Lecturer: Miljen Matijašević
e-mail: miljen.matijasevic@gmail.com
Session 3
1.
Revision of the previous session
2.
Death and the Law (w/ case study)
Crime
1.
2.
3.
4.
5.
6.
7.
čedomorstvo
izdaja
krivokletstvo
obiteljsko nasilje
ometanje istražnog
postupka
palež
poticanje na rasnu
mržnju
8.
9.
10.
11.
12.
pranje novca
pronevjera
protuzakonito
okupljanje
provalna krađa
utaja poreza
ANSWERS:
1. infanticide
2. treason
3. perjury
4. domestic violence
5. obstruction of
justice
6. arson
7.
8.
9.
10.
11.
12.
incitement to racial
hatred
money laundering
embezzlement
unlawful assembly
burglary
tax evasion
1.
2.
How can we define crime?
How are crimes classified
a. according to object
b. according to seriousness?
3.
Explain the difference between the following:
1. murder, manslaughter and involuntary
manslaughter
2. theft, larceny, shoplifting, robbery
4.
5.
6.
What is actus reus and what forms can it
take?
What is mens rea?
Who is exempt from criminal liability?
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.
Unit 20
◦ suicide
◦ euthanasia
◦ abortion
◦ the death penalty (next session)
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

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



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?

How would you explain the term euthanasia?
◦ literally: “good death” (from Greek – eu+thanatos)

ending a life in order to relieve pain and
suffering







ACTIVE
PASSIVE
VOLUNTARY
NON-VOLUNTARY
INVOLUNTARY
ASSISTED SUICIDE
PHYSICIAN ASSISTED SUICIDE
What do you think the differences are?


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)





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
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
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
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
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’
Croatia
 all forms of euthanasia/assisted suicide
illegal
(ECHR 2002)
case study




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




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




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.’




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




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



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
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
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
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 euthanasia
passive euthanasia
voluntary euthanasia
non-voluntary
euthanasia
involuntary euthanasia
attempted suicide
perpetrator
accessory
assisted suicide
advance directives
DNR
pro-life
pro-choice
Thank you for your attention!