THE NATURE OF CRIME

Defining Crime

• CRIME- An act, or the omission of an act that is prohibited and punishable by law.

• Performing certain acts is a crime.

• NOT performing an act in certain situations can also be a crime (not stopping at a scene of an accident)

4 conditions that must

exist in order to be considered

a crime

1. Act must be considered wrong by society

2. Act causes harm to society in general or to those who need protection (minors)

3. The harm must be serious

4. The remedy must be handled by the criminal justice system

Nature of Crime

• A crime is not just considered to be an offence against the victim, but against all of society.

• The Gov. is therefore responsible for investigating and acting against criminals.

Criminal Law• Criminal law- laws that prohibit and punish acts that injure

people, property and society.• It is the responsibility of citizens to act in a law-abiding

manner• Criminal laws: Protect people and property Maintain order Preserve standards of public decency.

The Criminal

Code

• A federal statute that contains the majority of criminal laws passed by parliament.

• Lists offences and sentences and the procedures to be followed when trying the accused.

• Reflects the social values of Canadians.

• Changes are made or “amendments” are made to these laws as societies values change or technology changes

Amendment Example

Bill C-32

• NEW INVESTIGATIVE POWERS• Bill C-32 would give police

additional powers to investigate drug impaired driving.

• The CBA Section recommends mandatory video and audio recording of tests for drug impairment, both at the roadside and later in the evaluation process.

• Bill C-32 would create a new offence prohibiting the unlawful possession of a drug in any part of a specified vehicle.

The Elements

of a crime

• For an act to be a crime, do you think the accused person must have intended to commit the crime (i.e. is it necessary for the person to have a “guilty mind”)?

• Consider a situation where a person might have committed a criminal act without meaning to. Should the person be charged? Would it be fair to be convicted of the crime?

– where someone accidentally or unintentionally harms another person.

– where a person possesses something illegal but either does not know the nature of the substance or does not realize he has it.

– where someone is acting on a mistaken set of facts.

THE ACT WILL NOT MAKE A PERSON GUILTY UNLESS THE MIND IS ALSO GUILTY

The Elements

of a Crime

• To convict a person of a criminal offence two things must have existed at time of offence:

1. The crime itself must be proven true

2. Intention to commit the crime.

• The latin terms for these are generally used in law.

• Actus Reus (#1)- “The guilty act”• Mens Rea (#2)- “The guilty mind”• Actus Reus + Mens Rea = Crime

Formula of a Crime

Actus Reus + Mens Rea = Crime

1 + 1 = 2

Act Mens Rea

Actus Reus

a) While browsing in a CD store, Rasheed ran into a friend from his old school. They decided to get a coffee. As they left the store, Rasheed forgot that he had a CD he was considering buying under his arm. b) In line for a concert, a friend asked Chanice to hold her bag while she went to the bathroom. A drug dog stopped in front of Chanice. The police searched the friend’s bag and found a marijuana joint. Chanice was charged with possession of a narcotic. c) Sophie baby-sits the neighbour’s kids everyday after school, sometimes driving them to soccer in the family car. After dropping them off one day, she decides to watch their practice. Sophie leaves the dog in the car for a few hours even though it’s 35 degrees outside. Before the end of the game, someone walks by, notices the distressed dog, and calls the police.

Act Mens Rea

Actus Reus

d) Mao was charged with assault after he lost his temper in a restaurant. He felt the bill was unfair. He slammed his fist down on the table and a glass flew off, hitting a customer at the next table and cutting his cheek just below the eye. e) Brandon was on his way into the beer store when a woman asked him if he would mind buying her a six-pack of beer while she stayed outside with her dog. He said sure and accepted her money. Once in line he thought that she looked a little young, but bought her the beer anyway. f) It’s Hockey Night in Canada and the Leafs are playing the Senators. Darcy Tucker of the Leafs is looking to get back at Chris Neil of the Senators for a dirty body check in their last game. After a brief verbal exchange, the two players drop their gloves and start punching each other. When the referee notices Neil’s nose bleeding, he stops the fight. Neil is not seriously hurt but he sits out the rest of the period.

Act Mens Rea

Actus Reus

g) Carmen comes to work one Tuesday feeling really sick. She’s recovering from a particularly bad flu and, after a few hours at work, she decides she needs to go home because she’s really tired. Carmen gets into her car and starts driving but she’s having a hard time focussing on the road because she’s so tired. A police officer driving behind her notices she is weaving across driving lanes. Just before he stops her Carmen falls asleep at the wheel and drives into a ditch. Luckily, no one is seriously hurt.

Actus Reus

• Voluntary action, omission or state of being that’s prohibited by law.

• Most offences involve an action that causesa) Harm or loss to a person(s)b) Damage to property

• The action can be prosecuted, but a thought or desire to can not be prosecuted.

• Omission would include not adequately caring for a helpless individual

• State of being- Being in possession of stolen goods.

• Must be a voluntary act, not forced by another person or accidental (out of persons control)

Mens Rea • A deliberate intention to commit a wrongful act with reckless disregard of consequences.

• The person who commits the crime knows it is wrong to do so.

• Must have intent to commit the crime and/ or knowledge that it was against the law.

• If a person is not “capable” of knowing right from wrong, they can not be held criminally responsible.

Mens Rea• There are different types of mental states for different criminal

offences. (1) Intention – a person intends to commit the actus reus• E.g. Alice walks up to Michael and punches him in the face. Michael’s nose is broken by Alice’s punch. The act was deliberate.

(2) Wilful blindness – a person knows of the possibility of illegality but chooses not to ask questions or investigate the situation

• E.g. Amanda and Keisha are walking down the street when they come across some DVD stalls. Keisha notices the DVDs are a lot of cheaper than in the store. She wonders if they might be illegal copies. She decides that she’d rather not know either way. She buys two DVDs for $8.

(3) Criminal negligence - while this person did not realize the consequences of her or his actions, a reasonable person should have

• E.g. Samantha runs a daycare centre. She lets the children run all over the centre. Several times children have fallen down the stairs. It never occurs to Samantha to buy a proper gate to keep the children away from the stairs. One day, little Lee falls down the stairs and is very seriously injured.

Lady Justice

Symbols and imagery:What do they mean?

Think!

ELEMENTS OF A

CRIME:

In order for a person to be convicted of a crime, the Crown must prove beyond a reasonable doubt that two elements existed at the time the offence was committed.

Actus reus + Mens rea = Crime

The Elements of a Crime

• Actus reus – “guilty act” or “wrongful deed” as defined in the Criminal Code or related statute

– This can be an action or an ommission (lack of action) or a state of being

– Must be shown that the person committed an act prohibited by law

– Failure to do something (example: for parents to withhold the necessities of life for their children)

The Element

s of a Crime

Mens Rea – “guilty mind”– Mens rea is the technical term for the

blameworthy state of mind that must be proven beyond a reasonable doubt by the Crown

1. Intent – the true purpose of the act. Carrying out a criminal act while being aware what the results will be and ignoring the consequences.

Example: bringing a weapon to a robbery– General intent- intent is limited to the act itself.

Committing a wrongful act with no ulterior motive

Example: hitting someone because you are angry– Specific Intent- when the person committing the

offence has a further criminal purpose. Committing a wrongful act in order to accomplish another.

Example: hitting someone because you want to steal something from him

– Law considers some people incapable of forming intent (i.e. mental illness, minors, extreme intoxication)

The Elements of a Crime cont…

Mens Rea – guilty mind2. Knowledge- knowledge of facts – prove mens rea

– Motive- reason for committing an offence • Not the same as intent• Does not establish guilt of the accused• Can be used as circumstantial (indirect) evidence

3. Recklessness - Careless disregard for the possible result of an action• People don’t intend to harm others however they understand the risks of their

actions and proceed anywayExample: taking prescription drugs that you know make you drowsy and then

operating a motor vehicle4. Negligence - doing something or omitting to do something with

“wanton disregard for the lives or safety of other persons”Example: throwing a beer bottle out of a moving vehicle and injuring someone

5. Willful blindness - turning a blind eye to the consequences of your action

Example: buying stolen property that you should know has been stolen

Offences without a Mens Rea

• Usually violations of federal or provincial regulations passed to protect the public (speeding). Applies to Quai-Criminal Law only.

• Regulatory offences

• Carry less penalties

• Don’t carry stigma associated with criminal convictions

2 Types1. Strict Liability Offences2. Absolute Liability offences

Offences without a Mens Rea Cont…

1.Strict liability offences: – The liability (legal responsibility) is said to be strict because

the defendants will be convicted even though they were genuinely ignorant of one or more factors that made their acts criminal – no need to prove mens rea

Example: Strict liability offenses include failure to remain, driving while suspended, driving without insurance, failure to wear a seatbelt or careless

driving – Therefore it is only necessary to prove the offence was

committed

– Due diligence: defense used by the defendant (took care not to commit the offence or honestly believed in a mistaken set of facts)

Offences without a Mens Rea

Cont…

2. Absolute liability offences:– Crown need only prove actus reus – no possible defence (no act was

taken to prevent)– if the person committed actus reus,

he or she is guilty, no matter what precautions were taken to avoid committing the offence (can’t use due diligence)

– law does not specify which regulatory offences are strict liability or absolute

Example: Absolute liability offenses include speeding, yielding to traffic and failure to stop at a red light

– prison term for an absolute liability is unconstitutional

Create Your OwnActus Reus + Intent

Actus Reus + Willful Blindness

Actus Reus + No Mens Rea

The Power to make Criminal

law

• 1867 – Provinces gave jurisdiction over criminal law to the federal parliament

• to decide which actions were crimes and set punishments for crimes

• Quasi-Criminal Law – those laws passed by the provinces / territories / municipalities that are not considered part of criminal law

• Don’t deal with actual crimes• Example: Highway Traffic Act, city

bylaws• Acts usually result in a fine

Types of Criminal Offences

Summary Conviction Offences

– Minor– Can be summoned to court

without delay– Max. penalty: $2000 and/or 6

months in jail– Other statutes may have more

severe penalties

Indictable Offences– Serious crimes– Criminal Code – set up max

penalties for each offence – Penalty decided by the trial judge– Some indictable offences have

min. penalties that judge must impose (D & D = $600 – 5 years imprisonment)

Nature of Criminal

Law

• Parliament decides what is a crime and passes laws to change the Criminal Code

• Criminal Code reflects the values of society

• Hot topics = Heated debates (euthanasia, gun control, abortion, marijuana, pornography

For an act to be

subject to criminal

penalties

1. The action must harm other people

2. The action must violate the basic values of society

3. Using the law to deal with the action must not violate the basic values of society

4. Criminal law can make a significant contribution to resolving the problem

• Any reform to the Criminal Code must take these conditions into consideration

The Criminal Code

• Criminal Code is the main source of criminal law in Canada

– Other Criminal offences are listed in statutes passed by Parliament (Controlled Drugs and Substances Act)

• Describes offences that are considered crimes, as well as punishments for crime

• Judiciary (judges and courts) – interpret the criminal laws and apply them to individual

cases– Determines if a law trespasses upon citizen’s rights as

outline in the Charter– Determine and follow precedence

Types of Criminal Offences

Summary Conviction Offences

– Minor– Can be summoned to court

without delay– Max. penalty: $2000 and/or 6

months in jail– Other statutes may have more

severe penalties

• soliciting for purpose of prostitution• communicating for purpose of

obtaining sexual services• public disturbance• being in an illegal gaming house• driving vehicle without owner’s

pemission

Types of criminal offences

Indictable Offences– Serious crimes– Criminal Code – set up max

penalties for each offence – Penalty decided by the trial judge– Some indictable offences have

min. penalties that judge must impose ($600 – 5 years imprisonment)

MurderRapeAggravated AssaultArsonUse of firearm in commission of offenceMaking/ using counterfeit money

Types of Criminal Offences

continued

Hybrid Offences– Crown attorney has the right to

proceed summarily and impose a less severe punishment, or to proceed by indictment

Is there a past criminal record?Was violence or weapons

involved?What is the value of items at

issue?

Theft Under $5000.00, S. 322-332 (2 yr / 6 mo, $2000)• Fraud Under $5000.00, S. 380 (2 yr / 6 mo, $2000)• Forcible Entry, S. 72, 73 (2 yr / 6 mo, $2000)• Concealed Weapon, S. 89 (5 yr / 6 mo, $2000)• Public Mischief, S. 140 (5 yr / 6 mo, $2000)•Assault, S. 265, 266 (2 yr / 6 mo, $2000)• Obstruct or Resist Police, S. 129 (2 yr / 6 mo, $2000)• Sexual Interference, S. 151 (10 yr / 6 mo, $2000)

WHAT ABOUT MANSLAUGHTER?

A homicide committed without the intention to cause death, although

there may have been an intention to cause harm.

Scenarios • Zaid and Erik are walking on the sidewalk along a busy street, laughing and joking around. Erik is teasing Zaid about something so Zaid gives him a little, joking push. This makes Erik lose his balance and fall into the traffic where he is hit by a car. He is taken to the hospital but he doesn’t make it.

• In this case, it is unlikely that Zaid would have the mens rea for manslaughter because most people would not normally think a small push would likely cause any harm.

Scenario • Jolanda and Iman are arguing in the hall near the stairs. Jolanda has just found out that Iman has been cheating with Jolanda’s boyfriend for the past few months. Jolanda’s really angry so she punches Iman in the face as hard as she can. Iman falls backward down the stairs. When the paramedics come she is lying motionless on the bottom of the stairs. They cannot revive her. Jolanda feels really bad and tells the police she didn’t mean to hurt Iman badly or make her fall down the stairs.

• In this case, Jolanda would probably have the necessary mens rea for manslaughter because she intentionally assaulted Iman and the average person would think that a hard punch could cause harm.

• In some instances, a murder charge may be reduced to manslaughter if alcohol or other substances are found to have impaired the mental faculties of the perpetrator or if the homicide was committed in the heat of passion resulting from provocation, which is defined as a wrongful act or insult that would deprive an ordinary person of the power of self-control.

• Impaired driving causing death is a separate offence under the Criminal Code that carries a maximum punishment of 14 years in prison.

Questions: Define the

following pg 145-

150

Describe how the following relate to criminal law and how they help establish “MENS REA”

1. Intent (general and specific)2. knowledge 3. Criminal Negligence4. Recklessness5. Wilful blindness6. Strict and absolute liability7. What is motive? (pg 147)