Introduction to Criminal Law

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Criminal Code of Canada §

• Term “code” used to combine both description of crimes and criminal law procedures
• The code is amended almost every year, and to date has 849 sections, and 54 related Forms.
• Criminal Code includes various forms of Criminal Legislation:
  • Controlled Drug & Substance Act
  • Custom Act
  • Youth Criminal Justice Act
  • Food and Drug Act
  • Income Tax Act
  • Terrorism Act

Law Reform Defines “The Crime” §

The Law Reform Commission of Canada identified four conditions that must exist for an action or inaction to be considered a crime.

The four conditions for a crime are: §

1. Must be considered immoral by most Canadians.
2. Must cause harm to society or individual victims.
3. Harm caused must be of a reasonably serious nature.
4. There must be a valid punishment (Criminal Code) for their action or inaction.

Justice - Procedure is Vital §

The Law Reform Commission has also defined seven principles of procedural justice, or fairness in the justice process:

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)

Moral Harm or Social Harm? §

• Founded on concept of a shared moral code from Religion
  • A-secular: The Morality/Sin equation (sin = evil = criminal behavior)
• Currently, belief in state control and use of amendments that reflect changing societal values.
  • Secular: Reduce Social Harm (neighbor principle and social contract - owe those around you a level of responsibility for your own behavior.)

Criminal Legislation Development §

Historically: §

• Ancient Societies - Religious scripture basis for laws
• Since Development of States - European States develop legal systems which focus on legislation, case, and civil law.

Current Sources of Criminal Law §

• At various levels of government - Legislation
• When precedence is set by a judge - Case Law
• Within international law - Treaties/Agreements

Brief History of Criminal Theory §

Over 100 Years Ago §

• Criminal Behavior was inherited and that criminals could be identified physical characteristics (PHRENOLOGY REFERENCE)
• Research proved that these theories were wrong and were based on prejudice against certain groups of people (PHRENOLOGY REFERENCE!!!!!)

Beginning of the Twentieth Century §

• Criminals had psychological problems.
• Criminals were seen as needing treatments for their mental problems.

Half Century Ago §

• Economic problems such as poverty and the lack of job opportunities were seen as the cause of crime.
• Rehabilitation programs were hoped to be the answer to stopping crime.

Today §

• Certain crimes are related to past traumas or systemic issues.
• Growth of Criminal Behavior Theories
• Social, Economic, Political, Genetic, Self-Interest, Psychological Factors - Few crimes are monocausal.

Tomorrow §

• Is a person’s brain genetically pre-programmed for a life of crime? Will genetics find that there are criminal genes?
• Research being conducted on possible genetic factors that may predispose a person to commit a crime. Warrior Gene - Samoan males; testosterone and aggression
• For example, certain types of brain damage at birth may encourage anti-social behavior. The use of illegal drugs is also blamed for causing crime.

Why do people commit crimes? §

Classic Theories §

Free will, the decision to violate is their choice

Positivists Theory §

Determinism, criminal behavior is a result of social, psychological, and biological influences.