Criminal Case Group Activity Legal Inquiry

Task: In groups of 4, you are to create a fictional criminal legal case brief. The crime can be either summary or indictable. This is your opportunity to be creative and use your critical thinking skills. Using the outline attached, complete the following steps. This outline is to be transferred to chart paper and be presented to the class. 1. Identify the Facts Outline the facts of the case. You are to state the circumstances involved in the case as simply as possible. In briefing a criminal case, for example, you summarize the incidents leading up to the crime, the crime itself (including when and where it happened), and what the defendant was alleged to have done or not done.

2. Identify the Issue(s) and the Law See pages 604-607 in the textbook for the Charter of Rights and Freedoms. You may also refer to the Criminal Code found at http://lawslois.justice.gc.ca/eng/acts/C-46/ Identify the issue (legal question that the court must determine in the case) The issue may be one of fact: Did the defendant meet the legal conditions for commission of a crime? (Mens Read and Actus Rea) Or a matter of law: Can the defendant use a legal or common-law (as in using statutes enacted by legislative bodies) defense to excuse his/her actions? Or both fact and law: Did the police conduct a valid search of the defendants premises or body? 3. Create Arguments Once you have identified the issue, it can be useful to summarize the arguments(s) made by the Crown and the defense with respect to how it should be answered Consider the following: Impact of the Charter of Rights and Freedoms Crown Disclosure Evidence (physical or circumstantial) Defence (negativing or affirmative) Criminal Code 4. Assign Roles Assign one person to each of the following roles: State the facts Act as the Crown Act as the Defence Present the class with discussion questions pertaining to the case you have just covered

Criminal Legal Case Brief Identify the Facts

The Issue(s) and The Law

Crown

Arguments Defence

MEMBERS OF THE GROUP: ___________________________________________________________ Success Criteria KNOWLEDGE (Case Outline) ___________/4 THINKING/ INQUIRY (Connections) ___________/4 No connections made between fictional case and criminal law concepts/ theories Level 1 (50-59%) 1 mark Incomplete outline Level 2 (60-69%) 2 marks Complete outline; minimal amount of detail per section (~ 1-2 points) Some connections made between fictional case and criminal law concepts/ theories Level 3 (70-79%) 3 marks Complete outline; good amount of detail per section (~ 3-4 points) Many connections made between fictional case and criminal law concepts/ theories. Level 4 (80-100%) 4 marks Complete outline; very detailed sections (~ +5 points) Many connections made between fictional case and criminal law concepts/ theories. Reference to text/ notes made in order to support these connections Each group member presents; chart paper outline is referred to and completed neatly Some discussion questions; actual class discussion is exciting/ engaging

COMMUNICATION Not every group (Group members/ member Presentation) presents; chart paper outline ___________/4 incomplete APPLICATION (Discussion) ___________/4 No discussion questions for the class

Each group member presents; chart paper outline is not referred to A couple of discussion questions; actual class discussion is minimal

Each group member presents; chart paper outline is referred to Some discussion questions; actual class discussion is good

TOTAL: _________/ 16 *Note: Students/ groups who have not met the requirements will receive a mark below 50% COMMENTS: __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________