Some Bullshit from his own lecture notes
D.W.I = American legal term that is subject to a series of definitions in the penal codes of the
various states
Canadian Criminal Law
The first source is the English common law
o Origin of the body of law used in Canada, the US and commonwealth countries
o Has had some antecedents – laws and customs that pre-date it
Statute of frauds
o Requires that certain transactions be in writing, to alienate land sales over a
certain value etc.
Criminal Code of Canada
o Specific references to the written English law and the common law
o Code also says common law exceptions remain and the series of positive
defences, such as necessity and entrapment
United States
The English common law has had significant impact upon the legal systems in the US
Americans adopted common law classifications of offences
Some states and the model penal code have other classifications
Many criminal procedures in the united states have common law roots
o They have grand juries
Common law / English law practise of having petty offences tried without a jury is used
to this day
California
Has 3 classes of offences; the felony, the felony-misdemeanor and the misdemeanor
The felony-misdemeanour corresponds to the dual procedure system in Canada
**In Canada, the US and UK, statutes or parliamentary laws restate the common law
Criminal Jurisdiction
Territorial jurisdiction is the theory in Canada with minor exceptions but in the united
states there are four different theories of jurisdiction; Territorial, roman, injured forum
and cosmopolitan
o Territorial: position that criminal jurisdiction is dependant on the place of
perpetration
o Roman: looks to the perpetrator – a nation has jurisdiction over its citizens
wherever the misdeed is committed
o Injured forum: emphasis on the effect of the misdeed
o Cosmopolitan: any nation has jurisdiction over any misdeed committed
anywhere by anyone
Many Statutes have replaced the common law crimes and changed them considerably:
The offences against the person act, 1861
The criminal law act of 1967
The theft act, 1968
The malicious damage act 1861
Islamic Law
The sharia developed based on certain precepts
One from the material source of the law was the Koran or Quran, and the examples
from the life of the prophet
Arab governments have passed legislation renovating the traditional forms of the sharia,
but the right of religion to regulate the sphere of law is intact and usually
constitutionally enshrined
The Koran set out certain crimes that were as much against the rules of the society as
against the religion itself
o These major crimes are, unlawful intercourse, false accusation of unlawful
intercourse, drinking wine, theft and highway robbery
o The punishment system for these crimes is called the ‘hadd’. For example it calls
for death by stoning for serious instances of crimes