Lecturer: Miljen Matijašević G10, room 6/I, Tue 11:30-12:30 e-mail: [email protected] Session 3, 29 Oct 2013.

English for Lawyers 3Lecturer: Miljen Matijašević

G10, room 6/I, Tue 11:30-12:30e-mail: [email protected]

Session 3, 29 Oct 2013

1. Revision of the previous session

2. Death and the Law (w/ case study)

Today’s session

Revision of the last session

Crime

Find the English equivalents

1. čedomorstvo2. izdaja3. krivokletstvo4. obiteljsko nasilje5. ometanje istražnog

postupka6. palež7. poticanje na rasnu

mržnju

8. pranje novca9. pronevjera10. protuzakonito

okupljanje11. provalna krađa12. utaja poreza

Find the English equivalents

ANSWERS:1. infanticide2. treason3. perjury4. domestic violence5. obstruction of

justice6. arson

7. incitement to racial hatred

8. money laundering9. embezzlement10. unlawful assembly11. burglary12. tax evasion

Answer the following questions1. How can we define crime?2. How are crimes classified

a. according to objectb. according to seriousness?

3. Explain the difference between the following:

1. murder, manslaughter and involuntary manslaughter

2. theft, larceny, shoplifting, robbery

4. What is actus reus and what forms can it take?

5. What is mens rea?6. Who is exempt from criminal liability?

Translate the following text

Most crimes are characterised by two elements: a criminal act (actus reus) and criminal intent (mens rea). To secure a conviction, prosecutors must prove that both the criminal act and intent were present when a particular crime was committed.

In criminal cases, the burden of proof is on the prosecutor to persuade the judge (or jury) that the accused is guilty beyond reasonable doubt of every element of the crime charged. If the prosecutor fails to prove this, the defendant is acquitted.

Death and the LawUnit 20

Death and the Law

◦suicide◦euthanasia◦abortion◦the death penalty (next session)

Suicide

Suicide

intentional causing of one’s own death

before 1961 attempted suicide could result in criminal prosecution

religions such as Judaism, Christianity and Islam condemn suicide as an act against God

Suicide decriminalised by the Suicide Act 1961 however, the Act criminalised the act of

helping or assisting a suicide unique example – the perpetrator not

prosecuted, only the accessory

Think of arguments why attempted suicide should or should not be criminally prosecuted!

What about assisting a suicide?

Euthanasia

Euthanasia

How would you explain the term euthanasia?

◦ literally: “good death” (from Greek – eu+thanatos)

ending a life in order to relieve pain and suffering

Euthanasia ACTIVE PASSIVE

VOLUNTARY NON-VOLUNTARY INVOLUNTARY

ASSISTED SUICIDE PHYSICIAN ASSISTED SUICIDE

What do you think the differences are?

Euthanasia

ACTIVE – done by an act (e.g. administering a lethal dose of a drug)

PASSIVE – done by ommission (e.g. not providing life-saving treatment)

Euthanasia

VOLUNTARY – by choice of the patient NON-VOLUNTARY – when the patient is

unable to give consent INVOLUNTARY – done against the patient’s

will ASSISTED SUICIDE – providing but not

administering the means to end the life PHYSICIAN ASSISTED SUICIDE – same as

above only done by a physician

Euthanasia and the Law

The United Kingdom illegal Suicide Act provides for up to 14 years

imprisonment for assisting someone in ending their life

public polls in favour of legalising euthanasia

Parliament continues to vote against it Mental Capacity Act 2005 – ADVANCE

DIRECTIVES –instructions given in advance on what to do about treatment in the case of inability to express their will

Euthanasia and the Law

The USA illegal in most states except Montana,

Oregon, Washington (physician assisted suicide)

Texas – allowed to physicians and hospitals (Texas Futile Care Law)

however, patient has the right to refuse treatment (DNR – ‘do not rescussitate’)

advance directives also available

Euthanasia and the Law

The Netherlands euthanasia legalised in 2002 certain conditions must be met, e.g.

◦ patient’s conscious request◦ unbearable suffering without prospect of

improvement◦ patient informed and aware of alternatives◦ second opinion by independent physician◦ medically acceptable method◦ patient at least 12 years old

Euthanasia and the Law

Switzerland Swiss law: assisted suicide illegal only if

done for selfish reasons if evidence can be provided that the person

asked for it and had the capacity to make the decision – assisted suicide lawful

permitted also for foreign nationals development of ‘suicide tourism’

Euthanasia and the Law

Croatia all forms of euthanasia/assisted suicide

illegal

Pretty v United Kingdom

(ECHR 2002)case study

Pretty v United Kingdom (ECHR)

Diane Pretty was suffering from motor neurone disease

paralyzed from neck down, could hardly speak, fed by a tube

wanted to commit suicide but was unable to wished her husband to assist her

Pretty v United Kingdom (ECHR) Director of Public Prosecutions refused the

request not to prosecute her husband

appeal to the House of Lords – refused

appeal to the European Court of Human Rights

grounds for application:◦ violation of Articles 2, 3, 8, 9 and 14 of the

European Convention on Human Rights

Pretty v United Kingdom (ECHR) Art 2: ‘the right to life shall be protected by law’ Art 3: ‘No one shall be subjected to ... inhuman or

degrading treatment ...’ Art 8: ‘Everyone has the right to respect for his

private and family life ...’ Art 9: ‘Everyone has the right to freedom of

thought, conscience ... [this freedom] shall be subject only to such limitations as are prescribed by law and are necessary in a democratic society in the interests of public safety, for the protection of public order, health or morals, or the protection of the rights and freedoms of others.’

Pretty v United Kingdom (ECHR)

no violation of the Convention was found the Court held that the right to life cannot

be interpreted as the right to die as regards Art 9 – the Court believed this

right fell under the limitations laid down in the Article

Diane Pretty died soon after the decision was reached

Abortion

Abortion termination of pregnancy before it is

complete countries worldwide have varying legislation

regarding abortion ISSUE: Is the foetus a human being with its

rights or is it part of the body of the mother?

two views:◦ pro-life◦ pro-choice

Abortion – the United Kingdom

illegal until the Abortion Act 1967 the Act provided for free provision of

abortion under the National Health Service abortion can be performed until the 28th

week later lowered to the 24th week later abortions allowed if the reason is to

save the life must be performed by a registered

physician abortion still illegal in Northern Ireland

Abortion – the USA

The USA Colorado 1967 – first state to legalise

abortion in cases of rape, incest, or serious danger to the mother

after this, many other states followed turning point: Roe v Wade (1973, US SC

decision) considered that a foetus is not a person stated that abortion rights fall under the

right to privacy

Attitudes to Abortion

A 2009 UK poll asked if all women should have the right of access to abortion◦ 37% Strongly agree◦ 20% Tend to agree◦ 12% Neither agree nor disagree◦ 7% Tend to disagree◦ 12% Strongly disagree◦ 3% Don't know◦ 9% preferred not to answer

Discuss the results of the poll. Are you pro-life or pro-choice?

active euthanasiapassive euthanasia

voluntary euthanasianon-voluntary

euthanasiainvoluntary euthanasia

attempted suicideperpetratoraccessory

assisted suicideadvance directives

DNRpro-life

pro-choice

Key vocabulary