CRCJ 1001D Week 4 LECTURE.doc

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Criminology and Criminal Justice
CRCJ 1000
Jeffrey Mohonogan

WEEK 3 JAN 21, 2013 Introduction to the Criminal Justice System Emergence of criminal justice system; formation of modern policing; Liberty limiting principles; functions of criminal law; definition of crime in Canada; prosecutorial processes and criminal defences; Charter. Required readings: Seigel, Larry J. and Chris McCormick (2010). “Chapter 2: The Criminal Law and its Processes” in Criminology in Canada: Theories, Patterns, and Typologies (fourth edition). Pp. 31-60. ======== Outline Administrative Affairs Assignment #1 CULearn – lecture notes available Summary from last class .> what is crime? .> what is criminology? This week: What is Criminal Law? Definition of law law is a “living concept” The Origins of Law Early legal Codes Early Crime, Punishment, and law > Salem Witch Trial Origins of Common law stare decisis Statutory law The Development of law in Canada Development of policing in Canada Development of Criminal Code Classification of Law Civil wrongs Regulatory offences Criminal offences Indictable Summary Offences Mala in Se and Mala Prohibitum Structure of the criminal justice system Functions of the Criminal Law 5 functions from Seigel and McCormick The Legal Definition of a Crime: The Basis of Criminal Responsibility Actus Reus Mens Rea Intent Transferable Constructive Strict liability Criminal Defences Ignorance or Mistake NCR Jeffrey Arenburg. Vince Li Guy Turcotte Intoxication Non-insane automatism Duress R v Ryan Necessity R. V Latimer Self-Defence Entrapment Mr Big The Canadian Charter of Rights and Freedoms Next weeks readings ======== This week: What is Criminal Law? “The criminal law controls the formal definition of and content of crime” .> a criminal law is a “living concept” “The law defines the behaviours that society lables as criminal” Criminal code; a fusion of historical traditions, moral beliefs, social values; and its influenced by political, economic and social conditions. The Origins of Law: Early legal Codes Babylonian Code .> others discussed in Siegel.  lex talionis: ‘eye for an eye’ The Origins of Law: Feudal Law .> without fixed states/authorities .> arbitrary/ chaotic > violent punishment. Corporal and capital punishment. Case study: Salem Witch Trial Origins of Common law stare decisis .> origins in England, adopted in much of the British Commonwealth (colonial) world. Def of common law: judge-made law, case law derived from previously decided cases. Such crimes as murder, burglary, arson, and rape are common-law crimes-they were initially defined and created by judges. The common law was a constantly evolving legal code, based on legal decisions made from the ground up. Common law is still the basis for understanding statutory law today. Statutory law .> legislating crimes The Development of law in Canada .> largely based of UK. .> HBC .> Standardized w/ British North America Act (1867) .> first CCC in 1892,. From Cavanagh (2011): 1 Deciphering the nature of the sovereign claims to Rupert’s Land has been, and still is, a perplexing task. At different times in the nineteenth century, it was an issue that variously affected settlers, natives and Méis, lawyers, colonial administrators, British parliamentarians, US politicians, and a number of competing trading companies, railway magnates, and speculators. Nowadays, the issue is made pertinent by ongoing concerns around Aboriginal rights to resources, lands, and self-determination—and yet it is still a point of uncertainty among historians, lawyers, and the champions of Aboriginal Canada who fall in between how sovereignty worked in Rupert’s Land. ... The nineteenth-century pandemic of confusion surrounding the jurisdiction, lands, and subjects of the HBC seems (if anything) to encourage an adjustment of the way we conceptualize the company’s historical presence in Rupert’s Land.... I submit that the HBC was, in fact, a company-state, whose “settlements” were managed by its Committee of Ad-venturers in London as well as by the (often conflicting) orders and individual discretion of its Bayside Governors. The Crown, by contrast, beyond granting and extending the company’s charter at home, had barely a part to play in the operation.... It was up to the HBC to establish itself in Rupert’s Land, defend its establishments, make alliances with locals, and challenge any intruder that entered its jurisdiction... [The] company’s rule, though at times confusing and never clear-cut, was applicable not only to the HBC’s subjects—indentured labourers—but, eventually, to the nearby population of “home guard Indians.” This is crucial: by exercising jurisdiction over nearby First Nations, the HBC took steps toward ensuring that its own sovereignty was more formidable than indigenous forms of sovereignty in Rupert’s Land. Finally, I suggest that the company’s sovereign grip on the region was strengthened by the success of its welfare regime, which allowed it to attract and maintain a loyal subject base in and around the settlements. .> 1949 that SCC became the final court of decision in Canada .> over time: consolidation of many different legal/criminal regimes; municipal, provincial, territorial, federal. The Development of Policing in Canada .> primarily military that did ‘police work’ in colonial Canada. in mid-1800s, municipalities started to ‘deputize’ sheriffs and policemen. .> Toronto created a police department in 1835, .> Quebec city and Montreal followed suit in 1838 and 1840, respectively. .> The Police of Canada Act (1868) created the Dominion Police, and the NWMP began in 1873. .> creation of NWMP in 1873; became the federal Royal Canadian Mounted Police (RCMP) in 1920. The spread of law enforcement and the development of a legal system gradually became more sophisticated and professional. Classification of Law Civil wrongs Regulatory offences Criminal offences Criminal Offences: Indictable and Summary Offences An indictable offence is a serious offence, such as murder (section 231), while a summary offence, such as loitering (section 179 on vagrancy), is a minor or petty crime. Summary offences have a six-month limitation period on prosecution, they are heard in provincial or territorial court, and the maximum fine is $2,000, or a six-month jail term, or both. Structure of the criminal justice system (From Seigel pg 41) Mala in Se and Mala Prohibitum Mala in se crimes are rooted in the core values inherent in our culture and are designed to control such behaviours as inflicting physical harm on others (assault, ,.rape, murder), taking possessions that rightfully belong to another (larceny, burglary, robbery), or harming another person's property (malicious damage, trespass). Mala prohibitum crime involves violations of laws that reflect current public opinion and social values that are more relative in nature. Actions are periodically designated as crimes to control behaviours that conflict with the functioning of society, such as drug use and possession of unlicensed handguns. Although it is relatively easy to link mala in se crimes to an objective concept of morality, it is much more difficult to do so if the acts are mala prohibitum. Functions of the Criminal Law (1) providing social control, (2) discouraging revenge, (3) expressing public opinion and morality, (4) deterring criminal behaviour, and (5) maintaining the social order. ===== break ========= Elements of an Offence: Actus Reus and Mens Rea -> definition of Intent: Carrying out an act intentionally, knowingly, and willingly. -> specific intent vs general intent Negligence involves a person's acting unreasonably under the circumstances. For example, if a drun
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