CRM 100 Lecture Notes - Actus Reus, Mens Rea, Summary Offence
4 Dec 2013
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Federal government by way of constitution act (bna act) 1867. Federal government is highest level of government only government able to make criminal law, statues and federal prisons. 20 years after federation, criminal code was established in 1892. Administering criminal justice, (through policing, court systems, provincial prisons) Provincial quasi-criminal statues (ex. highway act, health act) Rules of evidence must provide information no self-incrimination (are not compelled to provide information that might harm your defence ex. financial records etc) State power to punish ( state is only one which is allowed to punish) Information (charging document) has to be sworn either by victim or state Reviewed by justice (determines whether there is enough information, and if they believe it will hold up in court they will give a summons or warrant) Order to compel the accused (summons or warrant) Determine territorial(geographic) jurisdiction ex. if your from toronto but committed a crime in ottawa, may have to go there for trail.
