CRIMINAL LAW: The Nature of Crime

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CRIMINAL LAWThe Nature of Crime
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Criminal Law

• Criminal law exists to control or penalize acts
  that are considered wrong, or harmful by society.

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Criminal Law and Criminal Offences

• The Law exists to protect people
• Criminal law deals with offences committed
  against society as a whole
• Focus on prevention and penalty

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What is the Criminal Code?

• Contains most criminal laws
• Suggests sentences to be imposed based on other
  cases dealt with previously
• Also suggests procedures to be used
• The Code is amended (changed) by government as
  values and circumstances change in society
• Example Crimes relating to technology

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Criminal Actions

• In order for an action to be considered a crime,
  certain conditions must exist
• Must be considered wrong
• Must cause harm to other people, society or those
  in need of protection (minors)
• The harm must be serious in both nature and
  degree
• The harm must be best dealt with though the
  mechanism of criminal law

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Over the years

• Crimes that were once considered serious are now
  considered less serious.
• Example Marijuana possession
• Penalties have also changed as a reflection of
  the beliefs that society has
• Laws continue to evolve as society changes

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Did you know?

• One in five Canadians or 20 of Canadians, fear
  being a victim of crime in his or her own
  community.

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Pairs Activity

• Slip or Trip?

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Slip or Trip?

• What do YOU think happened?
• You are a member of the investigative team. You
  must determine whether this was an accident or
  murder. Analyze the evidence in Margarets story
  and the picture and look for clues for how and
  why the incident occurred. Once you have gathered
  the evidence, prepare your argument.
• Was it an accident or murder?

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Slip or Trip?

• After Margaret and her husband Charles got into
  a fight, she stormed out of the house and left
  him at home. Margaret drove to the country club
  where a party was going on. Everyone there
  complimented Margaret on her dress and how well
  it fit her slender figure and this made her feel
  a little better.
• Margaret left just before one in the morning
  and invited a few friends to follow her home for
  one more drink. She got home 10 minutes before
  they arrived but when her friends rang the
  doorbell, Margaret ran outside saying, Something
  terrible has happened! Charles has slipped and
  fell on the stairs! He was coming down for
  another drink- he still had the glass in his
  hand- and I think hes dead. Oh my God, what
  should I do?
• The police concluded that Charles died from a
  wound on the head and confirmed the fact that
  hes been drunk. What do YOU think happened?
• You are a member of the investigative team. You
  must determine whether this was an accident or
  murder. Analyze the evidence in Margarets story
  and the picture and look for clues for how and
  why the incident occurred. Once you have gathered
  the evidence, make your claim. Was it an accident
  or murder?

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Thinking about our community

• What are some crime prevention programs and/or
  strategies that are used in our community?
• Do you think they work? Why or why not?

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Heres a sample on how Crime Stoppers is working
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• Did you know that section 43 of the Criminal
  Code allows school teachers, parents, or
  guardians to use reasonable force in
  disciplining children under their care?
• What would you consider reasonable force?
• Do you think this section of the code should be
  amended? Why or why not?

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Corporal Punishment

• Corporal punishment is the deliberate infliction
  of pain as retribution for an offence, or for the
  purpose of disciplining or reforming a wrongdoer,
  or to deter attitudes or behaviour deemed
  unacceptable.
• Legal corporal punishment of school students for
  misbehaviour involves striking the student on the
  buttocks or the palm of the hand in a
  premeditated ceremony with an implement specially
  kept for the purpose such as a paddle, or with
  the open hand.
• It is not to be confused with cases where a
  teacher lashes out on the spur of the moment,
  which is not "corporal punishment" but violence
  or brutality, and is illegal almost everywhere.

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• Corporal punishment in schools is still legal in
  some parts of the world, including 20 of the
  States of the USA, but has been outlawed in other
  places, including Canada, Japan, South Africa,
  New Zealand, and nearly all of Europe except the
  Czech Republic and France. It remains commonplace
  and lawful in many Asian and African countries.

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Does Gender Matter?

• Corporal punishment of male students has, in most
  cultures, generally been more prevalent and more
  severe than that of female students, but this
  generally applies to other forms of punishment as
  well, and probably relates partly to
  long-standing perceptions that boys are simply
  less well behaved than girls on average,
  especially during adolescence. In Queensland,
  Australia, school corporal punishment of girls
  was banned in 1934 but for boys in private
  schools it is still legal as of 2009.
• In Singapore, schoolboys are routinely caned for
  misbehaviour while the caning of girls at school
  is forbidden by law. In the U.S., statistics
  consistently show that about 80 of school
  paddlings are of boys.

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• Every province except Alberta, Ontario, and
  Saskatchewan had banned corporal punishment in
  public schools before the 2004 ban, though
  British Columbia and Manitoba were the only
  provinces to ban it in both public and private
  schools. They are, in chronological order by year
  of provincial ban
• British Columbia - 1973
• Nova Scotia - 1989
• New Brunswick - 1990
• Yukon - 1990
• Prince Edward Island- 1993
• Northwest Territories - 1995
• Nunavut - 1995
• Newfoundland and Labrador - 1997
• Quebec- 1997

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1971 Moyers supplies catalogue advertising straps
for sale to schools.
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Thoughts!
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Bookwork

• Read pages 139-143
• Answer questions 1-7

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Quasi-criminal laws

• Technically, laws created by provinces or
  municipalities are not considered criminal laws,
  but quasi-criminal laws. These laws generally
  cover less serious offences and the usual
  punishment for breaking them is a fine, but you
  could potentially be sentenced to jail.
• Example Speeding tickets, underage drinking

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The Elements of a Crime

• To convict a person of a criminal offense, 2
  elements must exist at the same time the offence
  was committed.
• Actus Reus The Guilty Act- the voluntary
  physical act involved in committing the
  offence
• Mens Rea The Guilty Mind- the intent to commit
  an offence or knowledge that what he or she did
  was against the law.
• CRIME

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Which are examples of Actus Reus?

• Robert puts a knife to Trevors back and forces
  him to rob a corner store.
• 2. Jean sleepwalks and does something illegal.
• 3. Thomas made Gina angry and she strikes him.

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Mens Rea

• Intent A persons state of mind and willingness
  to break the law despite the consequences. There
  are 2 types of intent
• General Intent Person commits wrongful act for
  its own sake
• e.g. Joe got really mad and hit Fred. Proving
  Joe hit Fred establishes Mens Rea.
• b) Specific Intent Person commits one wrongful
  act for the purpose of accomplishing another.
• e.g. Joe hit Fred so he could rob him. Proving
  Joe hit Fred with the specific intent to rob him
  establishes Mens Rea.

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Mens Rea

• Motive The reason that a person commits a
  crime. It is not the same as intent.
• Example
• Intent Joe hit Fred with the specific intent to
  rob him.
• Motive Joe had outstanding gambling debts.

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Mens Rea

• Knowledge
• Sometimes knowledge of certain facts is enough to
  indicate mens rea.
• Criminal Negligence
• Recklessness
• Wilful blindness
• All involve not taking the necessary care to
• ensure that your actions or omissions do not
• cause harm.

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knowledge contd

• Criminal Negligence
• Doing anything or omitting to do anything (that
  is your duty to do so) that shows reckless
  disregard for the lives and safety of others.
  (E.g. Company dumps toxic chemicals and it gets
  into someones well.)
• Recklessness
• Consciously taking a risk that a reasonable
  person would not take (e.g. throwing a glass
  bottle into crowd of people)
• Wilful Blindness
• Deliberately closing your mind to the possible
  consequences of your actions by choosing not to
  ask questions or investigate the situation. (e.g.
  buying a cheap TV from someone with the letters
  Horton written on the side of it)

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R. v. MacGillivray, (1995)Page 144

• What did he do to cause the accident?
• Drove at a dangerous speed
• Did not ensure that he had vision
• 2. The maximum sentence in the Criminal Code for
  dangerous operation of a motor vehicle causing
  death is a jail term not exceeding 14 years. Do
  you think that this offence should have a longer
  prison sentence? Explain.

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Check Your Understanding!

• In the following excerpt from the Criminal Code,
  indicate which word or words establish the mens
  rea for the offence in question
• 342 (1) Every person who
• (d) uses a credit card, knowing that it has been
  revoked or cancelled, is guilty of

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• 1. Read the article on page 146 of your text
• Father Jailed in Death of Son Left
  Unsupervised
• 2. What did Robert do which was wrong?
• - Robert had not provided adequate supervision
  for his young children.
• What evidence did the Crown use to prove actus
  reus or that Robert was guilty of a crime?
• - The Crown proved that lack of supervision had
  been a problem recently and that Robert had
  acknowledged this by promising the social worker
  that he would provide more care. This
  demonstrated a pattern of problematic behaviour
  around issues of supervision.

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Partner Activity

• Choose a partner. There are no groups of three.
  You may work alone, but if you wish to have a
  partner and do not have one, please see me.
  Credit will not be given to groups of 3.
• 2. Grab an assignment sheet from the top of the
  back bookshelf.
• 3. Complete the activity. Follow the instructions
  carefully and be sure to hand in your paper
  before the end of the period. This is a marked
  assignment, so give me your best work. ? Be
  prepared to defend your decisions next day.

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A Lawyer Riddle

• A lawyer at Allen-Makins has a brother who is a
  paralegal at Morrison Forester.  However, the
  paralegal at Morrison Forester doesnt have a
  brother who is a lawyer at Allen Makins.  Why
  not?
• Answer
• The lawyer is the paralegals sister.

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Consider This

• Under current Canadian law, children under 12
  are not considered capable of forming mens rea
  therefore, they are not held responsible for the
  crimes they commit.
• Should they be held criminally responsible?

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R. v. Adey (2001)Page 149

1. What questions do you have about this case?
2. What connections can you make regarding this
   case?
3. Do you agree with the final judgment? Why or why
   not?

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R. v. Kerster (2001)Page 151

• 1. What physical steps did Kerster take on
  the meeting day to indicate that he was going to
  complete the crime had he not been stopped? (This
  is the actus reus of his attempt)
• Met with Daryl Heatherington
• Brought money ()
• Went to the hotel to meet the girl
• 2. Describe how the accused showed his intent
  (mens rea) for attempting to obtain the sexual
  services of a person under 18.
• Using a false name
• Discussing money to be paid for the act
• Discussing the kind of sexual favours he wanted
  performed by the girl
• Do you think it is right for police to organize
  this kind of sting operation?

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What should be done?

• http//www.cbc.ca/player/News/ID/2394131981/?page
  16sortMostRecent4 (Global 2 minutes)
• http//www.cbc.ca/player/News/TV20Shows/Power20
  20Politics20with20Evan20Solomon/ID/2403570671/
  (CBC Harper to change laws 2 minutes)
• http//www.cbc.ca/player/Embedded-Only/News/Canada
  /Manitoba/Video20Games/ID/2369061146/ (CBC
  Luring online 2.5 min)
• http//globalnews.ca/video/867298/toronto-cop-uses
  -social-media-to-catch-child-predator (policing
  on-line - 3 min)

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Vocabulary

• Liability legal responsibility for a wrongful
  action
• Question what should happen when someone is
  wrongfully accused, found guilty and later
  acquitted?

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Strict and Absolute Liability(Page 152)

• See handout
• Nature of Crime definitions
• Rv. Ford (154) and Judge Fired for Lying (156)

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Incomplete CrimesCan a charge still be laid?

• When we discussed actus reus and mens rea, we
  noted that a criminal act must be completed for a
  crime to exist. In other words, there can be no
  theft where property is not actually taken.
  However, there are some exceptions to this rule,
  covered by the laws governing incomplete crimes.
  There are two types of incomplete crimes.

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Incomplete Crimes 1Attempt

• Even when a person is unsuccessful in the
  commission of a crime, that person can be charged
  with attempt. This means that he or she had the
  intent to commit the crime but for some reason
  failed to carry it through. An attempt does not
  constitute actus reus, but technically the guilty
  act begins the moment mere preparation turns into
  an action required to commit the offence.
• To prove someone guilty of a criminal attempt,
  all the Crown has to show is that the accused had
  the necessary intent and took some obvious steps
  towards committing the crime.

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Incomplete Crimes 1Attempt

• Example
• In the case of a terrorist bombing, such a step
  might be the construction of the bomb itself or
  getting in a car to transport the bomb to the
  target site. Either of these actions could
  indicate a realistic threat and either would make
  the participants liable to charges of criminal
  attempt.

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Incomplete Crimes 2Conspiracy

• This is an agreement between two or more people
  to perform an illegal act. It does not matter
  whether the act is actually carried out. Even if
  the conspirators change their minds or do not get
  a chance to commit the offence, they are still
  guilty of conspiracy because they once agreed to
  complete the crime.

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Incomplete Crimes 2Conspiracy

• Example
• Justin and Jane agree to rob the Victory Credit
  Union. They both believe they need the money and
  that it is worth the risk. They work out the
  robbery together and plan for it to happen in two
  weeks. Unfortunately for them, they are busted by
  police just as they pull up to the Credit Union-
  a neighbour heard their conversations and called
  police. They were charged with conspiracy to
  commit robbery.

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• What is a STING operation?
• Who is involved?
• Are they legal?
• What are the limitations?

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Sting Operations

• It is legal for police to pose as criminals in
  order to catch a criminal
• Police can legally organize a sting operation
  but police cannot initiate doing something wrong-
  they can only follow the lead of another person.

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Involvement in a CrimePartner Activity Create
this chart
Station Involvement/Role Crime
1
2
3
4
5
6
7
8
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Involvement in a Crime

• Station 1
• A pharmacy clerk named Lisa supplies the store
  key to her boyfriend, Bib. He uses the key to
  break into the pharmacy and steals prescription
  drugs. Even though Lisa is not present at the
  break-in, Lisa is still guilty of
• Aiding

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Involvement in a Crime

• Station 2
• Norma is injured in a fight with store security
  officers after being caught shoplifting. She
  manages to escape and make it to her friend
  Simones apartment. After hearing what happened,
  Simone offers to let Norma stay with her and
  provides her with food, clothing and medical
  assistance. When the police finally track Norma
  down, they arrest Simone, too, and charge her
  with
• Accessory after the fact

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Involvement in a Crime

• Station 3
• When Natasha persuades Melinda to steal goods
  from the store where Natasha works and advises
  her of the best way to accomplish this act,
  Natasha commits the criminal offence of
• Counselling

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Involvement in a Crime

• Station 4
• Ted and Tracy plan to murder Mario. They hire a
  hit man who turns out to be an undercover police
  officer, and Ted and Tracey are arrested.
  Although they cannot be charged with murder, they
  are charged with
• Conspiracy

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Involvement in a Crime

• Station 5
• If two people walk into a bank, one holding the
  gun and the other collecting the cash, they are
  known as
• Co-perpetrators

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Involvement in a Crime

• Station 6
• Josh had planned to carry out a murder. The
  problem was that when he went to pull the
  trigger, the man escaped Joshs hold and ran off.
  Josh fired and hit him in the leg, but the man
  didnt die. Josh was later arrested on charges
  of
• Attempted (murder)

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Involvement in a Crime

• Station 7
• When Bill assaults Rick in the school parking
  lot, Carlos eggs Bill on, urging him to hit
  Rick repeatedly. Carlos has not touched Rick
  himself and is quite surprised when the police
  arrest him that evening. He demands to know what
  he is being charged with, and the police say,
  You are being charged with
• Abetting (assault)

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Involvement in a Crime

• Station 8
• A lone robber walks into a bank points a gun at
  the teller and collects the cash, and then
  escapes. That person is called the
• Perpetrator

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AssignmentFairy Tale Elements of a Crime

• Find 2 or 3 people of your choice to work with
  for this activity. This is not an individual
  activity to work on- so if you do not have
  someone with whom to work- see me!
• Find a quiet spot in the room to work
• Choose a Fairy Tale of your choice or borrow one
  of mine and complete the activity. Be prepared to
  present your idea(s) to the class.
• Grimm tales
• http//www.grimmstories.com/en/grimm_fairy-tales/t
  he_wolf_and_the_seven_little_goats

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Fairy tale Trial Opening statements

• You are to summarize the crime using the
  appropriate vocabulary including persons involved
  and all crimes committed.
• What is the crime / crimes
• Expected Vocabulary Accessory after the fact
• Perpetrator (co) Actus Reas
• Aiding Mens Rea
• Abetting Attempt
• Conspiracy
• Counselling

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A Problem Solving Quiz for the Legal Alert

• Last week, five members of the Bordwell
  Associates' Temp Team were assigned to five
  different law firms located on different floors
  in the same high-rise building.  The temps, all
  in different positions, started their assignments
  on different days.  From the information below,
  determine the name of the temporary, the
  position, the day the assignment started, the
  name of the law firm, and on which floor the law
  firm is located.
• Chris wasnt the file clerk but enjoyed the
  assignment at Rutan.  Bordwells temp paralegal
  worked on a litigation case at Gibson.
• The temp assigned to Pillsbury started on Friday.
  Pat was busy but was not the receptionist. Chris
  typed 30 wpm.
• The five Bordwell temps were, in no particular
  order the temp who worked on the 1st floor, the
  temp who started work on Thursday, the temp who
  worked at Stradling, Chris, and the temp who was
  a paralegal.
• Taylor started working the day before the legal
  secretary, but two days after the temp who worked
  on the 5th floor. The legal secretary worked two
  floors above Laurens floor.
• The temp who started work on Tuesday was on the
  2nd floor. Kelly didnt start work on Monday.
  Taylor worked on a floor higher than the
  receptionist but lower than the temp who worked
  at Stradling.
• The temp who started on Wednesday didnt work on
  the 3rd floor. The word processor typed over 100
  wpm and was assigned to Stradling. Kelly enjoyed
  a spectacular view while on assignment at
  OMelveny.  
• TemporaryPositionDay StartedLaw FirmFloor