NCJ Number
58865
Date Published
1977
Length
368 pages
Annotation
THIS INTRODUCTORY TEXBOOK ON CANADIAN CRIMINAL LAW FOR HIGH SCHOOL AND UNDERGRADUATE LEVEL STUDENTS PROVIDES A CONCISE HISTORY OF THE LAW, EXPLAINS BASIC CONCEPTS AND TERMS, AND IS ILLUSTRATED WITH HYPOTHETICAL CASES.
Abstract
THE OBJECTIVE IS TO PROVIDE A BASIC UNDERSTANDING OF CRIMINAL LAW. SUBJECT MATTER COVERED INCLUDES THE LEGAL SYSTEM, LAW AND PHILOSOPHY, THE SOCIOLOGICAL VIEW OF CRIME, PUNISHMENT AND PENOLOGY, AND THE RELEVANCE OF EVIDENCE. THE SECTION ON CRIMINAL LAW HISTORY DEALS WITH SUCH TOPICS AS THE RELATIVITY OF CRIME, THE INFLUENCE OF RELIGION ON LAW, CLEMENCY, THE CONTINUING RELATIONSHIP OF TORT AND CRIME, AND THE EXPANSION OF CRIME. A WIDE RANGE OF FACT SITUATIONS ILLUSTRATING PROBLEMS OF CRIMINAL LAW THEORY ARE PRESENTED IN AN ILLUSTRATIONS SECTION. LAW AND MORALS ISSUES, (I.E., OBSCENITY, THE HART-DEVLIN DEBATE, ABORTION, AND HOMOSEXUALITY) ARE EXAMINED AS ARE THE PRINCIPLE OF LEGALITY, MENS REA, ABSOLUTE LIABILITY, AND NECESSITY. THE CHAPTER ON INSANITY AND CRIMINAL RESPONSIBILITY HIGHLIGHTS THE M'NAUGHTEN TEST, THE DURHAM RULE, AND THE FREEMAN CASE, WHILE A SEPARATE SECTION DEALS WITH DRUGS AND THE LAW, AND DISCUSSES INTOXICATION AS A DEFENSE. FINALLY, CRIMINAL EVIDENCE AND PROCEDURE, SPECIFICALLY THE TRIAL PROCESS, THE POWER TO SEARCH, THE JURY SYSTEM, THE ADVERSARIAL FORM OF TRIAL, AND ENTRAPMENT, ARE DISCUSSED. BIBLIOGRAPHICAL NOTES, AN INDEX OF CASES, A SUBJECT INDEX, AND AN APPENDIX OF SELECTED CODE SECTIONS ARE PROVIDED. (LWM)