Criminal Law: Case Study Answers, Miscarriage of Justice, Wrongful Confessions, Compensation, Journal, Tutorial 4 Answers

This study material on Criminal Law covers various topics including case study answers, miscarriage of justice, wrongful confessions, compensation, journal, and tutorial 4 answers. It provides a comprehensive understanding of criminal law, types of offences, and the Canadian Criminal Justice system. The material also discusses the principles influencing the federal government's decisions on criminalization, decriminalization, and legalization, as well as the rights and limits outlined in the Charter of Rights and Freedoms. Additionally, it explores the concept of actus reus, aiding and abetting, trial procedures for different offences, and more.

Running head: CRIMINAL LAW
CRIMINAL LAW
Name of the Student:
Name of the University:
Author Note:

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CRIMINAL LAW
CASE STUDY ANSWERS
ANSWER 1:
In the case of David Milgaard, David was accused o rape and murder of Gail Miller. He
served in jail for 22 years before he was totally exonerated through the DNA testing. Such
forensic test held him innocent and convicted the rapist Larry Fisher. He was proved innocent by
testing of the semen samples on the victim’s clothing that proved that they did not originate from
Milgaard. The lab used a method called short tandem repeats which showed that semen was not
of David. Since there was conclusive proof for David, he was held innocent.
In the case of Steven Truscott, the use of forensic science helped him to declare and
prove his innocence. In 1959, he was wrongfully convicted for the murder of 12 years old
Harper. The former was sentenced to death which latter changed to life imprisonment. He was
later released on parole after 10 years in prison. Almost 50 years after the burial, the victim’s
body was exhumed. But no useable DNA was found on he remains. However the Ontario Court
of Appeal acquitted him.
In both these cases, the evolution of forensic science had helped to prove the innocence
of the accused persons.
ANSWER 2:
Miscarriage of justice is often known as the failure of justice where an innocent person is
proved to be guilty. It is sometimes used to depict any wrongful conviction as it is the failure of
justice. An innocent person when erroneously convicted of a crime which he did not commit
results into the miscarriage of justice. When it occurs, it is not usually due to just one mistake,

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but rather a combination of mistakes. Hence, like the problems and errors are multi layered,
similarly the solutions are too multi faceted. The duty to prevent miscarriage of justice lies on all
the participants of the criminal justice system.
The differences between innocent, not guilty and miscarriage of justice are discussed
below. The term innocent is used against a person who has cleared all the speculation that he has
committed a crime. Innocence cannot be proved at a trial in the court. On the other hand, ‘not
guilty’ does not necessarily mean a person is innocent. In a criminal case, the prosecution has to
prove that a defendant has committed a crime beyond reasonable doubt. When the crime cannot
be proved beyond reasonable doubt, the accused is termed as ‘not guilty’. However, the term ‘not
guilty’ does not prove innocence; instead it means the evidence was not strong enough for a
guilty verdict.
On the other hand, miscarriage of justice means a verdict or judgment which is clearly
mistaken, improper or unfair. It is the wrong decision made by a court due to which an innocent
person is punished.
This differentiation is needed as the court uses different terms for different situations in
the given case. These words can never be substituted by one another. Hence, not guilty does not
mean being innocent and vice versa. In order to found not guilty, one have to pass through the
stress and expense of a trial. Innocent can be proved in various ways before the trial.
ANSWER 3:
The causes behind the wrongful confessions are the irregularities and competence at the
investigatory, pre trial, trial and appellate stages of the criminal justice system. The main reasons
behind wrongful conviction as seen from the history of cases are inadequate representation by

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the defence counsel, failure of the state authorities to disclose the evidences before trial to result
into acquittal, perjured testimony, judicial biasness against the offender, contaminated evidences,
false confessions and others.
ANSWER 4:
In Canada, there is no legal grant of compensation for a wrongful conviction. Unless he
can establish and prove a civil cause of action, such as claim for malicious prosecution,
prosecutorial misconduct and others, he cannot avail any remedy for his wrongful compensation.
However, in the recent years, it is found in many cases where the state grants
compensation to the person who was convicted or imprisoned wrongfully. In 1976, Canada
confirmed the International Covenant on the Civil and Political rights. Article 14(6) of the
Covenant holds that a person who is being convicted as a result of miscarriage of justice must be
compensated by the state. However no legislation has been enacted to give effect to the
Covenant. But the principles enumerated in it provide a set of guidelines to grant compensation.
The Federal/ Provincial Guidelines on Compensation for Wrongfully Convicted and Imprisoned
Persons called the "Guidelines" comprises of numerous criteria that has to be met before a person
is allowed compensation.

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JOURNAL:
After going through the chapter, I have clearly understood the concept of criminal law
comprising of offences, their essential elements and their punishments in respect of the Criminal
Code of Canada. For example, the offence of murder, its essential elements which are actus reus
and mens rea are enumerated in the class. In addition to this, I gained knowledge about the types
of criminal offences that exist in Canada. After going through this chapter, I also came to know
about different concepts and their differences. For example, the provisions of recklessness and
willful blindness, attempt & Conspiracy, aiding in an offence & abetting an offence, attempt &
conspiracy, knowledge, intention & motive and their differences are elaborated to me in this
chapter. Besides these, I gained knowledge about concept of accessory and organized crime.
Moreover, the types of courts, their jurisdiction, punishments are also taught to us. There
are mainly five types of courts which are Provincial Court (criminal division), Provincial
Superior Court of Appeals and Trials, the Provincial Court of Appeal, the Federal Court and the
Supreme Court of Canada.
If all these parts of the chapter are not taught to me, my knowledge regarding the
Criminal Code of Canada will remain incomplete. I would not have any clear idea about the
topics that are covered in this chapter.

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Tutorial 4 Answers:
Answer 1
The federal government considers the following principles that influence it to determine
what behaviors to criminalize, decriminalize or legalize. They are as follows:
o Fairness: the process must be impartial to the accused. The court must consider the facts
and circumstances of each case.
o Efficiency: the process must be timely.
o Clarity: the accused must be aware of the process and the charges.
o Restraint: self discipline must be shown by the government officials while treating the
accused.
o Accountability: government officials must be held liable for their acts.

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o Participation: the accused must play an active role in the process and it is open to public
scrutiny.
o Protection: to save the accused from harm.
All the above mentioned principles form the core values of the Canadian Criminal Justice
system.
Answer 2:
The rights contained the Charter of Rights and Freedoms are not absolute. According to
Article 1, these rights are subjected to reasonable limits. sometimes, the charter rights of the
individuals conflict with the duties and limits of the Criminal code. When the court feels that the
criminal code’s limit on the behavior of an individual has gone very far, it will rule that such law
is unconstitutional. The criminal courts are required to weigh what is the best for the society
against the right of an individual.
Answer 3:
The purpose of the Criminal code of Canada is to maintain a just, safe and peaceful
society. This code is based on the principle that some acts are to be prevented and the measures
mentioned therein are the best way to prevent them.
Answer 4:
Most of the offences mentioned in the Criminal Code of Canada are of hybrid nature. The
court by using its discretion determines whether such offences will end in indictable or summary
charges. Unless the Crown makes its decision, hybrid offences remain indictment. However, if
the court finds after considering the previous record of the accused, the date of occurrence of the

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offence and whether lesser penalties are proper if a conviction is obtained, may proceed
summarily if it involves lesser penalties.
Answer 5:
Actus Reus does not always require an action to be committed. Give an example of such
a circumstance.
Example: a person is employed to give life saving medicine to a patient. He forgot to give
him. This results into death of the patient. Though he has no intention to cause his death, his
omission of the act resulted in the death.
Answer 6:
Aiding means helping, assisting or supporting a person to commit a crime. On the other
hand, inciting or abetting means instigating or encouraging a person to commit a crime.
Answer 7:
Based on the intensity, seriousness of the crime and its affect to the society, different
offences are tried by different procedures. For example, summary conviction offences and more
serious indictable offences have different trial procedures as the former involves less serious and
less vulnerable offences when compared to latter.

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References:
The Criminal Code, Canada
International Covenant on the Civil and Political rights, 1976