Tuesday, March 28, 2017

Wednesday, March 29. 2017

Today's schedule is B-A-D-C

B Block Law 12 - Today in order to prepare for tomorrow's Law & Order episode I'd like you to finish with question 7 from page 179:

The plea negotiation has become the primary means of dispensing justice in Canada. It is effective, both for accused criminals looking to minimize their punishment and for prosecutors coping with the torrent of cases sloshing through the courts. Is it morally correct to trade the legal rights guaranteed by the Charter for convenience and cost savings?
This question deals with Plea Bargains in Criminal Law. From the Department of Justice here in Canada: Broadly speaking, the promises that may be made by Crown counsel fall into three, overlapping categories: (1) promises relating to the nature of the charges to be laid (charge bargaining); (2) promises relating to the ultimate sentence that may be meted out by the court (sentence bargaining); and (3) promises relating to the facts that the Crown may bring to the attention of the trial judge (fact bargaining).

  1. Charge Bargaining
    1. Reduction of the charge to a lesser included offence;
    2. Withdrawal or stay of other charges or the promise not to proceed with other possible charges; or
    3. Promise not to charge friends or family of the defendant; or
    4. Promise to withdraw a charge in return for the defendant's undertaking to enter into a peace bond.
  2. Sentence Bargaining
    1. Promise to proceed summarily rather than by way of indictment;
    2. Promise to make a specific sentence recommendation;
    3. Promise not to oppose defence counsel's sentence recommendation;
    4. Promise to submit a joint sentencing submission;
    5. Promise not to appeal against sentence imposed at trial;
    6. Promise not to apply for a more severe penalty (for example, by not giving notice to seek a higher range of sentence based on the accused's previous conviction – s. 727 of the Criminal Code);
    7. Promise not to apply to the trial court for a finding that the accused is a dangerous offender (s. 753 of the Criminal Code) or a long–term offender (s. 753.1 of the Criminal Code);
    8. Promise to make a representation as to the place of imprisonment, type of treatment, etc.; or
    9. Promise to arrange the sentence hearing before a particular judge.
  3. Fact bargaining
    1. promise not to "volunteer" information detrimental to the accused during the sentencing hearing;
    2. promise not to mention a circumstance of the offence that may be interpreted by the judge as an aggravating factor (see, for example, the aggravating factors listed in s. 718.2(a) of the Criminal Code).

Today we'll start with a section of the CBC Fifth Estate documentary "The Unrepentant". We'll watch the real interview of Karla Homolka. Her husband, Paul Bernardo was sentenced to life imprisonment for his part in the murder of Tammy Homolka (Karla's sister) and the kidnappings/murders of French and Mahaffey, while Karla Homolka accepted a ten-year plea bargain for her roles that was later upgraded to a twelve-year plea bargain. Homolka was released on July 4, 2005, and has opted to live under the name Karla Teale (Bernardo and Homolka had originally planned to change their surname to Teale, in honor of fictional killer Martin Thiel). For more news on Karla Homolka (now called Leanne Bordelais) check out the article at the Globe and Mail here...or CBC news here.

A Block Introduction to Law 9/10 - We will continue our look at crime scene investigation and we'll look at ballistics, fibres and the collection and processing of DNA evidence. I will have an ultraviolet light to illuminate the foreign fibres that may be lurking about on your clothes and we'll have a brief look at Rice University's CSI: The Experience Web Adventure . Tomorrow I have secured a block in the library for you to either finish your project or to work through the Rookie Training simulation on the Rice University's CSI: The Experience Web Adventure . Please do the training for Forensic Biology (DNA), Toxicology, Firearms and Toolmarks (Ballistics), Medical Examiner (Pathologist) and CSI Ethics.

D Block Criminology 12 - Today we'll continue our look at property crimes focusing today on the differences between occasional and professional shoplifters. You'll need to answer the following:

What are the differences between a professional and an occasional thief?
What is a "situational inducement"?
What is a "Booster", a "Heel", and a "Fence"?

After, you'll need to work the following:

You work for the Retail Council of Canada and have been hired to create a poster campaign about shoplifting. The poster campaign has two purposes:

  1. To help employees identify people who are shoplifting and
  2. To explain how to reduce shoplifting in stores (target hardening and target removal strategies)

Look at figure 11.2 on page 257 in the Criminology text for help. Here are some further ideas and points.....

Spot the Shoplifter: Unfortunately, there is no typical profile of a shoplifter. Thieves come in all ages, races and from various backgrounds. However, there are some signs that should signal a red flag for retailers. While the following characteristics don't necessarily mean guilt, retailers should keep a close eye on shoppers who exhibit the following:

  1. Spends more time watching the cashier or sales clerk than actually shopping.
  2. Wears bulky, heavy clothing during warm weather or coats when unnecessary.
  3. Walks with short or unnatural steps, which may indicate that they are concealing lifted items.
  4. Takes several items into dressing room and only leaves with one item.
  5. Seems nervous and possibly picks up random items with no interest.
  6. Frequently enters store and never makes a purchase.
  7. Enters dressing room or rest rooms with merchandise and exits with none.
  8. Large group entering the store at one time, especially juveniles. A member of the group causes a disturbance to distract sales staff.
This will take the whole class to complete and will be handed in on Thursday for marks. For more check out:
Preventing Retail Theft (you can't make a profit it your merchandise is free)
Using Customer Service to deter theft
Simple steps to deter retail theft
Preventing Retail Theft pdf

C Block Social Studies 11 - Today you'll look at the ultimatums and mobilizations that brought the wider European continent into conflict by September 1914. I'll have you look at the Canada's response...Governor General, Field-Marshal H. R. H. the Duke of Connaught, cabled the Secretary of State for the Colonies his Government's firm assurance that

if unhappily war should ensue the Canadian people will be united in a common resolve to put forth every effort and to make every sacrifice necessary to ensure the integrity and maintain the honour of our Empire.
A great wave of loyal demonstrations surged across Canada. The enthusiasm of crowds in the Montreal streets singing "La Marseillaise" and "Rule Britannia" was matched by the stirring spectacle of the impromptu parades, waving of flags, processions of decorated automobiles, and impassioned speeches with which every western city from Winnipeg to Victoria received the news of war. In 1914 the Canadian military numbered...wait for it...3110 permanent active militia (in all ranks) and 684 horses (think Calvary) with 74,213 non permanent active militia (reserves). The government set a quota of 25,000 active militia to be trained at Camp Valcartier and to head overseas by 1915 (the first infantry battalion was the Princess Patricia's Canadian Light Infantry which entered the allied line as part of the 80th Brigade, 27th Division). This was the creation of the Canadian Expeditionary Force (good history on the CEF here).

You'll need to work on questions 1 & 2 from page 24 as well as question 2 from page 47 along with questions 2, 3, and 4 from page 28 of the Counterpoints textbook. Lastly, if there's time, we'll talk about the technology of warfare in 1914 - 1915 and how the mechanization of war enabled a horrific toll to be exacted upon soldiers and the landscape.

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