The Purpose of Criminal Law Consider these two images… What do you think? People around the world had much to say when these photos hit the media in the summer of 2016. They wondered: △ “How have things changed so much?” △ “Is this about politics, morality, religion or gender?” △ “Why is one country reacting in this particular way, while others are approaching the presence of diverse populations differently?” △ “If this were a nun, a skin cancer sufferer, a man or a student in a school uniform, would the same rule apply?” △ “What were the other people on the beach thinking? What is not in the picture?” Activists Protest Burkini Ban… https://youtu.be/PUn1XyrOEqg The burkini debate illustrates the different values and perspectives that shape laws in different countries. Each country is sovereign; they have the right to make laws and apply them within their jurisdiction. When travelling or working in a country, it is your responsibility to abide by their laws. Functions of Our Criminal Code Our Criminal Code has several different functions. The most important are as follows: △ Preventing harm to people and property △ Preventing action that challenges government authority and institutions △ Discouraging personal revenge △ Preventing harm to oneself △ Expressing and enforcing morality What is a Crime? Our Criminal Code has several different functions. The most important are as follows: △ Preventing harm to people and property △ Preventing action that challenges government authority and institutions △ Discouraging personal revenge △ Preventing harm to oneself △ Expressing and enforcing morality Actus Reus s.222(1) A person commits homicide when, directly or indirectly, by any means, he causes the death of a human being" △ Action usually required △ May include inaction (Parent's duty to provide necessities of life) Mens Rea Actus non facit reum nisis mens sit rea An act does not become guilty unless the mind is guilty Objective Standard = blame based on the accused's failure to live up to the standard of the reasonable person. Mens Rea Subjective Standard = Crown is required to prove the accused him/herself had the "requisite intention" at the time the offence was committed. Requisite intention = mens rea of the accused must be established by the Crown R v Lamb Larry Lamb was a young man who owned a revolver that had a five-chambered cylinder that rotated clockwise each time the trigger was pulled. As a joke and with no intention of doing harm, Lamb pointed the revolver at his best friend. There were two bullets in the chambers, but neither bullet was in the chamber opposite the barrel. Lamb did not intend to fire the gun, but when he pulled the trigger, the cylinder rotated and placed a bullet opposite the barrel so that it was struck by the striking pin. R v Lamb Lamb killed his best friend. Lamb is charged with homicide. The actus reus is obvious—the friend is dead. Culpability depends on your assessment of mens rea. R v Lamb Questions 1. 2. 3. 4. Did Lamb intend to cause death? Is Lamb blameless with respect to his friend's death? Was Lamb's behaviour reasonable? If unreasonable, is he sufficiently culpable to be held criminally responsible for the death? 5. Would it matter if Lamb could convince you that he made a reasonable mistake, a mistake anyone unfamiliar with a gun could make? 6. If yes, is the reasonableness of Lamb's mistake significant? 7. If no, what is it about Lamb's behaviour that you believe is blameworthy? Mens Rea and Actus Reus Worksheet To Do = Read through the handout, then answer questions on the worksheet. Textbook reading Read pages 275 to 282 (stop before “The Criminal Code”) of the textbook and complete the definitions on the Google Doc.
