CRMN 3053U Study Guide - Fall 2018, Comprehensive Midterm Notes - Criminal Code, Summary Offence, Canada
11 Oct 2018
School
Department
Course
Professor
CRMN 3053U
MIDTERM EXAM
STUDY GUIDE
Fall 2018
Week 1 – Sept 6
Two Key Parts of the Course
• Prosecution process/criminal procedure:
- Knowledge of the basics: system of criminal courts, classification of
offences, stages of the criminal process, key players in the criminal
process, rules of evidence
- Understanding the complexity/critical reflection: does adversarial
process indeed promote truth-seeking? How can decision-makers tell if
a witness is telling the truth? Does composition/background of jurors
influence their decisions?
• Sentencing process and decision-making:
- Knowledge of the basics: purposes and principles of sentencing,
aggravating/mitigating factors, sentencing options
- Understanding the complexity/critical reflection: how do judges
determine what sentence would be appropriate? How do they balance
various sentencing objectives? Are long incarceration sentences
effective in deterring crime? Does and can sentencing address social
inequalities?
Example 1
• A complainant makes allegations of sexual assault. The case goes to trial.
Both the offender and the complainant testify at trial, but provide
conflicting accounts of what has happened.
- How are decision-makers to determine what actually happened?
➢ Credibility of the witness and if their story is consistent
- What if the complainant has mental disability and can be easily confused
during cross-examination and provide contradictory answers?
Example 2
• Ms Boutcher passed a small amount of drugs (1.8 grams of cocaine, 16
tablets of hydromorphone and 1.1 gram of cannabis) hidden in a kinder
surprise egg to her boyfriend while she was visiting him in prison. She was
convicted of 3 counts of drug trafficking. She is not a drug dealer and did not
financially benefit from the transaction. She is a drug addict and committed
the offence under the influence of her boyfriend. She is remorseful and is
seeking help for her addiction.
find more resources at oneclass.com
find more resources at oneclass.com
- What sentence should she receive?
➢ There should be rehabilitation after any kind of prison sentence
➢ No harsh punishment
- What objectives/principles/factors should guide the determination of
the fit sentence?
➢ Shes agreeig to reeie help
➢ Shes ulerale ad aot sere too uh i priso
Example 3
• Emma is driving along the highway in the left passing lane. She sees a group
of ducklings on the shoulder of the highway, decides to stop and bring them
home. She parks her car in the left lane (without emergency lights on),
leaves her door open and walks towards the ducklings. The highway is
usually not busy and is empty at the time. The next approaching car is able
to swirl and avoid the collision, but the motorcycle behind it is not able to
avoid the unexpected obstacle - a parked vehicle - in the middle of his lane.
The ylist sees Eas ar oly he the ar i frot of his sirls. He tries
to brake, but it is too late. The collision kills both people on the motorcycle.
Emma is found guilty of two counts of dangerous driving causing death.
- What sentence should she receive?
- What objectives/principles/factors should guide the determination of
the fit sentence?
Cases
• R v Stanley (Colten Boushie case): https://www.cbc.ca/radio/checkup/what-
are-your-thoughts-on-the-trial-and-verdict-in-the-death-of-colten-boushie-
1.4528259
• R v Ghomeshi: http://www.theglobeandmail.com/news/national/jian-
ghomeshi/article28476713/
• R v Muzzo: http://globalnews.ca/news/2537603/marco-muzzo-apologizes-
in-court-says-hes-tortured-by-grief/
Sentencing: Philosophical Justifications
• Utilitarian theories
- Promotion of favourable consequences
- Deterrence, incapacitation, rehabilitation
- Does this work?
find more resources at oneclass.com
find more resources at oneclass.com
Document Summary
Two key parts of the course: prosecution process/criminal procedure: Knowledge of the basics: system of criminal courts, classification of offences, stages of the criminal process, key players in the criminal process, rules of evidence. Does composition/background of jurors influence their decisions: sentencing process and decision-making: Knowledge of the basics: purposes and principles of sentencing, aggravating/mitigating factors, sentencing options. Example 1: a complainant makes allegations of sexual assault. Both the offender and the complainant testify at trial, but provide conflicting accounts of what has happened. Credibility of the witness and if their story is consistent. She was convicted of 3 counts of drug trafficking. She is not a drug dealer and did not financially benefit from the transaction. She is a drug addict and committed the offence under the influence of her boyfriend. She is remorseful and is seeking help for her addiction. There should be rehabilitation after any kind of prison sentence.
