Unit 3: Criminal Law - Independent Study Unit
The Criminal Code of Canada
Find the Criminal Code of Canada linked here. You can access it throughout the unit and term when you need it.
Details
Throughout this portion of the course you will independently engage with the Criminal Justice System. You will complete 2 Evaluations on your own.
1. A Criminal Law Presentation
2. Journal of Learning
As this is the independent learning portion of the course, all work will be completed outside of class time. Do not fall behind.
You are still building on your concept of Justice and focusing on how different groups of people experience the law.
1. A Criminal Law Presentation
2. Journal of Learning
As this is the independent learning portion of the course, all work will be completed outside of class time. Do not fall behind.
You are still building on your concept of Justice and focusing on how different groups of people experience the law.
Evaluation 1: Journal of Learning - 10%
Learning Journal Rubric | |
File Size: | 14 kb |
File Type: | docx |
Due: December 22nd
Throughout the unit you will take part in a variety of activities or modules. You are to record your learning by completing a Journal of Learning. Your journal can take many shapes and forms:
Holistic Option
A) 10 Minute Journal Video of Learning: Here you would compile the most important things you learned in this unit and record a 10 minute screencast Powerpoint of you explaining your learning. The video should have your PowerPoint of things you have learned as well as additional visuals, videos and clips. You also will need to have some of your own examples of what you have learned such as: cases you found, research you did or any other important things you learned on your own outside of the material posted here.
Detailed Option
B) A Physical Journal: Using either Google Docs or a notebook of your own, record all your learning from this unit. You need the dates you completed the various tasks from the unit, detailed answers to all questions you answered, and a reflective aspect where you discuss your learning. You do not need to reflect in every entry, but in some. You will need to compile your learning and submit it banded by December 19th.
Assignment Success Criteria
1. You have details of your learning in all aspects / modules of the unit.
2. Your learning is clearly communicated.
3. You have some aspect of reflection on your learning.
4. Your learning is clearly organized.
5. You have an aspect of independent learning about Criminal Law.
Holistic Option
A) 10 Minute Journal Video of Learning: Here you would compile the most important things you learned in this unit and record a 10 minute screencast Powerpoint of you explaining your learning. The video should have your PowerPoint of things you have learned as well as additional visuals, videos and clips. You also will need to have some of your own examples of what you have learned such as: cases you found, research you did or any other important things you learned on your own outside of the material posted here.
Detailed Option
B) A Physical Journal: Using either Google Docs or a notebook of your own, record all your learning from this unit. You need the dates you completed the various tasks from the unit, detailed answers to all questions you answered, and a reflective aspect where you discuss your learning. You do not need to reflect in every entry, but in some. You will need to compile your learning and submit it banded by December 19th.
Assignment Success Criteria
1. You have details of your learning in all aspects / modules of the unit.
2. Your learning is clearly communicated.
3. You have some aspect of reflection on your learning.
4. Your learning is clearly organized.
5. You have an aspect of independent learning about Criminal Law.
Module 1: University Lecture and Criminal Law Introduction (2 hours)
Learning Goals
By the end of this module you should...
1. Understand the structure of the Canadian Criminal Justice System.
2. Reflect on shortcomings of the Canadian Criminal Justice System.
1. Understand the structure of the Canadian Criminal Justice System.
2. Reflect on shortcomings of the Canadian Criminal Justice System.
Watch the lecture from the University of Calgary Faculty of Law that introduces important aspects of the Criminal Justice System in Canada.
Watch beginning at 7:00 - 39:00 Answer the following questions. 1. What are substantive law, procedural law and evidence? 2. What is a superior court? 3. Explain the differences between the Calgary indigenous courtroom and the courtroom in Edmonton. 4. How does the media inaccurately portray forensic science/DNA? What are examples she gives? |
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Module 2: Criminal Law in Canada - Procedures (2 hrs)
Learning Goals
By the end of this module you should...
1. Understand courtroom structure.
2. Understand trial procedure.
3. Communicate different types of evidence used in criminal court proceedings.
1. Understand courtroom structure.
2. Understand trial procedure.
3. Communicate different types of evidence used in criminal court proceedings.
Note the structure of the Superior Court of Ontario. Research each role in the court and note down a definition of each. (The Canadian Trial Process video will help if you watch it now)
Criminal Law ProceduresVisit the link here from the Province of Manitoba. Learn about and summarize in your own words the Step - by - Step Criminal Trial Process. Think back to The Charter. Which sections of The Charter apply specifically to the trial process? Choose 3 and explain why they apply.
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Watch the video below on the Criminal Trial Procedures in Canada.
1. What does 'beyond a reasonable doubt' mean? 2. Who has the burden of proof? 3. What is an exclusion order? 4. What are the types of evidence? Give an example of each. 5. What are legal submissions? Watch the following video. What is actus reus and mens rea? How do they influence how criminal cases are tried in Canada?
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Module 3: Evidence
Learning Goals
By the end of this module you should...
1. Understand aspects of the criminal code.
2. Reflect critically on issues in evidence.
1. Understand aspects of the criminal code.
2. Reflect critically on issues in evidence.
The Charter - Section 24(2) – Exclusion of evidence (2.5 hrs)
Provision24. (2) Where, in proceedings under section (1), a court concludes that evidence was obtained in a manner that infringed or denied any rights or freedoms guaranteed by this Charter, the evidence shall be excluded if it is established that, having regard to all circumstances, the admission of it in the proceedings would bring the administration of justice into disrepute.
Read the following article linked here from the Canadian Encyclopedia on the Law of Evidence. Answer the following questions:
1. Can the accused be forced to testify?
2. How must the Crown prove their case?
3. Is hearsay evidence? Is it admissible?
4. What I privileged communication? Is privilege absolute or are there exceptions?
1. Can the accused be forced to testify?
2. How must the Crown prove their case?
3. Is hearsay evidence? Is it admissible?
4. What I privileged communication? Is privilege absolute or are there exceptions?
Watch the following two videos that first explain DNA Evidence and then discusses some issues in forensic science.
DNA Evidence |
Issues in Forensics |
1. What is DNA figure printing?
2. How has DNA evidence changed the criminal justice system? |
1. What does the to a reasonable degree of scientific certainty mean?
2. How has precedent influenced how forensic science is used in court? 3. What is the problem with figure-printing? 4. What are some issues with DNA evidence? 5. How can science be prejudiced? |
Module 4: Making Arrests (3.5 hrs)
Learning Goals
By the end of this module you should...
1. Know the 3 categories of offences.
2. Reflect on issues in policing, specifically systemic racism.
3. Evaluate how the justice system affects diverse groups of people including individuals, communities and society.
1. Know the 3 categories of offences.
2. Reflect on issues in policing, specifically systemic racism.
3. Evaluate how the justice system affects diverse groups of people including individuals, communities and society.
Watch the video and summarize the 3 types of offences in the Canadian Criminal Code. Provide an example of each. Extension: What are sections 9 & 10 of The Charter. How do they apply to arrests? |
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Issues in Policing: Racial Profiling - 2.5%
Issues in Policing Case Study Assignment | |
File Size: | 17 kb |
File Type: | docx |
"Many scholars, for example, argue that current rates of Black offending stem from the negative consequences of centuries of colonialism, slavery and racial oppression. This historical oppression produced both intergenerational trauma and contemporary economic and social disadvantage. The impact of intergenerational trauma and contemporary social disadvantage, in turn, results in higher rates of Black offending (Unnever et al. 2019; Wortley and Owusu-Bempah 2016)." Ontario Human Rights Commission (2020)
"In contrast to the Higher Rate of Offending Thesis, the Bias Thesis states that Black people are over-represented in police statistics because they are subject to biased or discriminatory treatment by the police and the broader criminal justice system. For example, some argue that due to racial profiling and the aggressive deployment of police within Black communities, Black people are subject to much higher levels of police surveillance than others. Higher police surveillance, it is maintained, renders Black offenders more vulnerable to detection and arrest than White offenders who engage in exactly the same activities. Racial bias may also extend to officer discretion. Critics argue that when faced with evidence of illegal activity, the police are much more likely to arrest Black civilians than White civilians – particularly for minor offences." Ontario Human Rights Commission (2020)
Read the article linked here form CBC then watch the two videos below.
"In contrast to the Higher Rate of Offending Thesis, the Bias Thesis states that Black people are over-represented in police statistics because they are subject to biased or discriminatory treatment by the police and the broader criminal justice system. For example, some argue that due to racial profiling and the aggressive deployment of police within Black communities, Black people are subject to much higher levels of police surveillance than others. Higher police surveillance, it is maintained, renders Black offenders more vulnerable to detection and arrest than White offenders who engage in exactly the same activities. Racial bias may also extend to officer discretion. Critics argue that when faced with evidence of illegal activity, the police are much more likely to arrest Black civilians than White civilians – particularly for minor offences." Ontario Human Rights Commission (2020)
Read the article linked here form CBC then watch the two videos below.
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Due: November 17th
Read the case study R. v. Brown and complete the following questions:
1. Do you think there were reasonable grounds to justify the initial stop of Mr. Brown? Why or why not?
2. What does "racial profiling" mean to you?
3. What is the difference between racial profiling and pursuing a suspect of a particular race?
4. How does racial profiling by police affect the individual? The local community? Wider society?
5. What should be done to address racial profiling by police?
1. Do you think there were reasonable grounds to justify the initial stop of Mr. Brown? Why or why not?
2. What does "racial profiling" mean to you?
3. What is the difference between racial profiling and pursuing a suspect of a particular race?
4. How does racial profiling by police affect the individual? The local community? Wider society?
5. What should be done to address racial profiling by police?
R. v. Brown | |
File Size: | 3235 kb |
File Type: |
Module 5: Defences (3.5 hrs)
Learning Goals
By the end of this module you should...
1. Demonstrate an understanding of different types of criminal defences.
2. Apply Presentation Success Criteria.
3. Conduct research that meets Research Success Criteria.
1. Demonstrate an understanding of different types of criminal defences.
2. Apply Presentation Success Criteria.
3. Conduct research that meets Research Success Criteria.
Criminal Defences Presentations - 5%
Due: December 12th
Criminal Defence Presentations | |
File Size: | 14 kb |
File Type: | docx |
For this Module you will produce a 5 - 7 minute presentation of one of the types of defences.
Presentation Success Criteria: 1. Explain the defence in detail. 2. Give examples of its use. 3. Explain 1 famous Canadian case involving this defence. 4. Include visuals and a STAR Moment 5. How this defence informs your understanding of the concept of justice. 6. Explain an ethical or moral issue surrounding this defence. 7. Find 3 - 4 secondary sources for your information. |
Types of defences you may choose:
1. Mistake of Fact 2. Intoxication 3. Self - defence 4. Compulsion (duress) 5. Automatism 6. Mental Disorder |
Module 6: Sentencing (1.5hrs)
Learning Goals
By the end of this module you should...
1. Understand the principles of sentencing.
2. Reflect on issues in current sentencing practices in Canada.
3. Evaluate current sentencing practices in Canada.
1. Understand the principles of sentencing.
2. Reflect on issues in current sentencing practices in Canada.
3. Evaluate current sentencing practices in Canada.
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Read section E. Problematic Aspects with the Current Statement of Purposes and Principles (above), pages 12 to 22 and choose 2 aspects that you find problematic in sentencing in Canada. Agree or disagree with the recommendation made and state why you agree or why you disagree with it. 1 - 2 paragraphs.
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Module 7: Youth Criminal Justice Act (2 hrs)
Learning Goals
By the end of this module you should...
1. Understand the purposes of the Youth Criminal Justice System.
2. Evaluate sentencing in the Youth Criminal Justice System.
3. Reflect on recent events and cases in the Youth Criminal Justice System.
1. Understand the purposes of the Youth Criminal Justice System.
2. Evaluate sentencing in the Youth Criminal Justice System.
3. Reflect on recent events and cases in the Youth Criminal Justice System.
Youth Criminal Justice System - Karanveer Sahota Reflection - 2.5%
Due: December 19th
Begin by watching the video below about the Youth Criminal Justice Act, sentencing and the principals of the youth justice system in Canada.
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Then, read the following article linked here and watch the 3 videos below on a recent case and the charges that were laid against the teens who allegedly committed the crime. Next look at the sentencing options for the accused if they are convicted linked here and here. What are extra-judicial measures? What sentence do you think the teens will get if convicted? Why do you think this? You must use evidence you find on your own from previous sentencing precedents. Do you agree with this sentence? Why or why not? What are the principals of the Canadian Judicial System when it comes to young offenders? Do you agree with them.
Answer these questions in 1 page single spaced reflection (paragraph form not in question and answer form). Review the rubric for evaluation. |
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Module 8: Journal and Unit Reflection Completion and Polishing (3 hrs)
Learning Goals
By the end of this module you should...
1. Submit a journal that meets the Assignment Success Criteria.
2. Develop your understanding of the Criminal Code of Canada.
3. Reflect on your learning from the unit.
4. Clearly communicate your learning from the unit.
1. Submit a journal that meets the Assignment Success Criteria.
2. Develop your understanding of the Criminal Code of Canada.
3. Reflect on your learning from the unit.
4. Clearly communicate your learning from the unit.
As the unit comes to a close use this module to polish your journal. Review the Success Criteria below and the rubric on the assignment at the beginning of the unit.
If you chose the detailed option, compile all your work into 1 pdf document, print it, put your name on it, bind it and submit it. Make sure it is organized and labeled correctly (to go over and above you could include a title page and table of contents).
If you chose the Holistic option, you will need to compile your learning into a PowerPoint presentation and record a screencast of you delivering the PowerPoint. After you have done this, you need to share it with me on Edsby. (to go over and above you could include additional videos or research that you found on your own)
If you chose the detailed option, compile all your work into 1 pdf document, print it, put your name on it, bind it and submit it. Make sure it is organized and labeled correctly (to go over and above you could include a title page and table of contents).
If you chose the Holistic option, you will need to compile your learning into a PowerPoint presentation and record a screencast of you delivering the PowerPoint. After you have done this, you need to share it with me on Edsby. (to go over and above you could include additional videos or research that you found on your own)