CRIM 131 Chapter Notes - Chapter 1: Magna Carta, Actus Reus, Mens Rea
17 Feb 2016
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Components: all citizens subject to law equally. Abide and are entitled to protection: fair and impartial system. Sufficient resources: created by elected officials. Defined penalties for all violations: justice is delivered timely. Common law: precedent: stare decisis, to stand by what is decided , hierarchal organization, higher courts can dictate what other courts can do, lower courts are bound to higher courts due to the. Public law: criminal, constitutional, taxation, administrative. Civil law: resolution of disputes between public citizens, contracts, torts, divorce, custody, inheritance, property ownership. Each crime has 2 components: actus reus- the act of doing something, mens rea- the guilty intent. To be convicted of most crimes, a person must have actus rea and mens rea. Crown does not need to prove mens rea for a few offences: these offences impose strict or absolute liability, ex) possession of burglary instruments.
