Monday, May 26, 2014
DAY 74 - Civil Cases - Chapter 11
After completing the presentations from yesterday we will work through the cases in Chapter 11 of the text.
Thursday, May 22, 2014
DAY 73 - Civil Law
We have been working on this, the test, the field trip to the Courthouse in downtown Toronto for a few days now. Here is what we have covered so far in Civil Law....
2. CAUSATION
3. DAMAGES
4. DUTY OF CARE
5. STANDARD OF CARE
ELEMENTS OF AN INTENTIONAL TORT
2. INJURY
3. CAUSATION
4. DAMAGES
Intro to Civil Law,
Torts and Negligence
Torts and
Personal Injury Overview
The word “tort” comes from French word for
“wrong”.
Primary aim of “tort law” is to provide
relief for damages incurred. And to deter
others from committing the same harms.
Torts are civil wrongs that result in an injury or harm and make
up the basis for a claim and lawsuit by the injured party.
The types of damages the injured party may recover are:
1. Loss of earning capacity or lost
wages
2. Pain and suffering
3. Reasonable medical expenses
Specific torts include acts such as:
·
Trespass
·
Assault
·
Battery
·
Negligence
·
Producing
faulty products
·
Intentional
infliction of emotional distress
·
Defamation
of character
Tort law determines when the person who causes the harm must
pay compensation to the person who
suffers the harm.
·
Personal
Injury Law encompasses all types of physical and psychological injuries a
person might suffer arising from:
o
Car
crashes
o
Occupier’s
Liability
o
Public
Liability
o
Negligence
of School Boards
o
Product
Liability
o
Catastrophic
Loss, e.g. accident resulting in paraplegia
The Tort of
Negligence – is when harm occurs as a result of an individual, who is
under a “duty” of care fails to meet a standard of care imposed by that “duty”
of care either by an act or by an omission.
In general terms, Intentional
Torts, are any intentional acts that are reasonably foreseeable to
cause harm to an individual and do so.
ELEMENTS
OF THE TORT OF NEGLIGENCE
1. NEGLIGENCE
Insufficient
care; what a reasonable person should have done to protect the plaintiff
2. CAUSATION
Negligence
must in fact be a cause of the damages complained of
3. DAMAGES
Actual loss or
damage of a type recognized by law (usually
a monetary loss)
4. DUTY OF CARE
An obligation by
defendant to exercise sufficient care towards the plaintiff
5. STANDARD OF CARE
It is appropriate
to hold the defendant liable based upon their
expected standard of care owed to the plaintiff
ELEMENTS OF AN INTENTIONAL TORT
1. INTENTIONAL
TORT
The action
resulting in the harm was intentional or voluntary
2. INJURY
The
action must have caused harm or injury to the
plaintiff
3. CAUSATION
The
Tort was in fact the cause of the harm or injury
4. DAMAGES
The injury caused
harm that can be rectified by (usually) a monetary payment to return the
plaintiff to their position before the injury.
Further to this are these two presentations:
Thursday, May 8, 2014
DAY 64 - Criminal Law Test Review
Your test on MONDAY will be on Criminal Law.
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.
Also check the review of the chapter (pp 178-179) and the cases in the chapter.
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.
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.
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.
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 63 - Sentencing of Youth 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 they're 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.
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 they're 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.
Friday, May 2, 2014
DAY 59 - Youth Criminal Justice
(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.
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
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
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?
Subscribe to:
Posts (Atom)