Today's schedule is B-A-D-C
B Block Law 12 - Today we are in the library to begin work on a Canadian Criminal Defense
project. Find two recent (in the last two years) criminal cases where a
defense discussed in this chapter was used. The defenses are: Alibi, Non-Insane
Automatism, Intoxication, Insane Automatism, Battered Woman Syndrome,
Self-defense, Necessity, Duress, Ignorance of the law, Mistake of fact,
Entrapment, Double jeopardy, and Provocation.
Summarize the cases by
answering the following questions:
1. What are the facts of the
case?
2. What are the criminal charges?
3. What defense was raised, and
what arguments were presented to support the defense?
4. If there was a
decision in the case, identify whether or not the defense was successful. If
there is no decision yet, provide an opinion on whether you think the defense
will be accepted by the courts or not.
5. Provide a personal opinion on the
case
Make sure you include:
Name
of Case: Give the complete case name indicating all parties. Ensure the
appropriate format is used, depending on whether the case is civil or
criminal.
Name of Court: Refer to
the name and particular level of court where the case was heard.
Citation: This is the legal case reference
from the law-reporting series or online case-reporting site. Use this complete
and accurate citation when first referring to the case.
Summary of Key Facts: Summarize the key facts
and events of the case in one to two paragraphs. Make sure all the information
you include is legally relevant. This is point
1 above.
Applicable Laws:
Refer to the legislation that was at issue (for example, section 235 of the
Criminal Code or Section 11d of the Charter of Rights and Freedoms). This is point 2 above.
Issue: Identify the issues to be decided by
the court in a clear and concise manner, and express these issues in question
format. For example - Was the search unreasonable and therefore a violation of
section 8 of the Charter? Did provocation occur, and, if so, should the charge
be reduced from murder to manslaughter? This is
point 1 and point 3 above.
Case
Decision or Judgment: Identify the decision of the court (e.g., the
appeal was allowed, a new trial was ordered, the accused was found guilty of the
crime, etc.). This is point 4
above.
Reason for the Case
Decision or Judgment: State the rationale for the judgment by clearly
summarizing the factors considered by the judge in his or her decision. This is point 4 above.
Places
to find cases - CanLII
is a non-profit organization managed by the Federation of Law Societies of
Canada. CanLII's goal is to make Canadian law accessible for free on the
Internet. Click through the databases on the side (provinces and territories)
and search by year (2012-2011-2010)...anytime you see Supreme/Superior court or
court of Queen's Bench you'll find serious criminal cases (remember look for R.
v. in the case citation). Canoe
is is a leading Canadian internet portal offering news, sports and entertainment
from Sun Media. Crime news stories can be found in the Crime portion of the News
section.
A & C Blocks Social Studies 10 - Today you'll have the class to finish your Confederation timelines that you
began in Monday's class and time to review for tomorrow's unit final. You will need to submit the timelines today - you can pick them up in 611 by the end of the day. On Thursday you have a unit final and on Friday we'll talk about worldview and discuss first contact
between European fur traders and the Aboriginal peoples of the Canadian
prairies.
D Block Criminology 12 - Today we'll start our look at white collar crime. We will begin by learning how to identify a pyramid
/ ponzi scam (for more take a look at How Stuff Works). If there's time, we'll quickly look
at individual exploitation of an institutional position, influence peddling
& bribery, theft and employee fraud, client fraud and corporate crime. I'll introduce to Edwin H. Sutherland's Differential Association
Theory (he introduced the concept "white collar crime")
and we'll see what we can find on the Internet about white collar crime....spoil alert
LOTS!
National Check Fraud Center
Robert O. Keel White Collar Crime
Canadian Encyclopedia White Collar Crime
Federal Bureau of Investigation White Collar Crime
Division
Understanding White Collar Crime
News Stories of White Collar Crime
Lastly we'll start to watch the History Channel DVD "Scammed"...
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