Unit 3 Criminal Law

Introduction and The Nature of Criminal Law

Learning Goal:

Students will understand what a criminal act is and the purposes of the Criminal Justice System.

Students will apply this knowledge by reading and analyzing crimes from the Criminal Code of Canada

Prompt:

What is a Crime?

You and your partner come up with a simple definition

Introduction

Law exists to protect individuals and society as a whole by keeping order

Crimes are wrongs committed against society

Civil law deals with wrongs committed against an individual…so what’s the difference?

Scenario Sarah attacks Amy, throwing a punch and hitting her

several times. The Criminal Code describes Sarah’s actions as assault and sets a penalty for it. For this assault, Sarah is charged under Criminal Law. Society has deemed his actions unacceptable. No matter what her sentence, Sarah will not compensate Amy for this crime.

Only under Civil Law can victims be compensated

What is a Crime?

Legal definition: any act that is prohibited by the federal Criminal Code. (therefore something that is illegal is not necessarily criminal)

4 conditions must be met for an act to be a crime:

a. The actions or behavior of the person must be considered immoral by most Canadians

b. The person’s actions must cause harm to society and any individual victims

c. The harm caused by the person’s actions must be seriousd. The person must be punished by the Criminal justice system for his

or her actions

What is a Crime?

Only the federal government can make or change crimes

Therefore due to democracy what Canadians want should be reflected in the Criminal Code.

Case in point: 2006 the Criminal Code was amended to change the laws on street racing- society expects drivers to act responsibly and not put others at risk. Behavior that endangers society is considered immoral or wrong.

… Continued

Street racing had caused many deaths and had made people question the safety of our roads

June 2006 Street Racing became a crime- max penalty of 14 years in prison and if someone is killed, up to life in jail.

What is Immoral Behavior?

The federal government attempts to forbid and punish immoral behavior by making it illegal.

Theft, murder and assault are considered immoral and therefore are included in the Criminal Code.

However not all of what is included in the Code is welcomed by all Canadians- drug laws, euthanasia

Legal behavior is anything that is not against the law and does not harm others- ex. Wearing glasses

Illegal behavior is regulated and limited by the government but is not criminalized- ex. Smoking on school property

Criminal behavior is anything that is illegal by the government- theft and assault

Purposes

1. Protect people from harm2. Protect property from harm3. Provide retribution- punish the prohibited act4. Enforce moral standards based on the morals

and beliefs of Canadians5. Provide rehabilitation6. Maintain order in society7. Deter people from committing crimes through

precautionary measures- education, public trials etc…