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The Nature Of Crime

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A crime is an act or omission of an act that is prohibited and punishable ... or omitting to do anything, shows wanton and reckless disregard for the lives ... – PowerPoint PPT presentation

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Title: The Nature Of Crime


1
The Nature Of Crime
  • Chapter 6

2
What Is A Crime?
  • A crime is an act or omission of an act that is
    prohibited and punishable under federal statute.
  • Four general conditions must exist for an act or
    omission to be considered a crime.
  • The act is considered wrong by society.
  • The act causes harm to society in general or to
    those who need protection.
  • The harm must be serious!
  • The remedy must be handled by the criminal
    justice system.

3
Criminal Law
  • Criminal law refers to the body of laws that
    prohibit and punish acts that injure people,
    property and society as a whole.
  • Three main purposes protect people and property,
    maintain order and preserve standards of public
    decency.
  • The Criminal Code of Canada is a federal statute
    that contains the majority of the criminal laws
    passed by parliament. It lists, not only
    offences, but also the sentences to be imposed
    and the procedures to follow when trying those
    accused of crimes.
  • Laws passed by provinces or municipalities are
    called quasi-criminal laws, laws covering less
    serious offences at the provincial or municipal
    level, most often punishable by fines.

4
Elements of a Crime
  • To be convicted of a crime a person must have the
    Actus Reus and the Mens Rea.
  • Actus Reus is Latin for the guilty act, and is
    the voluntary action, omission, or state of being
    that is forbidden by the criminal code.
  • The action is the physical act involved in
    committing the offence, omission is failure to do
    something that is your legal duty to do and state
    of being refers to things such as being in
    possession of stolen property or found in a
    gaming house.

5
  • Mens Rea is Latin for the guilty mind , where
    an accused person deliberately did something he
    or she knew to be wrong, with reckless disregard
    for the consequences.
  • Mens Rea can be established by showing intent or
    knowledge.
  • Intent means the accused meant to do something
    wrong, was reckless regarding the consequences
    and knew or should have foreseen the results.
    (key words, willfully or intentionally)
  • General Intent means that a person commits a
    wrongful act for its own sake, with no other
    motive or purpose.
  • Specific Intent applies when someone commits one
    wrongful act for the sake of doing another.
  • Motive is the reason a person commits a crime,
    while intent refers to that persons state of
    mind

6
  • Knowledge refers to an awareness of certain facts
    that can be used to establish Mens Rea. For
    example, knowing goods are stolen.
  • Criminal Negligence can also be used to establish
    Mens Rea. A person is criminally negligence who
    in doing anything or omitting to do anything,
    shows wanton and reckless disregard for the lives
    and safety of others.
  • Recklessness, consciously taking an unjustifiable
    risk that a reasonable person would not take, or
    Willful Blindness, deliberate closing of ones
    mind to the possible consequences of ones
    actions, could also be used to prove Mens Rea.

7
Strict and Absolute Liability
  • Some regulatory laws, federal or provincial
    statutes meant to protect the public welfare, do
    not have to have Mens Rea established to win a
    conviction. (speeding)
  • Liability, legal responsibility for a wrongful
    action, can be strict or absolute.
  • Strict liability Offences offences that do not
    require Mens Rea but to which the accused can
    offer the defence of due diligence (the defence
    that the accused took every reasonable precaution
    to avoid committing a particular offence.
  • Absolute Liability Offences offences that do
    not require Mens Rea and to which the accused can
    offer no defence. (fines)

8
Parties To An Offence
  • Perpetrator the person who actually commits the
    crime.
  • Aiding means helping a perpetrator commit a
    crime.
  • Abetting encouraging the perpetrator of a crime
    without actually providing physical assistance.
  • Counseling a crime that involves advising,
    recommending or persuading another person to
    commit a criminal offence.
  • Accessory after the fact someone who knowingly
    receives, comforts or assists a perpetrator in
    escaping from police.
  • Parties 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.

9
Incomplete Crimes
  • Attempt refers to the attempt to commit a crime,
    even when the crime is not completed. The guilty
    act begins when mere preparation turns into
    action. (carrying break in tools) The intent is
    the obvious steps taken to commit the crime.
  • Conspiracy is an agreement between two or more
    people to carry out an illegal act, even if that
    act does not actually occur.

10
Homework
  • Question 12, page 158
  • R. v. Hackett, questions 1 and 2, page159
  • R. v. Vang, questions 1-3, page 159
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