SOC227 Lecture Notes - Lecture 3: Actus Reus, Regulatory Offence, Mens Rea
27 Sep 2016
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Any activity that prohibits by the law. Has to be subject to a penal sanction. Ex; probation, police and judiciary are required to enforce the laws regardless of their own personal views. Legal def: conduct that is prohibited by law and subject to a penal sanction. If you don"t have acts rea and there is no crime. Judicial decisions (growing tree) that interpret such legislation or state the common law". Unless something is against all those things - its legal. At one point in canada it was agains the law to sell or buy margarine. De nes acts and the legal elements that must be present for a conviction. In between" - the prosecutor has description in terms of how they wanna treat this offence. Provinces vs. federal government regulatory legislation - hunting, shing, drinking age. Trying to control how people operate their everyday lives. Judge made criminal law common law; - separate from the criminal code.
