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sept18, week2.odt

2 Pages

Law & Society
Course Code
Patricia O' Reilly

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Criminal Law in Canada September 18 , 2012 Week 2, Tuesday Introduction part II Nature of Crime crime is any form of human activity that law defines as such. Even though we may see certain actions or in-actions as immoral, No good Samaritan act in Ontario. Only in quebec. Once you've started saving someone, if you stop then it's illegal. Is all Immoral activity criminal? no. unless it's codified. Unless it's in the criminal code, in the books, it's not criminal. Diff Between civil and criminal wrongs Rule of Law no one is above the law. Everyone can be persecuted by the law. Everyone is subject to what the law states. Certainty of Law So that people feel comfortable, so that criminals can be punished. Is that we know that it's there and it's not going anywhere. It's evolving all of the time in response to public demand, public tolerance, and what's happening in the courts. Two main sources are legislation and the common law. Common law is where you go to court and are tried on a crim. Matter. Can appeal to Supreme Court of Canada. New laws being made even at the court of appeal, Not in place until legislation puts it in place. Representing the defendant: First question: what's the charge? (find it in the CCC or the police report) where the charge is, the section number, the element (what is required of the state- what do they have to prove to get a conviction against accused) if there's one element missing, there's reasonable doubt. Conduct, cirsumstances, cosequences. (three elements ofActus Reus) Foundational Principles of Criminal Law Procedural Protections of the Cha
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