CRIME

Unit 19

Preview

1. 2. 3. 4. 5. 6. 7. 8.

Definition What constitutes a crime? Burden of proof Prosecution Categories of criminal offence Exemptions from criminal liability Legal terms Exercises

Purpose of criminal law?

Protect individuals and their property from harm Preserve order in society Punish those who deserve punishment

DEFINITION

Crime: offence against community, punishable by the State

DEFINITION

An illegal act which may result in prosecution and punishment by the state

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)

Actus reus

An act (e.g. appropriation of property) accompanied by specified circumstances (e.g. that the property belongs to another) Sometimes: an omission to act (e.g. failure to prevent death may be a. r. of manslaughter) or it may include a specific consequence (death being the consequence required for the a. r. of murder or manslaughter)

Actus reus

Sometimes: a.r. may be a state of affairs rather than an act (e.g. being unfit to drive through drink or drugs when in charge of a motor vehicle on a road)

Mens rea

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)

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 (teko kazneno djelo) 3) misdemeanour (lake 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 nonarrestable 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 Other specific powers that applied in the case of arrestable offences - transferred to the category of indictable offences

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.)

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)

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

Assisting offenders

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

Legal terms

Crime kazneno djelo; kriminal; kriminalitet; zloin (crime against humanity zloin protiv ovjeanstva; war crime ratni zloin)

Legal terms

Indict /indait/ to charge with a crime; podii optunicu Indictment /indaitmnt/ a written statement of the details of the crime with which someone is charged in the Crown Court; optuni prijedlog

Legal terms

Indictable offence /indaitbl fens/a serious offence which is tried in the Crown Court; teko kazneno djelo; kazneno djelo koje se goni po slubenoj dunosti

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 pale, podmetanje poara assassination atentat assault napad; pokuaj nanoenja ozljede bigamy bigamija, dvoenstvo blackmail ucjena bribery mito burglary provalna kraa

Translation equivalents

embezzlement pronevjera espionage pijunaa extortion iznuda Forgery krivotvorenje fraud prijevara libel kleveta, pisana uvreda manslaughter ubojstvo iz nehaja, ubojstvo na mah murder ubojstvo s predumiljajem

Translation equivalents

perjury krivokletstvo, lano svjedoenje, lana prisega, davanje lanog iskaza piracy bespravno umnoavanje, tiskanje robbery razbojnitvo, razbojnika kraa slander usmena kleveta smuggling krijumarenje theft kraa treason izdaja

Whats 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

Whats 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

Whats the difference?

Slander? Libel?

The difference is...

Slander: an untrue spoken statement which damages someones character Libel: a published or broadcast statement which damages someones character

Whats 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 someones 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 someones character

2. Name the crime

I arrived home late and found that Id forgotten my keys. I didnt 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. Weve just moved house and I didnt 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. Thats 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 its 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. Thats perfectly true, but I had no intention of selling them. Im a collector.

2. Name the crime

Well, this obviously isnt my suitcase. Ive never seen these things before in my life. The monogram? Well, they are my initials, but that must be a coincidence. Thats probably how the two cases got mixed up. After all, JA arent very unusual initials. A photograph with me in it? My word, thats incredible! It must be someone who knows me...

2. Name the crime

I didnt know my wife was still alive, I thought shed died in a car accident. I couldnt believe it when I saw her walk into the room. Surely you dont 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 isnt easy and I know that. I just wanted to help. I didnt expect him to do anything in return...

2. Name the crime

After leaving the office i realised Id 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 didnt 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 dont 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 thats 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 Im 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 didnt 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.