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Criminal Law is the body of law that defines criminal offences, offences against society and fixes penalties to convicted offenders.
Example of Criminal Offences

Violent Offences

Murder

Manslaughter

Infanticide

Property Offences

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Criminal law has specific purpose to make the society safe.

This article describes the purpose of criminal law that are:
To punish,
to deter or
to rehabilitate the convicted offender.

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Answer (1 of 16): The purpose of criminal law is to punish criminal conduct. But this begs the question, why do we punish criminal conduct at all? Why aren't money payments enough to make the victims whole, as they are in torts? Why have all societies in history maintained a system of exacting ad...

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In order to obtain a conviction, elements of crime must be proven before.  These are:

Mens rea

Actus reus

The description of these elements is in the article below:

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In the United States, there are specific elements of a crime that the prosecution must prove beyond a reasonable doubt in order to obtain a conviction. The three specific elements (with exception) that define a crime which the prosecution must prove beyond a reasonable doubt in order to obtain a conviction: (1) that a crime has actually occurred (actus reus), (2) that the accused intended the crime to happen (mens rea) and (3) and concurrence of the two meaning there is a timely relationship between the first two factors.

Jeff is upset with his ex-girlfriend, Mary, for ending their relationship. He goes to look for her and spots her having dinner with another man named Bill. He decides to get even with Mary by setting her apartment on fire. Jeff goes to Mary's apartment and lets himself in, using a key that Mary has asked for him to give back on several occasions. He then places several newspapers on the kitchen floor and sets them on fire. Just as he is leaving, Mary and Bill enter the apartment. Jeff runs off and Mary and Bill are able to quickly put out the fire. The fire did not cause any real damage, however Jeff is arrested and charged with attempted arson. The prosecution must prove that a crime occurred, that Jeff intended for the crime to occur, and concurrence for attempted arson.

Criminal act, or actus reus, is generally defined as a criminal act that was the result of voluntary bodily movement. A criminal act can also occur when a defendant fails to act (also known as omission). A criminal act must occur because people cannot be legally punished because of their thoughts or intentions. Also, referencing the Eighth Amendment Ban on Cruel and Unusual Punishment, crimes cannot be defined by status.

Examples of involuntary acts, as described by the Model Penal Code, include:

A reflex or convulsion;

A bodily movement during unconsciousness or sleep;

Conduct during hypnosis or resulting from hypnotic suggestion;

A bodily movement that otherwise is not a product of the effort or determination of the actor, either conscious or habitual.

Jules Lowe of Manchester, England, was arrested and charged with the murder of his 83-year-old father Edward Lowe was brutally beaten and found dead in his driveway. During the trial, Lowe admitted to killing his father, but because he suffered from sleepwalking (also known as automatism), he did not remember committing the act.

Lowe, who shared a house with his father, had a history of sleepwalking, had never been known to show any violence towards his father and had an excellent relationship with his father.

Defense lawyers also had Lowe tested by sleep experts who provided testimony at his trial that, based on the tests, Lowe suffered from sleepwalking. The defense concluded that the murder of his father was a result of insane automatism, and that he could no be held legally responsible for the murder. The jury agreed and Lowe was sent to a psychiatric hospital where he was treated for 10 months and then released.

Melinda decided to celebrate after receiving a promotion at work. She went to her friend's house where she spent several hours drinking wine and smoking synthetic marijuana. When it is time to go home, Melinda, despite protests from friends, decided she was okay to drive herself home. During the drive home she passed out at the wheel. While passed out, her car collided with an oncoming car, resulting in the death of the driver.

Melinda voluntarily drank, smoked the synthetic marijuana, and then decided to drive her car. The collision that resulted in the death of the other driver occurred when Melinda was passed out, but she was passed out due to decisions she voluntarily made before passing out and would therefore be found culpable for the death of the person driving the car she collided with while passed out.

Omission is another form of actus reus and is the act of failing to take action that would have prevented injury to another person. Criminal negligence is also a form of actus reus.

An omission could be failing to warn others that they could be in danger because of something that you did, failure to a person left in your care, or not failure to complete your work properly which resulted in an accident.

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In the United States, there are specific elements of a crime that the prosecution must prove beyond a reasonable doubt in order to obtain a conviction.

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There are different types of crimes, this video has the infographic that describes the types of crimes.

Offences against persons

Offences against property

Offences considered evil

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One of the criminal offences is Impaired Driving.
Driving motor vehicle while consuming drugs or alcohol and the consumption level is above the legal limit.
This documentary is the best thing to understand the concept of impaired driving.

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impaired driving IMPACT (38 minute documentary)

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There are immediate penalties of impaired driving. For example:

90 days suspension of driving licence.

seize vehicle for 7 days.

Linked article has explanation about penalties.

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Upon conviction the following penalties apply;

possible jail up to two years

mandatory 30 days jail for 2nd conviction

mandatory 120 days jail for 3rd and subsequent convictions

criminal Record for life

one (1) year licence suspension.

possible travel restrictions to USA

fine of $1000 to $2000 dollars

can affect any immigration or citizenship status

mandatory medical testing for alcohol addiction/dependency

mandatory Back on Track driver program, cost approx. six hundred (600) dollars

driver licence reinstatement fees, one hundred and eighty (180) dollars

interlock device must be installed in all vehicles, approx. $1500

insurance rate will go into high risk insurance for five (5) years

interlock must be tested monthly at the drivers cost

One of the largest penalties for drinking and driving offences exclusive of a jail term, is the effect the conviction will have on the drivers and families insurance rates.

High risk insurance rates for impaired drivers have been known to be over ten thousand (10,000) dollars for five (5) years. The cost of the insurance could be fifty thousand (50,000) over five years.

The possible effects on the insurance rates is in itself a reason to fight the charges.

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Impaired Driving Penalties Ontario | Penalty for Driving Impaired Canada

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Upon conviction the following penalties apply; possible jail up to two years mandatory 30 days jail for 2nd conviction mandatory 120 days jail for 3rd and subsequent convictions criminal Record for life one (1) year licence suspension.

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The word document of my case study

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The penalties for impaired driving are updated few months ago, here is the video about updated penalties. That are:

First offence: Mandatory minimum $1,000 fine.

Second offence: Mandatory minimum  30 days imprisonment.

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What you need to know about the new impaired driving laws

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Everyone has the right to defend himself/herself according to The Canadian  Charter of Rights and Freedom.
This article has the explanation about defences.

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When you have been charged with a criminal offence you have the right to defend yourself and:

discuss the case with a lawyer of your choice,

to seek to have the charge dismissed, or

resolved to a lessor charge or plead not guilty and proceed to a trial.

You do not have automatically plead guilty and suffer the severe DUI penalties.

The Canadian Charter of Rights and Freedoms says:

Everyone has the right to defend themselves in court.

Everyone has the right to be free of unreasonable search and seizure by the police.

Everyone has the right to have a judge listen to your case within a reasonable period of time.

In most impaired driving and DUI charges there are issues and defences available.

Many drivers may feel that if the police have arrested you for impaired driving that you're automatically guilty, which is wrong.

The police do make mistakes,

charge people improperly, and

violate people's rights,

many times people are just not guilty of what the police are alleging.

It is the driver's right under Canadian law to;

discuss the charge with the Crown Attorney to withdraw or reduce the charge,

present your defence in a court room,

to have a Judge hear what happened, and for

the judge to make a decision about the guilt or innocence, not the police.

The law on impaired driving is strict, and the police and the crown attorney must do everything properly and legally to obtain a conviction against the accused. Your rights as a Canadian citizen have been violated, a criminal charge can be dismissed.

There are defences to impaired driving. There is no charge to have our criminal lawyers meet with you can review your case, call us today at 647-689-6014.

Impaired driving defenses can include issues such as;

Proper arrest of the accused

Proper reading of breath samples demand

The collection of evidence against the accused

The right to speak with a lawyer in privacy

The right to have your trial in a reasonable period of time (11b Applications)

Have the police done everything properly

Have all the documents been properly submitted and prepared at the court

Can the prosecution prove the case beyond a reasonable doubt

The onus is on the police and prosecution to prove the guilt of the accused beyond a reasonable doubt to the Judge.

When the police collect evidence like samples of breath from a breathalyzer test there are rules that they must follow.

Where the police evidence has been improperly collected and then presented to the court it may provide a defence for the accused.

If there is a mistake or your rights have been violated, the proper thing for the judge to do is to dismiss or "stay" your charge.

If you have been arrested call me to discuss your case and find out how I can help you.

The police did not give the accused the opportunity or the police did not give the accused privacy while speaking to a lawyer.

Canadian law says that if you are charged with a criminal offence then it is your right to speak to a lawyer as soon as possible.

You have the right to speak to the lawyer in privacy without anyone or a police officer being present.

You have the right to speak you a lawyer of your choosing, and the police must make reasonable steps to put you in contact with that lawyer.

Where the police violate the accused's rights to counsel the Judge may dismiss any criminal charge.

The police must take a steps to ensure that you speak to a lawyer of your choosing, the conversation takes place as soon as reasonable possible, and that the conversation is done in privacy.

The Canadian Charter of Rights and Freedoms states that if you are a Canadian citizen and charged with an offence in Canada you have a right to have your case heard by a judge within a reasonable period of time.

The time that is considered reasonable for a criminal matter is about eighteen (18) months.

If your case takes more than eighteen (18) months to come to trial as your defense lawyer I can file a complaint to the judge. If the judge agrees that your rights have been violated then the criminal charge would be dismissed.

This is called an 11b Application under the Canadian Charter of Rights and Freedoms.

The police officer is under strict rules for arresting a person for impaired driving.

The officer has to properly and legally;

place the driver under arrest.

read the driver your rights to counsel.

read the driver a demand for a breathalyzer test.

ensure the driver understands what they have been told.

ensure that the breathalyzer test is taken as soon as possible.

ensure that all evidence is collected properly and legally.

ensure that the case is prepared for trial and that all documents are properly prepared.

This is a partial list of requirements upon the police in arresting and charging an impaired driving, there are many more issues that can arise at trial.

The police have to prove that you are guilty of impaired driving beyond a reasonable doubt.

Which means that the police have to prove to the judge that you are one hundred (100) percent guilty of the impaired driving. In the first instance the accused does not have to defend themselves.

The police have to prove the case against driver, not that driver has to defend themselves.

If the police cannot prove the case against the accused, or the judge has any doubt in their mind, the judge should dismiss the charge.

Where the judge believes the evidence of the police but also finds that the accused was credible and believes their evidence, the Canadian case law of R. vs WD states that the judge should dismiss the charge.

Breathalyzer tests have to be done properly and legally.

If the police are going to use the results of a breathalyzer test against the driver, the tests have to be done properly and legally.

Breathalyzer tests have to be taken within time limits, by a qualified breathalyzer technician, usually within three (3) hours of the time of the offence.

When the case comes to trial, either the breathalyzer technician has to come to court, or the arresting officer has to provide to the court the proper paper work to prove the breath readings, and that the documents were properly served on the accused.

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Impaired Driving Defences | Legal Arguments Impaired Driving Law

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When you have been charged with a criminal offence you have the right to defend yourself and: discuss the case with a lawyer of your choice, to seek to have the charge dismissed, or resolved to a lessor charge or plead not guilty and proceed to a trial.

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A person should consider his or her responsibility not to drive under influence of drugs or alcohol for saving the life of others and himself/herself.
If he/she consuming alcohol , should
ask for a ride
Or choose a non-drinking driver.

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We can observe many cases of impaired driving, some of the examples from the headline of  recent news from globalnews.ca website is below:

Broadcaster charged with impaired driving in Whitchurch-Stouffville crash that injured 4 children

N.S. woman who tested positive for cannabis behind the wheel plans to launch constitutional challenge