Law- Criminal Law Notes
Law 12 2012/2013
Criminal Quiz Summary Notes
CRIMINAL LAW
I know it’s illegal, but is it a crime?
Many things are illegal: jay-walking, speeding, or setting up a clothes line outside to dry your laundry (in West Vancouver), but they aren’t necessarily crimes. What then makes something a crime? Criminal Law
Criminal law deals with offences committed against society (often these appear to be against individuals). The purpose of criminal law is to keep order in society and deter the committing of crimes. Thus, criminal law emphasizes:
Prevention
Penalties
As we will see, criminal law does not focus on compensating victims of crime.
Sources of Criminal Law
Under the Constitution, the federal government has sole discretion to decide what is a crime and the corresponding penalties. Most criminal law is found in three pieces of federal legislation (and one remaining common-law crime):
1. Canadian Criminal Code – contains most of the criminal law;
2. Controlled Drugs and Substances Act;
3. Youth Criminal Justice Act; and
4. Common-law crime of Criminal Contempt of Court.
While the federal government has exclusive jurisdiction over criminal matters , the provinces can pass laws that are often considered quasi-criminal. Laws governing the operation of motor vehicles, noise bylaws or pollution may have similar penalties as criminal law, but are not technically viewed as criminal.
Suggested conditions for proposed new criminal laws:
The action must harm other people
The action must violate basic values of society
Using the law to deal with the action/problem should not violate basic values of society Criminal law should be able to make a significant contribution to resolving the problem (consider drug addiction – is it a legal problem or a medical problem?)
Types of Criminal Offences
Offences may be grouped into three different categories:
1. Summary conviction offences – are minor criminal offences and usually result in
prompt
Criminal Quiz Summary Notes
CRIMINAL LAW
I know it’s illegal, but is it a crime?
Many things are illegal: jay-walking, speeding, or setting up a clothes line outside to dry your laundry (in West Vancouver), but they aren’t necessarily crimes. What then makes something a crime? Criminal Law
Criminal law deals with offences committed against society (often these appear to be against individuals). The purpose of criminal law is to keep order in society and deter the committing of crimes. Thus, criminal law emphasizes:
Prevention
Penalties
As we will see, criminal law does not focus on compensating victims of crime.
Sources of Criminal Law
Under the Constitution, the federal government has sole discretion to decide what is a crime and the corresponding penalties. Most criminal law is found in three pieces of federal legislation (and one remaining common-law crime):
1. Canadian Criminal Code – contains most of the criminal law;
2. Controlled Drugs and Substances Act;
3. Youth Criminal Justice Act; and
4. Common-law crime of Criminal Contempt of Court.
While the federal government has exclusive jurisdiction over criminal matters , the provinces can pass laws that are often considered quasi-criminal. Laws governing the operation of motor vehicles, noise bylaws or pollution may have similar penalties as criminal law, but are not technically viewed as criminal.
Suggested conditions for proposed new criminal laws:
The action must harm other people
The action must violate basic values of society
Using the law to deal with the action/problem should not violate basic values of society Criminal law should be able to make a significant contribution to resolving the problem (consider drug addiction – is it a legal problem or a medical problem?)
Types of Criminal Offences
Offences may be grouped into three different categories:
1. Summary conviction offences – are minor criminal offences and usually result in
prompt