CRIME Unit 19.

Slides:



Advertisements
Similar presentations
Criminal Law Chapter 5.
Advertisements

Criminal Law and Procedure
Criminal Law and Procedure
CHAPTER 2: CRIME Area of Study 2: Criminal Law. The need for criminal law Read The need for criminal law, Definition of a crime, Elements of a crime,
Lecturer: Miljen Matijašević G10, room 6/I, Tue 15:30-16:30 Session 2, 14 Oct 2014.
Criminal Law A2 Mrs Howe.
Chapter 10 Criminal Law and Procedure. 2 Civil Law and Criminal Law Major differences: Civil (Tort)Criminal PreponderanceBeyond Reasonable Doubt DamagesJail.
AREA OF STUDY 2 The criminal law PART 2. In this part you will learn about: the principles of criminal liability, crimes and defences the criminal investigation.
Crime.
CHAPTER 5 Crimes.  Civil Crimes – individual v individual  Criminal Crimes – individual v society  Crimes is a punishable offense against society in.
Definition Any act committed or omitted that violates the law, is against the community and is punishable by the state to commit a crime, a commission.
CRIME Unit 19.
Crimes and Meanings Pages General Considerations Every crime is made up of elements. 1. Act and intent – person intended to commit a crime. 2.
A guilty state of mind: means that the prohibited act was done intentionally, knowingly, or willingly. When lawyers discuss the requirement for a guilty.
Chapter 5 Test Review Test Friday.
Miljen Matijašević Office: G10, room 6 (1st floor) Tue, 15:30-16:30.
The criminal courts; procedure and sentencing
Elements of Criminal Liability
Criminal Law What is a crime? Basics Elements of Crime.
U.S. Government Chapter 15 Section 3
Ch.6 - Introduction to Criminal Law. What is a crime? ► An action, or omission of an action, that is prohibited by the criminal code. ► Behaviour that.
CRIMINAL LAW Crime and Punishment. The Basics of Criminal Law Regulates public conduct Sets out duties owed to society Legal action that can ONLY be brought.
© 2011 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license.
Our Criminal Law Chapter 5.
Chapter 4 The Law.
Criminal Law Exam Review
Quick! What is a crime?. So, just how much has to be proven in court to find someone guilty of a crime? Burden of Proof The prosecution has the burden.
Our Criminal Laws. A punishable offense against society Society (through police & prosecutors) attempts to identify, arrest, prosecute, and punish the.
 The list of excuses to absolve oneself of criminal responsibility.  For example: "I was framed," "The devil made me do it," "I didn't know it was a.
Criminal Law.
Criminal Law. Criminal law deals with the most serious kinds of harm that people can cause each other, or society. Although it is true that there are.
Criminal Law Business Law Mr. DelPriore. What is a crime? Punishable offense against society We identify, arrest, prosecute, punish To protect us! Crimes.
Basic Facts of Criminal Law. 1. Crime: A punishable act committed or omitted in violation of a law a.The law must exist before crime is committed  No.
Introduction to Criminal Law
Chapter 5 Our Criminal Laws Lesson 5-1 Criminal Law.
Criminal Law Chapter 16 Section 2. Types of Crimes Murder- killing someone Murder- killing someone Rape- forced sexual acts Rape- forced sexual acts Kidnapping-
Chapter 5 Crimes. Offenses Against Society When a crime occurs, society, acting through such employees as police and prosecutors, attempts to identify,
Criminal & Civil Law Chapter 15. Where do our laws come from? The Constitution – Constitutional Law The Legislature – Statutory law The Decisions of Judges.
Chapter 5 Our Criminal Laws
Principles of criminal liability Chapter 2.1
1.A guilty state of mind: means that the prohibited act was done intentionally, knowingly, or willingly. 2.When lawyers discuss the requirement for a.
Section 2.1 Crimes and Criminal Justice Section 2.1 Crimes and Criminal Justice A crime is an act that violates the rules of society, or the law.
Criminal Law Chapter 3. Classifications of Crimes Crime: –Considered an act against the public good Plaintiff: –The party that accuses a person of a crime.
What is a crime? Criminal law 1. What are we going to learn about? In this part you will learn about: the principles of criminal liability, crimes and.
Chapter 4 Different types of a crime Copyright © 2010 Pearson Education, Inc. Publishing as Prentice Hall. 5-1.
Chapter 3 Criminal Law. Crime: An act against the public good.
CRIME Unit 19. Preview 1. Definition 1. Definition 2. Purpose of criminal law 2. Purpose of criminal law 3. Classification of offences 3. Classification.
5-1Criminal Law 5-2Criminal Procedure 1Chapter 5 CHAPTER 5 Business Law Mrs. A.
 Crime – _______________________________ _______________________________________  Elements of a Crime: › A duty to do or not to do a certain thing ›
What is a crime? Page 159 A crime is any act or omission of an act that is prohibited or punishable by a federal statute. In plain English, this means.
Underlying principles of criminal liability
Unit Five Criminal and Juvenile Justice Unit Five Crimes are made up of certain elements –The conditions that make up a crime ie Robbery –Taking of goods.
Kissing in public is not a crime in Australia, however in Middle Eastern Countries such as Saudi Arabia, kissing someone of the opposite sex in public.
Chapter 5 Criminal Law.  What two elements must exist before a person can be convicted of a crime?  Can a corporation be liable for a crime?  What.
Lesson Six Criminal Law. 一、 General introduction of criminal law  (一) Concept of criminal law  Criminal Law is a body of rules and statutes that defines.
Civil Law An overview of Tort Law – the largest branch of civil law Highlight the differences between tort law and criminal law How torts developed historically.
Canada’s Justice System Chapter 2 Review. No one, no matter how important or powerful, is above the law - not the government; not the Prime Minister;
Law for Business and Personal Use © Thomson South-Western CHAPTER 4 Criminal Law and Procedure 4-1 Criminal Law 4-2 Criminal Procedure.
A crime is… Against the law Against morality Harmful to society
Chapter 2 – Criminal Law A body of laws that deal with crime and the punishment of criminal offenses.
Crime, Justice and the Law
Criminal Law.
Crime, Justice and the Law
U.S. Government Chapter 15 Section 3
The Crown Court and homicide
Key concepts in the Victorian Criminal Justice System
Law and Order.
Looking ahead: Today: defenses in a court of law
Law For Business And Personal Use
Presentation transcript:

CRIME Unit 19

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

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

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

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

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

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

Judicial law-making Marital rape has been criminalised by the decisions of judges (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

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

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

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

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’

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); Prosecutions must be started within 6 months of the commission of the offence

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

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

Indictment Formal document accusing a person of committing an indictable offence Read 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

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

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

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

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

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

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”

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)

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.)

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

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

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

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’

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

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

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

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

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

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

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

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

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

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

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

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

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

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

What’s the difference? Slander? Libel?

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

What’s the difference? Piracy? Forgery?

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

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

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

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

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

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

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

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...”

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...”

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...”

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.”

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...”

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...?”

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...”

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...”

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...”

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.”

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.