CRIM 101 Lecture Notes - Lecture 2: English Criminal Law, Amicus Curiae, Provincial Superior
16 Feb 2018
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Criminal law: criminal law: the entire set of principles, procedures and rules established by governments through the courts and criminal code in order to ensure public safety . Criminal law public order, prosecuted by the state . Results in: beyond a reasonable doubt criminal penalties (e. g. imprisonment) Civil law contract or rights of another citizen. Criminal code was established: some legal decisions (e. g. by the supreme court of canada) can become binding on lower courts, but canadian judges are still bound/constrained by legislation (e. g. the criminal code) Mala in se: evil in of itself, all societies/cultures agree that its wrong, e. g. murder, assault, theft, kidnapping, treason, incest, child pornography. Mala prohibita: bad because it is prohibited, varies between societies/cultures and within cultures over time, e. g. sexual assault, drugs, torture, homosexuality, alcohol, adultery, polygamy, prostitution. Superior court-appeal: b. c. court of appeal, court of appeal of new brunswick, appeal division of the.
