Transcript Criminal Law

Criminal Law
Unit 2
Chapter 6
Why should some behaviors be
considered a crime?
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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
To be considered a crime…
• Act or omission considered wrong
by society
• Causes harm to society in general
• Harm must be serious
• Remedy/solution is handled by the
criminal justice system
Criminal Law
• Body of laws that prohibit/punish acts that
injure individuals, property, and the
community.
• Main purpose of criminal law is to:
• Protect people and property
• Maintain order
• Preserve standards of public decency
Criminal Code of Canada
• Federal statute that contains the majority of
the criminal laws passed by parliament
• Not only contains offenses, but sentences to
be imposed and procedures to follow when
trying the accused of a crime.
• Meant to reflect the social values of
Canadians.
• Thus can be amended. (ex. Laws on sexual
abuse, airplane hijacking, credit card fraud)
Criminal Code Offences
• http://www.cnpea.ca/criminal_code_offence
s.htm
Other Federal/Provincial Acts
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Controlled Drug and Substance Act
Customs Act
Youth Criminal Justice Act
Food and Drug Act
Income Tax Act
Liquor Control Act
Highway Traffic Act
Classifications of Crimes
• Classification is based on the
SERIOUSNESS of the offence
• 3 classifications
• Indictable
• Summary Conviction
• Hybrid or Dual Procedure
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.
I.
Indictable offences
• Most serious of all offences
• Ex. Murder, armed robbery, kidnapping
II. Summary Conviction Offences
• Also just called “Summary” offences
• Least serious of all types of offences
• Ex. Theft under $5000, prostitution,
tresspassing.
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.