5 Pages
Unlock Document

University of Toronto St. George
Woodsworth College Courses
Breese Davies

th September 20 , 2012 WDW225H LECTURE 2 Uses of Criminal Law - There is no one single theory about what criminal law can do or should do - One of the purposes is to regulate morality o Denounce immoral conduct o Reflect societal values (reflects what is moral/immoral, i.e. stealing from others is immoral) - Also define the limits of acceptable behaviour o Forms the basis of the “social contract”  We all buy into a social contract, we each give some of our individual rights to max the rights of everybody o Boundaries change over time o Limited consensus of what should be crime  We would agree that the possession of marijuana, abortion, homosexuality, prostitution are crimes - Also justify imprisonment/deprivation of liberty o We have crime, and if you have committed a crime, it provides a justification to penalize you - And protect society from harm o We criminalize things that are harmful Options? - The question is, why is something considered crime - Criminalize conduct - Formal social control o Regulation (non-criminal offences, licencing, regulatory framework, etc)  I.e. regulation about where to buy tobacco, who can drink alcohol, etc o Incentive structures  I.e. tax incentives – Metropass (this is a form of regulating behaviour, that we want people to stop driving their cars, so we give people an incentive to do something different)  There may be behaviours we want to change, and there are incentives to get us to change that behaviour o Public education  I.e. M.A.D.D. o Medical regulation - Informal social control – community/peer pressure o We have all sorts of social control where we have expectations of how people will act - Nothing Uses of criminal law - When we talk about crime, we’re talking about a very specific category of crime and how they’re regulated th September 20 , 2012 - Must distinguish crime from other prohibited conduct or regulated conduct which carries potential for penalties (including jail) o Parking infraction (Highway Traffic Act) o Owning an illegal pit bull in Ontario o Urinating in public o Operating a hot dog stand without a licence - These are not crimes The criminal justice system 1. Parliament (federal) a. Enact legislation 2. Police a. Investigate crime b. First entry in the criminal justice system c. They lead the investigation process d. The police lay charges 3. Crown attorney a. Prosecute crime b. Lead the evidence on behalf of the Queen (everyone) and attempts to convict people who are charged 4. Defence counsel a. Represents the accused person 5. Court/judge a. Interpret legislation, strike down unconstitutional legislation, legislation, apply legislation, determine guilt/innocence, impose sentence b. The more creative they are with the law, the more the parliament will change the laws c. Judges always decide the sentence Sources of crimes in Canada - Only the federal government can enact crimes, municipal and provincial enact offences 1. The criminal code of Canada a. Everything in it is a crime b. First enacted in 1892 c. Amended from time to time (changing parts of the legislation) 2. Controlled Drugs and Substances Act a. Contains all drug offences b. Enacted in 1996 c. Divides different drugs into different “schedules” d. Replaced the Narcotics Control Act Categories of Criminal Offences - Three categories 1. Summary conviction offence a. Most minor offences (least serious) th September 20 , 2012 b. I.e. harassing phone calls, possessing a small amount of marijuana, waterskiing at night, etc c. Still a crime just less serious d. Less procedural protection, trial happens faster, happens in the lower court, outcome is a much lower sentence e. Maximum sentence is 6 months of imprisonment (with some exceptions) 2. Indictable offences a. Most serious offences b. I.e. murder, cause explosion, importing/exporting weapons, trafficking cocaine, etc c. Max penalty is 10-14 years of imprisonment (?) 3. Hybrid offences a. Process is more streamline b. Majority of offences (middle of most and least serious offences) c. I.e. assault, sexual assault, false firm alarm, promoting hatred, theft under $5000, trafficking anabolic steroids - If you’ve assaulted someone many times and have a bad criminal record, the crown could charge you with an indictable offence just so you can get a more serious sentence - Summary offences will always stay
More Less

Related notes for WDW101Y1

Log In


Don't have an account?

Join OneClass

Access over 10 million pages of study
documents for 1.3 million courses.

Sign up

Join to view


By registering, I agree to the Terms and Privacy Policies
Already have an account?
Just a few more details

So we can recommend you notes for your school.

Reset Password

Please enter below the email address you registered with and we will send you a link to reset your password.

Add your courses

Get notes from the top students in your class.