Transcript Lsn_Baum_Apr13_IntrCrimLaw_CLN4UI

Chapter 8 – Crime and
Criminal Law
Unit 3 – Criminal Law
Introduction to Criminal Law
Agenda
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What is crime?
Crime or private morality?
HIV Cases
Purpose of Criminal Law
Who Commits Crimes?
Who are the Victims of Crime?
Learning Goal for Today
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By the end of the lesson(s), students will
be able to explain what crime is and the
causes of crime
Expectations
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By the end of this lesson, students will…
explain the legal definition of crime…
explain the relationship between criminal
law and morality… explain the purpose of
criminal law… and analyze the main
theories that psychologists, sociologists
and criminologists use the explain deviant
behaviour
*Minds On Scenario
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268.(1) Every one commits an
aggravated assault
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who wounds, maims, disfigures or endangers
the life of the complainant
If an HIV positive person has unprotected
sex without disclosing their HIV status, are
they guilty of aggravated assault?
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What is they have a low viral load?
What if they wear a condom?
*What is crime?
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One definition of crime is:
“whatever Parliament defines it to
be”
The Criminal Code of Canada
Searchable on-line version:
http://laws.justice.gc.ca/en/C-46/
 Downloadable searchable PDF version:
http://laws-lois.justice.gc.ca/PDF/C-46.pdf
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*The Criminal Code of Canada
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Statute codifying criminal law
What actions or omissions are crimes
How offences prosecuted
What penalties are imposed
First enacted in 1892
Still contains some antiquated crimes
Look up s.71 and s.365
*The Criminal Code of Canada
(cont’d)
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Controlled Drug and Substances Act: relates to
drug offences
Criminal Code amended regularly to reflect
societal concerns, emerging issues
OSDUHS HIGHLIGHTS
Drug Use Among Ontario Students
1977–2009
OSDUHS HIGHLIGHTS
Drug Use Among Ontario Students
1977–2009
OSDUHS HIGHLIGHTS
Drug Use Among Ontario Students
1977–2009
OSDUHS HIGHLIGHTS
Drug Use Among Ontario Students
1977–2009
OSDUHS HIGHLIGHTS
Drug Use Among Ontario Students
1977–2009
OSDUHS HIGHLIGHTS
Drug Use Among Ontario Students
1977–2009
OSDUHS HIGHLIGHTS
Drug Use Among Ontario Students
1977–2009
*Judge-Made Criminal Law
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Judges interpret Code offences using legal
precedents
Judges expand definitions of crime to
cover new behaviours or issues (ex.
assault expanded to consider HIV issues)
Judges expanded self-defense to include
the experience of women who have been
battered
http://fullcomment.nationalpost.com/2011/10/12/christie-blatchford-gildingthe-lily-in-domestic-violence-case/
Crime or Private Morality?
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In 2002 – police raid on two “swingers” clubs –
70 Montrealers were charged with being found
in a bawdy house (brothel)
Defense used was (famous Trudeau quote) “The
nation has no place in the bedrooms of our
nation” in 1967 (succeeded)
It was at this (1967) time that Trudeau
introduced a bill decriminalizing homosexuality
2010 – prostitution laws overturned (Bedford
case)… currently being appealed to SCC
http://en.wikipedia.org/wiki/Bedford_v._Canada
What Canadians Really Believe
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31% of us have qualms about wearing fur
53% say capital punishment is ok
Prostitution is acceptable to 56% of men
but only 29% of women
90% of women oppose polygamy
67% of Canadians are fine with same-sex
relationships
Only 15% of Cdn are ok with marital
infidelity
*R. v. Cuerrier (1998, SCC)
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First HIV aggravated assault case
All SCC judges agreed that Cuerrier should
be convicted of aggravated sexual assault
because “significant risk of serious bodily
harm” if HIV positive
Cuerrier didn’t obtain true consent by not
disclosing his HIV positive status
*R. v. Aziga (HIV case)
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Mr. Aziga knowingly infected partners by
not disclosing that he was HIV positive
and having unprotected sex
Some partners were infected with HIV and
died
Convicted of first degree murder
*R. v. Mabior (HIV case)
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2010 case where HIV positive man with
low viral load had protected (condom) and
unprotected sex without disclosing he was
HIV positive – no partner developed HIV
SCC said Cuerrier requirement of
“significant risk of serious bodily harm”
should be read as requiring disclosure of
HIV status if there is a realistic possibility
of transmission of HIV
But if low viral load or condom use
disclosure not required
*Purpose of Criminal Law
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Criminal law exists to label wrongful
behaviour
To identify violations
To impose sanctions
These achieve multiple purposes:
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Retribution
Protection of society
Social stability
Preservation of the rule of law (law necessary,
applies to all equally, not arbitrary)
Criminal Law Protective Principles
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Private harm principle: the prevention of harm
to individuals
Public harm principle: the prevention of harm to
public institutions and practices
Offence principle: the prevention of further
offences committed against others
Legal paternalism: the prevention of harm to the
self
Legal moralism: the prevention of immorality
*Who Commits Crimes?
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Two theories late 19th early 20th centuries
Chicago – environmental issues
Freud – nurture issues
http://www.theglobeandmail.com/news/w
orld/focus-of-dragnet-a-happy-quiet-guywith-plenty-of-friends/article11401463/
*Who Commits Crimes?
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But crime rates continued to grow during
most of 20th century even though
individuals generally better off & social
safety net
1960’s research of 3000 young
Montrealers revealed two shocking
discoveries… (contrary to what expected)
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Most males commit what could be classes as
a crime during adolescence
Social status/income of parent doesn’t matter
Montreal Research
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This research seemed contrary to the
theory that there is a strong link between
crime and social class of origin
Most experts now agree that social status
and income of parents have little or no
direct effect on the likelihood that children
will turn to delinquency
*Children at risk…
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(1) Receive little love, affection, or
warmth
(2) They are inadequately supervised by
parents
(3) Grow up in homes with considerable
conflict
Introduction to Criminal Law
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Almost all Canadians break the law at
some point in their lives, though not
serious illegal acts and usually committed
in adolescence
Most criminal offences are committed by
men who are at the extremes of the social
spectrum
Introduction to Criminal Law
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Criminals without legitimate employment
and who are destitute are most feared by
the public and are responsible for a large
share of street crime
White-collar criminals less feared but do
more damage in many ways
Introduction to Criminal Law
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https://vancouver.ca/police/riot2011/
http://www.cbc.ca/thenational/indepthana
lysis/story/2011/06/21/nationalvancouverriot.html
Humour break…
Another humour break…