Title: Law questions to the Mnister of Justice
bob - March 3, 2004 11:59 PM (GMT)
Let's see how much the Minister of justice knows about law just to pick on him :D
Can you name the four degrees of murder in Canada? (yes there are four)
And the age that a kid has to be before they can be punished at all, before they can even go to juvinile detetion or whatever it's called. :blink:
Micon - March 4, 2004 12:21 AM (GMT)
You are going to have to enlighten me as I don't have much knowledge of criminal law. I know my municipal law stuff though. This may be a question for Bweezy.
As for a child I think the answer is nine but I am not sure. In by-law the age is 12.
Unfortunately I don't know.
Micon - March 4, 2004 12:28 AM (GMT)
Who ever knows feel free to chime in.
Checkers McDog - March 4, 2004 01:06 AM (GMT)
I didn't know there was four degrees....
the three I know:
first degree
second degree
and manslaughter
I guess there's also inculpable, but that doesn't really count...
No clue about the other question...
I should know this stuff though, we did a whole unit on youth justice in my law class
saskatoon saskatchewan - March 4, 2004 01:38 AM (GMT)
isn't there also third degree murder? I would have sworn there was.
Plus, I have a question of my own. If the police tow one's car, do they have to tell anyone. I only ask b/c the registration on my car ran out, they towed it, and did not inform myself or my mother(whom the car is actually registered to). Well what I should say is, do they have a legal obligation to do so?(I'm expecting Bweezy to answer the question as he is a lawyer and all.)
Micon - March 4, 2004 01:53 AM (GMT)
| QUOTE |
| Plus, I have a question of my own. If the police tow one's car, do they have to tell anyone. I only ask b/c the registration on my car ran out, they towed it, and did not inform myself or my mother(whom the car is actually registered to). Well what I should say is, do they have a legal obligation to do so? |
I do not believe the police have to inform the registered owner that the car has been towed. Usually the car is towed to the towing impound and the police don't give a damn. However the towing company only gets its money if the owner comes and claims the vehicle. I am sure bweezy may have something to say.
Micon - March 4, 2004 01:54 AM (GMT)
Isn't the fourth Self Defense?
Checkers McDog - March 4, 2004 02:00 AM (GMT)
| QUOTE (Micon @ Mar 3 2004, 08:54 PM) |
| Isn't the fourth Self Defense? |
I think that counts as manslaughter, but I'm not sure
bweezy - March 4, 2004 02:09 AM (GMT)
1. I don't do Criminal Law, so I'm guessing here.
There is 1st and 2nd degree murder, manslaughter, and criminal negligence causing death.
As for whether the police have a duty to let you know they have your car. That's a good one. They certainly have some duty to let you know at some time. They can't dispose of your car without trying to locate the owner first. And if they try to claim storage charges, common law negligence principles would dictate they have to mitigate their damages by telling you they are in possession of it.
However, if they aren't looking to claim money for storage, and aren't trying to sell it, I'm not sure off the top of my head if they do have a duty to tell you right away. It's bad PR to not tell you, but I don't know if they have a specific duty...
saskatoon saskatchewan - March 4, 2004 06:47 AM (GMT)
| QUOTE (bweezy @ Mar 3 2004, 09:09 PM) |
1. I don't do Criminal Law, so I'm guessing here.
There is 1st and 2nd degree murder, manslaughter, and criminal negligence causing death.
As for whether the police have a duty to let you know they have your car. That's a good one. They certainly have some duty to let you know at some time. They can't dispose of your car without trying to locate the owner first. And if they try to claim storage charges, common law negligence principles would dictate they have to mitigate their damages by telling you they are in possession of it.
However, if they aren't looking to claim money for storage, and aren't trying to sell it, I'm not sure off the top of my head if they do have a duty to tell you right away. It's bad PR to not tell you, but I don't know if they have a specific duty... |
well, that kinda helps, thanx bweezy.
bob - March 4, 2004 03:53 PM (GMT)
The other one is infanticide its only in cases where the child is under since months old and the mother is still suffering from birth trauma, Basically the mom kills the baby not the dad but the woman who gets proved only usually gets two years even though it's usually 2-5 years but I don't think anyone has gotten higher then 3 years. A man tried to get this for his trial but it was done as manslaughter for his trial, basically the kid kept crying and he shook it too hard killing it because it's brain wasn't developed enough....
As far as I know criminal negligence causing death is either under manslaughter or 2nd degree depends on situation.
Just chaned the mistake so if people don't read the entire thing they don't get mislead.......... :ph43r:
bweezy - March 4, 2004 04:24 PM (GMT)
| QUOTE (bob @ Mar 4 2004, 10:53 AM) |
The other one is infidilitity its only in cases where the child is under since months old and the mother is still suffering from birth trauma, Basically the mom kills the baby not the dad but the woman who gets proved only usually gets two years even though it's usually 2-5 years but I don't think anyone has gotten higher then 3 years. A man tried to get this for his trial but it was done as manslaughter for his trial, basically the kid kept crying and he shook it too hard killing it because it's brain wasn't developed enough.... As far as I know criminal negligence causing death is either under manslaughter or 2nd degree depends on situation. |
Infidelity is when a person cheats on his spouse.
Infanticide is what you speak of. I was not aware that this was still a separate criminal offense. I thought it had been subsumed a long time ago by the first and second degree murder and manslaughter headings.
Criminal Negligence Causing Death is most certainly its own crime. It is separate and apart from Murder or Manslaughter. (People who drink and drive and kill people tend to get charged with Crim Neg causing death) As I avoid Criminal Law like the plague, I don't know where it fits on the "death crimes" chart.
bob - March 5, 2004 12:15 AM (GMT)
Yeah infanticide.... :blink:
Yeah the age a child can get any punishment is age is 12.
Criminal Negligence Causing Death is usually part of manslaughter, according to what I've learned is drunk driving involving death goes under manslaughter but Criminal Negligence Causing Death is a kind of result but they originally get charged with manslaughter. Since you can only be charged with 1st degree, 2nd degree, manslughter and infanticide.
America has 3rd degree.
Criminal Negligence Causing Death is what happens or is a result of the action but not an actual charge but is it's own crime.