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CRM2300_All_Notes.docx

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Department
Criminology
Course
CRM2300
Professor
All Professors
Semester
Fall

Description
CRM2300September 7 2011What we will be discussing this semesterG20 protestQuebecAmericas protesthttpenwikipediaorgwiki3rdSummitoftheAmericas httpenwikipediaorgwikiFreeTradeAreaoftheAmericasPaper due October 64 pagesidentify conclusion what is this guy trying to convince me ofthis is the conclusion and this is whywhat evidence does he use to support his claimrefer to Web CTVictual Campus for point form answer keyKnow definitions and principlesCRM2300September 8 2011What we will be discussing this semesterG20 protestQuebecAmericas protesthttpenwikipediaorgwiki3rdSummitoftheAmericas httpenwikipediaorgwikiFreeTradeAreaoftheAmericasPaper due October 64 pagesidentify conclusion what is this guy trying to convince me ofthis is the conclusion and this is whywhat evidence does he use to support his claimrefer to Web CTVictual Campus for point form answer keyKnow definitions and principlesCommon Law vs Civil LawCriminal Law drawn from EnglandCommon Law traditionestablished in 1700s and 1800s in Englandreflection of the liberalism rising in England at the timeLiberal model of lawhe killed my brother for I stole his cowjudges defined what you were or were not allowed to do our definition of crimes was decided by judges on a case by case basisif you look at all those cases together they are called case lawin the 1600s when you are trying to figure out what to do if someone kills someone elses brother etc the judges created certain rules They decided we already created that rule so we will just do thateach of these rules became a legal precedent created a rule that would be applied in similar cases in the futurewhich one makes more sense in these circumstancesis it more like x or ywhat we are looking for is similarities in this case and all the other cases we had previouslyestablish a precedent then apply the precedent If you dont want to se that precedence you have to distinguish factsas case law established over time They created a court system ie one court on a lower level then supreme court on the topLower courts vs Higher courtsExample dancingallowed in Quebec but not Ontario because lower courts have decided thisLower courts are bound to decide to the decision to anyone higher than them in the hierarchy higher courtsie if Supreme court says no lap dancing in Canada then the provincial courts cannot say yes to lap dancingLiberal Model of Lawsociety is made up of individuals not groupan aggregate of individualsie you are not talking about violence against women or aboriginals etc because this is a grouprational individualsIm going to obey the law to protect my freedom from transgressionthe assumption here is that you are obeying the law because you dont steam my book because I dont want you to steal my bookthis is built right into the systemThe role of the law is to maximize individual freedomBenthamsview of a societylike a billiard tablein a system like this what we want to protect are freedom and propertyto punish someone what you want to do is take away their freedom or take away their propertyie if you take that car while you are drinking I will take the car awayBlameworthyyou are only going to punish those individuals who are blameworthyie if you accidentally pick up someones book you did not have the intention to steal it therefore you are not blameworthyHow do you decide if someone is blameworthyrational individuals weight the cost and benefit of their actionsthey only act when benefits outweigh the costsCriminal Codewe are expected to know how to find something in the Code by section number not page numberFirst created in 1892you will find the definitions of crimes rules about procedure what happens to a guy when he goes on bail when you let him out etcall crimes in Canada are defined in the codeThere are three crimes of crimesindictable offencea more serious offencebecause it is more serious you will lose more of your freedomnumber of procedures to protect you because the state needs enough evidence due processmore procedural protections bc more serioussummary conviction offenceless serious offenceif the punishment is less than 5000 or 6 months imprisonmentcannot be more less serious offence so we dont want to take away your freedom but since it is still an offence we will make the process faster summary conviction offencedualhybrid offencescrown attorney acting on behalf of th state decides if you are going to go more or less seriousChanges in1955Up until 1955 judges were still allowed to createadd more crimesJudges can make new defences but not new crimesjudges are the ones who say what the words in the Criminal Code meanvery important1867federal and provincial division of powercriminal law is a federal powerfederal government passes laws related to crime and criminalitybut for some reason power was given to provincial courtseach court is run by the province but the law is determined by the federal govt
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