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What is a crime A crime is generally defined as an act or omission that is prohibited by criminal law Two critical ingredients of a crime are: 1) the commission of an act (Actus reus) 2) the mental intent to commit the act (Mens rea) A crime occurs when a person Commits an act or fails to commit an act when under a legal responsibility to do so Has the intent or mens rea to commit the act Does not have a legal defence or justification for committing the act and Violates a provision in criminal law The Social construction of crime Important to distinguish between behaviours that may be considered deviant by society and crimes Deviance is behaviour that is contrary to the norms and values of the larger society Crime is behaviour that breaks the law Deviance includes: Criminal behaviour and Wide range of other behaviours not against the law: May be frowned upon by the larger society What is viewed as deviant changes over time Crime includes: Social construction of crime Legal status of behaviours is not determined by behaviour itself but result of social response to the behaviour/persons/groups engaged in it Criminologists often conduct historical analyses to understand how social, economic and political environments may influence legislation Moral entrepreneurs Often play a key role in criminalizing certain activities Individuals, groups or organizations, seek action against certain groups of people/behaviours and bring pressure on legislators to enact criminal statutes The Origins and Application of the Criminal Law Differing perspectives on where criminal laws come from/ applied via the criminal justice system are reflected in two models 1) Value consensus model 2) Conflict Model Value consensus model Behaviours are defined as criminal/punishment imposed, reflect opinions/limits of tolerance Application of law, society reaffirms acceptable behaviours/social cohesion Conflict Model Crime and punishment reflect the power some groups have to influence, formulation/application of criminal law rich/privileged have an advantage in influencing law reform/criminal justice system The Canadian Legal System Is a common law system, with exception of Quebec which has a civil law system (Based on the French Code Napoleon) Common law is law based on custom, tradition, practice and generally unwritten Precedent is a judicial decision may be use as a standard in subsequent similar cases Canadian Courts Canadian courts organised in a hierarchy Supreme court of Canada is the highest court Stare decisis- principle whereby higher courts set precedents that lower courts must follow “To stand by what was decided” Like cases should be treated alike All courts below SSC bound to apply that same ruling in subsequent cases Criminal Law Body of law deals with conduct considered so harmful to society as a whole that it is prohibited by statute and prosecuted and punished by the government Functions of the Criminal Law In Canadian society, Criminal law provides the following functions Acts as a mechanism of social control Defines the parameters of acceptable behaviour Reduces the risk of personal retaliation Assists in general and specific deterrence Prosecutes criminalized behaviour Protects groups interests Principles of Canadian Law The Rule of Law The requirement that governments as well as individuals be subjected to Traced back to the English Magna Carta The essence of the rule of law is that No one person is above the law All persons are bound by the law All are entitled to protection by the law The law should be observed and enforced equally There is a standard to which criminal justice officials must adhere and will be held accountable Criminal Law Vs. Civil (Tort) Law Summary Crime is a social construction and is a reflection of changing time and mores Criminal law is not static and what behaviour legislatively defined as criminal can change overnight There are instances in which controversy arises when the criminal law is applied to issues of ethics, morality and religion The criminal law was identified as one type of public law and the functions of the criminal law were set out The rule of law and the charter of rights and freedoms are two key parts of the foundation of the criminal justice system There are several principles that also provide the foundation for Canadian law The role, principles origins and application of the criminal law were examined and a number of case studies were presented to illustrate the dynamic nature of the criminal law in a diverse society

Write question 2. Early British Actions in the Colonies In 1760, near the end of the Seven Years’ War, a new British king, George III, began his reign. During his 59-year rule, he resisted revolutionary and Napoleonic France. However, George appointed advisors to manage his more distant foreign affairs in North America. These advisors knew very little about the day-to-day lives of colonists and were soon taking actions that enraged many of them. The Proclamation of 1763 The British government faced many problems after the Seven Years’ War. One was how to protect colonists and their land claims as they pushed westward into areas settled by Indigenous groups. In his Proclamation of 1763, George III said to simply draw a line down the crest of the Appalachian Mountains and order colonists not to settle past the boundary. To colonists whose fortunes were founded on Indigenous land, the king’s order suggested tyranny, or the unjust use of government power. They argued that White colonists had already claimed most of the land east of the Appalachians and that farmers had to move west to find land. Besides, colonists and land investors had already crossed the mountains into Indigenous territory. The British government ignored colonists’ arguments. To control the frontier, it sent an additional 7,500 soldiers to the colonies. The Proclamation of 1763 would later be cited as a grievance in the Declaration of Independence. The Stamp Act The British government had other problems besides stopping colonists from encroaching on Indigenous land. Another dilemma was how to pay off the large debt from the Seven Years’ War. The solution seemed obvious to Prime Minister George Grenville, the leader of the British government. People in Great Britain were already paying taxes on everything from windows to salt. In contrast, American colonists were among the most lightly taxed people in the British Empire. It was time, said Grenville, for them to pay their fair share of the cost of Britain protecting colonists and their interests. In 1765, Grenville proposed a new act, or law, called the Stamp Act, which required colonists to buy a stamp for every piece of paper they used. Newspapers, wills, licenses, and even playing cards had to be printed on stamped paper. Again, the colonists sensed tyranny. One newspaper, The Pennsylvania Journal, said that as soon as “this shocking Act was known, it filled all British America from one End to the other, with Astonishment and Grief.” It was not just the idea of higher taxes that upset the colonists. They were willing to pay taxes passed by their own assemblies, in which their representatives could vote on them. However, because the colonists had no representatives in Parliament, they saw the Stamp Act as a violation of their rights as British subjects. For this reason, they argued Parliament had no right to tax them. “No taxation without representation!” they declared. Loyalists simply refused to buy stamps, while other colonists protested the Stamp Act by sending messages to Parliament. Patriots took more aggressive action. Protesters calling themselves the Sons of Liberty organized in 1765 and began attacking tax collectors’ homes. In Connecticut, they even started to bury one tax collector alive. Only when he heard dirt being shoveled onto his coffin did the terrified tax collector agree to resign from his post. After months of protest, Parliament repealed, or canceled, the Stamp Act. Colonists greeted the news with great celebration. Church bells rang, bands played, and everyone hoped the troubles with Great Britain were over. The Quartering Act As anger over the Stamp Act began to fade, Parliament passed another controversial law in 1765. The Quartering Act ordered colonial assemblies to provide British troops with quarters, or housing. The colonists were also told to furnish the soldiers with “candles, firing, bedding, cooking utensils, salt, vinegar, and . . . beer or cider.” Providing these things for British soldiers cost money. New Jersey protested that the new law was “as much an Act for laying taxes” on the colonists as the Stamp Act. New Yorkers asked why they should pay to keep troops in their colony during peacetime. In 1767, the New York assembly decided not to approve any funds for supplies for the British troops, forcing them to remain on their ships. In retaliation, the British government suspended New York’s assembly until it agreed to obey the Quartering Act. Once again, tempers began to rise on both sides of the Atlantic.

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