AN INTRODUCTION TO CRIMINAL LAW (39 marks)

Transcription

1 AN INTRODUCTION TO CRIMINAL LAW (39 marks) 1. What s the main source of criminal law in Canada? Who writes and/or amends this? Who decides precedent for this source? (3 marks) 2. What four conditions must exist for an act to be considered a crime in Canada? (4 marks)

2 3. The entire Canadian justice system must be fair for the accused. What seven principles are required for this to happen? Briefly describe each one. (7 marks)

3 4. CASE STUDY #2: The Association in Defence of the Wrongly Convicted (AIDWYC) The AIDWYC is a Canadian-based organization. It fights against wrongful convictions that are miscarriages of justice when an innocent person goes to jail. The group began in support of Guy Paul Morin immediately following his wrongful conviction in the summer of For some 10 years ending in 2004, AIDWYC s executive director was Rubin Hurricane Carter. He is the American boxer who spent 20 years in prison for crimes he did not commit. His ordeal was told in Canadian director Norman Jewison s film The Hurricane, which starred Denzel Washington. The AIDWYC s directors include lawyers, academics, and other interested members of the public. The AIDWYC has investigated such leading cases as the Milgaard and Truscott cases. David Milgaard was released in 1992 after serving 22 years in jail for the rape and murder of Gail Miller, a crime that he did not commit. Five years later, he was fully exonerated (freed from guilt) through DNA testing. This was a new tool in forensic science at the time. Milgaard was awarded $10 million in damages and an apology for the injustice that had been done to him. At that time, this was the largest settlement in Canadian history. The AIDWYC played a major role in the Milgaard public inquiry in The inquiry looked into all aspects of the police investigation and the subsequent criminal proceedings that resulted in Milgaard s wrongful conviction. Then in 207, the AIDWYC helped Steven Truscott clear his name. In 1959, 14 year old Truscott was wrongfully convicted of murdering 12 year old Lynne Harper. Truscott was sentenced to death by hanging. This was later changed to life imprisonment. Truscott was released on parole after 10 years in prison. In 2000, after more than 20 years of maintaining a low profile, he publicly proclaimed his innocence. With AIDWYC assistance, he renewed the fight to clear his name. The federal justice minister referred the case to the Ontario Court of Appeal. In August 2007, the court acquitted Truscott and pronounced the case a miscarriage of justice in a 5-0 decision. Truscott was awarded $6.5 million.

4 What is a miscarriage of justice? Why did the courts call these wrongful convictions miscarriages of justice rather than declared the accused not guilty or innocent? (2 marks) When asked about his wrongful conviction, Milgaard replied, The question shouldn t be how I feel about this. The question should be how did this happen? Provide three ways in which wrongful convictions might occur (3 marks) How much money should wrongfully convicted people receive in compensation for the time they spent in jail and the fact that they lived with the stigma of a criminal conviction for many years? (1 mark)

5 5. Describe each of the following types of criminal offences. (3 marks) a. Summary Conviction Offence: b. Indictable Offence: c. Hybrid Offence: 6. Describe each of the following eight elements of a criminal offence? (8 marks) a. Intent: b. Willful Blindness:

6 c. Recklessness: d. Criminal Negligence: e. Knowledge: f. Motive: g. Attempt: h. Conspiracy:

7 6. What do the latin phrases actus reus & mens rea refer to? Why are they important from a legal standpoint? (3 marks) 7. Describe each of the following terms. (3 marks) a. Aiding: b. Abetting: c. Accessory after the Fact:

8 8. CASE STUDY #3: R. v. Goodine, 1993 CanLII 5379 (NB C.A.) One summer afternoon in 1992, Todd Johnston went for a ride with his girlfriend and two friends, Jason Boyd and Cory Goodine. After driving on country roads near Arthurette, New Brunswick, Johnston stopped the truck. Without warning, he shot Boyd in the head with a revolver. He then removed Boyd s body from the truck and dragged it a short distance. Still holding the revolver, Johnston ordered Goodine to get off the truck and help he because you are in on this, too. Goodine obeyed Johnston s orders to drag the body into the woods. When the victim moaned, Johnston shot Boyd again in the back of the head. Medical evidence at trial indicated that either shot would have caused Boyd s death. A few days later, Goodine told two of his friends about the murder and led them to Boyd s body. The next day, the friends reported the incident to the police. They arrested Goodine and charged him with being an accessory after the fact to murder. The jury acquitted the accused following a trial. The Crown appealed to the Court of Appeal, but the appeal was dismissed. Goodine was not charged with aiding and abetting. Why do you think that was? Explain your reasoning for each charge. (2 marks)