Question
We're examining criminal law in Canada, focusing on key concepts like actus reus and men's rea as well as the principles of evidence and procedures.
We're examining criminal law in Canada, focusing on key concepts like actus reus and men's rea as well as the principles of evidence and procedures. One real-world example that highlights these concepts is the case of R v. Edwards, the breakthrough in the historical homicide case of Pauline Brazeau.In Module 2, we delve into the realm of Canadian criminal law, focusing on foundational principles like actus reus (the guilty act) and men's rea (the guilty mind). Actus reus refers to the physical act or conduct that constitutes a criminal offense, while men's rea relates to the state of mind or intent behind that act. In determining criminal liability, it is important to understand those concepts.
The impact of technology developments, especially in the field of forensic science, is an intriguing aspect of modern crime law. The use of genetic DNA testing, which can provide valuable evidence even in the most recent unsolved cases, is an important development in crime investigation.
The case of Pauline Brazeau's murder serves as a compelling example of how DNA evidence can play a pivotal role in solving long-standing mysteries. Brazeau's disappearance and subsequent discovery as a homicide victim in 1976 left the case cold for nearly five decades. However, in 2021, the Alberta RCMP reanalyzed this case and carried out successful DNA tests on samples taken from Brazeau's body due to advancements in genetic testing. The DNA evidence led to the identification and subsequent charging of Ronald James Edwards, a 73-year-old Albertan, with Brazeau's murder in 2023. This breakthrough underscores the transformative impact of forensic technology on criminal investigations, offering hope for closure to victims' families and accountability for perpetrators, even years after the crime. In addition, the principles of actus reus and men's rea are aligned with the use of DNA evidence. DNA testing can establish a suspect's presence at the crime scene (actus reus) and provide insights into their actions and intentions (men's rea). For instance, DNA found on a weapon can link the suspect to the crime, while DNA evidence in cases of sexual assault can corroborate whether the act was consensual or not. However, it must be borne in mind that it is not possible to establish criminal liability solely based on DNA evidence. In addition to other evidence, it must be interpreted in the wider context of the case. However, its role in corroborating evidence and providing crucial leads cannot be underestimated. Overall, the case of Pauline Brazeau's murder highlights the intersection of forensic science and criminal law, showcasing how technological advancements contribute to the pursuit of justice in Canada.
- What do you think about the "dark figure of crime" / unreported crimes to police? Do you think that this may affect the accuracy of the data? Even though the article provides the caveat that it's 'only based off of reported data', does that still mean that it's reliable or valid data? Explain.
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