Criminal Law Unit 2 Why should some behaviors be considered a crime? • Victims of the behavior • Direct – crime against specific person(s) • Indirect-society • How is society a victim? • Financial cost, human cost, psychological cost, behavioral cost To be considered a crime… • Act or omission considered wrong by society • Causes harm to society in general • Harm must be serious • Remedy/solution is handled by the criminal justice system Classifications of Crimes • Classification is based on the SERIOUSNESS of the offence • 3 classifications • Indictable • Summary Conviction • Hybrid or Dual Procedure Why do we need to classify crimes? • Based on the seriousness of the offence, the following are affected: • Procedures followed by the police (Ex. Arrest, searching etc.) • Court process and which court will be used (Ex. Preliminary hearing, bail, jury) • Range of Possible punishments available • How it is treated is usually defined in the criminal code. I. Indictable offences • Most serious of all offences • Ex. Murder, armed robbery, kidnapping II. Summary Conviction Offences • Also just called “Summary” offences • Least serious of all types of offences • Ex. Theft under $5000, prostitution, tresspassing. III. Hybrid or Dual Procedure Offences • Some offences may be considered as either summary OR indictable • If they can be treated as either/or, then they are said to be HYBRID • Crown is asked by the judge to decide how they wish to treat the crime. • Usually based on the consequences of a behavior or circumstances • Until stated by the crown, it would be treated as serious! • Ex. Assault, public mischief, failing to stop at the scene of an accident.
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