UNIT 14 Criminal Law Snježana Husinec, PhD shusinec@pravo.hr

Civil law vs. Criminal law Consider the following case: A man was driving too fast along a road in a city suburb and as a result he knocked down and badly injured a pedestrian. Was a civil or criminal wrong committed, or both?

Civil law vs. Criminal law criminal wrong – reckless driving civil wrong – negligence different legal consequences under criminal and civil law CRIMINAL LAW CIVIL LAW prosecuted by the police for reckless driving in the criminal courts sued by the victim for negligence in the civil courts

Vocabulary practice – Different types of torts and crimes Are the following wrongs civil , criminal or both? Sort them out. theft / rape / manslaughter / medical negligence / negligent damage to private property / assault / trespass / defamation / fraud / false imprisonment / marital dispute / domestic violence / arson / bribery / forgery / kidnapping / CRIMINAL WRONGS (CRIMES) CIVIL WRONGS (TORTS)

Vocabulary work – Different types of crimes and torts – Answer key CIVIL WRONGS CRIMINAL WRONGS (CRIMES) medical negligence negligent damage to private property trespass assault fraud false imprisonment marital dispute defamation domestic violence arson bribery forgery kidnapping theft rape manslaughter

Civil law vs. Criminal law is concerned with disputes between individuals action is taken by the aggrieved party CLAIMANT vs DEFENDANT (PLAINTIFF) defendant liable on the BALANCE OF PROBABILITIES eg. marital dispute, hire-purchase problems, trespass, negligence etc. is concerned with wrongs committed against an individual but regarded as harmful to society as a whole action is taken against the wrong- doer in the name of society PROSECUTOR vs DEFENDANT eg. stealing, robbery, murder, rape, embezzlement, arson etc.

Civil law vs. Criminal law - different procedure; different outcome; different terminology Civil proceedings Criminal proceedings a prosecutor prosecutes (brings a case against) a defendant = criminal prosecution a verdict – a decision of a jury conviction (if prosecution successful) or acquittal a sentence – the punishment given by a judge based on the verdict defendant punished by a variety of punishments (imprisonment, fine, probation etc.) guilty # not guilty - liable # not liable - BURDEN OF PROOF – defendant guilty beyond reasonable doubt a claimant sues (brings an action against) a defendant = a lawsuit judgement for the claimant (if the proceedings are successful) remedy – damages, injunction, specific performance … liable # not liable - defendant liable on the BALANCE OF PROBABILITIES

Part One: Crime, Justice and the Law I Discuss questions in ex. I, p. 127 with your partner. II Who are the persons who involved in a criminal trial? Do ex. II, p. 127. Find the Croatian equivalents and match the persons with their activities. III Try to complete the sentences in ex. III. Scan the text on p. 128 and check your answers.

Defininig a crime Discuss the following questins. What is criminal law concerned with? What is the purpose of criminal law? What is a crime? Read the first paragraph of the text Defininig a crime and find the answers. Read the rest of the text and answer questions 4 and 5.

Elements of a crime:Mens rea and Actus reus ‘actus reus’ = guilty act society has chosen to punish only bad deeds ‘mens rea’ = (the intetnion to carry out a criminal act) = a guilty mind it is wrong for society to punish those who innocently cause harm Mens rea and actus reus must occur simultaneously. Example 1: John Doe shoots Bob Roe with the intent to kill, but misses completely. Doe later accidentally runs over Roe, resulting in Roe's death. Is Doe guilty of murder?

‘Mens rea’ and ‘actus reus’- Examples R v Le Brun [1991] 3 WLR 653. The defendant punched his wife on the chin knocking her unconscious. He did not intend to cause her serious harm. The defendant attempted to move her body, and in the course of so doing dropped her, causing her head to strike the pavement. His wife sustained fractures to the skull that proved fatal. Did he commit manslaughter?

R v Le Brun [1991] 3 WLR 653. The defendant's appeal against his conviction for manslaughter was dismissed by the Court of Appeal. Lord Lane CJ said: "It seems to us that where the unlawful application of force and the eventual act causing death are parts of the same sequence of events, the same transaction, the fact that there is an appreciable interval of time between the two does not serve to exonerate the defendant from liability. That is certainly so where the appellant's subsequent actions which caused death, after the initial unlawful blow, are designed to conceal his commission of the original unlawful assault."

‘Mens rea’ and ‘actus rea’ – strict liability Example 3: Harrow LBC v Shah and Shah (1999) QBD. The owners of a shop were aware of the rules about the sale of lottery tickets.  They put up notices in their shop, and told staff not to sell any tickets to anyone under the age of 16.  Nevertheless one of their staff sold a ticket to an under-age boy, even though he seemed older.  Were they guilty?

Harrow LBC v Shah and Shah (1999) QBD. They were guilty, because their liability was strict.  No mens rea was needed for the age of the boy. For some crimes there is no need for the prosecution to prove mens rea. This could be for the whole offence, or for one element of it.  These are known as crimes of strict liability. Most of these have been created by statute.  They are designed to protect the public, and are generally minor offences

Classification of criminal offences under English law - What do you think is the criterion for classification of criminal offences? Read part two of the text and find the answer. Do ex. V on p. 130.

Adversarial (adversary) system of justice - What do you think are the steps in the criminal procedure. - Who brings the prosecution and what needs to be done prior to that? Read part three and find the features of adversarial (adversary or accusitorial) system of law. What is the alternative to adversarial system of law in civil law jurisdiction? Learn more about the adversarial (adversary) system at the following link https://www.youtube.com/watch?v=_FPBsItX1xk Do ex. X on p. 133. Do ex. XI on p. 133.

Criminal procedure I Read the text and do ex. VI p. 131. II Take notes on the following: CPS Magistrates’ Court Crown Court Which offences are tried by which courts?

Sentencing - What types of penalties are possible in criminal law? - What are the purposes of sentences? Read the text and find the answers to questions 9 and 10, p. 130. Do ex. VII and VIII. HA: Translate Article 8 of the Croatian Criminal Act – Ex. XII p. 133 Research into the classification of criminal offences under US criminal law.

Exemption from Criminal Liability Can a criminal act ever be justifiable? What defences can possibly be used to exempt a criminal defendant from liability? …

English Criminal Law vs. Croatian Criminal Law HA: Compare aticle 8. and 10. of the Croatian Criminal Law Act with the English criminal law. Translate Article 8 of the Croatian Criminal Law Act – Ex. XII p. 133 Research into the classification of criminal offences under US criminal law.