CRIMINAL LAWDAY 2

RECAP…1. What is the main purpose for criminal law?

2. Explain difference between criminal and civil law.

3. Compare Criminal law vs. Quasi-Criminal law. Give an example of each.

4. Name 1 type of criminal offence and provide an example.

VIDEO: Types of Criminal Offences - Summary or Indictable?

CRMINAL LAW - DAY 2Let’s Review...

Using your definition of a crime from yesterday’s discussion, discuss with a partner and identify whether or not a crime has been committed in each of these cases.

Remember – explain fully why this is or is not a crime.

DAY 2 Let’s Review...CASE 1: Ken, a 6 year old boy, was pretending to be a cowboy while playing with his fathers pistol. He loaded the pistol as he had seen his father do in the past. He then took the pistol and shot his brother.

CASE 2: One evening while home alone, Heather heard a noise downstairs in her kitchen. Nervous, she grabbed her husbands revolver from the bedside table. While terribly frightened, she made her way down the darkened stairs. Seeing a shadow, she fired the gun in its general direction. Unknowingly, she killed her husband who returned home two days earlier than expected from a business trip out of town.

CASE 3: Jeremy, while in the boys washroom at school, set fire to a roll of hand towel. As a consequence of his actions serious fire and smoke damage occurred in the school.

CASE 4: One evening while coming home from a friends home, Joyce was stopped by a police

officer for driving her moped without lights and reflectors.

Review: Offences1. What is the difference between a summary and an indictable offence?

Give an example.• Summary = less serious (bullying, trespassing, nudity, etc.)• Indictable = very serious (murder, assault, robbery, etc.)

2. Compare the maximum penalties for a summary conviction and indictable offences.

• Summary = $2000 fine or 6 months in prison• Indictable = life imprisonment

3. What choices does the crown attorney have in dealing with a hybrid offence?

◦ Crown attorney decides whether a charge will be dealt with as summary or indictable

Did you know…

• The courts MUST impose the maximum penalty (life imprisonment) without becoming eligible for parole for 25 years for only two indictable offences:

• First Degree Murder• Treason

• Disloyalty to one’s nation (i.e. giving Canadian gov’t secrets to another country)

Review: Offences

VIDEO: Types of Criminal Offences Summary or Indictable?

Has a crime been committed?

Crimes are made up of 2 parts:

1.Physical Part – referred to as the actus reus (“guilty act”)

2.Mental Part – referred to as the mens rea (“guilty mind”)

NOTE:

A crime is committed when a person voluntarily did the wrongful action of the crime (actus reus) AND knew what the result of their actions would be (mens rea)

Elements of a CrimeActus Reus (PHYSICAL)

• “A wrongful deed”/physical act• i.e. punching someone in the face

• Prohibited act (or omission)• refusing to help police officer when

asked.

• A state of being• Being in possession of stolen

property.

Mens Rea (MIND)

• “A guilty mind”

Mental capacity1. Intent

1. General

2. Specific

2. Knowledge

3. Recklessness

Note: These 2 conditions must exist at the same time. Crown attorney has to prove that actus reus, and mens rea existed at time of the crime beyond a reasonable doubt.

Actus Reus Two actions must occur during a break and enter for a wrongful deed (actus reus) to have occurred.

1. The break-in itself2. The entry

Actus reus can also describe failure to do something. (i.e. It is a crime for parents to withhold the necessities of life from their children)

Mens Rea Intent – true purpose of the act

◦ What would a reasonable person be thinking under the circumstances.◦ i.e. Ron wants to break into Kathy’s house to steal her electronic equipment. He

has the intent to rob Kathy, which is the true purpose of the act.

General Intent◦ Intent is limited to the act itself and the person has no other criminal purpose in mind.

◦ i.e. Assault, accused did apply force. Trespassing, accused was on someone else’s property

Specific Intent◦ Person committing the offence has a further criminal purpose in mind.

◦ i.e. Ron’s offence: 1) intention illegal action (breaking & entering); 2) further illegal action (robbery, an indictable offence)

Intent Examples…• Gil is playing baseball. He's up to bat. He slams the ball. It flies out of the park and hits the Smit's kitchen window.

• Gil says to Mr. Smit, "I'm sorry I broke your window; I didn't know I could hit the ball that far." Gil intentionally hit the ball, but he didn't intend to break a window.

• It is important to understand that intention in criminal law means that you intended to cause the wrongful consequence.

Intent Examples…• It is often difficult to know what a person intended when doing a certain act.

• Therefore, a judge or jury is allowed to assume that a person intended the natural consequences of an action.

• Here's an example: • George stabs Mario during an argument. A judge or jury may

assume that his intention was to seriously injure or kill Mario.

Mens Rea Knowledge

◦ Criminal Code says: “Every person who uses a credit card knowing that it has been revoked or cancelled is guilty.

◦ Only necessary to prove that the person used the credit card, knowing that it had been cancelled.

Motive◦ Reason for committing an offence◦ Motivate different from intent as it does not establish the guilt of the accused◦ i.e. Suppose a fire kills a man whose wife is having a serious affair with another man. The wife may

have had a motivate to kill, but unless it can be shown that she acted to cause the fire, or failed to act, she was has not committed an offence.

Recklessness◦ Careless disregard for the possible results of an action; may not intent to hurt anyone.◦ However, they understand the risks of their actions and proceed to act anyway.◦ i.e. Driving fast, cutting people off in traffic; speeding in school parking lot and hitting a person or a

parked car.

Motive Example• A person's intention for committing a crime is different from motive.

• An unemployed parent may rob a store to get money to buy groceries.

• The parent's motive, to feed the family, may be good, but the parent has still committed the crime of robbery.

• A good motive will not save a person from being found guilty of a crime. However, a judge may consider the accused's motive when deciding on a penalty.

• As well, establishing a motive is not necessary to convict somebody of a crime, but it usually helps.

Mens Rea in summary …

Identify... the Actus Reus & Mens Rea

Identify... the Actus Reus & Mens Rea

Oct 2013

Fatal crash deemed 'suspicious'

Identify... the Actus Reus & Mens Rea

Oct 2013

Suicide Bomber - Russia

Criminal Terms Attempt

◦ First step of plan is put into place◦ Drug trafficking – woman swallowed balloons full of cocaine

Conspiracy ◦ Agreement to commit a crime◦ Nancy Kerrigan

Money laundering ◦ Process of concealing the source of illegally obtained

money◦ http://abcnews.go.com/GMA/video/swimsuit-model-simone-farrow-arrested-alleged-

drug-ring-15952296

Proceeds of crime◦ Police may seize assets believed to have been obtained

through crime

Brainstorm 1-2 real-life stories you have heard in the news about people who have been accused or convicted of these identified criminal terms

Transferred Malice

If a person intends to commit a crime but makes a mistake (eg. shoots the wrong person) he/she will still be convicted

The offender committed the actus reus and still had the intent (mens rea)

LEGALLY BLONDE CLIP

Incapacity Certain people cannot be convicted of a criminal offence; if they are

◦ Insane◦ Children under 12 years of age◦ Spouses (in some cases)

NAME THAT CELEBRITY CRIMINAL

NAME THAT CELEBRITY CRIMINAL...

She built an empire on a foundation of cooking, sewing, decorating and all-around good taste.

But in 2004, she traded her designer duds in for an orange jumpsuit when she went to jail for insider trading.

After serving five months, she launched a public relations campaign that reclaimed her status as one of the most powerful – and tasteful -- women in America.

WHAT LEVEL OF OFFENCE DID SHE COMMIT?

NAME THAT CELEBRITY CRIMINAL...

Convicted of the crime of driving under the influence aka DUI.

But the incident was magnified by the media attention it generated.

The nation watched with eager anticipation as she was taken to jail, followed her daily activities while she was behind bars and then cheered her release three weeks later.

No other celebrity has captured our attention for such a relatively small offense.

WHAT LEVEL OF OFFENCE DID SHE COMMIT?

NAME THAT CELEBRITY CRIMINAL...

According to this actress, she had simply forgotten to pay for thousands of dollars worth of merchandise stuffed in her purse when she was apprehended leaving a Saks Fifth Avenue store in Beverly Hills. Police disagreed.

She was convicted of grand theft and given three years probation.

Her career suffered a worse fate -- she has yet to land a leading role in a major movie since her conviction.

WHAT LEVEL OF OFFENCE DID SHE COMMIT?

REFLECTION1. Identify the two elements that must exist for a crime to

be committed.

2. Distinguish between general and specific intent.

3. List 2 different categories of mens rea and provide an example of each

4. When does an attempt begin? Provide an example of a situation where a criminal charge of attempt could be made.