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Lecture

Crim Class 4.doc


Department
Law
Course Code
LAWS 2302
Professor
Mike Smith

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Criminal Justice
Class 4
Purposes/goals/principles
LRCC proposed goals/purposes- what justifies putting something in criminal law
and what doesn’t
Mere offences vs real crimes
Ouimet
Smith
Costs of overcriminalization- too much criminal law
Role/influence of perspectives
Goals/purposes/principles
LRCC Law Reform Commission of Canada
Possible Goals (LRCC):
Retribution
Punished because wrong has been done
Goal is punishment
LRCC rejected this as part of criminal law (old fashioned idea)
Enforcing morality
Sexual offences/gambling/drug offences
Similar to retribution but has a different goal- want to change persons
behaviour to be good. Goal isn’t necessarily punishment
Problem- who’s morality is it? Everyone has different views
Why have morality in criminal law? Should come from families
Rejected by LRCC because other things (family) should enforce morality
Corrupting children
s. 172. (1)Everyone who, in the home of a child, participates in adultery or sexual
immorality or indulges in habitual drunkenness or any other form of vice, and
thereby endangers the morals of the child or renders the home an unfit place for
the child to be in, is guilty of an indictable offence and liable to imprisonment for
a term not exceeding two years
Possible Goals (LRCC) (Continued):
Protection from harm
Social self defence
Rehabilitate, put in jail harm levels will go down
LRCC accepts protection from harm
“Underlying values” approach
LRCC says this is most important
Important values in society upheld by criminal law
2 types of values:
Essential values:
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