lecturer: miljen matijašević g10, room 6/i, tue 11:30-12:30 e-mail: [email protected]...
TRANSCRIPT
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