Introduction to Criminal Law and Procedure

 

Reading guides

 

 

Topic

Questions

Theories of Criminal Law and criminal responsibility

 

Why are some conducts criminalized?

What are the main theories of criminalization of conducts in the common law and civil law legal traditions?

What has been the approach of Anglo-American legal scholars to Criminal Law theory?

What is the harm principle? What are its deficiencies?

What is the contribution of German legal scholars to Criminal Law theory?

What is a legal good? What are some examples of legal goods?

 

What is the difference between Citizen Criminal Law and Enemy Criminal Law?

 

The theory of offence

Actus Reus

 

What is the theory of offence?

What is actus reus the common law legal tradition?

What are its elements?

What are the types of social harm?

What is the difference between definitional and underlying social harm?

Mens rea

 

What is mens rea the common law legal tradition?

What are the main types of mens rea?

What are some of the problems in Canada with the regulation of mens rea?

Criminal defenses

 

What are the main defences in the common law legal tradition?

What are the main elements?

What are the drawbacks of these defences?

Criminal participation

What are the main parties to an offence?

What is an accessory after the fact?

What is conspiracy?

 

Corporate responsibility

What is the identification doctrine for corporate criminal responsibility?

What are the three requirements elaborated by the Supreme Court?

Attempted crimes

What is an attempted crime?

Culpable and non-culpable homicides

 

What is a non-culpable homicide? What are some examples?

What is murder? What are the different types of murder?

What is the mens rea requirement for each type?

What is manslaughter? What are the different types of manslaughter? What is the mens rea requirement for each type?

What is infanticide?

Drunk driving

What is the actus reus of impaired driving?

What is the mens rea of impaired driving?

Criminal Procedure

What are the main features of Canadian criminal procedure?

How does it differ from criminal procedure in the civil law legal tradition?

What are the main social consequences of the main Criminal process institutions in Canada?