CRIM 131 Lecture Notes - Lecture 1: Actus Reus, Clearance Rate, Peacekeeping
5 Jun 2017
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Act or omission prohibited by criminal law with no legal defence (failing to report child abuse, failing to provide necessities of life to child) Components: actus reus (the act, mens rea (the intent) Establishes rules police, courts and corrections must follow. Only law can define crime and punishment, cannot be applied retroactively. Civil law: resolution of disputes between private citizens. Criminal law: government prosecutes, tried in criminal courts, sanctions may include prison, can also include fines, proof beyond a reasonable doubt. Civil law: all law but public law, wronged person brings suit to civil court, wronged party seeks financial damages, proof on reasonable probability or belief. The system of criminal law: common law: based on custom, traditions, and practice and is generally unwritten, statute law: written laws enacted by a legislative body, such as the parliament of. Canada: case law: law established by previous court decisions and based on rule of precedent (stare decisis)
