CC102 Lecture Notes - Lecture 2: Summary Offence, Class Discrimination, Actus Reus
Document Summary
Criminal law: collection of rules that have been constructed to address issues of human behaviour. Criminal code: penalties for criminal behaviour are set out in the criminal code of canada, defines what is a crime, consequences of committing a crime. Consensus perspective: law and order is maintained through social contact, crime betrays both the state and the citizen, rules and laws operate for the greater good, punishment = deterrent. Conflict perspective: society is not homogenous, therefore not everyone buys into the same social contract, consensus is limited, government is not a neutral actor, instead operates on behalf of the interests of those with power. Composed of 2 forms of law: statutory law, created through legislation, passed by parliament and in the provinces, form the criminal code, case law, created through decisions of judges and courts. Summary offences: minor crimes, can result in a fine, probation, community service, short incarceration sentence. Indictable offences: serious crimes, carry harsh punishments.