Miljen Matijašević E-mail: [email protected] Office: G10, room 6 (1st floor) Tue, 15:30-16:30 Today’s session 1. Revision of the last session (Crime) 2. Death and the Law Crime Find the English equivalents 1. 2. 3. 4. 5. 6. čedomorstvo izdaja krivokletstvo obiteljsko nasilje ometanje istražnog postupka palež 7. poticanje na rasnu 8. 9. 10. 11. 12. mržnju pranje novca pronevjera protuzakonito okupljanje provalna krađa utaja poreza Find the English equivalents ANSWERS: 1. infanticide 2. treason 3. perjury 4. domestic violence 5. obstruction of justice 6. arson 7. incitement to racial 8. 9. 10. 11. 12. hatred money laundering embezzlement unlawful assembly burglary tax evasion Answer the following questions How can we define crime? 2. How are crimes classified 1. according to object b. according to seriousness? a. 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 form 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. EFL, Units 20&21 Death and the Law suicide euthanasia abortion the death penalty 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 How would you explain the term euthanasia? literally: “good death” (from Greek – eu+thanatos) ending another’s 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 (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 for 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 Euthanasia – discussion SUPPORTIST GROUP Having heard the arguments above, write down the conditions under which euthanasia or assisted suicide should be made legally possible. OPPOSING GROUP Prepare arguments against legalising euthanasia. 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? The Death Penalty a.k.a. the capital punishment or execution the killing of a person as punishment for a crime in a judicial process common methods: lethal injection electrocution hanging firing squad The Death Penalty abolished by 95 countries still used by 58 countries (e.g. the USA, China, Japan, Iran, Indonesia) in other countries the death penalty is legal but not used The Death Penalty ABOLITION INITIATIVES UN Human Rights Commission 1999 Resolution supporting Worldwide Moratorium on Executions opposed by the above countries The Death Penalty The Council of Europe 6th Protocol to the ECHR (1983) prohibits the death penalty in time of peace 13th Protocol to the ECHR (2002) prohibits the death penalty in all circumstances requirement for any applicant country The Death Penalty The European Union Charter of Fundamental Rights of the EU drafted in 2000, entered into force with the Treaty of Lisbon, 1 Dec 2009 among other things, prohibits the death penalty The Death Penalty The United Kingdom abolished 1969 most crimes except treason and some military crimes 1998 all crimes ratified the 6th Protocol in 1998, 13th in 2003 last execution in 1964 last woman to be executed: Ruth Ellis, 1955 The Death Penalty The People’s Republic of China estimates: several thousand people executed every year methods: lethal injection and firing squad capital crimes – not only murder but also some economic and property crimes (tax fraud, crimes against national symbols and treasures, corruption, etc.) repeating of crimes key to punishment The Death Penalty Iran capital crimes: murder, rape, drug trafficking, terrorism, kidnapping, paedophilia, etc. but also: apostasy, adultery and homosexuality methods: hanging and stoning (disputed) claims of capital punishment carried out on minors The Death Penalty Croatia abolished with the Constitution of the RC 1990 last execution performed in 1987 (Dušan Kosić, for quadruple homicide) The Death Penalty The United States of America abolished by law in 12 states + the DC several states have death penalty laws but don’t apply them death penalty imposed, but carried out in approximately 10% of cases (e.g. Texas executes 40% and California 1% of those sentenced) capital crimes: although legislations vary, in practice mostly given for murder with aggravating circumstances The Death Penalty The United States of America 1972-1976 federal suspension of the d.p. declared as ‘cruel and unusual punishment’, prohibited by the 8th Amendment to the Constitution, although each SC Justice provided different reasons methods: lethal injection (by far most common); also used: electrocution, lethal gas, firing squad The Death Penalty The United States of America racial issues African American convicted of homicide and sentenced to death 3-4 times more often than whites studies have shown that the race of the victim may be more decisive in giving the death penalty The Death Penalty two views: abolitionist (against the death penalty) retentionist (in favour of the death penalty) Think of arguments for abolitionist, i.e. retentionist views! The Death Penalty Listen to some details of the Ruth Ellis and Dušan Kosić cases. The Death Penalty Lord Kennet’s speech in the House of Lords, 1961 expressed his views on the capital punishment summarised it in five verbs: prevent reform research deter avenge What do you think he meant under these verbs? Read and find out. Abolitionist arguments (by Roger Hood, Professor of Criminology, Oxford University) an extreme example of torture, violation of human rights – illegitimate for a state to employ no convincing evidence that murder rate is lower in jurisdictions where capital punishment exists practice has shown that it is regularly applied with a dose of arbitrariness, inequity and discrimination counterproductive in moral terms – undermines the moral authority of the legal system Key vocabulary active euthanasia passive euthanasia voluntary euthanasia non-voluntary euthanasia attempted suicide perpetrator accessory assisted suicide advance directives DNR pro-life pro-choice abolition(ist) retention(ist) Thank you for your attention!