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POL-Feb4 - Illegal immigrant-Are they criminals Professor...

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Illegal immigrant -Are they criminals? Professor.. ? would say violating a normative law, but not a serious offence. Philosophical problems with Davio -Justice Sapinka is a legal realist, as he thinks that a judge would convict him juts because the judge wants the case to come out in such a way that he had predetermined the outcome. He let him go, but he lacked the mens rea, and possibly even the voluntary act. -This allows you to use drunkenness as a general defence, as long as if you are drunk enough that you become an automaton. Criminal code now says that you can not rely on self-induced intoxication as an offence. Supreme Court says you can use it for any defence. -Specific intent offences are acceptable offences to use drunkenness as a defence for. Read appendix at the back about this. R. vs. Perka -Drug smugglers filled boat with 33.46 tonnes of marijuana. Parked boat in national waters on the Canadian coast. Brought cargo and boat ashore to save their lives. -Argued defence of necessity that they had to either come ashore or drown. Claimed they had no intention of smuggling drugs into Canada. -Sometimes wrong things are done, and they can be excused, but not justified. -In order to comply with the law, you don’t have a moral choice that would allow you to comply. (Not smuggling drugs and dying.) Compliance with the law would pose an intolerable burden on them (drowning).
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