Introduction: Legal Fundamentals Lady Justice Symbols and imagery: What do they mean?
Think! Legal Fundamentals
The Presumption of Innocence: Anybody charged to a crime is presumed to be innocent. The crown (state) is responsible to prove the defendant guilty.
The Burden of Proof: the defendant must be released unless the crown proves guilt beyond a reasonable doubt
Habeas Corpus: the right not to be detained or imprisoned unlawfully. If the crown can't show cause, the person must be released. Legal Fundamentals continued The Right to a Fair and Speedy Trial: Fairness - assured by jury, unbiased judge, rules, etc. Speed 100 000 drunk driving cases were thrown out of court in Ontario because they had taken too long
Equality Before the Law: Justice is Blind not young/old, rich/poor, male/female, culture, religion, etc. a.k.a. rule of law no one is above the law
British common law: Based on British law Includes: protection against self-incrimination, protection of being tried for same offence twice (double-jeopardy), use of precedent
Divisions of Law Criminal law deals with crimes considered against the community as a whole, while civil law deals with complaints between individuals.
Criminal Law Three elements that must be present for an act to be considered a criminal act
1. The acts must be prohibited by the criminal code of Canada
2. There must have been intent
3. The accused must have been able to understand and appreciate the nature of the act and it's consequences The purpose of the Criminal Justice System Part One To protect people To protect property Enforce moral standards Maintain order The purpose of the Criminal Justice System Part Two To provide retribution punishment: paying back society To provide rehabilitation help the individual who has committed the crime. A way to reintegrate him/her back into society when released To deter people from committing crimes Procedural Justice The Law Reform Commission has also defined seven principles of procedural justice, or fairness in the justice system:
1. Fairness (no bias toward accused) 2. Efficiency (process is timely; no lengthy delays) 3. Clarity (accused understands the process) 4. Restraint (officials are disciplined and professional) 5. Accountability (officials are responsible for actions) 6. Participation (process must be open for scrutiny) 7. Protection (accused is not abused by officials)
The Elements of a Crime Criminal Offences
For all criminal offences, it is necessary to prove two elements: Actus Reus From Latin, referring to action involving guilt.
It must be shown that the person committed an act prohibited by the law. Mens Rea Latin for Guilty Mind
It refers to the mental state of the person committing the crime.
Mens rea exists if the offence is committed with (1) intent or knowledge, or (2) recklessness. Mens Rea The law considers some people incapable of forming the intent to commit wrongful actions.
Examples include: Children Severe mental illness And those under the influence of alcohol or drugs to such an extent that they do not know the nature of their actions. Both Actus Reus and Mens Rea must exist at the same time in order for someone to be found guilty of a criminal act.
These conditions have to be proven to exist at the time the crime was committed and be proven beyond a reasonable doubt. Recklessness and Willful Blindness Recklessness is the careless disregard for the possible results of an action. Example: A person who knows they have a sexually transmitted disease has unprotected sex with someone; they may not intend to hurt that person, but their actions are reckless.
Willful Blindness occurs when someone purposely ignores certain facts or information; "turning a blind eye" to something. Example: Delivering an unknown package for a known drug dealer without asking what is in it.
Negligence
Criminal Negligence - careless conduct that causes foreseeable harm to another person
Careless disregard for others, no intent or motive is present, but actions has caused damage. Example- speeding, drinking and driving Recklessness General Intent The intent is limited to the act itself and the person has no other criminal purpose in mind.
In an Assault case, the Crown only has to prove that the accused did apply force.
Trespassing accused was on someone elses property at night. The intent to be there is inferred.
Specific Intent The person committing the offence has a further criminal purpose in mind.
In a Break and Enter, specific intent exists because it involves the following: [1] An intentional illegal action (breaking and entering) that is committed with the intent to commit [2] a further illegal action (robbery, an indictable offence) Knowledge The knowledge of certain facts can provide the necessary mens rea. For example: if you knowingly use a credit card that has been cancelled. It is only necessary to prove that the person used the card knowing that it was cancelled; prosecution does not have to prove intent to defraud. Criminal Act and Omissions Failure for a person to do something (omission) can be deemed a wrongful act.
I.E. Failure to provide the necessities for someone you are legally obligated to provide for. Not obtaining assistance for someone in childbirth Not taking an elderly parent to the hospital Not providing food for your children.
A persons failure to do something can be interpreted as a criminal act.
Attempt A person who intends to commit a criminal offence but fails to complete the act may still be guilty.
It is illegal to attempt to break the law.
How would you prove Actus Reus and Mens Rea? Conspiracy A conspiracy is an agreement between two or more people to commit a crime or to achieve something by an illegal act.
The planning of the act itself is a crime.
The people involved must be serious in their intention to commit the crime. Jokes or threats are not considered conspiracy. Aiding and Abetting Aiding means to help someone commit a crime.
Abetting means to encourage someone to commit a crime.
Both acts are considered to be a crime. Accessory After The Fact Accessory after the fact is when someone helps a criminal avoid detention or capture.
This is a criminal act.
Can you give examples of Accessory after the fact? Types of Offences The nature of the offence determines which court has jurisdiction to hear the case, the powers of police to arrest, the accuseds right to be released before trial, and the kind of trial the accused receives. Three Types of Offences Summary Conviction Offences Indictable Offences Hybrid Offences
Summary Conviction These offences are the least serious and trials for these convictions are held at the lower courts of the Ontario Court of Justice. The accused does not have a right to a jury trial. Trials in these cases are held in front of a judge alone, and sentencing for this type of offence ranges, with the maximum penalty being a fine of up to $2000 and/or six months in jail, unless otherwise specified by law.
Summary Conviction Cont Usually a person is not arrested for a summary offence, but will receive a notice to appear in court. The accused does not have to appear in court personally. A lawyer may represent the person in the court proceedings. A person cannot be fingerprinted for a summary conviction offence and is eligible for a pardon three years after the sentence is completed. Examples of summary offences include: causing a public disturbance, loitering, and having open alcohol in public.
Indictable Offences Indictable offences are more serious than summary offences The procedure followed depends on the seriousness of the offence. For less serious indictable offences, trials are done before a provincial court judge, while the most serious indictable offences, such as murder, must be tried by a judge and jury. For some indictable offences, the accused is put to an election between being tried by a provincial court judge, a superior court judge alone, or a superior court judge with a jury. Indictable Offence Cont A person charged with an indictable offence must show up personally in court. There is no limit on how much time can elapse between the alleged act and the arrest, which means that police can charge the person years after the offence occurred. The maximum penalty for indictable offences is life imprisonment. Examples of indictable offences include: murder, robbery, and kidnapping. Hybrid Offence Hybrid offences are also known as dual procedure offences and can be tried as either summary conviction or indictable offences. The Crown chooses whether it wants to prosecute as a summary or an indictable offence, usually depending upon the circumstances of the incident, and factors about the offender. Examples of hybrid offences include: impaired driving, assault, theft under $5000, and failing to provide the necessaries of life. Most offences in the Criminal Code are hybrid offences. Hybrid offences are treated as indictable offences until the Crown chooses which way it wants to proceed. This means that an accused will be fingerprinted on arrest, even though it is possible that he will be tried for a summary conviction offence. Criminal Offence Penalty Charts Discussion Question Fingerprinting for Hybrid Offense Police are able to fingerprint those who are charged with indictable offences. Police often fingerprint those charged with petty hybrid offences in order to obtain as many fingerprints for police databanks as possible. These fingerprints can be used to identify persons in future crimes. Should police be able to fingerprint those who are charged with hybrid offences? Is this a violation of the accuseds rights? Justify your answer. Word Wall: Mens Reus Actus Rea Crown Specific intent General intent Colour of right Motive Strict Liability Due diligence Reasonable person Absolute liability Summary conviction Hybrid Offences Automatism