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CRIMINAL LAW AND SUMMARY CONVICTION LAW
Table of Contents
Questions 1a. Paralegals and agents are very limited in the scope of their practice in criminal law. Analyze the classification of the offences in the criminal code (CC) with a view to statement above. 3
b. What is the legal authority, determining the paralegal's scope of practice? 3
c. Discuss the limitations and what you think the policies behind the limitations are. 3
2. How do we name criminal cases and why do we name them this way? 3
3. Fahid was the victim of an attack by Donald. The police have charged Donald with a criminal offence. Fahid also plans to sue Donald into rt law for the damages that he suffered. Discuss the differences between these two potential court cases. 4
4. Examine each of the following sections of the Criminal code. determine what offence the section creates whether it is a general summary conviction offence, an indictable offence, or a hybrid offence. If the offence can be prosecuted by summary conviction, decide whether it is a general or super summary conviction offence. a. s.145(5) b. s. 335 c. s.120 d.s.365 e. s.137 f. s. 163.1(2) g. s. 218 h. s. 264 i. s. 176(2) j. s. 265 4
References 5
Solution
Questions 1a. Paralegals and agents are very limited in the scope of their practice in criminal law. Analyze the classification of the offences in the criminal code (CC) with a view to statement above.
Paralegals are individuals who can collect information from the potent criminals and can study the cases but are prohibited from taking up the cases officially. They are the lawyers without an official degree of Law. There are three classifications of the criminal law codes that are felony, misdemeanor and simple offences. The felony are the serious crimes which results in imprisonment of the criminals and extraction of fines from them, misdemeanor is a less serious form of the crimes wherein the criminals are addresses to imprisonments for shorter periods of time or lower fines and the crimes which are not classified under felony or misdemeanor are declared to be simple offences (Chennells, 2015). The paralegals are not entitled to act as lawyers and present the cases in the court. They can only arrange for the bails in the simple offences; that is their restriction. This expresses the limited scope of the paralegals in the court.
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b. What is the legal authority, determining the paralegal's scope of practice?
The legal authority is the body which determines the legal scopes and ensures the practitioners abides by the laws stated down. The paralegals are the individuals bestowed with the responsibility of maintaining the records of the ongoing cases and advising the clients accordingly, as per the case proceedings (Fox-Decent, 2013). The restriction of the admission of the paralegals in the criminal court for the hearing of criminal cases and the presentation of the cases in the court is guided by the legal authorities of the concerned countries.
c. Discuss the limitations and what you think the policies behind the limitations are.
The Paralegal Rules of Conduct and the Paralegal Professional Conduct Guidelines limits the performance of the paralegals and the activities that they carry out in and outside the court. The limitations include prohibition of presentation of cases in the criminal court and advising the lawyers regarding the cases, without their permission.
2. How do we name criminal cases and why do we name them this way?
The court cases are named using the names of the parties that are involved in the case and the date of occurrence of the event for which the case has been filed. This system of naming the cases ensures that the documents related to the case and the record of the verdict remains unique and easily identifiable.
3. Fahid was the victim of an attack by Donald. The police have charged Donald with a criminal offence. Fahid also plans to sue Donald into rt law for the damages that he suffered. Discuss the differences between these two potential court cases.
Sueing Donald for the damages would be a civil case while Fahid has been charged with a criminal case. There are quite a few differences between the two types of cases, the main differences being that the civil case would result into monetary compensations at the max while the criminal offences would result in imprisonment as well (Miller & Meinzinger, 2013). In the civil cases, the proof of damage will have to be provided by the appellant while in criminal case, the suspected would have to go through all kinds of tests until the final verdict.
4. Examine each of the following sections of the Criminal code. determine what offence the section creates whether it is a general summary conviction offence, an indictable offence, or a hybrid offence. If the offence can be prosecuted by summary conviction, decide whether it is a general or super summary conviction offence. a. s.145(5) b. s. 335 c. s.120 d.s.365 e. s.137 f. s. 163.1(2) g. s. 218 h. s. 264 i. s. 176(2) j. s. 265
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a .s.145(5)- This is an act wherein the individuals are required to appear in front of the court and they, without any proper reason, shirk from the appearance. This is an indictable offence.
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b. s. 335- This is an act, which punishes the offenders who commit crimes similar to thefts, like borrowing the motor vehicles or possessing unmanned vehicles which is not their own, without prior consent from the owner. This section comes under summary conviction (Seibold, 2017).
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c. s.120- This is an indictable offence which is committed on attempts to bribe the government officers on and off duty
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d.s.365- This act states that people who practices or pretends to practice witchcrafts and sorcery or pretends to possess power of foretelling or deducing the reasons for the occurrence and the suspected person behind crimes, are offenders before the court and would be punishable on summary conviction
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e. s.137- The persons who fabricates evidences that are to be used for the proceedings of an important criminal case ongoing in the court or intends to hide facts that would prove to be critical for the verdict given out by the court would be guilty of indictable offence under the Canadian Law code
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f. s. 163.1(2)- This is a criminal and indictable lawsuit in which the persons who are involved with the publish of child pornography in any form or shoots and prints the pornography are guilty of indictable offence. They are liable to be imprisoned for a term of minimum a year and not more than 14 years (Melton et al., 2017).
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g. s. 218- This act states that the persons who abandons child under the age of 10 years, unlawfully or exposes them to environments which might prove to be harmful for their growth and survival or they may be harmed or injured permanently or temporarily, are punishable under law and guilty of indictable offences
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h. s. 264- This act prohibits the harassment of the criminals and the person who have been through tough times and have proved their innocence in front of the court, so much so that the concerned persons do not feel unsafe in their surroundings
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i. s. 176(2)- This act states that any person or a group of person that prohibits a gathering from carrying out their propositions, like a gathering for religious purposes, are subject to summary conviction and liable for punishments
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j. s. 265- This is an act which states that any person who intentionally forces or threatens another person to function against their own will are liable to be punished on grounds of assault, under indictable offences.
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Chennells, C. (2015). Paralegal Manual 2015. Johannesburg: The Education Training Unit.
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Fox-Decent, E. (2013). The Fiduciary Nature of State Legal Authority”(2005). Queen’s LJ, 31, 259.
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Melton, G. B., Petrila, J., Poythress, N. G., Slobogin, C., Otto, R. K., Mossman, D., & Condie, L. O. (2017). Psychological evaluations for the courts: A handbook for mental health professionals and lawyers. Guilford Publications.
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Miller, R. L., & Meinzinger, M. (2013). Paralegal today: The legal team at work. Cengage Learning.
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Seibold, J. H. (2017). The Felony-Murder Rule: In Search of a Viable Doctrine. The Catholic Lawyer, 23(2), 8.
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