1. CRIME
Unit 19

2. Preview 1. Definition 2. What constitutes a crime? 3. Burden of proof
4. Prosecution
5. Categories of criminal offence
6. Criminal law and human rights
7. Exemptions from criminal liability
8. Legal terms
9. Exercises

3. Purpose of criminal law?
Protect individuals and their property from harm
Preserve order in society
Punish offenders
Enforce moral values?

4. Should the law enforce moral values?
Intervention in private lives should only be (Wolfenden Committee 1957):
To preserve public order and decency
To protect the citizen from what is offensive and injurious
To provide safeguards against exploitation and corruption of others, esp. those who are especially vulnerable

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

6. DEFINITION
“A crime is a conduct forbidden by the State and 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

7. Example of the changing nature of criminal law
The Criminal Law Amendment Act 1885 criminalised consensual homosexual acts between adults in private
The Sexual Offences Act 1967 decriminalised such behaviour between those aged 21 and over
The Criminal Justice and Public Order Act 1994 decriminalised such behaviour for those aged 18 and over
In 2000 the Government reduced the age of consent for homosexual acts to 16, though the Parliament Act had to be used as the House of Lords voted against the change in the law

8. Judicial law-making
Marital rape has been criminalised by the decisions of judges (R v R 1991)

9. 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)

10. 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’

11. 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)

12. 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

13. 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

14. 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

15. 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

16. Prosecution Criminal prosecutions – in the name of the Crown
The duty of conducting p.: Crown Prosecution Service (CPS), created by Prosecution of Offences Act 1985

17. 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)

18. 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’

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

20. Summary offence
Summary offence a minor crime which can be tried summarily, i.e. before magistrates (e.g. common assault);
Prosecutions must be started within 6 months of the commission of the offence

21. Offences triable either way
Cases which can be heard in either the Magistrates' Court or the Crown Court (theft, burglary)

22. Indictable offences
Serious crimes which may be tried on indictment in the Crown Court (murder, manslaughter, rape)

23. Indictment
Formal document accusing a person of committing an indictable offence
Read out to the accused at trial

24. 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

25. Indictable offences (before the Criminal Law Act 1967):
1) treason (izdaja)
2) felony (teško kazneno djelo)
3) misdemeanour (lakše kazneno djelo; prijestup)

26. Treason
Death penalty was abolished in the UK in 1998 after ratification of the 6th Protocol of the Convention on Human Rights

27. Indictable offences 1) treason 2) arrestable offences
3) other indictable offences

28. Arrestable offences
A former category of offence defined by the Police and Criminal Evidence Act 1984
Any offence carrying a sentence of at least 5 years’ imprisonment

29. Arrestable offences
Where a police officer had reason to suspect that an arrestable offence had been, or was about to be, committed, he enjoyed specific powers of arrest, entry and search that did not apply to non-arrestable offences

30. Arrestable offences
The distinction between arrestable and other offences – abolished by the Serious Organized Crime and Police Act 2005, which gives the police power to arrest anyone where they consider this “necessary”

31. Categories for police powers of detention
Summary offences (24 hrs)
Indictable offences (24-36-max.96 hrs)
Terrorism offences (48 hrs – 28 days: Terrorism Act 2000, Schedule 8 as amended by the Terrorism Act 2006)

32. TYPES OF HARM CAUSED BY THE CRIME
Offences against the State and public peace and order (treason, sedition, unlawful assembly, riot, incitement to racial hatred, conspiracy, perjury, public mischief, etc.)

33. Types of crime
Offences against the person (murder, manslaughter, infanticide, assault, battery, rape, bigamy)

34. Types of crime
Offences against property (theft, robbery, burglary, fraud, blackmail, forgery, malicious damage, handling stolen goods)

35. 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)

36. 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)

37. 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)

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

39. 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

40. Children aged ten and over
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’

41. 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

42. 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’

43. 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

44. 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 (P&O European Ferries (Dover) Ltd (19919

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

46. Legal terms
Crime kazneno djelo; kriminal; kriminalitet; zločin (crime against humanity zločin protiv čovječanstva; war crime ratni zločin)

47. Legal terms Indict /in’dait/ to charge with a crime; podići optužnicu
Indictment /in’daitmƏnt/ a written statement of the details of the crime with which someone is charged in the Crown Court;
optužni prijedlog

48. Legal terms
Indictable offence /in’daitƏbl Ə’fens/a serious offence which is tried in the Crown Court;
teško kazneno djelo; kazneno djelo koje se goni po službenoj dužnosti

49. Examples
Arson, assassination, assault, bigamy, blackmail, bribery, burglary, embezzlement, espionage, extortion, forgery, fraud, libel, manslaughter, murder, perjury, piracy, robbery, slander, smuggling, theft, treason

50. Translation equivalents
Arson palež, podmetanje požara assassination atentat
assault napad; pokušaj nanošenja ozljede bigamy bigamija, dvoženstvo
blackmail ucjena
bribery mito
burglary provalna krađa

51. Translation equivalents
embezzlement pronevjera
espionage špijunaža
extortion iznuda
Forgery krivotvorenje
fraud prijevara
libel kleveta, pisana uvreda
manslaughter ubojstvo iz nehaja, ubojstvo na mah
murder ubojstvo s predumišljajem

52. Translation equivalents
perjury krivokletstvo, lažno svjedočenje, lažna prisega, davanje lažnog iskaza piracy bespravno umnožavanje, tiskanje robbery razbojništvo, razbojnička krađa slander usmena kleveta
smuggling krijumčarenje
theft krađa
treason izdaja

53. What’s the difference?
Assassination?
Manslaughter?
Murder?

54. The difference is... assasination murder of a well-known person
manslaughter killing someone without having intended to do so, or killing someone intentionally but with mitigating circumstances
murder killing someone intentionally

55. What’s the difference? Burglary? Embezzlement? Extortion? Robbery?
Theft?

56. The difference is...
Burglary going into a building, usually by force, and stealing things
Embezzlement using illegally or stealing money which you are responsible for as part of your work
Extortion getting money by threats

57. The difference is…
Robbery stealing something using force or threatening to use force
Theft taking of property which belongs to someone else

58. What’s the difference?
Slander?
Libel?

59. The difference is...
Slander: an untrue spoken statement which damages someone’s character
Libel: a published or broadcast statement which damages someone’s character

60. What’s the difference?
Piracy?
Forgery?

61. The difference is...
Forgery the crime of making an illegal copy of something such as document or banknote to use as if it were real
Piracy the activity of copying patented inventions or copyright works

62. Match the crimes to definitions:
Arson, assassination, assault, bigamy, blackmail, bribery, burglary, embezzlement, espionage, extortion, forgery, fraud, libel, manslaughter, murder, perjury, piracy, robbery, slander, smuggling, theft, treason

63. Name the crime
1._______acting in such a way as to make someone believe he or she will be hurt
2. ______betraying your country to a foreign power
3. ______copying patented inventions or copyrighted works
4. _____entering a building illegally and stealing things

64. Name the crime
5.____getting money from people by threatening to publicise facts they do not want revealed
6. ____getting money from people using threats
7. ____getting property or money from people by making them believe untrue things
8. ___going through a ceremony of marriage when you are still married to someone else

65. Name the crime
9. ____killing a public figure illegally and intentionally
10. ____killing someone illegally and intentionally
11. ____killing someone unintentionally or in mitigating circumstances
12. ____making an illegal copy of a banknote or document

66. Name the crime
13. ___offering money corruptly to get someone to do something to help you
14. ___saying something which damages someone’s character
15. ____setting fire to a building
16. ____stealing something by using force or threatening to use force
17. ____stealing, taking property which belongs to someone else

67. Name the crime 18. ____taking goods illegally into or out of a country
19. ___telling lies when you have sworn an oath to say what is true in court
20. ___trying to find out secrets by illegal means
21. ___using illegally or stealing money which you are looking after for someone else
22.___writing, publishing or broadcasting a statement which damages someone’s character

68. 2. Name the crime
“I arrived home late and found that I’d forgotten my keys. I didn’t want to wake my wife up, and I saw there was a ladder in the garden of the house next door. I got the ladder and climbed in. We’ve just moved house and I didn’t realise I was in the wrong street...”

69. 2. Name the crime
“I was walking my dog when I saw the gun lying on the ground. I picked it up – it was still warm – and at that moment I saw the body lying in the long grass. I went across to look and it was my business partner. That’s when the police arrived...”

70. 2. Name the crime
“I opened the bank account in a false name as a way to help my employer pay less tax – it’s perfectly legal. I kept meaning to tell him, but somehow I just forgot. I bought the villa in France with my own money. It was an inheritance...”

71. 2. Name the crime
“”OK, so there are 123 copies of the video. That’s perfectly true, but I had no intention of selling them. I’m a collector.”

72. 2. Name the crime
“Well, this obviously isn’t my suitcase. I’ve never seen these things before in my life. The monogram? Well, they are my initials, but that must be a coincidence. That’s probably how the two cases got mixed up. After all, JA aren’t very unusual initials. A photograph with me in it? My word, that’s incredible! It must be someone who knows me...”

73. 2. Name the crime
“I didn’t know my wife was still alive, I thought she’d died in a car accident. I couldn’t believe it when I saw her walk into the room. Surely you don’t think I married you just to get your money...?”

74. 2. Name the crime
You misunderstood me. When I offered him the money I meant it as a gift. I know that life can be difficult for a young man on a police salary, especially if he has a family, young children etc. It isn’t easy and I know that. I just wanted to help. I didn’t expect him to do anything in return...”

75. 2. Name the crime
“After leaving the office i realised I’d forgotten my umbrella. I went back in to get it. When I went in I noticed that the photocopier was still turned on. It had been working very badly all day, and I decided to quickly see what was wrong with it before going home. I made a few test copies of documents that were in the office; I didn’t even look at what I was copying. The machine seemed to be working much better. I put the copies in my briefcase – intending to use the other side as notepaper. I don’t believe in wasting paper. At that moment Mr Sanders came out of his office...”

76. 2. Name the crime
“I painted them for pleasure. I had no intention of deceiving people. I never said they were by other people. Yes, I did include the signatures of other artists but that’s because I wanted them to be perfect copies...”

77. 2. Name the crime
“Mr. Williams sent me the money to help me in my business venture – I’m trying to start a design agency. He sent me cheques every month for $1200. A couple of times he sent extra when I had special expenses. It was always understood that he would participate in the profits of the business when it was running. We didn’t write anything down, it was an oral agreement. The photographs I have of him with his secretary have no connection with these payments.”

78. Assignment
Write a defence for another crime and show it to other students in your class. See if they can guess what crime you are thinking of.