Case Study of a Crime: Manslaughter
Case Study of a Crime: Manslaughter.
Manslaughter is defined in reference to other forms of homicide, all of which are defined in quite clear, familiar terms. Culpable means that someone is responsible. In the definition of murder (s. 229), there is a key section that differentiates murder from manslaughter: the state of mind of the person who commits homicide. In this assignment you will use an example to consider the question of why society deems some acts a crime. You will connect your discussion to the justification for a criminal law grounded in economic theory. You will select a specific offence from the Canadian Criminal Code, describe the offence and the associated penalties, and provide two examples of prosecution, drawn from the CanLII database.
Instructions:
1. Select an offence from the Criminal Code. Find two examples of prosecutions under the relevant Criminal Code offence in the CanLII database.
2. Prepare a short essay on the crime you selected to study (4-8 pgs is plenty). In your essay:
3. Carefully describe the offence, defining all relevant legal terms.
4. State the statutory penalties.
5. Relate points 3 and 4 to the simple economics of crime we are studying in class. Why is this offence a crime? (And not just addressed as a matter of property, private tort, or contract law. Be clear if one or more of these areas of law are also relevant, but focus on the criminal law). You can mention other “non-economic” explanations, but do not focus on these.
6. Summarize the cases and describe how the elements of each reflect both the law, and the economic theory.
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