SOCI 327 Chapter 2: Criminal Law & Justice in Canada
5 Feb 2016
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Chapter 2: criminal law & justice in canada. Procedural: substantive: legislation declaring what actions are punishable, procedural: how rights can be enforced, criminal process. Sections 8-14 of charter of rights & freedoms - principles of fundamental. Could not be married to the defendant. Intercourse must have happened without the female"s consent. Victim could be male or female, and spouses could be charged. 3 levels of assault: 1 = hybrid offence, 3 = worst. Parameters for allowing victim"s sexual history to be disclosed: bill c-127, bill c-49. Nullum crimen sine lege: no crime without a law. Corpus delecti:body of the crime: legality, actus reus: guilty act, mens rea: guilty mind, concurrence of ar/mr, harm, causation: act led to harm or a law being broken, punishment: sanctions for individual crimes are clearly stated. Excuse defences: age, mental disorder, harm, causation: act led to harm or a law being broken, punishment: sanctions for individual crimes are clearly stated.
