CRIMINAL LAW: The Nature of Crime

What is crime?  an act or omission of an act that is prohibited and punishable by federal statute

4 conditions must exist for an act or omission to be considered a crime: 4 conditions must exist for an act or omission to be considered a crime: –…act is considered wrong by society –…act causes harm to society in general or to those (such as minors) who need protection –…harm must be serious –…remedy must be handled by the criminal justice system

Criminal Law Criminal law exists to control or penalize acts that are considered wrong, or harmful by society.

a crime is an offense against the ‘victim’, but also against society –Eg. A theft from a store affects not only store owner, but also society as prices are increased, etc.

Criminal Law and Criminal Offences The Law exists to protect people Criminal law deals with offences committed against society as a whole Focus on prevention and penalty

…remember – criminal laws essentially reflect society’s values at the time …remember – criminal laws essentially reflect society’s values at the time Egs: Egs: increased penalties for some firearms offences increased penalties for some firearms offences cyber crime cyber crime prostitution – recent ruling – is it a change in society or a legal anomaly? prostitution – recent ruling – is it a change in society or a legal anomaly? Criminal law is federal responsibility but… Criminal law is federal responsibility but… …provinces share administration …provinces share administration

What is the Criminal Code? Contains most criminal laws Suggests sentences to be imposed based on other cases dealt with previously Also suggests procedures to be used The Code is amended (changed) by government as values and circumstances change in society Example: Crimes relating to technology

Criminal Actions In order for an action to be considered a crime, certain conditions must exist: Must be considered wrong Must cause harm to other people, society or those in need of protection (minors) The harm must be serious in both nature and degree The harm must be best dealt with though the mechanism of criminal law

Over the years… Crimes that were once considered serious are now considered less serious. Example: Marijuana possession Penalties have also changed as a reflection of the beliefs that society has Laws continue to evolve as society changes

Did you know? One in five Canadians or 20% of Canadians, fear being a victim of crime in his or her own community.

Pairs Activity: Slip or Trip?

After Margaret and her husband Charles got into a fight, she stormed out of the house and left him at home. Margaret drove to the country club where a party was going on. Everyone there complimented Margaret on her dress and how well it fit her slender figure and this made her feel a little better. Margaret left just before one in the morning and invited a few friends to follow her home for one more drink. She got home 10 minutes before they arrived but when her friends rang the doorbell, Margaret ran outside saying, “Something terrible has happened! Charles has slipped and fell on the stairs! He was coming down for another drink- he still had the glass in his hand- and I think he’s dead. Oh my God, what should I do?” The police concluded that Charles died from a wound on the head and confirmed the fact that he’s been drunk. What do YOU think happened? You are a member of the investigative team. You must determine whether this was an accident or murder. Analyze the evidence in Margaret’s story and the picture and look for clues for how and why the incident occurred. Once you have gathered the evidence, make your claim. Was it an accident or murder?

Thinking about our community… What are some crime prevention programs and/or strategies that are used in our community? Do you think they work? Why or why not?

Did you know that section 43 of the Criminal Code allows school teachers, parents, or guardians to use “reasonable force” in disciplining children under their care? What would you consider “reasonable force”? Do you think this section of the code should be amended? Why or why not?

Quasi-criminal laws Technically, laws created by provinces or municipalities are not considered criminal laws, but quasi-criminal laws. These laws generally cover less serious offences and the usual punishment for breaking them is a fine, but you could potentially be sentenced to jail. Example: Speeding tickets, underage drinking

knowledge cont’d: Criminal Negligence: Doing anything or omitting to do anything (that is your duty to do so) that shows reckless disregard for the lives and safety of others. (E.g. Company dumps toxic chemicals and it gets into someone’s well.) Recklessness: Consciously taking a risk that a reasonable person would not take (e.g. throwing a glass bottle into crowd of people) Wilful Blindness: Deliberately closing your mind to the possible consequences of your actions by choosing not to ask questions or investigate the situation. (e.g. buying a cheap TV from someone with the letters AVHS written on the side of it)

What is a “STING” operation? Who is involved? Are they legal? What are the limitations?

“Sting” Operations It is legal for police to pose as criminals in order to catch a criminal Police can legally organize a “sting” operation but police cannot initiate doing something wrong- they can only follow the lead of another person. There can’t be an “all call”

Involvement in a Crime perpetrator perpetrator …the person who actually commits the crime …the person who actually commits the crime co-perpetrator = if there is more than one person committing a crime co-perpetrator = if there is more than one person committing a crime must actually be present at the scene of an offence to be a perpetrator or co-perpetrator must actually be present at the scene of an offence to be a perpetrator or co-perpetrator aiding aiding …criminal offence that involves helping a perpetrator commit a crime …criminal offence that involves helping a perpetrator commit a crime parties to an offence = people who are indirectly involved in committing a crime parties to an offence = people who are indirectly involved in committing a crime

abetting …the crime of encouraging the perpetrator to commit an offence …the crime of encouraging the perpetrator to commit an offencecounseling …a crime that involves advising, recommending, or persuading another person to commit a criminal offence …a crime that involves advising, recommending, or persuading another person to commit a criminal offence accessory after the fact …someone who knowingly receives, comforts, or assists a perpetrator in escaping from the police …someone who knowingly receives, comforts, or assists a perpetrator in escaping from the police

party to common intention –…the shared responsibility among criminals for any additional offences that are committed in the course of the crime they originally intended to commit –Eg. 6 co-perpetrators plan to rob a Brinks truck – one of them shoot and kill the driver – all 6 can be charged with murder

attempt …the intention to commit a crime, even when the crime is not completed conspiracy …an agreement between two or more people to carry out an illegal act, even if that act does not actually occur