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Defining and measuring crimeCRM101- Week 2
Part 1- criminal law and its process
Common law in Canada
- Common law: early English law that was developed by judges and incorporated by
Anglo-Saxon tribal custom, feudal rules and practise, and the everyday rules of behaviour of
local villages
- 3 main sources
1) stat sheets ex.) the criminal code of Canada
2) the constitution ex.) what the provinces are responsible for, charter of rights and
freedom
3) judge made common law
- judges contribute to development of law
Classification of law
- tort law relates to law suits ex.) a company suing another company
Criminal law vs tort law
- sanction is a key difference between the two
- initiator of the action, in tort law initiator of action is the victim (private individuals),
state has no rule in tort law
- Compensation in tort law cases always go to the victims
- Standard of law in criminal cases is behind reasonable doubts ex.) no reasonable doubts
left and tort law is balance of probability
- In criminal law state should be completely satisfied that the individual is guilty
Indictable offences
- More serious offences such as murder, sexual assault
- Preliminary hearing: a trial where the judge listens to facts and decides whether or not
they want
- Highbrid offences: offences that give the prosecutor a choice on how they want to
procedure either through summary or indictable offences ex,) drunk driving
Mala in se vs Mala prohibitum
- Male in se: Inherently wrong ex.) consensus crimes such as murder, robbery
- Mala prohibitum: wrong because they are criminalized ex.) things like conflict crimes
such as jwalking, public nudity
Functions of the criminal law
1. providing social control: written rule of what is acceptable and non-acceptable behaviour 2.
discouraging revenge: discourage people to take law in own hands
3. Public opinion and morality:
4. deterrence: Preventing people from committing crimes
- two types: general deterrence and specific deterrence
- General deterrence: people are deterred by threat of jail
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