Criminal Law

Law 30

Criminal Law

• Deals with offences committed against society as a whole

• An individual comes into conflict with what society deems acceptable

• Offenders pay a fine or are imprisoned

Civil Law

• Deals with offences against individuals

• Focus on compensation

Functions of Criminal Law

• Protect people and property

• Discourages potential offenders

• Rehabilitates those who have already harmed society

Nature of Criminal Law

• Any action that Parliament has deemed to be criminal

• Reflects the values and wishes of society

• Reflects social changes and growth

Criminal Actions

For an action to be considered a crime, certain conditions must exist:

• The action must be considered wrong• The action must cause harm to other people,

to society, or to those who need protection (such as minors)

• The harm must be serious in both nature and degree

• The harm must best be dealt with through the mechanism of criminal law

Criminal Law

• In 1867, the Federal Government was given the power over matters common to the entire country. This was to give the Federal Government strength.

• The Federal Government was given the power to pass criminal laws.

Criminal Law

• An action is not considered criminal unless the Parliament of Canada passes a law making it so.

• Parliament declares certain actions to be criminal to reflect the values and wishes of society.

• What is a crime in one province is also a crime in another province.

Quasi Criminal Law

Laws passed by the provinces are not considered criminal law but are called quasi criminal law.

• Quasi criminal laws vary from province to province.

• An example of quasi-criminal law is the Saskatchewan Highway Traffic Act.

The Source of Criminal Law

• The Criminal Code of Canada came into effect on July 1, 1893. There was a major revision in 1955. Revisions are on going.

• Criminal law is also found in the Controlled Drugs and Substances Act.

The Source of Criminal Law

• The Criminal Code of Canada is the main source of our criminal law.

• Criminal Code of Canada contains a list of criminal actions as well as the penalties for each crime.

• The procedure from the time police begin to investigate a crime until the person is released from jail after serving a sentence can also be found in the Criminal Code of Canada.

The Role of Judges in Criminal Law

• Judges must interpret laws passed by Parliament or by the provincial Legislatures and decide how to apply the law to a specific case before the court.

• Judges have the power to decide whether a law is consistent with the Canadian Charter of Rights and Freedoms. If the law is not consistent, the judge has the power to strike down the law.

Robert Downey Jr. was photographed by the California Department of Corrections in August 1999 while serving time on a drug conviction. The second mug shot was taken in November 2000 after his arrest at the Merv Griffin Resort in Palm Springs for drug possession. The third photo was taken in April 2001 after the actor was busted in a Culver City alley for investigation of being under the influence of a controlled substance.

"Jackass" star Steve-O (aka Stephen Glover) was arrested in August 2002 for exposing himself during a nightclub performance in Louisiana.

Matthew McConaughey was arrested by Austin, Texas police in October 1999 and charged with possession of marijuana and drug paraphernalia after a neighbor called to complain about music blaring from the actor's crib. When cops arrived, they found McConaughey dancing around in the buff and playing bongo drums. The drug charges against McConaughey were eventually dropped, though the star did plead guilty to violating Austin's noise ordinance, for which he paid a $50 fine.

Actor Tim Allen was busted in May 1997 by Bloomfield Township, Michigan cops and charged with drunk driving. He later pleaded guilty and was ordered to pay a fine and attend alcohol counseling.

Actor Mickey Rourke was arrested in November 2007 by Miami Beach police and charged with driving under the influence. According to cops, the "Sin City" star was seen making an illegal U-turn on his Vespa scooter and then weaving across the road. Once stopped, police noted that Rourke had bloodshot eyes and smelled of booze. He also didn't perform well on a series of sobriety tests. Rourke, 55, was then transported to the Miami-Dade County jail where he posed for the below mug shot and was held on $1000 bond.

Johnny Cash was arrested in October 1965 at the El Paso International Airport after U.S. Customs agents found hundreds of pep pills and tranquilizers in his luggage as he returned from a trip to Juarez, Mexico. The Man in Black spent a night in the county jail and later pleaded guilty to a misdemeanor count, for which he paid a $1000 fine and received a 30-day suspended sentence.

Macaulay Culkin was nabbed in Oklahoma for possession of marijuana and two controlled dangerous substances (Xanax and sleeping pills) for which he did not have a prescription. The bleary-eyed actor, 24, posed for the below Oklahoma County Sheriff's Office mug shot following a traffic stop of his buddy's car in September 2004. Culkin, best known for starring in the "Home Alone" movies, was arrested and briefly jailed before being released on $4,000 bond.

Robert Van Winkle (aka Vanilla Ice) was arrested by Davie, Florida police in January 2001 after allegedly pulling hair out of his wife's head during an argument. Van Winkle, who copped to disorderly conduct in April 2001, was sentenced to probation and ordered to attend family therapy sessions.

Vanilla Ice (real name: Robert Van Winkle) was arrested in April 2008 by Florida sheriff's deputies and charged with domestic battery after his wife told police he assaulted her. The 40-year-old "Ice Ice Baby" singer was then taken to the Palm Beach County Sheriff's Office, where he posed for the below mug shot.

Shia LaBeouf, the star of "Transformers", was arrested in November 2007 after he refused to leave a Chicago Walgreens. The 21-year-old LaBeouf, who appeared to be intoxicated, was popped after he ignored a security guard's demand to leave the drugstore. The actor, pictured below in a Chicago Police Department mug shot, was hit with a misdemeanor criminal trespassing charge.

Rapper 50 Cent (aka Curtis Jackson) was photographed in August 1994 while serving time in a New York State Department of Correctional Services shock incarceration program. 50, then 19, had pleaded guilty to felony charges of peddling heroin and crack cocaine.