criminal law unit 2 chapter 6. why should some behaviors be considered a crime? victims of the...
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Criminal Law
Unit 2
Chapter 6
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Why should some behaviors be considered a crime?
• Victims of the behavior
• Direct – crime against specific person(s)
• Indirect-society
• How is society a victim?
• Financial cost, human cost, psychological cost, behavioral cost
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To be considered a crime…To be considered a crime…
• Act or omission considered wrong Act or omission considered wrong by societyby society
• Causes harm to society in generalCauses harm to society in general
• Harm must be seriousHarm must be serious
• Remedy/solution is handled by the Remedy/solution is handled by the criminal justice systemcriminal justice system
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Criminal LawCriminal Law
• Body of laws that prohibit/punish acts that Body of laws that prohibit/punish acts that injure individuals, property, and the injure individuals, property, and the community.community.
• Main purpose of criminal law is to:Main purpose of criminal law is to:• Protect people and propertyProtect people and property• Maintain orderMaintain order• Preserve standards of public decencyPreserve standards of public decency
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Criminal Code of CanadaCriminal Code of Canada
• Federal statute that contains the majority of the Federal statute that contains the majority of the criminal laws passed by parliamentcriminal laws passed by parliament
• Not only contains Not only contains offensesoffenses, but , but sentencessentences to be to be imposed and imposed and proceduresprocedures to follow when trying to follow when trying the accused of a crime.the accused of a crime.
• Meant to reflect the social values of Canadians. Meant to reflect the social values of Canadians. • Thus can be amended. (ex. Laws on sexual Thus can be amended. (ex. Laws on sexual
abuse, airplane hijacking, credit card fraud)abuse, airplane hijacking, credit card fraud)
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Criminal Code OffencesCriminal Code Offences
• http://www.cnpea.ca/http://www.cnpea.ca/criminal_code_offences.htmcriminal_code_offences.htm
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Other Federal/Provincial ActsOther Federal/Provincial Acts
• Controlled Drug and Substance ActControlled Drug and Substance Act
• Customs ActCustoms Act
• Youth Criminal Justice ActYouth Criminal Justice Act
• Food and Drug ActFood and Drug Act
• Income Tax ActIncome Tax Act
• Liquor Control ActLiquor Control Act
• Highway Traffic ActHighway Traffic Act
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Classifications of Crimes
• Classification is based on the SERIOUSNESS of the offence
• 3 classifications• Indictable• Summary Conviction• Hybrid or Dual Procedure
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Why do we need to classify crimes?
• Based on the seriousness of the offence, the following are affected:
• Procedures followed by the police (Ex. Arrest, searching etc.)
• Court process and which court will be used (Ex. Preliminary hearing, bail, jury)
• Range of Possible punishments available• How it is treated is usually defined in the criminal
code.
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I. Indictable offences
• Most serious of all offences
• Ex. Murder, armed robbery, kidnapping
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II. Summary Conviction Offences
• Also just called “Summary” offences
• Least serious of all types of offences
• Ex. Theft under $5000, prostitution, tresspassing.
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III. Hybrid or Dual Procedure Offences• Some offences may be considered as either summary OR
indictable• If they can be treated as either/or, then they are said to be
HYBRID• Crown is asked by the judge to decide how they wish to
treat the crime.• Usually based on the consequences of a behavior or
circumstances• Until stated by the crown, it would be treated as serious!• Ex. Assault, public mischief, failing to stop at the scene of
an accident.