Criminal law Crime - PowerPoint Presentation

Criminal law Crime , Justice and the Law

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 trial

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

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. __________________

Criminal law Involves prosecution by the state of a person for an act that has been classified as a crime

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 1985

Purposes of Criminal L aw 1. to protect individuals and their property from harm 2. to regulate social behaviour 3. to provide sanctions

DEFINITION OF CRIME Crime : offence against community, punishable by the State An illegal act which may result in prosecution and punishment by the state

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)

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 )

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 ’

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)

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 about

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 them

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 doubt

CATEGORIES OF CRIMINAL OFFENCE Summary offences Indictable offences Offences triable either way

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 jury

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 culpability

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 trial

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 count

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 )

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 )

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 ’

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)

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)

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 )

Limitations on capacity Children under the age of ten Mentally ill persons : unfitness to plead , insanity at time of offence , diminished responsibility Corporate liability

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’

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 adults

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 ’

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 manslaughter

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 manslaughter

Assisting offenders Incitement , assisting offenders , concealing offences , giving false information – punishable offences

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 )

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 .

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 evidence

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 examination

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 .

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 Court

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 innocence

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. Sentence

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 property

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 facts

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 )

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 ; costs

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 sentence

Purposes of sentencing Punishment ( retribution ) Public protection Crime reduction Reparation Rehabilitation of offenders

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 service

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.

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 importance

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’)

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 ?

Classify the following : burglary, assault causing bodily harm , manslaughter , rape , theft , driving offences , common assault , obtaining property by deception Summary Triable either way Indictable

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 suspect

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 doubt

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 _________________

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 )

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 wrong

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 ._______________

Discussion What are the advantages and disadvantages of the adversarial and the inquisitorial procedures ?

Research How are criminal offences classified in the USA? How are they classified in Croatia?