WHAT IS CRIME? IT IS SENSATIONALIZE BY TV, NEWSPAPERS AND MYSTERY NOVELS. CRIMINALS CAUSE GRIEF AND SUFFERING TO THEIR VICTIMS AND COST THE TAXPAYERS BILLIONS OF DOLLARS EVERY YEAR. Chapter 6 The Nature of crime.

Nature of a Crime.

The Nature of crime What is a Crime? CRIME IS AN ACT OR OMISSION OF AN ACT THAT IS PROHIBITED & PUNISHABLE BY FEDERAL STATUTE. “OMISSION OF AN ACT” MEANS THAT SOME CRIMES ARE NOT ACTS IN THE STRICT SENSE, BUT RATHER THE FAILURE TO ACT IN CERTAIN SITUATIONS.

The Nature of Crime Four conditions must exist for an act or an omission to be considered a crime. 1. The act is considered wrong by society. 2. The act causes harm to society in general or to those (such as minors) who need protection. 3. The harm is serious. 4. The remedy must be handled by the criminal justice system.

The Nature of Crime Criminal law is the responsibility of the government and the main purpose of criminal law is: Protect people and property. Maintain order. Preserve standards of public decency.

The Nature of Crime To convict a person of a criminal offence in Canada, the government must usually prove that two elements existed at the time of the crime. Actus Reus + Mens Rea = Crime.

The Nature of Crime Actus Reus is: The guilty act/ physical act/omission. Striking/not striking. Failing to do something. State of being. Having in your possession stolen goods, B&E tools or gambling.

The Nature of Crime Mens Rea is: The “guilty mind”. A person did something that was wrong, intended to or meant to do something wrong in the eyes of society. There are two types of Mens Rea. General Intent. Specific Intent.

The Nature of Crime General Intent. A crime committed without a motive or purpose. Specific Intent. A crime committed with the intent of accomplishing something. The distinction between General and specific intent is that general intent is easier to prove.

The Nature of Crime Motive. Is the reason why the crime was committed and is useful as evidence but not one of the elements the crown must prove. To convict the crown must prove intent Knowledge. The accused had knowledge of certain facts. The crown only has to establish that you knew it was wrong and that is enough to prove the mens rea.

The Nature of Crime Criminal Negligence. You failed to take precautions that any reasonable person would take to avoid causing harm. Recklessness. Taking an unjustifiable risk that a reasonable person would not do. Wilful Blindness. Closing your mind to what is right and what is wrong and the consequences.

The Nature of Crime Strict Liability & Absolute Liability. These are offences that do not need Mens Rea. Strict Liability. The guilty party acknowledges the offence but offers the defence of due diligence which means they took every reasonable precaution to avoid committing the offence. Absolute Liability. No defence. The accused is responsible.