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Chapter 2

WDW205 Textbook Summary - Chapter 2

3 Pages
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Department
Woodsworth College Courses
Course Code
WDW101Y1
Professor
William Watson

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Criminology WDW205H1 FSeptember 17, 2010 Note Series 2
Chapter 2 The Criminal Law and Its Process
The Origins of Law
Code of Hammurabi- the first written criminal code developed in Babylonia about 2000BC
Lex Talionis- punishment based on physical retaliation (an eye for an eye”)
Mosaic Code- by tradition, the covenant between God and the tribes of Israel in which they agreed to obey
his law, as presented to them by Moses, in return for Gods special care and protection
Wergild- under medieval law, the money paid for y the offender to compensate the victim and the state for
a criminal offence
Oath Helpers- during the middle ages, groups of 12 to 25 people who would support the accuseds
innocence
Stare Decisis- the principle that the courts are bound to follow the law established in previously decided
cases (precedent) unless the law was overruled by a higher authority
Common Law VS Statutory Law
Common Law- early English law, developed by judges, that incorporated Anglo-Saxon tribal custom,
feudal rules and practices, and the everyday rules of behaviour of local villages. Common law became the
standardized law of the land in England and eventually formed the basis of the criminal law in Canada
and the United States
Statutory Law- written law as decided by the legislature or other government agency. It reflects existing
social conditions dealing with issues of morality such as gambling and drug-related offences.
the difference? Under common law, new laws are made and applied by judges in specific cases based on
precedents and in situations where no applicable law can be found, the decision the judge makes then
becomes the law (because it becomes a precedent)
Common Law Crimes
1. Crimes Against the Person
First Degree Murder- the unlawful killing of another human being with malice and premeditation
Voluntary Manslaughter- is an intentional killing committed under extenuating circumstances that
mitigate the killing, such as killing in the heat of passion after being provoked
Assault- unlawful touching, or the fear of such
Rape- unlawful sexual touching without consent
Robbery- the wrongful taking and carrying away of personal property from a person by violence or
intimidation
2.Incohate (Incomplete) Offences
Attempt- is an intentional act for the purpose of committing a crime that is more than mere preparation
or planning of the crime e.g. placing a bomb in the victims car so that it detonates on ignition
Conspiracy- voluntary agreement to commit an act using means forbidden by law
3.Crimes Against Property
Burglary- breaking and entering a dwelling house with the intent to commit a crime
Arson- the intentional burning of a dwelling house
Theft- taking and carrying away the personal property of another with the intent to keep and possess it
How We Define Law
The most important classifications of law
1. crime and torts
2.indictable and summary offences
3. mala in se and mala prohibitum
law can be divided into two broad exclusive categories
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Criminology WDW205H1 F September 17, 2010 Note Series 2 Chapter 2 The Criminal Law and Its Process The Origins of Law Code of Hammurabi- the first written criminal code developed in Babylonia about 2000BC Lex Talionis- punishment based on physical retaliation (an eye for an eye) Mosaic Code- by tradition, the covenant between God and the tribes of Israel in which they agreed to obey his law, as presented to them by Moses, in return for Gods special care and protection Wergild- under medieval law, the money paid for y the offender to compensate the victim and the state for a criminal offence Oath Helpers- during the middle ages, groups of 12 to 25 people who would support the accuseds innocence Stare Decisis- the principle that the courts are bound to follow the law established in previously decided cases (precedent) unless the law was overruled by a higher authority Common Law VS Statutory Law Common Law- early English law, developed by judges, that incorporated Anglo-Saxon tribal custom, feudal rules and practices, and the everyday rules of behaviour of local villages. Common law became the standardized law of the land in England and eventually formed the basis of the criminal law in Canada and the United States Statutory Law- written law as decided by the legislature or other government agency. It reflects existing social conditions dealing with issues of morality such as gambling and drug-related offences. the difference?Under common law, new laws are made
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