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Criminal Law Criminal Law Unit 2 Why should some behaviors be

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Criminal Law Criminal Law Unit 2 Why should some behaviors be Powered By Docstoc
					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.