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Woodsworth College Courses
David Davies

WDW225 September 23, 2010 Nuts and Bolts of Criminal Law Lecture 1 Uses of Criminal Law 1. Regulate morality -denounce immoral conduct -reflect societal values 2. Define the limits of acceptable behaviour -forms the basis of the social contract -boundaries change over time -limited consensus of what should be crime i.e. possession of marijuana, abortion, homosexuality, prostitution 3. Justify imprisonmentdeprivation of liberty 4. Protect society from harm Other Mechanisms? 1.Informal social control communitypeer pressure 2.Formal social control -regulation (i.e. non-criminal offences, licencing etc.) -incentive structures (i.e. Tax incentives) -public education (i.e. MADD) -therapeutic model 3. Nothing -there may be things in the criminal code where you would wonder why the law exists i.e. water skiing at night Questions throughout the Course 1 what sort of activities should the state criminalize? 2 what limits should be placed on the states ability to enact criminal law? 3 what should the role of the courts be in definingapplying criminal law? Players in the System? 1.Parliament -enact legislation 2.Police -investigate crime 3.Crown attorney -prosecute crime 4.Defence counsel -defend those accused of crime 5.Court -interpret legislation, strike down unconstitutional legislation, apply legislation, determine guiltinnocence, impose sentence What is a Crime? Basic Definition: Crime = Prohibited Act + Potential for Penal Sanction Distinguishing CRIME from other prohibited or regulated conduct which carries potential for penalties -parking enforcement -owning an illegal pit bull www.notesolution.com
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