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Unit 3

Unit 3. Criminal Law. Criminal Law. Why does society criminalize certain behaviours? What effect do criminal behaviours have on society? How does society deal with criminal conduct?. Curricular Outcomes.

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Unit 3

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  1. Unit 3 Criminal Law

  2. Criminal Law • Why does society criminalize certain behaviours? • What effect do criminal behaviours have on society? • How does society deal with criminal conduct?

  3. Curricular Outcomes • GCO D: Students will demonstrate an understanding of Criminal Law and the Criminal Court System • D1: Describe the nature and jurisdictions of criminal law • D2: Compare the summary conviction and indictable offences • D3: Explain the investigation, arrest, trial & defences for the accused, sentencing, and appeal process • D4: Describe the Canadian Corrections System • D5: Explain the key components of the Criminal Code of Canada and the Youth Criminal Justice Act amongst other statutes • D6: Define and identify the elements of a crime

  4. The Nature of Crime • What is a crime? • What is the advantage to society of having a written criminal code?

  5. The Nature of Crime • Crime: • Any act or omission of an act that is prohibited and punishable by Federal Statute • Omission = failure to act • i.e. stopping at the scene of an accident

  6. What makes it a crime? • 4 Conditions must exist for it to be considered a crime: • 1. the act is considered wrong by society • 2. the act causes harm to society in general or those who need protection (i.e. minors) • 3. the harm must be serious • 4. the remedy must be handled by the Criminal Justice System

  7. Societal Values • What society considers wrong can vary by time & place • Some changes in crime: • Place: • prostitution illegal in Canada, not in Netherlands • Time: • adultery used to be illegal in Canada • Serious: • marijuana used to more serious of an offence than it is today • Penalties: • theft used to merit the death penalty…

  8. Crimes Against Society • A crime is considered to have an impact on society as well as the individual who is the direct victim • It is therefore the government’s responsibility to investigate and act against people who commit crimes • Example: • Theft from a CD store not only means financial loss to the store owner, but also, other customers are indirectly harmed. The owner needs to increase costs to recoup their losses. • A jogger gets mugged in the park. Society (tax payers) pay for any medical costs; people become wary of the park and stop going there.

  9. Crimes Against Society • Criminal Law: • The body of laws that prohibit and punish acts that injure people, property, and society as a whole • Purpose of Criminal Law: • To protect people and property • To maintain order • To preserve standards of public decency

  10. The Criminal Code • The Criminal Code: • A federal statute that contains the majority of criminal laws passed by parliament • Lists: • Offences • sentences to be imposed • procedures to follow with the accused • Reflects the social values of the majority of Canadians • Changing values  may cause changes in the CC • Advances in technology  may cause additions to the CC • Outdated laws  may cause revision/repeal of the CC

  11. History of the Criminal Code • Prior to 1867 Confederation • Each province created its on Criminal laws (based on Britain) • 1867 • Canada’s 1st PM, John A Macdonald, advocated a uniform set of criminal laws for the entire country, to eliminate confusion & unfairness • S.91(27) of the Constitution Act, 1867 granted the federal government the power to exercise the legal authority to make criminal laws for Canada • 1892 • Parliament passed the statute: the Criminal Code of Canada • Post 1892 • Other federal laws contain criminal offences as well • i.e. Controlled Drug & Substance Act, Customs Act, Youth Criminal Justice Act

  12. Jurisdiction of Criminal Law • Federal Jurisdiction: • Parliament of Canada has exclusive jurisdiction to establish & revise Criminal Law for all of Canada • Federal & Provincial: • Share legal authority for administering it • Provincial:

  13. Provincial Jurisdiction • Provincial: • Each Prov. Gov. appoints own judges, pays for & administers own court system • Handles the majority of criminal law in their province • Passes laws on matters under their jurisdiction • i.e. traffic, liquor • May transfer jurisdiction to municipalities • i.e. neighbourhood bylaws (noise) • Quasi-Criminal Laws: • Laws covering less serious offences at the provincial or municipal level; often punishable by fines • i.e. Ontario = Liquor Control Act, Highway Traffic Act, Wildlife Act

  14. Applying your Understanding • P. 141 • Law in your life • What exactly is “Reasonable Force”? • Ball Playing Prohibited, Bylaw 391 • Homework!!! P.143 #1,3,4,5,7

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