Share a Golden Line from your One Pager

Share a Golden Line from your One Pager.

The Need for Criminal Law Purposes of criminal law: • Rehabilitation • Prevent recidivism • Address underlying issues • Reintegration into community • Protection/Prevention • Threat of punishment • Sets standards • Punishment • Isolation • Deprivation How do these relate to the 3 approaches to justice (retributive, rehabilitative, restorative)?

What makes an act… § Immoral? § Illegal/Criminal? Using the Criminal Code of Canada (http: //laws-lois. justice. gc. ca/eng/acts/C-46/) , establish a 3 -4 part set of rules that could be applied to determine whether an act is illegal/criminal.

What should the Criminal Code contain? § Reflect existing standards of society? § Aspirational standards? § Normative guidance for best behaviour? Image Source: Google Images

The Nature of Criminal Law “The Criminal Code reflects the values of society by declaring certain actions to be criminal. Reform of the Criminal Code usually reflects a shift in these values and may occur because of public pressure. ” Conditions for Criminality • The action must harm other people. • The action must violate the basic values of society. • Using the law to deal with the action must not violate the basic values of society. • Criminal law can make a significant contribution to resolving the problem. (Law Commission of Canada)

Conditions for Criminality

Elements of a Crime Actus reus • Wrongful deed that is prohibited by law. • 1) Action/ • 2) Failure to act Must be present at the same time Mens rea • A guilty mind • 1) Intent • True purpose of the act • General (limited to the act, no further criminal purpose) • Specific (further criminal purpose) • 2) Knowledge • Need not prove an intent… • 3)Recklessness • Careless disregard, even if intent to harm not present.

Criminal Code of Canada: Selections 1. Mens rea? (intent, Knowledge, Recklessness) 2. Actus reus? (Action, Inaction) 3. Punishment? 4. Legal terms?

Criminal Code of Canada: Selections 1. Mens rea? (intent, Knowledge, Recklessness) 2. Actus reus? (Action, Inaction) 3. Punishment? 4. Legal terms?

Criminal Acts … Thinking it through… Understanding and Comprehension § What kind of law is the Criminal Code of Canada? § How can the Criminal Code be changed? § What are the two conditions that compose a criminal act? § What makes an action criminal? Critical Thinking and Application § What factors influence what kind of actions are determined to be criminal? § Is the Criminal Code infallible? § Should a criminal code be reflective or aspirational of a society’s cultural, moral, political, philosophical beliefs?