Topic: Forms of Defence
Objectives:
During this lesson, students will familiarize themselves with some of the basic statutory guidelines associated with defence of criminal charges, such as:
Method of Instruction and Evaluation:
|
In groups, students will research the following forms of defence and non-defence in order to produce dramatic reenactments of true Canadian cases which illustrate both the following forms of defence as well as the following forms of non-defence. (i.e. These strategies are not accepted as forms of defence in Canadian courts). |
*Note: The reenactments must, in some way or another, highlight the key issues involved in these defences and non-defences.
| A | Child under twelve, S. 13 Obedience to de facto law, S. 15 | Consent to death, S. 14 |
| B | Defence of mental disorder, S. 16 | Compulsion of spouse, S. 18 |
| C | Compulsion by threats, S. 17 | Ignorance of the law, S. 19 |
| D | Self-defence, S. 34 | Self-Induced Intoxication, S. 33 |
Once the groups have produced these reenactments, they will present them to the class.
*Note: Defences and non-defences would serve as a excellent material for a flex quiz!
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:
analyse 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: