CRM 2300 Study Guide - Midterm Guide: Procedural Law, Sport Utility Vehicle, Summary Offence
Document Summary
Based on the common law developed in england. Criminal law created based on liberal philosophy. The assumptions of this philosophy are: humans as rational beings calculate pleasure vs. pain mens rea element. Inquisitorial system: dominant in european countries, judiciary brings out the facts of the case and ascertain the truth, the judges ask and present the questions, must be convicted beyond reasonable doubt, preliminary inquiry, then trial court. Legislation (statute law) constitution act 1867 gives authority to the parliament to enact criminal laws. To make an issue a criminal law, the prohibition and penalty must be directed toward a public evil. Judicial decisions (common law) body of judge-made law that evolved in areas that were not covered by legislation; interpretation of legislation. Judges cannot create new common law offences but they may apply principles. If there is a conflict between statute and common law, statute law always overrules.
