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? |