Homicide (LAW560H1F)

At a Glance

First Term
Credits
3
Hours
2

Enrolment

Maximum
20
15 JD
5 LLM/SJD/MSL/NDEGS/SJD U

Schedule

M: 2:10 - 4:00
Instructor(s): Jill R. Presser
Pre-requisites/Co-requisites
Criminal Procedure

See Pre-co-requisite or permission of the instructor.

This seminar will combine an academic review of the law pertaining to homicide with practical hands-on written and oral advocacy skill development. The course will begin with a detailed and thorough review of the law of homicide in Canada, including both instructor and student led units. This will include: classification of homicide offences (first degree murder, second degree murder, manslaughter, infanticide); the elements of murder (actus reus, causation and mens rea/fault); constitutionally-required minimum standards of fault; the elements of manslaughter; defences (e.g.: provocation, battered woman syndrome, intoxication); and trial and post-trial issues (e.g.: jury trials and challenges for cause, mental disorder, sentencing, “faint hope” applications). We will then work with primary source materials from actual homicide cases (this may include excerpts of trial transcripts, jury charges, notices of appeal, appellant and respondent facta on appeal), to apply the law we covered in the first part of the course. We’ll spot potential issues for appeal in homicide cases, draft written argument, critique written advocacy of appellate counsel and draft and deliver informal oral argument.

Evaluation
class participation - 15%; -class presentation - 10%; -written outline for class presentation (800-1000 words) - 10%; -practical writing assignment - to draft an oral argument (either closing jury address for homicide trial or appellant's oral submissions for homicide appeal) based on trial transcripts and jury charge (2000 - 2500 words) - 25%; essay (3500 - 4000 words) - 40%.