Textbook Notes (368,629)
Canada (162,027)
Criminology (258)
CRM1300 (65)
Chapter 2

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Carolyn Gordon

Chapter 2 - Criminal law  body of law that deals with conduct considered so harmful to society as a whole that is prohibited by statute, prosecuted and punished by the government o British common law o Henry II o Re-defined private wrongs as crimes against the state o Circuit judges  laws based on local customs replaced o Stare decisis  based on situations of similar facts o Leads to stability and predictability Codified sources of Canadian Criminal Law - Constitution (1867) o Fundamental principles that guide the application and enactment of laws by the courts - Case Law o Application and interpretation of laws as they apply in any case - Statute Law o Prohibits/mandates certain acts (CC) o Through these  criminal law created, changed, eliminated o Only parliament has power to enact criminal law - Administrative Law o Laws written by regulatory agencies  Protection of environment Rule of Law: Promotes Equality, Fairness and Justice - Scope of law  no privileged exemptions - Character of the law  public and understandable  codified and available - Institution of law  certain rules must exist for the law to be fair and just  can’t provide self- incriminating evidence, fair hearings Types of Criminal Law - Substantive law  body of legislation that declares which actions will be punished by the state o Criminal Code - Procedural law  Tells us how the rights and duties of individuals can be enforced o How law enforcement agents have to act when dealing with suspect o Ensures safeguards  individual’s rights aren’t exploited o CCRF sec. 7 - 14 Rape Laws  Prior 1983 - Complaint had to be female - Accused as to be male - Complaint/accused couldn’t be married - Sex occurred - Victim’s sexual history could be brought up in court - Implied consent accepted - Intoxication as excuse Sexual Assault Laws  Post 1983 - Bill C-127  Changes with substantive law - Rape was replaced with 3 degrees of sexual assault - Level 1 – victim suffers least physical injury (10 years max) - Level 2 – involves/threat of weapon, bodily harm caused (14 years max) - Level 3 – wounds/disfigures/endangers life of victim (life) - Level 2  some things aren’t considered as weapons (curling irons) - Level 1  emotional/psychological injury? - Procedural issues o Gender of accused/complainant o Relationship o Victim’s sexual past  victimizing  slept with a lot already o Implied vs. actual consent o Intoxication no longer excuse Legal Defences - Excuse defences o Conduct is wrong but certain circumstances exist and the actor is excused from criminal liability (no criminal intent) - Age  3 distinct stages o Under 12 o 12 – 17 YCJA o Adulthood - Mental Disorder o Mind disease o Andrea Yates - Automatism o Sleep walking  unconscious/involuntary o Man was acquitted  had a nightmare and killed wife o Acquitted for murder - Mistake of Fact o Act was committed because individual  certain circumstances existed o Honest mistake o Focus on mens rea o Mick Jagger and girlfriend  gf picked up wrong suitcase which had weed o Limits –sexual assault cases - Mistake of Law o Ignorance of law is no excuse - PMS/intoxication Justification Defences  defendant admits to crime  argues that act was justified under the circumstances Complete Defences  results in acquittal - Duress  wrongful threat of one person makes another person commit a crime o Robs bank, points gun at innocent man and tells him t
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