CRM 200 Lecture Notes - Lecture 1: Mens Rea, Actus Reus, Precedent
10 Apr 2018
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Document Summary
Criminal law - that body of law that deals with conduct considered to be harmful to society as a whole that is prohibited by statute, prosecuted and punished by the government. That is that all cases must be tried alike based on previous rulings by a judge. Judges can interpret, modify, extend, restrict, or strike down statutory laws. Stare decisis precedents set by higher courts must be followed by lower courts. Crime occurs when a person : commits or fails to commit an act they are legally responsible for, has intent (mens rea) to commit the act, has no legal defence (i. e. alibi, violates a criminal law. Summary less serious, tried in front of a judge, maximum penalty of fine or six month imprisonment in provincial correctional facility. Indictment more serious, often tried in front of a jury, maximum sentence of 14 years life in prison.
