SOCI-225 Lecture Notes - Lecture 7: True Crime, Absolute Liability
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Defenses in Criminal Law.
What is considered a "reasonable person" has changed since the last decade.
Most regulating offences are considered offences based on strict liability.
-Onus is on accused to show he was not negligent.
-Accused was aware of the regulations.
-Penalties are lenient.
Formerly, most regulating offences were of absolute liability
Becoming a Party to a Criminal Offence.
-Individuals do not need to commit an offence in order to be convicted.
-The Criminal Code Section 21 (1): Anyone is a party to a crime who; (i) actually commits it, or
(ii) assists another in committing a crime, (iii) encourages any person to commit it.
-The Supreme Court holds that this section means the person who assists or abets (encourages) a
crime is equally guilty as the main perpetrator.
Law as a Preventative Tool: Inchoate Offences.
-Inchoate Crime: When a person attempts to bring about a crime but is unsuccessful in its
Three Types of Criminal Code of Inchoate Offences.
I. Criminal Attempt: Taking some kind of action that manifests the intention to commit a crime.
II. Conspiracy: An individual enters into a agreement to assist in a criminal act.
III. Counseling: Procuring, soliciting, or inciting another to commit a crime.
-Raises question about our civil liberties.
-Criminal law should not punish people for simply harboring evil thoughts.
Defenses to a Criminal Charge.
-Conviction for a true crime should not occur unless accused is considered blame worthy.
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