CRIMINAL LAW: The Nature of Crime

1. CRIMINAL LAW:The Nature of Crime

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

3. 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

4. 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

5. 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

6. 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

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

8. Pairs Activity: Slip or Trip?

9. Slip or Trip? 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, prepare your argument. Was it an accident or murder?

10. 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?

11. 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?

12. Here’s a sample on how Crime Stoppers is working…

13. 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?

14. Corporal Punishment Corporal punishment is the deliberate infliction of pain as retribution for an offence, or for the purpose of disciplining or reforming a wrongdoer, or to deter attitudes or behaviour deemed unacceptable. • Legal corporal punishment of school students for misbehaviour involves striking the student on the buttocks or the palm of the hand in a premeditated ceremony with an implement specially kept for the purpose such as a paddle, or with the open hand. • It is not to be confused with cases where a teacher lashes out on the spur of the moment, which is not "corporal punishment" but violence or brutality, and is illegal almost everywhere.

15. Corporal punishment in schools is still legal in some parts of the world, including 20 of the States of the USA, but has been outlawed in other places, including Canada, Japan, South Africa, New Zealand, and nearly all of Europe except the Czech Republic and France. It remains commonplace and lawful in many Asian and African countries.

16. Does Gender Matter? • Corporal punishment of male students has, in most cultures, generally been more prevalent and more severe than that of female students, but this generally applies to other forms of punishment as well, and probably relates partly to long-standing perceptions that boys are simply less well behaved than girls on average, especially during adolescence. In Queensland, Australia, school corporal punishment of girls was banned in 1934 but for boys in private schools it is still legal as of 2009. • In Singapore, schoolboys are routinely caned for misbehaviour while the caning of girls at school is forbidden by law. In the U.S., statistics consistently show that about 80% of school paddlings are of boys.

17. Every province except Alberta, Ontario, and Saskatchewan had banned corporal punishment in public schools before the 2004 ban, though British Columbia and Manitoba were the only provinces to ban it in both public and private schools. They are, in chronological order by year of provincial ban: • British Columbia - 1973 • Nova Scotia - 1989 • New Brunswick - 1990 • Yukon - 1990 • Prince Edward Island- 1993 • Northwest Territories - 1995 • Nunavut - 1995 • Newfoundland and Labrador - 1997 • Quebec- 1997

20. 1971 Moyers supplies catalogue advertising straps for sale to schools.

21. Thoughts!

22. Bookwork • Read pages 139-143 • Answer questions 1-7

23. 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

24. The Elements of a Crime To convict a person of a criminal offense, 2 elements must exist at the same time the offence was committed. Actus Reus: “The Guilty Act”- the voluntary physical act involved in committing the offence + Mens Rea: “The Guilty Mind”- the intent to commit an offence or knowledge that what he or she did was against the law. = CRIME

25. Which are examples of Actus Reus? • Robert puts a knife to Trevor’s back and forces him to rob a corner store. 2. Jean sleepwalks and does something illegal. 3. Thomas made Gina angry and she strikes him.

26. Mens Rea Intent: A person’s state of mind and willingness to break the law despite the consequences. There are 2 types of intent: • General Intent: Person commits wrongful act for its own sake e.g. Joe got really mad and hit Fred. Proving Joe hit Fred establishes Mens Rea. b) Specific Intent: Person commits one wrongful act for the purpose of accomplishing another. e.g. Joe hit Fred so he could rob him. Proving Joe hit Fred with the specific intent to rob him establishes Mens Rea.

27. Mens Rea Motive: The reason that a person commits a crime. It is not the same as intent. Example: Intent: Joe hit Fred with the specific intent to rob him. Motive: Joe had outstanding gambling debts.

28. Mens Rea Knowledge: • Sometimes knowledge of certain facts is enough to indicate mens rea. • Criminal Negligence • Recklessness • Wilful blindness All involve not taking the necessary care to ensure that your actions or omissions do not cause harm.

29. 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 Horton written on the side of it)

30. R. v. MacGillivray, (1995)Page 144 • What did he do to cause the accident? • Drove at a dangerous speed • Did not ensure that he had vision 2. The maximum sentence in the Criminal Code for dangerous operation of a motor vehicle causing death is a jail term not exceeding 14 years. Do you think that this offence should have a longer prison sentence? Explain.

31. Check Your Understanding! In the following excerpt from the Criminal Code, indicate which word or words establish the mens rea for the offence in question: 342 (1) Every person who… (d) uses a credit card, knowing that it has been revoked or cancelled, is guilty of …

32. 1. Read the article on page 146 of your text: “Father Jailed in Death of Son Left Unsupervised” 2. What did Robert do which was wrong? - Robert had not provided adequate supervision for his young children. • What evidence did the Crown use to prove actus reus or that Robert was guilty of a crime? - The Crown proved that lack of supervision had been a problem recently and that Robert had acknowledged this by promising the social worker that he would provide more care. This demonstrated a pattern of problematic behaviour around issues of supervision.

33. Partner Activity • Choose a partner. There are no groups of three. You may work alone, but if you wish to have a partner and do not have one, please see me. Credit will not be given to groups of 3. 2. Grab an assignment sheet from the top of the back bookshelf. 3. Complete the activity. Follow the instructions carefully and be sure to hand in your paper before the end of the period. This is a marked assignment, so give me your best work.  Be prepared to “defend” your decisions next day.

34. A Lawyer Riddle A lawyer at Allen-Makins has a brother who is a paralegal at Morrison & Forester.  However, the paralegal at Morrison & Forester doesn’t have a brother who is a lawyer at Allen Makins.  Why not? Answer: The lawyer is the paralegal’s sister.

35. Consider This Under current Canadian law, children under 12 are not considered capable of forming mens rea; therefore, they are not held responsible for the crimes they commit. Should they be held criminally responsible?

36. R. v. Adey (2001)Page 149 • What questions do you have about this case? • What connections can you make regarding this case? • Do you agree with the final judgment? Why or why not?

37. R. v. Kerster (2001)Page 151 1. What physical steps did Kerster take on the meeting day to indicate that he was going to complete the crime had he not been stopped? (This is the actus reus of his attempt) • Met with Daryl Heatherington • Brought money ($) • Went to the hotel to meet the girl 2. Describe how the accused showed his intent (mens rea) for attempting to obtain the sexual services of a person under 18. • Using a false name • Discussing money to be paid for the act • Discussing the kind of sexual favours he wanted performed by the girl • Do you think it is right for police to organize this kind of “sting” operation?

38. What should be done? • http://www.cbc.ca/player/News/ID/2394131981/?page=16&sort=MostRecent4 (Global – 2 minutes) • http://www.cbc.ca/player/News/TV%20Shows/Power%20&%20Politics%20with%20Evan%20Solomon/ID/2403570671/ (CBC – Harper to change laws – 2 minutes) • http://www.cbc.ca/player/Embedded-Only/News/Canada/Manitoba/Video%20Games/ID/2369061146/ (CBC – Luring online – 2.5 min) • http://globalnews.ca/video/867298/toronto-cop-uses-social-media-to-catch-child-predator(policing on-line - 3 min)

39. Vocabulary Liability: legal responsibility for a wrongful action Question – what should happen when someone is wrongfully accused, found guilty and later acquitted?

40. Strict and Absolute Liability(Page 152) • See handout • Nature of Crime – definitions • Rv. Ford (154) and Judge Fired for Lying (156)

41. Incomplete Crimes…Can a charge still be laid? When we discussed actus reus and mens rea, we noted that a criminal act must be completed for a crime to exist. In other words, there can be no theft where property is not actually taken. However, there are some exceptions to this rule, covered by the laws governing incomplete crimes. There are two types of incomplete crimes.

42. Incomplete Crimes #1:Attempt • Even when a person is unsuccessful in the commission of a crime, that person can be charged with attempt. This means that he or she had the intent to commit the crime but for some reason failed to carry it through. An attempt does not constitute actus reus, but technically the guilty act begins the moment mere preparation turns into an action required to commit the offence. • To prove someone guilty of a criminal attempt, all the Crown has to show is that the accused had the necessary intent and took some obvious steps towards committing the crime.

43. Incomplete Crimes #1:Attempt Example: In the case of a terrorist bombing, such a step might be the construction of the bomb itself or getting in a car to transport the bomb to the target site. Either of these actions could indicate a realistic threat and either would make the participants liable to charges of criminal attempt.

44. Incomplete Crimes #2:Conspiracy • This is an agreement between two or more people to perform an illegal act. It does not matter whether the act is actually carried out. Even if the conspirators change their minds or do not get a chance to commit the offence, they are still guilty of conspiracy because they once agreed to complete the crime.

45. Incomplete Crimes #2:Conspiracy Example: Justin and Jane agree to rob the Victory Credit Union. They both believe they need the money and that it is worth the risk. They work out the robbery together and plan for it to happen in two weeks. Unfortunately for them, they are busted by police just as they pull up to the Credit Union- a neighbour heard their conversations and called police. They were charged with conspiracy to commit robbery.

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

47. “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.

48. Involvement in a CrimePartner Activity – Create this chart

49. Involvement in a Crime Station #1 A pharmacy clerk named Lisa supplies the store key to her boyfriend, Bib. He uses the key to break into the pharmacy and steals prescription drugs. Even though Lisa is not present at the break-in, Lisa is still guilty of: Aiding

50. Involvement in a Crime Station # 2 Norma is injured in a fight with store security officers after being caught shoplifting. She manages to escape and make it to her friend Simone’s apartment. After hearing what happened, Simone offers to let Norma stay with her and provides her with food, clothing and medical assistance. When the police finally track Norma down, they arrest Simone, too, and charge her with: Accessory after the fact