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People are often confused by the terms homicide, murder and manslaughter.  When reading the newspaper, they wonder why one defendant gets life for murder, while another person gets probation for manslaughter, which, in a way, sounds worse than murder.  It even gets more confusing when people are confronted with terms like felony murder.  After all, aren’t all murders felonies? Here is a brief explanation of the terms, with some specific references to statutes that may be used as examples, regardless…

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Gangs One of the more robust findings to emerge from both cross-sectional and longitudinal studies of youth addresses the relationship between gang membership and individual levels of delinquency and offending. Research in both the US and Canada has demonstrated that even after controlling for individual-level attributes gang members are more delinquent and commit more crime than do non-gang members (Esbensen and Huizinga 1993; Thornberry, Krohn, Lizotte, and Chard-Wierschem 1993; Huizinga 1997; Thornberry et al. 2003; Huff 2004; Gatti, Tremblay, Vitaro,…

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A young offender is someone between the ages of 12 and 17 who commits an offence under federal law, such as the Criminal Code or the Controlled Drugs and Substances Act. Rather than being treated as an adult, young offenders cases are processed under a special law called the Youth Criminal Justice Act (YCJA)and are now referred to as “young persons” under that Act. Although a young person can still face serious penalties for certain offences, they are not sent to adult prisons and there is generally a greater emphasis on…

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White collar crimes are committed every year. Sometimes the perpetrator is discovered. Other times, such actions go undetected. In other cases, the defendant may be targeted by someone who actually committed the crime and is trying to avoid detection.When a person is caught engaging in white collar crimes, he or she may face a variety of state or federal charges. Many such charges are classified as serious felonies. Origin of White Collar Crime Classifications Professor Edwin Hardin Sutherland coined the…

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When it comes to theft, there are a variety of laws and issues – no case is the same. You need to get an experienced theft lawyer who can address the law with your specific case, no matter what kind of theft you have been charged with. Shoplifting Shoplifting can mean a pack of gum or a computer taken from a store. Because theft can actually be a complicated case, speak with an experienced criminal law practice if facing such a circumstance….

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The ramifications of a DUI conviction can be very far reaching. If convicted, you can face jail time, heavy fines, expensive mandatory classes on driver safety, and the suspension of your driver’s license. While these penalties may feel severe if you are convicted of driving while intoxicated, they are not as grim as the sentence you could receive for DUI manslaughter. If you cause an accident while drinking and driving, and that accident results in a fatality, the legal and emotional…

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One offense that may cause confusion is a conviction for driving under the influence of alcohol or drugs. On the one hand, a DUI is an offense that can only occur while driving. As a result, many people assume a DUI will show on a driving history check but not on a criminal background check.  On the other hand, a DUI is considered a serious crime—one that can lead to license suspensions, sizable fines, and jail time. In all 50 states, a first-offense DUI will normally be…

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Sexual assault includes any non-consensual touching or other physical contact between two persons that has a sexual nature. This offence is very broadly defined. It includes everything from what is traditionally described as “rape” all the way to a “stolen kiss” or a brief grab of a person’s breast or buttocks at a bar. For non-consensual touching to be a sexual assault instead of just a “regular” assault, there must be a sexual aspect to the physical contact between the accused…

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To determine what’s necessary to ensure a defendant’s appearance at trial, a judge or magistrate examines the nature and circumstances of the charges, with particular attention to whether the offense involves violence or narcotic drugs. The court may inquire into the nature and value of any property that might be offered as collateral. The court also examines the weight of the evidence against the defendant, whether the person was on parole or probation at the time of the present arrest, the…

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Introduction The Youth Criminal Justice Act (YCJA) applies to young people who are 12-17 years old. The law says a person is an adult at age 18. At age 18, the YCJA does not apply. Offenders are referred to as “young persons”. The overall purpose of the YCJA is to make the public feel safe. Young people must be accountable for their actions, which means that they must face the consequences for their wrong-doings. The consequence for the crime must be proportionate to the seriousness of…

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