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Revision (crime)
Suicide
Abortion
The Death Penalty
Euthanasia
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What is a crime?
How are crimes classified?
What are three main categories of crimes?
Who can be exempt from criminal liability?
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treason / conspiracy
murder / manslaughter
theft / robbery / burglary
to prove beyond reasonable doubt
to be presumed innocent
exemption from criminal liability
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Indictable offences are more serious offences
triable on ___________ by a judge and a jury in
a ___________ Court.
Summary offences are less serious offences
triable summarily in a ____________ Court by
the justices who sit without a _________.
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To secure conviction, the prosecution must
normally prove beyond reasonable doubt that
the accused committed a guilty act with a
guilty intent. The accused is presumed
innocent until proved by the prosecution in a
court of law to be guilty.
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The act of taking one’s own life voluntarily
and intentionally
In the past an attempt to kill oneself resulted
in a charge with a criminal offence
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In the 14th century English Common Law made
suicide a criminal act and it was punished by
forfeiture of all the goods and chattels of the
offender.
English Common Law distinguished a suicide
committed by an unsound mind from an “evil doer
against himself”, who had coolly decided to end his
or her life (an infamous crime) – entire estate
forfeited to the crown;
Ignominious burial – a corpse dragged through the
streets and hung from the gallows, and finally
buried beneath a crossroad with a stake driven
through the body
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by the 17th century – a suicide forfeited
only personal property; heirs could get his
real estate
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until 1879 law did not distinguish between
suicide and homicide
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The Suicide Act of 1961 abolished that
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BE IT ENACTED by the Queen's most Excellent Majesty, by and with the advice and
consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament
assembled, and by the authority of the same, as follows:–
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1 Suicide to cease to be a crime
The rule of law whereby it is a crime for a person to commit suicide is hereby abrogated.
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2 Criminal liability for complicity in another's suicide
(1) A person who aids, abets, counsels or procures the suicide of another, or an
attempt by another to commit suicide, shall be liable on conviction on indictment to
imprisonment for a term not exceeding fourteen years.
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(2) If on the trial of an indictment for murder or manslaughter it is proved that the
accused aided, abetted, counselled or procured the suicide of the person in question,
the jury may find him guilty of that offence.
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The termination of pregnancy before it is
complete with the purpose of destroying the
foetus
Before 1967 it was a criminal act to end, or to
help to end a pregnancy
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The main question: Is the foetus a human
being with its rights or is it part of the body
of the mother?
Pro life and pro choice
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Since life begins at conception, abortion is
akin to murder as it is the act of taking
human life. Abortion is in direct defiance of
the commonly accepted idea of the sanctity
of human life
No civilized society permits one human to
intentionally harm or take the life of another
human without punishment, and abortion is
no different.
Adoption is a viable alternative to abortion
and accomplishes the same result.
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Nearly all abortions take place in the first
trimester, when a fetus cannot exist
independent of the mother. As it is attached
by the placenta and umbilical cord, its health
is dependent on her health, and cannot be
regarded as a separate entity as it cannot
exist outside her womb.
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A pregnancy may be terminated within the
time limit of 24 weeks
The time limit does not apply where abortion
is performed to save lives
An abortion must be performed by a
registered medical practicioner in a hospital
or a place officially approved for that purpose
The Act does not apply in Northern Ireland
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Roe v. Wade – the most important precedent
The Supreme Court issued its decision in Roe v.
Wade on January 22, 1973 in which the justices
ruled 7-2 that abortion was a fundamental right
protected by the United States Constitution.
Justice Harry Blackmun, writing for the majority,
declared that the right of privacy protected by
the Fourteenth Amendment and previously
outlined in Griswold “is broad enough to
encompass a woman’s decision whether or not to
terminate her pregnancy.”
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https://www.youtube.com/watch?v=8DJ2JB9i
c5A
Which US Constitution amendments were
quoted in the argument?
What was ‘the worst joke in legal history’?
Explain ‘the zone of privacy’!
What is the main question in Planned
Parenthood v. Casey (1992) case?
What was the court’s conclusion?
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Amendments: 1st, 4th, 9th, 10th, 14th
The worst joke in legal history:
Arguing against two female attorneys, Floyd
begins: “It’s an old joke, but when a man
argues against two beautiful ladies like this,
they are going to have the last word.”
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Issue: Can a state require women who want an
abortion to obtain informed consent, wait 24
hours, and, if minors, obtain parental consent,
without violating their right to abortions as
guaranteed by Roe v. Wade?
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Conclusion: The Court reaffirmed Roe, but it
upheld most of the Pennsylvania provisions. For the
first time, the justices imposed a new standard to
determine the validity of laws restricting abortions.
The new standard asks whether a state abortion
regulation has the purpose or effect of imposing an
"undue burden," which is defined as a "substantial
obstacle in the path of a woman seeking an
abortion before the fetus attains viability." Under
this standard, the only provision to fail the undueburden test was the husband notification
requirement.
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In Great Britain, hanging was the preferred
method of execution for hundreds of years
Capital punishment was suspended in 1965
and abolished in 1970
Abolitionists (fighters against the death
penalty) and retentionists (supporters of the
death penalty)
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The last woman to be
hanged in Great Britain
Ellis (28) shot her
boyfriend David Blakely
in 1955
“battered woman
syndrome”
Ellis had a miscarriage
10 days before the
killing because Blakely
punched her
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“It was obvious that when I shot him, I
intended to kill him”
The jury reached the verdict in 14 minutes
Ellis executed three weeks later
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The case reopened in 2003 – the relatives
wanted to replace the decision with a verdict
of manslaughter on the grounds of
‘provocation’ or ‘diminished responsibility’
“Substantial error” because the judge refused
to allow the jury to consider the provocation
defense
New verdict refused
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http://www.youtube.com/watch?v=uXQvKLG
YTho
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Literally: Good death (from the Greek words
“eu” and “thanatos”)
Also called ‘mercy killing’
Intentional killing by act or omission of a
dependant human being for his or her alleged
benefit
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Voluntary: when the person who is killed has
requested to be killed
Non-voluntary: when the person who is killed
made no request and gave no consent
Assisted suicide: someone provides an
individual with the information, guidance and
means to take their life with the intention that
they will be used for a purpose
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Euthanasia by action (active authanasia):
intentionally causing a person’s death by
performing an action such as by giving a
lethal injection
Euthanasia by omission (passive euthanasia):
intentionally causing death by not providing
necessary and ordinary care
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The Netherlands was the first country to allow
so-called mercy killing
Public approval ratings of nearly 90 % for
legalisation of euthanasia
Doctors have the right to refuse and patients
have the right to choose euthanasia
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The patient must have an incurable illness
There must be “unbearable suffering”
The patient must be of sound mind and must
have given consent
The termination of life must then be carried
out in a medically appropriate manner
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Since 2002, euthanasia was legalised in
several countries (e.g. Switzerland)
In Croatia all forms of euthanasia are illegal
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Forfeiture – oduzimanje imovine
Goods and chattels - imetak
Ignominious burial – nečasni pogreb
Abolitionist – protivnik smrtne kazne
Retentionist – zagovornik smrtne kazne
Miscarriage – spontani pobačaj
Diminished responsibility – smanjena
odgovornost
Incurable illness – neizlječiva bolest
Fill in the blanks with the most appropriate word:
painless, intolerable, incurable, criminal,undignified
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Euthanasia is the practice of terminating the
life of a human being or animal with an
____________ disease, ______________
suffering, or a possibly _____________ death
in a ____________ or minimally painful way,
for the purpose of limiting suffering. It is a
form of homicide; the question is whether it
should be considered justifiable or
___________.
Euthanasia is the practice of terminating the
life of a human being or animal with an
incurable disease, intolerable suffering, or a
possibly undignified death in a painless or
minimally painful way, for the purpose of
limiting suffering. It is a form of homicide;
the question is whether it should be
considered justifiable or criminal.
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___________________ – where a person is killed against their
expressed wishes
____________________ is the act of deliberately assisting or
encouraging another person who commits, or attempts to commit,
suicide.
___________________ – where a person deliberately intervenes to end
someone’s life, for example, by injecting them with sedatives
___________________ – where a person causes death by withholding or
withdrawing treatment that is necessary to maintain life
____________________ - where a person makes a conscious decision
to die and asks for help to do this
_____________________ – where a person is unable to give their
consent
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INVOLUNTARY EUTHANASIA – where a person is killed against their
expressed wishes
ASSISTED SUICIDE is the act of deliberately assisting or encouraging
another person who commits, or attempts to commit, suicide.
ACTIVE EUTHANASIA – where a person deliberately intervenes to end
someone’s life, for example, by injecting them with sedatives
PASSIVE EUTHANASIA – where a person causes death by withholding
or withdrawing treatment that is necessary to maintain life
VOLUNTARY EUTHANASIA - where a person makes a conscious
decision to die and asks for help to do this
NON-VOLUNTARY EUTHANASIA– where a person is unable to give
their consent
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Both euthanasia and assisted suicide are
illegal under English law. Depending on the
circumstances, euthanasia is regarded as
either manslaughter or murder and is
punishable by law with a maximum penalty of
up to life imprisonment.
Assisted suicide is illegal under the terms of
the Suicide Act (1961) and is punishable by
up to 14 years' imprisonment. Attempting to
commit suicide is not a criminal act in itself.
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Capital punishment
Term capital from latin capitalis ˝regarding
the head˝
Killing of a person by a judicial process
The most severe punishment for an offense
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The first established death penalty laws date
as far back as the 18th Century BC in the Code
of King Hammurabi of Babylon
It codified the death penalty for 25 different
crimes
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Ancient Greece, where the Athenian legal
system was first written down by Draco
In 1700s Britain there were 222 crimes
which were punishable by death
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In April 1999, the UN Human Rights
Commission passed the Resolution
Supporting Worldwide Moratorium on
Executions
Over 50 countries still retain the death
penalty
In 2006, 91% of all known executions were
carried out in 6 countries: China, Iran,
Pakistan, Iraq, Sudan and the United States
Death Penalty Permitted:
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Afghanistan, Cameroon, China, Congo,
Cuba, Iraq, Jamaica, Japan, North Korea,
South Korea, Nigeria, Pakistan, Thailand,
United States etc.
Death Penalty Outlawed for Ordinary Crimes
-permitted only for exceptional crimes,
such as crimes committed under military
law or in wartime:
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Bolivia, Brazil, El Salvador, Kazakhstan,
Israel, Latvia, Peru
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Today over 60 % of Americans support the
death penalty in theory
In most countries public opinion is against
the death penalty, as it is regarded inhuman
and many innocent persons were wrongfully
executed
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People who are against the death penalty
Lord Kennet’s speech given on November 9,
1961 in the House of Lords outlined main
arguments against the death penalty
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Read Lord Kennet’s speech (Unit 21) and
summarise his arguments under five verbs he
uses:
Prevent
Reform
Research
Deter
Avenge
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Giving a brief account of the main points of
some writing
Use key words and find a topic sentence
Paraphrase when necessary
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Write a short summary of Lord Kennet’s
speech outlining his main ideas
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To prevent the same man from doing it again
Rehabilitate: a man should be helped with his
social function by a rehabilitatory treatment
Research: We should find out about the
motives, characters and personality
structures of criminals, thus finding things
that would enable taking measures to reduce
the crime rate
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Deter: The evidence proves that the death
penalty is not an effective deterrent against
violent crime
Avenge: Vengeance is not a proper motive for
the State in dealing with convicted criminals
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People who support the death penalty
Main arguments: deter and avenge (“an eye
for an eye”)
Main question: is the capital penalty a
uniquely effective deterrent against murder?
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The death penalty fulfils a preventive function, but
it is also very clearly a form of revenge. The human
life is ended and the executed person is deprived
of the opportunity to change, to restore the harm
done or compensate for it. Before advocating
execution we should consider whether criminals
are intrinsically negative and harmful people or
whether they will remain perpetually in the same
state of mind in which they committed their crime
or not. The answer, I believe, is definitely not.
However horrible the act they have
committed, I believe that everyone has the
potential to improve and correct themselves.
Therefore,
I am optimistic that it remains possible to
deter criminal activity, and prevent such
harmful consequences of such acts in society,
without having to resort to the death penalty.
Article 21
 Every human being has the right to life.
 In the Republic of Croatia there shall be no
capital punishment.