Topic: Forms of Defence (Established in Case Law)
Objectives:
During this lesson students will explore several forms of criminal defence, including:
| Defence (forms of): the action of the defendant in opposition to complaints against him/her. |
Method of Instruction and Evaluation:
|
Jigsaw Learning Assignment: The class will first divide into four "home" groups, numbered 1 to 4. Then these home groups will split up into four "expert" groups, lettered A to D, wherein they will examine one form of defence established in case law. Once the expert groups feel they fully understand their particular forms of defence, they will return to their home groups to share their particular forms of defence with the rest of the group. By the end of the jigsaw, all students should be experts in at least one form of defence, and gain a competent understanding of the other three forms of defence. |
| A | automatism |
| B | mistake of fact |
| C | mistake of law |
| D | entrapment |
Note: The expert groups can research their forms of defence by consulting their textbooks, the web, and the following PowerPoint: Forms of Defence Established in Case Law
Expectations Addressed:
The "Criminal Law and Procedures" strand of the CLN4U Ministry of Education Curriculum Guidelines outlines all of the following specific expectations. The specific expectations addressed by this lesson have been highlighted below.
Theories of Crime:
analyze the main theories that philosophers, psychologists, sociologists, and criminologists use to explain deviant behaviour;
explain the relationship between criminal law and morality and what is meant by “criminal conduct”;
explain the legal definition of a crime and the concepts of mens rea, actus reus, and strict and absolute liability;
explain the purpose of criminal law;
compare summary, hybrid, and indictable offences as they relate to criminal law.
The Criminal Trial Process:
explain the processes of police investigation, arrest, search, and interrogation of suspects;
explain pre-trial procedures, including plea bargaining and release procedures;
identify key features of the criminal trial process (e.g., burden of proof, admissibility of evidence, roles of the judge and courtroom personnel, selection and role of the jury);
outline legally acceptable defences to criminal conduct, and evaluate some of the more controversial defences (e.g., “battered spouse syndrome” defence; defence of diminished responsibility as a result of drunkenness);
evaluate the different types and purposes of sentences imposed in criminal law.
Concepts of Justice:
explain the concepts and principles of justice as they apply to criminal law (e.g., rule of law, presumption of innocence);
analyse situations in Canadian law in which principles of justice conflict (e.g., victims’ rights versus the rights of the accused);
analyse cases in which the principles of justice have been violated (e.g., the cases of Donald Marshall, David Milgaard, Guy Paul Morin, Roméo Phillion).
Resources:
Relevant web sites: