Criminal Law. Defining Crime. Law 521. Society s Values = Law. The Criminal Code. Provincial Jurisdiction 11/20/2013

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1 Criminal Law Law 521 Jeffrey Dahmer Defining Crime Any act or omission of an act that is prohibited and punishable by federal statute (law). Omission means the failure to act in certain situations (not stopping at car accidents). Society s Values = Law Criminal law has changed! Adultery Marijuana Hanging Capital punishment Criminal Law Crime impacts society Gov t must intervene Main purpose of law: 1. Protect people/property 2. Maintain order 3. Preserve public decency Johnny Cash OJ Simpson The Criminal Code Federal statute Contains most of the criminal laws passed and amended by Parliament Lists: Offences Procedures Penalties Provincial Jurisdiction justice system is shared between prov and feds. Provincial governments appoint judges Provinces can pass laws which fall under their jurisdiction The laws passed by provinces/municipalities are called QUASI-CRIMINAL laws. 1

2 Elements of a Crime: Crown must prove: Actus Reus (guilty act) Actus Reus The voluntary action, omission, or state that is forbidden by the CCOC. Mens Rea (guilty mind) The criminal act usually MUST be completed in order for it to qualify as an offence. A guilty mind is usually not enough. Other Actus Reus: Omission: Sometimes a wrongful act in the CCOC (allowing a child to become malnourished, leaving the scene of accidents) State of Being: Being in possession of stolen goods, having tools of a crime, found in gaming/betting houses When is Actus Reus NOT Actus Reus? Actus Reus must be voluntary: Forcing others to commit crime Committing crime while sleepwalking Having reflex reactions (epilepsy) Must be present with actus reus for a criminal offence to be committed. Implies MORAL GUILT The accused did something he/she knew was wrong. Mens Rea Intent: State of Mind when someone carries out a wrongful action..knows what the results will be. Two types: General Specific Mark David Chapman Clifford Olson 2

3 Motive: The reason someone commits a crime. Useful at trial, but not one of the two required elements to prove a crime was committed Crown can show mens rea by showing the accused had knowledge that he/she was doing or was in possession of something illegal. Knowledge: Rosa Parks Criminal Negligence Recklessness Wanton or reckless disregard for the lives and safety of others, sometimes causing serious injury or death. Example: street car racing Knowingly taking an unjustifiable risk that a reasonable person wouldn t take. Wilful Blindness Involvement in a Crime: Mens rea can be the result of this. Deliberately closing your mind to the possible consequences of your actions. You should ask but you don t want to know the truth. Buying stolen goods. Legal terms for the different sorts of participants in crime: David Berkowitz (Son of Sam) 3

4 The person who actually commits the criminal offence. Perpetrator: Aiding: Not directly involved in the crime but partly responsible. They are PARTIES TO THE OFFENCE. Helping the perpetrator commit the crime. Lee Harvey Oswald John Dillinger (27 charged) Abetting: Counselling Encouraging the perpetrator of the crime without actually providing physical assistance. Advising, recommending, or persuading another person to commit an offence. Timothy MacVeigh Charles Manson Accessory After the Fact Someone who knowingly receives, comforts, or assists the perpetrator in escaping from the police. Party to Common Intention A shared responsibility among criminals for any additional offences committed during the course of the crime originally planned. Terry Nichols 4

5 Incomplete Crimes Two Exceptions to Actus Reus and Mens Rea Mehmet Ali Agca Attempt Perpetrator had intention to commit crime, but failed to carry it through. To prove guilt, the Crown has to show that the accused planned & took steps towards committing the crime. Terrorist bombings Conspiracy An agreement between two or more people to perform an illegal act. It doesn t matter if it doesn t get carried out. Mike Danton 5