CRM 200 Lecture Notes - Lecture 1: Criminal Law Of Canada, Selective Enforcement, Mens Rea
14 Dec 2015
School
Department
Course
Professor
Document Summary
Criminal process: begins with legislature, enforces by police, prosecutorial discretion. In the end its up to prosecutor: rights of the accused are triggered. Appointed or hire their own: trial stage. Its popular because it comes with significant sentence discount: appeals. Appeal happens when charge is not successful: cost of system. 6% legal aid source of criminal law: 3 main. Constitution charter of rights and freedom supreme law. Anything below must accord for constitution and charter of rights and freedom. Statutes enacted by legislature criminal code of canada judge made common law. Principles on fault element: international law. Combat crimes that are global in nature terrorism. War judges often engage in comparative analysis see what other judges are doing in other jurisdictions to make their decision based on it. Criminal offences vs. regulatory offences: criminal law enacted only by parliament. Main purpose of criminal law is to denounce behaviour and deter people from engaging in harmful behaviour: regulatory offences.
