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LAWS 2301 (138)

Desiree Hayward

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LAWS 2301
Saunders- Carleton University

October 1 2012 LAWS2301A Chapter 2- Lecture 4 Purposes/goals/principles - LLCR proposed goals and principles (law reform commission of Canada) - Mere offenses versus real crimes - Ouimet - Smith principles (put together to deal with sexual offenses) - Costs of over criminalization - Role/influence of perspectives *Purposes and principles are meant to address the problems we have in the CJS * Law reform commission’s job was to restrain the CJS: Did come up with 4 main principles until they were replaced during the Mulroney era with the Law commission of Canada:(also underfunded) NOTE: Section 2.5 on historical perspectives in text: Skipped What are some purposes and goals of criminal law? (Class examples) - Maintain order/ social control - Deterring people from committing crimes - Control behavior - Justice - Ensure public safety - Protect (society, rights and freedoms) What do other people think should be the goal(s)?- Purposes of law according to LRC - Retribution: Argument- There are people who commit public wrongs out there and they should be punished for it- LRC rejects this idea of retribution as a principle of law - Enforcing morality- Should criminal law be used to enforce morality?- LRC rejects this idea on the basis that it’s too individual: Different people have different morals - Protection from harm: What’s a problem with having the right to protect yourself?- How do we define harm? HOWEVER we can use techniques of social self-defense in cases of undesirable activities(threatening with the criminal law)- LRC supports this - LLRC’s most important goal to criminal law has to do with the Underlying values approach- LRC says you have essential values in society, and you have values which are necessary for the type of society we want to have but do not necessarily need; And as such, we need to create laws that help protect these values when they are being threatened When these values are threatened, the law needs to; 1) Respond 2) Articulate 3) Inculcate values 4) Provide reassurance – That justice will be done Therefore, according to LRC, what we put in criminal law should only be the most essential laws and values MORALITY= PREVENTION, RETRIBUTION: PUNISHMENT, PROTECTION FROM HARM= SOCIAL SELF- DEFENSE, UNDERLYING VALUES= ESSENTIAL VALUES However, the LRC had to ask what regular people would want to be a criminal law, and came up with the distinction between; MERE OFFENSES V. TRUE CRIMES - Mere offenses violate useful rules while crimes violate essential rules- But what are useful rules? Parking violations for example are not worth criminalizing, same with hunting regulations - Crimes are wrong of a greater generality than mere offenses: Crimes that aren’t being committed in a specific area (a butcher serving tainted meat) - Crimes are more obvious wrongs than mere offenses- You need to have an identifiable victim/ direct identifiable harm - Was the crime purposive? Ouimet Committee; -The basic purpose of criminal law is to protect all members of society, including the offender, from serious, harmful and dangerous conduct - The basic principles of criminal law should be carried out with no more interference on the freedom of individuals than is necessary - Recognition of the innocent must be assured at all stages of the criminal justice process: PROBLEM as soon as someone is charged of a crime people generally assume they are guilty => leads to wrongful convictions - No conduct should be defined as cr
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