Criminal Law and Procedure (Dr. Khoday)

Course number: LAW 1140

Overview

This full-year course is intended to introduce students to the basic procedural and doctrinal concepts and frameworks of Canadian criminal law. The course begins with an overview of several basic concepts, including: the sources of criminal law, principles of statutory interpretation, the limits of Canadian criminal jurisdiction and the presumption of innocence. During the first part of the course, we shall also identify the roles and duties of the key players in the criminal justice system. The course will next analyze how the Canadian Charter of Rights and Freedoms and the common law governs the admission of evidence procured by law enforcement officials. Particular attention will be given to the procurement of confessions. The course will then shift attention to substantive areas of criminal law including the principles of actus reus (the wrongful act) and mens rea (the guilty state of mind) and their role in defining the essential elements of criminal offences. A number of specific criminal offences are examined in connection with these components. These include homicide and sexual assault-related offences. After this, the course provides an overview of several common defences to criminal charges and the various elements that constitute them.  The final part of the course provides an overview of the processes and principles of sentencing.

Teaching Method

Lectures focused on the assigned readings combined with class discussion and active problem-based learning.

Mode of Assessment

1. One take-home mid-term assignment (December 2017) worth 30% of the final grade.

2. One take-home final assignment (April 2018) worth 60% of the final grade.

3. Participation in class as well as written contributions to the UM Learn online discussion board on assorted topics. Both in-class and online participation are cumulatively worth 10% of the overall grade.

Course Material

Readings from Kent Roach et al, eds, Criminal Law and Procedure: Cases and Materials, 11th ed (Toronto: Emond Montgomery, 2015) (the textbook), as well as select readings from the Text Supplement which is available online and can be downloaded. Further assigned readings will be made available online through the UM Learn website or other web-based information providers like CanLII (www.canlii.org).

INSTRUCTOR: Amar Khoday

LAST UPDATED July 25, 2017

Comments are closed