DAY 75 (May 31) Test Day!

Almost everyone wrote the Criminal Law Test today.

Tomorrow - reminder that Community Officer Rob will be with us to discuss all sorts of things related to policing and legal issues.  I've reposted your questions from last week here as a reminder to everyone.

1. How big a problem are Prohibited Weapons in Halton?

2. What's your role at Acton HS?

3. Are there quotas for issuing things like speeding tickets?

4. What the best "police story" that you have?

5. Have you ever had your evidence thrown out thus destroying your case?

6. What are the rules around using or pulling out your weapon?

7. Have you ever had to use one of your weapons (especially your gun)?

8. What types of crimes involving very young offenders do you deal with?

9. How have you handled people resisting arrest?

10.  Tell us about Tazers.

11. Why is policing for you?

12. Are you tested for drugs?

DAY 74 (May 30) Legal Brief Lab Work on Good Copy

The Title for today says it all - we're in the Library Lab.

Many of you completed your work, as assigned today, and you've sent me your work or links to your Google Docs/Presentations etc.   These are due - please have them into me before class on Thursday.

Heads-Up Reminder of our Test on Criminal Law which is tomorrow during class.  Please see the review work on previous days' posts here.

Wednesday will be Community Officer Rob's visit to us so I'll forward the Questions that you came up with earlier so that he's come into our class well prepared.  And if you think of any other issues you would like addressed on Wednesday don't hesitate to run them by me or email me or just ask on Wednesday.

DAY 73 (May 27) Legal Brief - change in schedule

Today is the Talent Show so our classes are shortened.  This is your second day for working on the point form note-taking for your Legal Brief assignment.  Many of you submitted your work today at the end of class and I'll return my comments to you on Monday in order for you to complete the good copy in the lab on Monday.

Those of you who haven't yet given me your rough work can do so on Monday if you would like my feedback before your begin your final work on this.

DAY 72 (May 26) Legal Brief Assignment

Here's the assignment I handed out yesterday, "Legal Brief".  And here's the Legal Brief Marking Scheme for it.

Because of a change in schedule for Friday we'll do the point form work in class on Thursday and Friday and the lab part (Final Product) on Monday, then we'll have our test on Tuesday.

Most people worked fairly well on this today and everyone should be able to finish tomorrow (Friday) so that I can mark and comment on your work on the weekend, returning ready for your final product on Monday.

DAY 71 (May 25) Change of Plan - Finish Review & Start Case Studies

We will finish the review and I'll add the notes to yesterday's blog to keep all the review together.

I'll keep your questions for Community Officer Rob below and then repost them on the day that he does come to class.

After completing the review today, I distributed your next assignment, "Creating a Legal Brief".  See tomorrow's post for full details.

Each year we have our Community Officer visit to discuss policing as a career and to discuss some finer points of criminal law that the police tend to deal with regularly.  To pre-prepare here are some questions:

1. How big a problem are Prohibited Weapons in Halton?

2. What's your role at Acton HS?

3. Are there quotas for issuing things like speeding tickets?

4. What the best "police story" that you have?

5. Have you ever had your evidence thrown out thus destroying your case?

6. What are the rules around using or pulling out your weapon?

7. Have you ever had to use one of your weapons (especially your gun)?

8. What types of crimes involving very young offenders do you deal with?

9. How have you handled people resisting arrest?

10.  Tell us about Tazers.

11. Why is policing for you?

12. Are you tested for drugs?

DAY 70 (May 24) Test Review and Officer in the Classroom Questions

Your test on FRIDAY will be on Criminal Law and it will be similar to your last test (Intro, Human Rights).

Chapter 4
Criminal Law deals with offenses against society.  That's why the charge will always be R. vs. Smith (e.g.), the "R." stands for "Regina", or "The Queen".

Criminal Law seeks to punish and rehabilitate offenders, keeps the peace, protects people and property.

Criminal Law is the federal government's responsibility.

Some activities, like drinking in public, traffic violations, etc. can be municipal or provincial matters but they are not criminalized.

Summary Conviction offenses are minor criminal offenses (called "misdemeanors in the USA).

Indictable offenses are the more serious offenses (called "felony" crimes in the USA).

Hybrid offenses can be charged as either summary or indictable.

The Crown must prove its case beyond a reasonable doubt.

Actus reus (the criminal action) and Mens Rea (the criminal intent, guilty mind) must BOTH be proven against an accused to get a conviction.

The Superior Court of each province has a trial division and appeal division for important criminal cases.  The courthouse in Toronto that we visited is the Superior Court of Ontario.

The Supreme Court of Canada hears appeals on points of law, whether our existing laws adhere to the Charter of Rights and Freedoms.  They will also have a final say on points of law from appeals courts from across the country.

Overall Main Points of Chapter 4:
1. What is a crime and how is it dealt with in Canadian Society?
A Crime is an action that:
   a. is considered against the values of Canadian Society.
   b. causes harm to people or property.
   c. the harm caused is serious in nature and degree.
   d. using the criminal justice system against the perpetrators will help deter them (and others) from repeating similar actions.

2. Explain the types of criminal offenses.

Summary, Indictable, Hybrid. please explain each.

3. Distinguish between actus reus and mens rea using examples.

You should have a look at the cases in the chapter and at the review (pp. 142-143) for some interesting ideas and cases.

Chapter 5

The Police are there to serve and protect the public by enforcing the law, especially the Criminal Code.

To arrest someone, the police must have reasonable and probable grounds.

The police can use as much force as is necessary to prevent an escape.

The police must advise those under arrest of their rights - listed in the Charter s. 11.  For example, you do not have the right to remain silent in Canada (you may have seen that on American crime shows).

Police must get a search warrant to search private residences.

The main points of Chapter 5 are:

1. What makes an arrest legal?

2. What are the legal rights of the person under arrest?

3. What are the powers of the police to perform legal searches?

Also check the review of the chapter (pp 178-179) and the cases in the chapter.

Chapter 6.

The adversarial system is our system of trial (means that there are two opposing sides, each having the opposite goal - to prove guilty or to prove innocent.

The Crown represents society and they must prove the accused guilty of the offense.

The jury's job is to convict or to acquit based on evidence presented in court.

Both the Crown and the Defense have the opportunity to present witnesses and to question the other side's witnesses.

The judge determines the admissibility of evidence.  The judge also ensures a fair trial for the accused.

The main points of this chapter include:

1. What types of evidence can be accepted in Canadian Courts?

2. Describe our jury selection process.

Also, check the review of the chapter (pp. 214 - 215) for other highlights, and check the chapter cases.

Chapter 7

Describe the various types of homicide in Canada. 

1st Degree, 2nd Degree, Manslaughter, Infanticide, Negligent Homicide (these are all "culpable" homicides, meaning that there is blame attached, they are not strictly accidents).

There are three categories of assault and sexual assault in Canada, depending upon the severity of the attack.

Arson is the intentional causing of damage by fire.

Identity theft is on the rise and harms thousands each year in Canada.

Fraud is intentionally misleading others for a financial gain.

Weapons are either non-restricted, restricted, or prohibited.

Prostitution is legal in Canada but soliciting and other activities surrounding prostitution are illegal.

Drug laws are in the Criminal Code in the Controlled Drugs and Substances Act.

Impaired Driving is the main criminal cause of death in Canada.

The main points of the chapter are:

1. What are some examples of crimes of violence (against people)?

2. What are some examples of crimes against property?

Check out the Apply Your Learning Section of the Chapter review (p. 260).

Also check the rest of the review and the chapter cases.

Chapter 8

Defenses are the accused's response to the criminal charge.

The Best Defense is an Alibi - proof that the accused was at a different location and could not possibly have committed the crime.

There is a long list of possible defenses to crimes - please review them.

The defense of self defense is acceptable in Canada - a person can use as much force as is necessary to stop the immediate threat against them.

Prolonged abuse is an acceptable defense in Canada.

Please check the chapter review and your notes for more examples of defenses and some good case examples.

Chapter 10 - Youth Criminal Justice Act

April, 2003 (YCJA) - it replaced the Young Offenders Act.

It's part of the criminal code and deals with how we handle youth from the ages of 12 - 17. 

A Child of 11 years or younger is considered too young to be dealt with in the criminal justice system.


The YCJA expands the role of rehabilitation services for youths.

Youths have the same rights as adults under the Charter.  Youths have additional rights under the YCJA. 

Programs of extrajudicial measures and sanctions are designed to deal with youth outside the court system. 

The Supreme Court decided that reasonable grounds must exist before using sniffer dogs in school searches. 

Youths age 14 and up will be tried as adults for serious crimes but they'll be tried in Youth Justice Court.


The names of youths are not to be published.  However, youths aged 14 - 17 who have already been convicted of a serious crime will have their names published.

Sentencing of youth to jail time is a last resort. 

Main points of the YCJA - 

Explain the legal rights of youths upon arrest.

Do you think extrajudicial sanctions and measure are effective?


Outline the sentencing options for judges . . . .

Also, please look at the cases in the chapter and the other review information, pp. 354-355.




Chapter 9 - From Sentencing to Release
Both the Crown and defense can make submissions for sentencing.


Judges use a wide variety of information about the criminal, the crime, and victims when sentencing.


The objectives of sentencing are:
  - hold offenders responsible
  - punish the offender
  - consider victims' needs and concerns
  - impose appropriate measures emphasizing rehabilitation of the criminal
  - protect society
  - to deter the criminal from reoffending  (specific deterrence)
  - to deter the general public from committing similar acts (general deterrence)


Please refer to the rest of the review, pp. 324-325 and refer to the cases in the chapter.

DAY 69 (May 20) Film Fest!

Today, Period 2 was a whole school assembly for the Acton Film Festival put on by Mr. Stark's classes - this is always a great event but it means no Law class today as it's also in Period 2.

Enjoy the long weekend everyone, and please consider starting your review for Criminal Law and the upcoming test by skimming through your notes daily.

DAY 68 (May 19) Sentencing of Offenders

Under the YCJA, there are many options for sentencing including:

Absolute Discharge - for minor crimes only, e.g. shoplifting - it means the youth is guilty but no formal conviction is entered in the record.

Fines - maximum is $1000, judges will always consider the youth's ability to pay.

Compensation - pay the victims for their losses.

Personal and Community Service - in place of money (fines), offenders may be required to "work back" damage, usually in property crimes, like graffiti repair.  This is not used often and cannot be more than 40 hours in a year.

Police and Community Based Programs - Generally in large cities (Toronto, Ottawa, Winnipeg for example) and they often involve police and fire dept. volunteers.

Probation - youths are free (not in jail) but their under the supervision of probation officers who ensure that the youth is following the rules of their probation, e.g. staying off drugs/alcohol, good attendance at school or work, not association with known criminals, follow a curfew, etc.

Jail (Custody) - as a last resort youths can spend time in a youth jail, usually only if their crime is a violent crime and they have failed to comply with earlier sentences.

Open Custody - youths have some access to the community and the youths will live in group homes, residential wilderness camps - youths continue to attend school.

Secure Custody - real jail time is for violent youths with long criminal records and that are still considered a threat to society.

For youth criminals, the important principles of sentencing are:
1. To hold offenders accountable
2. To consider the victims' needs
3. To impose appropriate punishments and to rehabilitate the youth and to protect society.



FROM SENTENCING TO RELEASE

Why Sentence?
Sentencing reflects societal values.

In Canada judges have a lot of leeway in imposing sentencing, i.e. they are able to consider many factors when sentencing - the past history of the criminal, the impact on victims, the Criminal Code, time already spent in jail awaiting trial, etc.

Purposes of Sentencing - appropriate sentencing promotes respect for the law and helps to maintain a just and peaceful society.  When sentencing, judges have to have one of these objectives:

1. Denounce Unlawful Conduct - the crime is condemned from society's point of view.
2. Specific Deterrence - prevent (deter) the criminal from repeating the crime.
3. General Deterrence - send the message to the general public that committing that crime is not acceptable (deter others from committing the crime).
4. Keeping the Offender from Society - to protect society, some criminals need to be kept out of public.
5. Rehabilitation - restoring a person to good mental and moral character.
6. Reparation - to repay in one form or another the harm done to victims.

DAY 67 (May 18) The Rest of YCJA

Today we covered the rest of the YCJA including the following sub-topics  as listed on the hand out, Note Taking Guide for YCJA.

 

Legal Rights of Youths – pp. 334 - 341

1. Outline four choices police have when dealing with a youth who has committed a minor first-time offence.

2. What are extrajudicial sanctions, and when are they used?  What two conditions must be met before a youth offender can participate in an extrajudicial sanctions program?

3. Under the YCJA, what additional rights are available to youths who are arrested?

4. When may a young person be fingerprinted and photographed?

5. What rights and obligations do parents or guardians have when their child is arrested?

Trial Procedures pp. 341 - 345

1. Why do youth court cases usually take less time to try than adult court cases?

2. What is a presumptive offence? List four examples.

3. Why are the identities of youth criminals protected from media publication? Do you agree that this is a good idea?   Why or why not?

4. List three reasons why the YCJA eliminated the transfer of serious crimes to adult court.

5. Why was the case of R. v. D.B. such a significant judgment in the history of youth justice in Canada?

Sentencing of Youths  pp. 345 – 351

1. What are the three principles of youth sentencing?

2. What is the purpose of a pre-sentence report? What kind of information does it contain?

3. What is the most lenient sentence a youth can receive? Why is it the best option for most youths?

4. Using examples, distinguish between open and secure custody.

5. What is the difference between an appeal and a review? What are the purposes of each?

DAY 66 (May 17) Youth Criminal Justice Act

(Chapter 10)
Youth in Canada have a special set of rules when it comes to the Criminal Code.   Why?

Generally society thinks that young people, from the age of 12 to 17, are still developing the capacity to distinguish fully between right and wrong and to understand fully the consequences of criminal actions.  Society emphasizes rehabilitation of young people over punishment.

Let's start with current stats:  in Canada, youth crimes are DOWN by over 20% in the last 15 years.

Until the 1890s there was no distinction made between youth criminals and adult criminals.  In 1892 we started to distinguish between children and adults with the Juvenile Delinquents Act (1908).

Canada sent most youth criminals ("juvenile delinquents") to training schools, poorhouses, etc. but in general it was left up to judges to decide what to do with young criminals.

1970 - Young Offenders Act which didn't come into effect until 1984.
Highlights:
Offered society good protection from violent youth.
Set an age of 12 - 17 (i.e. 11 years old and under, the CC does not apply, 18 years and older, fully adult).
Recognized that youths are still dependent upon adults.
Rehabilitation is the primary role of the criminal law system for youths.
Youths' identities are protected from publication to prevent further disruption to their lives and reputations.
Youth detention centers are separate from those of adults.

Youth Criminal Justice Act - 2003

It outlines how youths (12 - 17 years) are to be dealt with if charged with crimes in the Criminal Code.  It emphasizes the following:

Keeping youth out of the court system (alternative sentencing options).
Less emphasis on jail time for non-violent crimes.
Guaranteeing youth their Charters Rights plus additional rights.
All youth cases are now tried in Youth Justice Courts.
Allows judges to impose adult sentences for violent youth crimes.
Publication of the identification of youths can occur but only after they are sentences as an adult.
Mandatory community supervision of youths who have served jail time.

Legal Rights of Youths
Non-violent first time offenders who are unlikely to re offend can avoid trial by taking part in "extrajudicial measures."  The intent of the program is to reduce the numbers of young people appearing in court, primarily for things like:
petty theft
possession of stolen property
failure to appear in court
breach of probation, etc.

Most common measures include:
- not charging the youth and returning him/her to the parents
- warnings and explanations of consequences if the youth re-offends.
- referring the youth to a community program like a recreation program mental health program, child welfare agents etc.
- apologizing to the victims

DAY 57 (May 4) Criminal Code 20 Questions and Key Components

Our law minute of the day was about an American man who assisted the suicide of some people including an 18 year old Canadian woman who was a student at Ottawa University- - the perp prowled the Internet looking for depressed people and then discussed suicide with them.  Ultimately he would recommend that these people actually go through with their suicides and some did.

We then looked through the Criminal Code in the 20 Questions Handout.
Here's the Answer Key.

Then we started looking through the CC again for some Key Components in CC Offences.
Here's the Answer Key.

DAY 56 (May 3) Recap of Courthouse Trip and Trial Procedures

We spent the class examining and discussing what we witnessed at the courthouse - very interesting indeed!

We then looked through trial procedures including recapping what we saw at the courthouse and then looking through some textbook materials on this to help clarify what we saw.

DAY 55 (May 2) Courthouse Field Trip

We had a nice group attend this trip and some of the highlights included:

Hell's Angels, multiple charges and a table of evidence including hand guns, knives and yes, the proverbial lead pipe!

Coroner who described the trajectory and the damaged caused by the lethal bullet in a murder trial.

The cross-examination of a detective in her surveillance of a robbery and murder suspect.