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Unit 3

Unit 3. Introduction Criminal Law. IS THIS CRIMINAL?. WHAT IS A CRIME?. Turn to your neighbour and brainstorm what you think a “crime” is Write your definition down in 3-4 sentences and include an example. Criminal Law. Deals with offences committed against society

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Unit 3

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  1. Unit 3 Introduction Criminal Law

  2. IS THIS CRIMINAL?

  3. WHAT IS A CRIME? • Turn to your neighbour and brainstorm what you think a “crime” is • Write your definition down in 3-4 sentences and include an example.

  4. Criminal Law • Deals with offences committed against society • Federal gov’t. has jurisdiction over criminal law (criminal laws are the same throughout Canada, unlike the U.S.) • Criminal Code is main source of criminal law in Canada, although some criminal laws are found in statutes.

  5. Criminal Law vs. Civil Law • Criminal Law • Deals with offences committed against society • Civil Law • Deals with offences committed against individuals

  6. Criminal Law & Civil Law Suppose Ron decides to break into Kathy’s house to steal her electronic equipment. • He breaks the door lock with a crowbar and enters the house when no one is home. • He leaves with a laptop computer, a stereo-CD player, a DVD player, and a digital camera. • The Criminal Code describes Ron’s offence as “break and enter” and sets a penalty • for committing the offence Questions: • How would this case be named? (legal citation) • Why do you think that the punishment for breaking into a dwelling house (private residence) is more severe than for breaking into a business or store?

  7. Criminal Law & Civil Law • Legal Citation: R. v. Ron • Criminal Law: • Breaking and entering is a criminal offence, a crime against society as people have the right to live safely in their own homes and to keep their own possessions. • Penalty given as this is unacceptable against society to infringe on these rights. Civil Law: • Kathy can’t be compensated for her personal losses under criminal law. However, she can sue Ron for damages under civil law at a different time and in civil court.

  8. Criminal Law & Civil Law In Summary: • The gov’t acts for the benefit of society, not for the individual victim. • When a person is found guilty of crime, that person will be given a penalty (fine or a term in prison). • Penalty is to punish or rehabilitate offender to deter others from breaking the law. • Keep in mind… although criminal court may order offender to make restitution (pay back victim), it is often up to the victim to seek compensation by suing the offender in civil court.

  9. *Quasi-Criminal Law • Laws passed by provinces, territories and municipalities • Resemble criminal law but are not considered actual crimes • Punishments are usually fines (won’t have a criminal record) • Example: Highway traffic violation

  10. *Criminal or Quasi-Criminal Law?

  11. Types of Offences • Summary conviction • Less serious offences • Criminal Code penalties are maximum $2000 fine and/or imprisonment for 6 months • Shorter trial process • Examples: • Cruelty to animals • Causing a disturbance • Nudity • Soliciting • Trespassing at night

  12. Types of Offences • Indictable • Serious offences • Criminal Code maximum penalty is life imprisonment • Some offences carry a minimum penalty (2 years – life) • Examples: • Murder (1st, 2nd, manslaughter) • Robbery • Aggravated Assault • Theft over $5000 Manslaughter Case - Oct 2013

  13. Types of Offences • Hybrid offence: • Crown Attorney decides whether a charge will be dealt with as summary or indictable • i.e. Theft under $5000, Mischief, Sexual Assault

  14. EXIT PASS • What is the main purpose for criminal law? • Explain difference between criminal and civil law. • Compare Criminal law vs. Quasi-Criminal law. Give an example of each. • Name 1 type of criminal offence and provide an example.

  15. NAME THAT CELEBRITY CRIMINAL

  16. NAME THAT CELEBRITY CRIMINAL... She built an empire on a foundation of cooking, sewing, decorating and all-around good taste. But in 2004, she traded her designer duds in for an orange jumpsuit when she went to jail for insider trading. After serving five months, she launched a public relations campaign that reclaimed her status as one of the most powerful – and tasteful -- women in America. WHAT LEVEL OF OFFENCE DID SHE COMMIT?

  17. NAME THAT CELEBRITY CRIMINAL... • Convicted of the crime of driving under the influence aka DUI. • But the incident was magnified by the media attention it generated. • The nation watched with eager anticipation as she was taken to jail, followed her daily activities while she was behind bars and then cheered her release three weeks later. • No other celebrity has captured our attention for such a relatively small offense. WHAT LEVEL OF OFFENCE DID SHE COMMIT?

  18. NAME THAT CELEBRITY CRIMINAL... • According to this actress, she had simply forgotten to pay for thousands of dollars worth of merchandise stuffed in her purse when she was apprehended leaving a Saks Fifth Avenue store in Beverly Hills. Police disagreed. • She was convicted of grand theft and given three years probation. • Her career suffered a worse fate -- she has yet to land a leading role in a major movie since her conviction. WHAT LEVEL OF OFFENCE DID SHE COMMIT?

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