CriminalLaw2010.2011 Syllabus

CriminalLaw2010.2011 Syllabus - University of Windsor...

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1 University of Windsor Faculty of Law CRIMINAL LAW AND PROCEDURE 2010/2011 Professor David M. Tanovich 1. COURSE DESCRIPTION This is a course about substantive criminal law in Canada. Although it is entitled Criminal Law and Procedure, we will not be examining any aspects of procedure or sentencing. 2. LEARNING OUTCOMES The successful student will be able to: First Term 1. Identify the sources of criminal law 2. Read a criminal statute 3. Successfully marshal Charter arguments to challenge Parliament’s decision to criminalize conduct 4. Identify the defining characteristics of a criminal law 5. Identify some of the systemic failings of the criminal justice system 6. Identify some of the relevant ethical principles that govern the conduct of criminal lawyers 7. Identify and critically assess the elements of the physical act ( actus reus ) requirement for offences Second Term 1. Identify and critically assess the relevant fault requirements for regulatory offences and true crimes 2. Understand the elements of homicide offences – manslaughter and murder as well as partial defences to murder such as provocation and intoxication 3. Critically assess the mistake of fact and law defences 4. Identify the extent to which incapacity (i.e. mental disorder, automatism and intoxication) is (or should be) relevant to criminal liability
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-2- 5. Identify the elements of excuses and justifications such as necessity, duress and provocation 6. Critically assess the extent to which the system has responded to gender bias In order to accomplish these goals, it is imperative that you read the assigned material and think about it before coming to class. You should come to class prepared to answer questions. In the Fall term, I have assigned approximately 15-20 pages of reading for each class. In the Winter term, I have assigned approximately 20-25 pages for each class. Many of the issues that we will explore in this class are personal, painful, and complex. Given that all of you will come to this class with different lived and learned experiences, not everyone will be on the same page. Therefore, it is critical to ensure that everyone be given an opportunity to express their understanding or perspective without fear of ridicule or unfounded criticism. No one should feel uncomfortable in contributing to the dialogue. That said, statements or opinions must be based on a reasoned analysis of the issue with reference to the relevant social context or the materials assigned for class. 3. CLASSES Fall Term Mon/Wed 1:30-2:30 p.m. 2102 Winter Term Mon/Wed 1:30-3:00 p.m. 2102 4. TEXTS Required (All Texts on Reserve) Stuart, Delisle & Coughlan, Learning Canadian Criminal Law 11 th ed. (2009) (available at bookstore) [all references will be to this book] Rodrigues, 2111 Pocket Criminal Code (available at bookstore) There will be some additional cases that will be assigned. These will be posted on CLEW
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-3- 5. EVALUATION (i) Method There are three different methods of evaluation that will be used during this course:
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This note was uploaded on 10/07/2011 for the course LAW Criminal L taught by Professor Tanovich during the Fall '10 term at Windsor.

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CriminalLaw2010.2011 Syllabus - University of Windsor...

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