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 4 conditions must exist for an act or omission to be considered a crime:omission to be considered a crime:– ……act is considered wrong by societyact is considered wrong by society– ……act causes harm to society in general or act causes harm to society in general or

to those (such as minors) who need to those (such as minors) who need protectionprotection

– ……harm must be seriousharm must be serious– ……remedy must be handled by the criminal remedy must be handled by the criminal

justice systemjustice 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 remember – criminal laws essentially reflect society’s values at essentially reflect society’s values at the timethe timeEgs:Egs:

increased penalties for some firearms offencesincreased penalties for some firearms offencescyber crimecyber crimeprostitution – recent ruling – is it a change in prostitution – recent ruling – is it a change in

society or a legal anomaly?society or a legal anomaly?

Criminal law is federal responsibility Criminal law is federal responsibility but…but………provinces share administrationprovinces 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?

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 CrimeInvolvement in a Crime perpetratorperpetrator

……the person who actually commits the crimethe person who actually commits the crime co-perpetrator = if there is more than one person co-perpetrator = if there is more than one person

committing a crimecommitting a crime must actually be present at the scene of an offence to must actually be present at the scene of an offence to

be a perpetrator or co-perpetratorbe a perpetrator or co-perpetrator aidingaiding

……criminal offence that involves helping a perpetrator criminal offence that involves helping a perpetrator commit a crimecommit a crime

parties to an offence = people who are indirectly parties to an offence = people who are indirectly involved in committing a crimeinvolved in committing a crime

abettingabetting ……the crime of encouraging the perpetrator to commit the crime of encouraging the perpetrator to commit

an offencean offencecounselingcounseling ……a crime that involves advising, recommending, or a crime that involves advising, recommending, or

persuading another person to commit a criminal persuading another person to commit a criminal offenceoffence

accessory after the factaccessory after the fact ……someone who knowingly receives, comforts, or someone who knowingly receives, comforts, or

assists a perpetrator in escaping from the policeassists a perpetrator in escaping from the police

party to common intentionparty to common intention– ……the shared responsibility among criminals for the shared responsibility among criminals for

any additional offences that are committed in any additional offences that are committed in the course of the crime they originally intended the course of the crime they originally intended to committo commit

– Eg. 6 co-perpetrators plan to rob a Brinks Eg. 6 co-perpetrators plan to rob a Brinks truck – one of them shoot and kill the driver – truck – one of them shoot and kill the driver – all 6 can be charged with murderall 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