Canadian Criminal Law Custom Essay

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– This assignment is short papers of no more than 4 typed, double-spaced pages (ca. 1000 words).
– The paper should represent your own original, academic response to the readings, discussions, and lectures in the two sections of the course (Roughly each section 2 pages).
– It should NOT be a mere summary of the readings, but instead your own critical insight into and independent analysis of the ideas of the authors studied and the material presented in class.
– The paper can treat the entire set of readings and discussions as a whole, some continuing theme you have identified in them, or any particular issue in the material covered which interests you.
1- Detaining People for Being a Risk Rather than for Being Criminals.

The foundational idea of a liberal society is that the state may not deprive its citizens of their liberties without first proving that they are guilty of a crime. But how can detaining innocent people against their will for being a risk to themselves or others be reconciled with the demands of liberty? How is the state’s assessment of these risks to be kept honest?

In one PDF file
Kant, The Metaphysics of Morals, General Remarks, section E (I)
R. v. Lyons, [1987] 2 S.C.R. 309

In one PDF file
Charkaoui v. Canada, [2007] 1 S.C.R. 350
Canadian Criminal Code, s. 515
United States v. Salerno, 481 U.S. 739 (1987)
2- Criminal Responsibility for Interacting with Unusual Risks of Harm

It you commit a criminal assault against someone, how far should you be held responsible for the risk that your assault may have unusual or unexpected consequences? If your victim or those helping your victim oppose or react to the attack in surprising ways that result in further injury, who is to blame for that additional harm?

In one PDF file
Glanville Williams, Textbook of Criminal Law
R. v. Mackie (1973), 57 Cr App R 452

In one PDF file
R. v. Blaue, [1975] 61 Cr App R 271
R. v. Pagett, [1983] Crim L R 383
R. v. Cribben (1994), 17 OR (3d) 548 In one PDF file

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