The Plan… 30 Sept 13

1. The Plan… 30 Sept 13 • Talk about the test • They are marked… so-so results • Hint: Some of you need to start taking this course a little more seriously, that being said those of you who do “try” but have less than favorable results, keep on trudging… • Start Chapter 6: The Nature of Crime • Presentation • Reading & Handout (only do ques 1-8) = HW • Work on Definitions (if time)

2. 6.1 – the nature of crime

3. A quick introduction… • As you know, crime happens everywhere, be it in Canada or any country around the world, it is there… • It is filled with intrigue, think of all the TV shows, movies, or books dealing with crime • They tend to deal with the perceived notion that crime can be “glamorous” and filled with “intrigue” • In reality, crime and criminals cause immeasurable grief and suffering to their victims and cost our country billions of dollars each year • You will learn to describe the elements needed for a person to be charged with a crime under Canadian Law, along with numerous other characteristics revolving around criminal law procedures, the people involved, and the outcomes reached.

4. What is crime? • …an act or omission of an act that is prohibited and punishable by federal statute • “omission” refers to the fact that crimes are not necessarily an ‘act’, but can also be the ‘failure’ to act in certain situations (negligence) • According to the Law Reform Commission of Canada, four conditions must exist for an act or omission to be considered a crime: • …act is considered wrong by society • …act causes harm to society in general or to those (such as minors) who need protection • …harm must be serious • …remedy must be handled by the criminal justice system • One thing of note: what society considers “wrong” can vary over time, and from place to place. I.E. prostitution is legal in some European countries, however is illegal in Canada.

5. Criminal Law • a crime is an offense against the ‘victim’, but also against society • I.e. Stealing copper wire from telecommunications company, not only does it cost the company to replace the wire (materials, crew, overtime), but the costs then trickle down to the consumer to make up for the company’s cost, etc. • Due to the fact that society as a whole can be affected by crime, it is the government’s responsibility to investigate and act against those who commit crimes, they do this through criminal law • …the body of laws that prohibit and punish acts that injure people, property, and society as a whole • 3 purposes of criminal law: • Protect people & property • Maintain order • Preserve standards of public decency

6. Criminal Law II • As citizens of Canada, and as members of a society, we all have the responsibility to act in a law abiding manner • This comes two-fold: • Not commit crimes ourselves • Participate in crime-prevention programs • Crime Stoppers, Block Parent, & Neighbourhood watch • See Example in text, Central Okanagan Crime Stoppers, p141

7. The Criminal Code • Federal Statute containing majority of laws passed by Parliament • Affects offences and punishments handed down • Reflects Social Values, need for National Security, and Public Safety • Parliament can amend policies regarding this as they see fit, ensuring the protection of Canadian Society • Example of change: 1999, Bill C-7 • Make criminal record of pardoned (forgiven or excused) sex offenders available for background checks. Allows police the ability to explore the criminal record of anyone wishing to work with children

8. Criminal Law III • …remember – criminal laws essentially reflect society’s values at the time • I.e.: • increased penalties for some firearms offences • cyber crime • Possession of marijuana (US) • Death Penalty in Canada (1775 vs now…) • Criminal law is federal responsibility but… • …provinces share administration, where & how? • Quasi-laws = laws covering less serious offences at the provincial or municipal level - usually punished by fines • I.e. Motor vehicle offences

9. Your turn… • Review text P. 139-142 • Answer questions 1-8 in handout • #1 is on P. 147, it is an “interpretation” questions, so don’t get too worked up… • Work on your definitions (this is a short chapter) • Questions? • If you want to see your test mark, come on up…

10. The Plan… 4 Oct 2013 • Continue on with Nature of Crime • Review questions 1-8 from worksheets • Start The Elements of a Crime • Questions 9-19 • This is homework…

11. The Elements of Crime • To convict a person of a criminal offense in Canada, the Crown (government lawyers) must usually prove that two elements existed at the time of the crime: • The Act itself • The intention to commit the act • These two elements are identified by the Latin terms actusreus and mensrea.

12. The Elements of Crime

13. Actus Reus – the “action” • Most criminal offences involve an action that causes: • A) harm or loss to a person or group of people • B) damage to property • It is usually a physical action against someone • Does not include the consent from one person to the other • Example of Actus Reus: • Argument that then results in someone getting hit (an action) • Failing to feed someone (omission of responsibility) • Must be a “competed action” to be qualify as an offence • Thoughts do not count

14. Establishing Mens Rea (knew what as going on) • Intent  the guilty mind……a state of mind in which someone desires to carry out a wrongful action, knows what the results will be, and is reckless regarding the consequences • ‘meant’ to do something that knew was ‘wrong’ (morally) • Two kinds of intent: • general intent • …the desire to commit a wrongful act, with no ulterior motive or purpose • i.e. Suzie punches Sally just because she’s angry

15. Mens Rea (continued) • specific intent • …the desire to commit one wrongful act for the sake of accomplishing another • i.e. Mark punches Amir because he intends to rob him • It is easier to distinguish general intent vs specific • i.e. easier to prove manslaughter (unplanned or unintended homicide - general) as apposed to murder (planned or deliberate homicide – specific) • motive • …not the same as intent – is the reason a person commits a crime – not necessarily their mental state. In court case this is something that must be proved • i.e. kill for inheritance; inheritance is motive, does not establish her mental state or their intent to commit murder • knowledge • …an awareness of certain facts that can be used to establish mensrea • i.e. knowing that a document was forged illegally

16. Mens Rea (continued) • criminal negligence that proves mensrea • …wanton (of a cruel or violent action, deliberate and unprovoked) or reckless disregard for the lives and safety of others, sometimes causing serious injury or death • Under criminal code you are found to be criminally negligent if: • In doing anything, or • In omitting to do anything that is his duty to do so, shows wantan or reckless disregard for the lives of safety of other persons • recklessness • …consciously taking an unjustifiable risk that a reasonable person would not take • i.e. not wearing prescription glasses to drive, you drive nonetheless, causing a major accident • willful blindness • …a deliberate closing of one’s mind to the possible consequences of one’s actions • i.e. buying a stolen item that is clearly marked as someone else’s property

17. Mens Rea (continued) • strict & absolute liability • Crown does not have to establish mensrea to win a conviction. Offences are usually those against regulatory laws(federal & provincial laws dealing with environment & public warfare) • i.e. workplace safety • strict liability offences • …offences that do not require mensrea but to which the accused can offer the defense of due diligence • Due diligence = the defense that the accused took every reasonable precaution to avoid committing a particular offence • i.e Environmental offences • absolute liability offences • …offences that do not require mensrea and to which the accused can offer no defense, usually result in a fine vs jail • i.e. driving without a license

18. Your turn… • Complete questions 9-19 in worksheet • Discuss Monday • Read case R. v. Kerster (p. 151 in text) • We will discuss on Monday as well • Other Homework: • R. v. McSorely • Due Monday 

19. The Plan… 7 Oct 2013 • Review last days homework • Ques 9-19 in worksheet • R. v. Kerster (p. 151 in text) • Finish Chapter 6 • Involvement in a Crime • Assignment: Worksheet & Text Questions

20. Involvement in a Crime: Intro • Most crimes are not the work of one person alone • i.e. Successful bank robbery; careful planning & cooperation • i.e. Vandalism & muggings; gang behaviour • Within the extent of committing a crime, a person, or persons, find themselves labelled depending on their role in the criminal act

21. Involvement in a Crime • perpetrator • …the person who actually commits the crime • co-perpetrator = if there is more than one person committing a crime • must actually be present at the scene of an offence to be a perpetrator or co-perpetrator • i.e. lone or pair of bank robbers • aiding • …criminal offence that involves helping a perpetrator commit a crime • parties to an offence = people who are indirectly involved in committing a crime • One does not have to be present to be considered for aiding

22. Involvement in a Crime II • abetting • …the crime of encouraging the perpetrator to commit an offence • NOTE: a person is not guilty of aiding/abetting because they have knowledge of a crime or are present at crime scene. Parties must be aware and must have committed illegal action. Presence at the crime can be used as evidence of aiding and abetting by other factors such as prior knowledge of perpetrators intention to commit crime. • counseling • …a crime that involves advising, recommending, or persuading another person to commit a criminal offence • i.e. when someone encourages a person to commit theft, supplying them with hints and advise • accessory after the fact • …someone who knowingly receives, comforts, or assists a perpetrator in escaping from the police • i.e. when a criminal is on the land, and someone gives them a place to stay, knowing that they were a criminal

23. Involvement in a Crime III • party to common intention • …the shared responsibility among criminals for any additional offences that are committed in the course of the crime they originally intended to commit • i.e. 6 co-perpetrators plan to rob a Brinks truck – one of them shoot and kill the driver – all 6 can be charged with murder • i.e. Oceans Eleven – they all received money from robbing a casino, but each member did different things to cause the crime; all would be guilty of theft in the end

24. Incomplete Crimes • Despite the fact that in order to establish actusreaand mensreayou must prove that a criminal act has been completed for a crime to exist • i.e. no theft unless property is not actually taken • There are exceptions to this rule • Laws governing incomplete crimes…

25. Incomplete Crimes II • attempt • …the intention to commit a crime, even when the crime is not completed • An act does not need actusreus, but technically the guilty act begins the moment mere preparation turns into an action to commit an offense • Mens Rea can be established as occurring at the beginning of an illegal act • The Crown has to show that the accused had the necessary intent and took obvious steps to commit the crime • i.e. terrorist bombing; steps must be taken in regards to the construction of the bomb, or having the bomb in transport – these steps indicate a “realistic” threat • conspiracy • …an agreement between two or more people to carry out an illegal act, even if that act does not actually occur • Conspirators can change their minds or do not get the chance to commit the act, thy are still guilty of conspiracy as the once agreed to commit the crime • i.e. planning to assassinate a political leader

26. That’s all for Chapter 6 • Your task: • Finish handout • Do Questions 1, 3, 4, & 5 BYU P 156 • We will discuss this tomorrow • Definitions?