Criminal law Crime , Justice - PowerPoint Presentation

Slide1

Criminal law

Crime

,

Justice

and

the

LawSlide2

Preview

Criminal

law

Purposes

of

criminal

law

Definition

of

crime

Elements

of

crime

Burden

of

proof

Categories

of

criminal

offences

Punishment

Exemptions

from

criminal

liability

Adversary

vs.

Inquisitorial

procedure

Criminal

trialSlide3

Who is who

in

a

criminal court?

Match

the

persons

with

their

activities

.

Find

Croatian

equivalents

.

juror

Brings

a

prosecution

and

outlines

the

facts

of

the

case

Defece

counsel

Pleads

guilty

or

not

guilty

Judge

/magistrate

Presents

expert

opinion

/

evidence

Expert

witness

Presides

over

court

and

pronounces

sentence

defendant

Passes

a

verdict

of

guilty

or

not

guilty

prosecutor

Represents

clients

Slide4

Scan the

text

on p. 127

and

finish the

following

sentences

A

crime

is

an

offence

committed

against

________________

The

three

categories

of

criminal

offences

in

England

and

Wales are:

1. ________________; 2. ____________________; 3. __________________Slide5

Criminal law

Involves

prosecution

by

the

state

of

a

person

for

an

act

that

has

been

classified

as a

crimeSlide6

Prosecution

Criminal

prosecutions

– in

the

name

of

the

Crown

The

duty

of

conducting

prosecutions

in

the

UK.:

Crown

Prosecution

Service (CPS),

created

by

Prosecution

of

Offences

Act

1985Slide7

Purposes of

Criminal

L

aw

1. to

protect individuals

and

their

property

from

harm

2. to

regulate

social

behaviour

3. to provide

sanctionsSlide8

DEFINITION OF CRIME

Crime

:

offence

against

community,

punishable

by

the

State

An

illegal

act

which

may

result

in

prosecution

and

punishment

by

the

stateSlide9

DEFINITION OF CRIME

“A

crime

is a

conduct

forbidden by

the

State to

which

a

punishment

has

been

attached

because

the

conduct

is

regarded

by

the

State as

being

criminal

”

What

conduct

is

criminal

varies

from

country

to

country

,

and

from

one time to

another

(

e.g

.

homosexuality

;

marital

rape

-

criminalised

by

judicial

decisions

: R

v R

1991)Slide10

What constitutes a crime?

In

order

to

be

convicted

, the

accused

must

be

shown

to

have

committed

an

unlawful

act

(

actus

reus

)

with

a

criminal

state

of

mind

(

mens

rea

)Slide11

Elements of

a

crime

ACTUS REUS + MENS REA = OFFENCE

Lat

:

Actus

non

facit

reum

nisi

mens

sit rea

= ‘

the

act

itself

does

not

constitute

guilt

unless

done

with

a

guilty

mind

’Slide12

Actus reus

The

physical

element of

a

crime.

It

can

be

:

1.

An

act

(

e.g

.

theft

)

2.

An

omission

to

act

(

e.g

.

wilful

neglect

of

a

child

)

3.A state

of

affairs

(

e.g

.

being

drunk

in

a

public

place)Slide13

Mens rea

The

mental

element of

an

offence

;

the

state

of

mind

that

the

prosecution

must prove

that

defendant

had at

the

time

of

committing

a

crime

in

order

to

secure

conviction

Intention

to

bring

about

a

particular

consequence

, or

recklessness

as to

whether

such

consequences

may

come

aboutSlide14

Burden of proof

The

duty

to prove a

fact

or facts

in

issue

Defendant

:

presumed

to

be

innocent

until

proved

guilty

The

duty

of

the

prosecution

: to prove

its

case

by

establishing

both

actus

reus

and

mens

rea

It must first

satisfy

the

evidential

burden

to

show

that

its

allegations

have

sth

to

support

themSlide15

Burden of

proof

If

the

posecution

has

established

a

basis

for

its

case

,

it

must

continue

to

satisfy

the

persuasive

burden

by

proving

its

case

beyond

reasonable

doubtSlide16

CATEGORIES OF CRIMINAL OFFENCE

Summary

offences

Indictable

offences

Offences

triable

either

waySlide17

Summary offence

Summary

offence

a

minor

crime

which

can

be

tried

summarily

,

i.e

.

before

magistrates

(

e.g

.

common

assault

,

driving

offences

,

criminal

damage

of

less

than

£5,000);

Prosecutions

must

be

started

within

6

months

of

the

commission

of

the

offence

Maximum

sentence: 6

months

imprisonment

Tried

in

magistrates

’

courts

by

a

judge

/magistrate

without

a

jurySlide18

Offences triable either way

Cases

which

can

be heard

in

either

the

Magistrates

' Court

or

the

Crown

Court (

theft

,

burglary

,

assault

causing

bodily

harm

,

obtaining

property

by

deception

)

Wide-

ranging

culpabilitySlide19

Indictable offences

Serious

crimes

which

are

tried on

indictment

in

the

Crown

Court (

murder

,

manslaughter

,

rape

)

Indictment

:

f

ormal

document

accusing

a

person

of

committing

an

indictable

offence

;

r

ead

out

to

the

accused

at

trialSlide20

Form of indictment

Headed

with

the

name

of

the

case

and

the

place

of

trial

Statement

of

offence

,

stating

what

crime

has

allegedly

been

committed

,

followed

by

particulars

of

the

offence

If

the

accused

is

charged

with

more

than

one

offence

,

each

allegation

and

charge

appears

in

a separate

paragraph

called

a

countSlide21

TYPES OF CRIME

Offences

against

the

State

and

public

peace

and

order

(

treason

,

sedition

,

unlawful

assembly

,

riot

,

incitement

to

racial

hatred

,

conspiracy

,

perjury

,

public

mischief

,

etc

.)

Offences

against

the

person

(

murder

,

manslaughter

,

infanticide

,

assault

,

battery

,

rape

,

bigamy

)

Offences

against

property

(

theft

,

robbery

,

burglary

,

fraud

,

blackmail

,

forgery

,

malicious

damage

,

handling

stolen

goods

)Slide22

Punishment

A

penalty

imposed on a

defendant

duly

convicted

of

a

crime

by

an

authorized

court

Declared

in

the

sentence

of

the

court

Basic

principles

: 1)

nullum

crimen

sine lege (no

crime

without

a

law

), 2)

nulla

poena sine lege (no

punishment

without

a

law

)Slide23

No punishment

without

law

Art. 7 (1) ‘No one

shall

be

held

guilty

of

any

criminal

offence

on

account

of

any

act

or

omission

which

did

not

consitute

a

criminal

offence

under

national

law

or

international

law

at

the

time it

was

committed

’Slide24

Criminal law and human rights

The

right

to a fair

trial (

Art

. 6 (1)

The

presumption

of

innocence

(

Art

. 6 (2)

No

punishment

without

law

(

Art

. 7 (1)Slide25

Other Convention

rights

The

right

not to

be

subjected

to

inhuman

or

degrading

treatment

(

Art

3(1)

The

right

of

respect

for a

person

’s

private

life (

Art

8)

No

discrimination

on

the

grounds

of

sex

, race,

colour

,

religion

or

political

opinion

(

Art

14)Slide26

Exemptions from criminal liability

A

person

can

be

exempted

from

criminal

liability

if

:

A)

something

had

deprived

them

of

their

free

will

and

control

(

insanity

,

coercion

),

or

B) s/he

is

one

of

the

class

of

persons

subject

to

special

rules

(

foreign

sovereigns

,

diplomats

,

minors

)Slide27

Limitations on capacity

Children

under

the

age

of ten

Mentally

ill

persons

:

unfitness

to

plead

,

insanity

at time

of

offence

,

diminished

responsibility

Corporate

liabilitySlide28

Children under

the

age

of 10

S50

Children

and

Young

Persons

Act

1933 ‘it

shall

be

conclusively

presumed

that

no

child

under

the

age

of

ten

can

be

guilty

of

any

offence

’ –

doli

incapax

presumption

S34

Crime

and

Disorder

Act

1998

abolished

the

presumption

that

a

child

aged

10 to 13

is

incapable

of

committing

an

offence

; a

child

aged

10

and

over

is

considered

to

be

‘as

responsible

for

his

actions

as

if

he

were

40’Slide29

Children aged

ten

and

over

For all but

the most serious

offences

children

(10-13)

and

young

persons

(14-17) are

tried

in

the

Youth

Court

Where

a

child

or a

young

person

is

tried

in

the

Crown

Court

special

arrangements

must

be

made

to

allow

him

to

participate

effectively

in

the

trial

Sentencing

powers

–

different

from

those

for

adultsSlide30

Mentally ill

persons

Where

the

defendant is

unable

to

understand

the

charge

against

him

so

as to

be

able

to

make

a

proper

defence

, he

may

be

found

unfit

to

plead

(

Criminal

Procedure (

Insanity

)

Act

1964)

Where

a

person

is

fit

to

plead

but is

found

to

be

insane

at

the

time he

committed

the

offence

a

special

verdict

of

‘

Not

guilty

by

reason

of

insanity

’ is

given

by

the

jury

’Slide31

Diminished responsibility

A

partial

defence

which is

only

available

on a

charge

of

murder

operates

where

a

person

suffers

from

an

abnormality

of

the

mind

which

substantially

impairs

his

mental

responsibility

for his

acts

or

omissions

in

doing

or

being

a

party

to

the

killing

(s2

Homicide

Act

1957)

If

the

defence

is

successful

the

charge

of

murder

is

reduced

to

manslaughterSlide32

Corporate liability

A

corporation

–

a legal

person

A corporation

cannot

be

convicted

of

an

offence

where

the

only

punishment

available

is

physical

,

e.g

. life

imprisonment

for

murder

A

corporation

cannot

commit

crimes

of

a

physical

nature,

such

as

bigamy

,

rape

or

perjury

,

though

it

may

be

possible

for a

corporation

to

be

liable

as

an

accessory

A

corporation

can

be

liable

for

manslaughterSlide33

Assisting offenders

Incitement

,

assisting

offenders

,

concealing

offences

,

giving

false

information

–

punishable

offencesSlide34

Strict liability

Liability

for a

crime

imposed

without

the

necessity

of

proving

mens

rea

(

e

.g

.

offences

relating

to

the

production

and

marketing

of

food

,

offences

relating

to

road

traffic

)Slide35

ACCUSATORIAL PROCEDURE

Accusatorial

(

adversary

procedure):

A system

of

criminal

justice

in

which

conclusions

as to

liability

are

reached

by

the

process

of

prosecution

and

defence

. Slide36

INQUISITORIAL PROCEDURE

In

countries

where

Roman

law

is

applied

, a procedure

by

which

an

examining

magistrate

has

the

duty

to

investigate

a

case

and

produce

evidenceSlide37

ACCUSATORIAL (OR ADVERSARY) PROCEDURE

A procedure

in

common

law

countries

where

each

side

collects

and

presents

their

own

evidence

and

attacks

their

opponent’s

by

cross

examinationSlide38

ACCUSATORIAL PROCEDURE

It

is

the

primary

duty

of

the

prosecutor

and

defence

to press

their

respective

viewpoints

within

the

constraints

of

the

rules

of

evidence

while

the

judge

acts

as

an

impartial

umpire

,

who

allows

the

facts

to

emerge

from

this

procedure

. Slide39

Criminal trials

Most

cases

–

magistrates’

courts

(summary

offences

):

before

magistrates

or

a

district

judge

:

facts

and

legal

issues

The

Crown

Court –

indictable

offences

:

before

the

judge

(

legal

issues

)

and

the

jury

(

facts

)

The

Youth CourtSlide40

CRIMINAL TRIAL

The

accused

enters

the

dock

(‘

part

of

a

court

where

an

accused

prisoner

stands

’)

The

charge

is

read

out

The

accused

pleads

‘

guilty

’

or

‘

not

guilty

’

On a “

guilty

plea

”,

the

Magistrates

’ Court

can

either

proceed

to sentence

or

commit

to

the

Crown

Court for sentence

On a ‘

not

guilty

plea

’

the

trial

proceeds

to

establish

the

person’s

guilt

or

innocenceSlide41

STAGES OF A CRIMINAL TRIAL

1. Accusation

2. Jury sworn in

3. Prosecution opening speech

4. Prosecution evidence

5. Defence opening speech

6. Defence evidence7. Prosecution closing speech

8. Defence closing speech

9. Judge’s summing up

10. Jury’s verdict

11. SentenceSlide42

THE JURY

Trial

by

jury

–

an

ancient

and

important

feature

of

English

justice

;

the

main

element

in

criminal

trials

in

the

Crown

Court

Jury

membership

–

in

the

past,

linked

to

the

ownership

of

propertySlide43

THE JURY

Today

–

before

the

start

of a

criminal

trial

, 12

jurors

are

chosen

from

a list

of

some 30

names

randomly

selected

from

local

electoral

registers

They

listen

to

the

evidence

and

give

their

verdict

on

the

factsSlide44

The Jury

If

a

jury

cannot

reach a

decision

,

it

will

be

discharged

and

a

new

one

sworn

in

Until

1967

the

verdict

had to

be

unanimous

Today

: a

majority

verdict

(ten to

two

)Slide45

The Jury System

safeguards

individual

liberty

and

justice

;

the

ordinary

citizen’s

link

with

the

legal

process

Criticism

:

high

acquittal

rates

;

subjective

jurors

;

intimidation

of

jurors

;

costsSlide46

THE JUDGE

Controlling

influence

in

the

battle

between

defence

and

prosecution

Applies

the

rules

of

the

court

and

gives

directions

on procedure

and

evidence

Should

not

interfere

nor

show

bias

Passes

sentenceSlide47

Purposes of sentencing

Punishment

(

retribution

)

Public

protection

Crime

reduction

Reparation

Rehabilitation

of

offendersSlide48

TYPES OF PUNISHMENT

Unconditional discharge

(if it is a person’s first offence, and if it is not serious)

Conditional discharge

(the accused is set free but if he commits another crime within a stated time, the first crime will be taken into account; he may be put on probation: regular meetings with a social worker)

Fine

Community serviceSlide49

Types of Punishment

Imprisonment

Life sentence

Death

penalty

–

abolished

in

the

UK

in

1965 (

except

for

treason

);

in

1998

the

home

secretary

signed

the

6th

protocol

of

the

European

Convention

of

Human Rights

which

formally

abolished

the

death

penalty

in

the

U.K.Slide50

CRIMINAL APPEALS

The

Court

of

Appeal

(

Criminal

Division

):

1)

The

conviction

may

be

quashed

(

the

jury’s

previous

verdict

is

overruled

and

the

accused

is

pronounced

‘

not

guilty

’

2)

The

sentence

may

be

reduced

The

Supreme

Court:

Either

prosecutor

or

defendant

my

appeal

on a

point

of

law

of

general

public

importanceSlide51

The royal prerogative of mercy

The

power to pardon

convicted

individuals

exercised

by

the

Crown

on

the

advice

of

the

Home

Secretary

:

1) A free pardon:

quashing

a

conviction

2) A

conditional

pardon:

excusing

or

varying

the

conviction

subject

to

conditions

3)

Remission

of

a sentence (‘

reduction

of

a

prison

sentence’)Slide52

Read the

text

and

answer the

following

questions

What

is

criminal

law

concerned

with

?

What

is

the

purpose

of

criminal

law

?

What

is

a

crime

?

What

are

two

basic

elements

of

a

crime

?

What

is

the

role

of

the

prosecutor

?

What

is

the

criterion

for

classification

of

offences

in

English

law

?

What

are

the

features

of

the

adversarial

system?

Which

courts

try

which

offences

?

What

are

the

purposes

of

sentencing

?

What

are

the

main

types

of

punishment

?Slide53

Classify the

following

:

burglary, assault

causing

bodily

harm

,

manslaughter

,

rape

,

theft

,

driving

offences

,

common

assault

,

obtaining

property

by

deception

Summary

Triable

either

way

IndictableSlide54

Put the steps

in

the correct order

Reviewing

a

case

by

CPS

Bringing

a

prosecution

Sending

the

suspect

to

court

Releasing

the

suspect

on

bail

Investigating

a

crime

Detaining

a

suspect

in

custody

Arresting

a

suspectSlide55

Explain the

following

terms

To

bear

the

burden

of

proof

Presumed

to

be

innocent

To

hold

a

person

liable

for

breaking

the

law

Ignorance

of

the

law

is

no

excuse

To

persuade

the

judge

/

jury

beyond

reasonable

doubt

To prove

beyond

reasonable

doubtSlide56

Match each

verb

with a noun: „(

not

) guilty”,

the

law

(2x),

in

custody

,

bail

, a sentence, a

warrant

of

arrest

, a

charge

, a

criminal

offence

, a

rule

To

violate

_____________

To

issue

________________

To

grant

_______________

To

detain

______________

To

breach

_____________

To

plead

_________________

To

impose

_______________

To

bring

_________________

To

commit

______________

To

break

_________________Slide57

Basic intent

crimes

vs.

Specific

intent crimes

Basic

intent

crimes

–

crimes

based

on

recklessness

or

negligence

;

the

defendant

intended

the

conduct

but

not

the

result

(

negligent

homicide

,

arson

)

Specific

intent

crimes

–

intentional

crimes

where

the

defendant

intended

both

the

conduct

and

the

result

(

murder

)Slide58

Match the

defences

with their

definitions

: involuntary

intoxication

,

infancy

,

insane

automatism

,

self-defence

,

duress

,

voluntary

intoxication

,

necessity

1. A

state

in

which

a

person’s

physical

and

mental

capabilities

are

impaired

by

the

voluntary

intake

of

any

alcohol

or

drug

can

be

used

as

evidence

to

disprove

the

mens

rea

of

specific

but

not

basic

crimes

___________________

2.

Lack

of

mens

rea

due

to

involuntary

intoxication

is

a

defence

to

crimes

of

both

specific

and

basic

intent

___________

3. A

child

under

the

age

of

10

is

not

criminally

responsible

_______

4. A

defendant

is

insane

if

suffering

from

a

defect

of

reason

so

as

not

to

know

what

s/he

is

doing

or

not

to

know

that

it

is

wrongSlide59

Match the

defences

with

their definitions:

involuntary

intoxication,

infancy

,

insane

automatism

,

self-defence

,

duress

,

voluntary

intoxication

,

necessity

5.

The

defendant’s

will

must

be

overborne

by

a

threat

of

death

or

serious

personal

injury

(no

defence

to

murder

or

attempted

murder

)

_____________________

6.

It

may

be

available

as a

defence

where

the

defendant’s

action

arises

from

a

fear

of

death

or

serious

injury

(no

defence

to

murder

except

in

highly

exceptional

circumstances

)_________

7. A

person

is

entitled

to use

reasonable

force

in

defence

of

themselves

or

another

and

also

to

prevent

a

crime

or

effect

an

arrest

._______________Slide60

Discussion

What

are

the

advantages

and

disadvantages

of

the

adversarial

and

the

inquisitorial

procedures

?Slide61

Research

How are

criminal

offences classified

in the

USA?

How are

they

classified

in

Croatia?