can summarize what makes an action a crime as compared to a regulatory offence in Canada
Unit 3 - Criminal Law Ch. 6 - The Nature of Crime p. 138-156 A Crime is any act OR omission of an act that is prohibited and punishable by federal statute. Example of an omission, meaning to omit to (fail) to do something? (Not stopping at the scene of an accident or not ensuring the safety of a young child)
Chapter 6 - Defining Crime Four conditions for an act (or omission) to be considered a crime: The act is considered wrong by society The act causes harm to society in general OR to those (minors) who need protection. The harm must be serious The remedy must be handled by the criminal justice system – police and courts
Chapter 6 - Defining Crime Crime isn’t an offence just against an individual, but against the public, or society as a whole. Ex. 1: Rob a store…affects more than just owner. How? -- Prices , affecting everyone. Ex. 2: Shoot someone at a party, affects more than just the victim How? -- _________________________ Thus in Canada, police/prosecutors decide whether charges are laid, not the individual.
Chapter 6 - Defining Crime Society changes the definition of crime over the years. Examples? 1795 stealing = death Abortion Same Sex Marriage Prohibition of alcohol What’s next for revision?
Criminal Law - Purposes Protect people and property Protect people from harm Enforce moral standards Maintain order Provide retribution – pay debt to society Provide rehabilitation and reintegration DETER people from committing crime -open trials-policing -education-social programs
Chapter 6 - Criminal Code The Criminal Code of Canada (CCC) is federal statute passed by parliament. The CCC Lists offences AND sentences. CCC changes as society changes (every year) For example in response to a perceived increase in violent crime, in 2007 Parliament passed Bill C-19 which changed the sentencing for offences involving personal injury, terrorism and organized crime 1986 Parliament tried to change CCC to make it less complicated, better organized, easier to understand, but couldn’t agree… Several other laws contain criminal law outside of the Criminal Code: Controlled Drugs & Substances Act, Income Tax Act, Youth Criminal Justice Act etc...
Current Societal Issues that Require Legislation: Internet downloading and copyright Cyber crime such as identity theft and online harassment or luring – Bill C-30 Prostitution Assisted Suicide
Chapter 6 - Provincial Jurisdiction Provinces can make own laws also, but usually for less serious offences. Provincial & Municipal laws usually referred to as “quasi-criminal” laws. –Ex: traffic/liquor/tobacco offences... -Liquor Control Act or Highway traffic Act or Wildlife Act Usually sentences less than 6 months or a fine up to $2000.
Elements of a Criminal Offence Actus non facit reum nisi mens sit rea “ The act will not make a person guilty unless the mind is also guilty”
The Elements of a Crime Every criminal act has two elements: Actus Reus and Mens Rea. These two have to be proven before the crown can get a conviction. AR and MR
Chapter 6 - The ELEMENTS of a crime “The Guilty Act” Demonstrates a voluntary action, omission, or state of being that is prohibited by law. So there are three ways to commit actus reus: –“action” = Hitting another person –“omission” = Not feeding a child –“state of being” = Possession of stolen goods or being in a gaming house. - ie. ‘everyone who ___________’ ACTUS REUS
“The Guilty Mind” Demonstrates that the act was intentional, knowing, negligent, reckless, or willfully blind. ie) everyone who ‘knowlingly’ or ‘with intent’ Chapter 6 - The ELEMENTS of a crime MENS REA
The act was intentional, knowing, negligent, reckless, or wilfuly blind. Intent:- General Intent = Sam hits Bob because angry -Specific Intent = Sam hits Bob to steal Bob’s watch. Knowledge Find counterfeit $, use it anyways = knowledge Negligence: failing to take precautions that a reasonable person would take to avoid causing harm Leaving loaded pistol on table. Ten-year-old Bobby shoots Sam by mistake. Recklessness: consciously taking an unjustifiable risk that a reasonable person would not take Driving 120mph, kill pedestrian by mistake. Wilful Blindness (Deliberately ignoring obvious) Ex: buying a t.v. with “RCSS” etched on side for $20 Chapter 6 - Mens Rea Explained
Chapter 6 - The Elements of a Crime ACTUS REUS + MENS REA = ? CRIME “The Guilty Act” + “The Guilty Mind” = ? CRIME AR and MR - criminal law vid
Note: Intent to commit a crime is not he same as Motive. Motive is the reason that someone might commit a crime. Intent, on the other hand, shows a person’s state of mind and willingness to commit a crime. ie.) If Bobo kills her mother to receive an inheritance, the inheritance is her motive, but it does not establish her state of mind or her intent to commit murder. The Crown must establish intent by showing that the killing was ‘planned and deliberate’.
Identify the Actus Reus and the Mens Rea Criminal Code, section 229 Culpable homicide is murder a) where the person who causes the death of a human being i) means to cause his death, or ii) means to cause bodily harm that he knows is likely to cause his death, and is reckless whether death ensues or not; Actus Reus Cause death to a human being Mens Rea intend to cause bodily harm knows the intended bodily harm is likely to cause the death of the human harmed is reckless
343. Everyone commits robbery who b) assaults any person with intent to steal from him; 342. (1) Every person who (d) uses a credit card knowing that it has been revoked or cancelled, 131. (1)... every one commits perjury who, with intent to mislead, makes before a person who is authorized by law to permit it to be made before him a false statement under oath or solemn affirmation, by affidavit, solemn declaration or deposition or orally, knowing that the statement is false. 209. Every one who, with intent to defraud any person, cheats while playing a game or in holding the stakes for a game or in betting is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years
Chapter 6 - Liability Many Regulatory Laws are federal or provincial statutes meant to protect the public so “mens rea” doesn’t need to be proven. They are: They are: – Less serious offenses – Crown does not have to prove Mens Rea – Laws do not include words like willfully or with intent. Examples: environmental protection workplace safety hunting & fishing regulations traffic offences (Ex: Even if you didn’t “intend” to drive 115 kmh in 100kmh zone, still guilty.)
Three Categories of Liability (legal responsibility): 1.Criminal liability (Actus Reus = Mens Rea) 2.Strict liability 3.Absolute liability Liability Equations 1)Actus Reus Mens Rea Absence of defense = Criminal Liability 2)Actus Reus Strict Liability Absence of due diligence = Criminal Liability 1)Actus Reus Absolute Liability = Quasi-Criminal Liability These apply to regulatory offences that create public safety
Chapter 6 - Strict Liability Strict Liability Offences - accused may agree that they did the offence BUT can defend themselves by claiming “Due Diligence” (careful planning to avoid the offence) was used. Example: ABC corporation charged with polluting the Grand River. ABC proves it has spent $3million during past few years creating waste treatment facility, training employees AND then a huge hurricane dropped more rain in 4 days than recorded in last 100 years! ABC would be successful in claiming that it did virtually everything possible to prevent pollution. It would be found innocent as they had used Due Diligence/Careful planning. R v. Sault St. MarieR v. Sault St. Marie
Chapter 6 - Absolute Liability Absolute Liability Offences = No defense possible.! Once Crown proves that the offence did occur and the accused was responsible for it, court must find the accused guilty. –Example: Driving without a license or driving motorcycle without a helmet or fishing without a license. Supreme Court has stated that since there is no defense possible for these crimes, there can be no prison sentences, only fines. R v. B.C.
Reasons for Strict/Absolute Liability Easier to prove Takes less court time Encourages citizens to obey the law Prevents defenses being raised as an excuse Makes regulation straightforward Protects the public
Strict Liability Offences The accused may acknowledge that the offence took place but then offer the defence of due diligence. Due diligence is proving that every reasonable precaution to avoid committing the offence was taken. Examples: Employee got hurt, but employer provided full safety training and safety equipment Absolute Liability Offences No defence possible Courts must find the defendant guilty once facts established and the Crown demonstrates the accused was responsible Because offenders can offer no defence once the facts have been established jail time is not a penalty Examples: Driving without a licence or speeding
Liability Testers Do the following scenarios involve absolute or Criminal Liability (mens rea required to establish guilt) Offences 1)Man stopped for failing to wear a seatbelt 2)Man texting while driving hits a pedestrian 3)Man assaults noisy neighbour with a baseball bat 4)Man steals a horse from the New Hamburg Fall Fair 5)Woman stopped for driving with an expired license plate sticker
Legal, Illegal and Criminal Behavior Legal – Not against the law and does not harm others but might be considered wrongful by many people Illegal (Regulatory)– Considered Quasi- Criminal; illegal acts are not criminalized so little or no jail time or criminal record -Provincial or Municipal Law- - Strict Liability Offence - Absolute Liability Offence Criminal – Actions in the criminal code and for which you could be imprisoned – criminal liability requires proof of actus reus + mens rea -- Federal Law – -SUMMARY CONVICTION OFFENCE -INDICTABLE OFFENCE -Using a cell phone in a movie theatre -Downloading unauthorized music -Drinking alcohol when you turn 19 -smoking in parks -soon to be prostitution-related laws or maybe assisted suicide -Purchasing cigarettes if you are 18 or younger -operating a car without wearing a seat belt -Hunting without a license -Teens in tanning salons -Texting while driving -Workplace safety or food safety are strict liability Theft Assault Possessing Marijuana Kidnapping Trespassing Soon to be cyber bullying -____________________________________________________________________________________ Some criminal offences are Hybrid Offences – the Crown can choose to treat as summary OR as indictable offence ie) theft over/theft under $5000
Testers: A. Are the following scenarios examples of legal, illegal or criminal behavior? B. Do they relate to criminal liability or absolute liability? 1) A man gets a body piercing in his eyelid. ____________________________________________ 2) A 12-year-old boy robs a store at knifepoint. ______________________________________________ 3) A homeowner is fined $375 for watering his lawn three days in a row. _________________ _________________ 4) A driver is charged with using a hand-held device while driving. ______________________________________ 5) A man attempts to rob a Triumph motorcycle dealership at gunpoint. ___________ _________________
Learning Goals I can describe the names/roles of people involved in a crime I can apply the names/roles of people involved in a crime to a new situation
Involvement in a Crime Crimes can be committed by different people with different levels of involvement How does the law distinguish these roles?
Chapter 6 -Involvement in a Crime. Perpetrator is the person who commits the crime..Co-perpetrator actively helped commit the crime Person must be at the scene of the crime to be considered. Ex: 2 people robbing a bank What if a person is involved but did not commit the crime?What if a person is involved but did not commit the crime?
Parties to an offence are those people who are indirectly involved in committing a crime. Aiding = helping the perpetrator commit the crime, but doesn't have to be at the scene Ex: Giving thief keys to the bank Abetting = encouraging the perpetrator to commit the crime, without actual physical involvement. Ex: “Hit him, hit him” Counselling = Give advice, persuasion Ex: “Go in through back door.” Parties to an Offence
Chapter 6 -Involvement in a Crime. Accessory After the Fact: Helping a criminal. Ex: Allowing wanted thief to sleep/store goods in garage. Party to Common Intention = Plan a crime, but more crimes committed by fellow criminals, all are equally guilty. Ex: 6 thieves rob a bank, one kills a guard, all 6 can be charged with murder.
Chapter 6 - Incomplete Crimes Criminal Acts must be completed for a crime to exist? There are exceptions to this rule: Criminal Attempt & Conspiracy. Attempt= Even if a person is unsuccessful in the commission of a crime, he/she can still be charged with criminal attempt. Ex:Terrorist caught with with bomb before use. Conspiracy = agreement between 2 or more people to perform an illegal act. Even if crime not committed, can still be charged. Ex: Bob and Sam plan to murder Sally. Hire an undercover police officer. Can’t be charge with murder, BUT can be charged with conspiracy for planning to kill.