An Introduction To Criminal Law
Criminal law, in its widest sense, includes substantive criminal law, the operation of penal institutions, criminal procedures and evidence, and police investigations. More precisely, the term refers to substantive criminal law - a body of law that prohibits certain kinds of conduct and imposes sanctions for unlawful behaviour.
In general, the prohibitions contained in criminal offences are concerned with protecting the public at large and maintaining the accepted values of society. These values include the preservation of morality (obscenity and prostitution); protection of the person (eg, murder and assault offenses); protection of property (eg, theft and fraud offences); preservation of the public peace (eg, incitement to riot and causing a disturbance offenses); and preservation of the state offenses.
Underlying the various theories explaining the purpose of criminal law is the basic premise that criminal law is a means by which society reaffirms its values and denounces violators. A change in values entails a change in the types of conduct society wishes to prohibit. Amendments to the Criminal Code in areas such as sexual offenses, abortion, pornography and punishment for murder demonstrate that Canadian criminal laws develop, at least to some extent, in response to changing social values.
Criminal law has also changed in response to technical advances, eg, recent amendments to the Criminal Code concerning theft of telecommunications, and credit card fraud and provisions regulating the use of wiretap surveillance. The sources of substantive criminal law in Canada are limited. Most offenses are created by the Criminal Code, which prohibits conviction of an offence at common law (except for the offence of contempt of court). Criminal offenses are also contained in other related federal statutes, such as the Narcotic Control Act, the Food and Drugs Act, and the Young Offenders Act.
In general, the prohibitions contained in criminal offences are concerned with protecting the public at large and maintaining the accepted values of society. These values include the preservation of morality (obscenity and prostitution); protection of the person (eg, murder and assault offenses); protection of property (eg, theft and fraud offences); preservation of the public peace (eg, incitement to riot and causing a disturbance offenses); and preservation of the state offenses.
Underlying the various theories explaining the purpose of criminal law is the basic premise that criminal law is a means by which society reaffirms its values and denounces violators. A change in values entails a change in the types of conduct society wishes to prohibit. Amendments to the Criminal Code in areas such as sexual offenses, abortion, pornography and punishment for murder demonstrate that Canadian criminal laws develop, at least to some extent, in response to changing social values.
Criminal law has also changed in response to technical advances, eg, recent amendments to the Criminal Code concerning theft of telecommunications, and credit card fraud and provisions regulating the use of wiretap surveillance. The sources of substantive criminal law in Canada are limited. Most offenses are created by the Criminal Code, which prohibits conviction of an offence at common law (except for the offence of contempt of court). Criminal offenses are also contained in other related federal statutes, such as the Narcotic Control Act, the Food and Drugs Act, and the Young Offenders Act.
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Activity: Newspaper Challenge
Individually, identify one news article to find one case for each of the following:
1. Summary Conviction Charge 2. Indictable Charge 3. Hybrid Use the criminal code to check if you are right! |
Why Do People Commit Crimes?
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http://www.biography.com/people/john-wayne-gacy-10367544#history-of-sexual-assaults
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Weekly Review
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Further Research Cases
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Arrest & Detention + Search & Seizures
In Canada, the police powers to search and seize are largely given by statute, but the common law also provides some additional powers in specific limited situations. Regardless of their origin, these powers are subject to the constitutional protection found in s. 8 of the Charter of Rights and Freedoms, which states, "Everyone has the right to be secure against unreasonable search or seizure." The Charter attempts to provide a balance between the interests of the individual, his privacy and his possessions, which should not be invaded except for the most compelling reasons; and the interests of society at large in detecting criminals and repressing crime.
Section 487.11 of the Criminal Code gives police the power to search and seize without a warrant, where it would be impractical under the circumstances to obtain one. The criteria required to obtain a warrant must be present however, and the police must be acting in the course of their duties. Section 489(2) of the Criminal Code also grants the police the power to seize items when they have reasonable grounds to believe they have been obtained by, or used in the commission of an offence, or that will provide evidence in relation to an offence.
Section 487.11 of the Criminal Code gives police the power to search and seize without a warrant, where it would be impractical under the circumstances to obtain one. The criteria required to obtain a warrant must be present however, and the police must be acting in the course of their duties. Section 489(2) of the Criminal Code also grants the police the power to seize items when they have reasonable grounds to believe they have been obtained by, or used in the commission of an offence, or that will provide evidence in relation to an offence.
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Pre-Trial Procedures
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CSI: BLOODSPORT
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TRIAL PROCEDURES: DEFENCES + BAIL AND RELEASE
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TRIAL PROCEDURES: EVIDENCE
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THE JURY
In Canada, law and justice is not only the business of Members of Parliament, judges, lawyers and police services. Each of us has a part in ensuring that the law works properly and justice is done.
Most civil cases in Canada are tried by judges without a jury. However,
Most civil cases in Canada are tried by judges without a jury. However,
- anyone charged with a criminal offence for which there can be a prison sentence of five years or more has the right to a trial by jury,
- in some cases, a person charged with a criminal offence for which there can be a prison sentence of less than five years may have the right to choose a trial by jury, and
- some civil cases can also be tried by judge and jury.
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3-8thejury.pdf | |
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Culminating Activity: Unit 3 Case Study
1. Find a report of a criminal case that you find interesting at www.canlii.org/en/on/oncj/. Make sure that the report you choose includes sufficient background information to allow you to write a summary of the facts.
2. Write a case brief in the format described in the Unit I Culminating Activity. It should be approximately 500 words in length.
3. Submit your case brief on Friday, May 8th.
Reflective Journal
In this journal entry, please write about the thing that you learned in this section that was the most surprising or meaningful. Explain your choice.
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Sentencing
A criminal sentence refers to the formal legal consequences associated with a conviction. Types of sentences include probation, fines, short-term incarceration, suspended sentences, which only take effect if the convict fails to meet certain conditions, payment of restitution to the victim, community service, or drug and alcohol rehabilitation for minor crimes. More serious sentences include long-term incarceration, or life-in-prison.
Criminal law theorists believe that sentences serve two purposes. First, they serve the goal of deterring future crime by both the convict and by other individuals contemplating a committal of the same crime. Second, a sentence serves the goal of retribution, which posits that the criminal deserves punishment for having acted criminally. When sentencing, a judge must impose the least severe sentence that still achieves both goals, while also considering the need for societal protection.
Criminal law theorists believe that sentences serve two purposes. First, they serve the goal of deterring future crime by both the convict and by other individuals contemplating a committal of the same crime. Second, a sentence serves the goal of retribution, which posits that the criminal deserves punishment for having acted criminally. When sentencing, a judge must impose the least severe sentence that still achieves both goals, while also considering the need for societal protection.
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3-9sentencing.pdf | |
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Restorative Justice & Wrongful Convictions
The legitimacy of the criminal justice system is based largely upon both its effectiveness and its fairness. Its effectiveness is judged by its ability to investigate and detect crime, identify offenders and mete out the appropriate sanctions to those who have been convicted of offences. Its fairness is judged by its thoroughness and the efforts it makes to redress the resource imbalance between the accused and the state at the investigatory, pre-trial, trial and appellate stages. The system does this by providing evidentiary protection and effective legal representation at all points.
Wrongful convictions undermine the two prongs of the criminal justice system’s legitimacy. If someone is wrongfully convicted, that person is punished for an offence he or she did not commit and the actual perpetrator of the crime goes free. As well, public confidence in the system declines when wrongful convictions are identified.
Wrongful convictions undermine the two prongs of the criminal justice system’s legitimacy. If someone is wrongfully convicted, that person is punished for an offence he or she did not commit and the actual perpetrator of the crime goes free. As well, public confidence in the system declines when wrongful convictions are identified.
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High Profile Cases:
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Review
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Test Questions
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