1. Unit 20
Death and the Law

2. I Legal Views of Suicide
have varied widely – historically and culturally
Asian societies – haven’t condemned, but even awarded suicide
(Japan – hara-kiri; India – suttee)
Judaism – forbids self-destruction
Islam – a clear scriptural ban on suicide
Early Christians – ambivalent about suicide (founded on martyrdom,
but virgins who preferred suicide to dishonour were
celebrated)
Christians of the 5th century – suicide – a mortal sin, suicides were denied
Christian burial; Church law influenced
civil law
ancient Athens – suicides denied a normal burial; buried alone on the
outskirts of the city without a headstone or marker
under Louis XIV – the dead person’s body was drawn through the streets,
face down, and then hung or thrown on a garbage heap

3. Suicide under English Law
SUICIDE (the intentional taking of one's own life)
1300s English Common Law made suicide a criminal act (FELONY) - punished by forfeiture of all the goods and chattels of the offender.
English Common Law distinguished a suicide committed by an unsound mind from an “evil doer against himself”, who had coolly decided to end (an infamous crime) – entire estate forfeited to the crown; ignominious burial - corpse dragged through the streets and hung from the gallows, and finally buried beneath a crossroad with a stake driven through the body
– served as a deterrent
by the 17th century – a suicide forfeited only personal property; heirs could get his real estate
until 1879 did not distinguish between suicide and homicide
Suicide Act 1961 – suicide ceased to be an offence; assisting others to kill themselves remains illegal

4. Suicide under US Law never punished as a crime
never penalized by property forfeiture or ignominious burial
listed as a felony in many states, but never enforced
by 1963 – six states considered attempted suicide a crime

5. II History of Abortion Law in the UK
- 13th Century - the first references to abortion in English
law appeared in the law; followed Church teaching that
abortion was acceptable until 'quickening‘ ( when the
soul entered the foetus)
remained like this for centuries
Abortion Act permits termination of pregnancy by a registered practitioner

6. III Capital Punishment in the UK
5th century – hanging by neck introduced to England by the Anglo-Saxon invaders (by 10th century – a common method of execution)
18th century “Bloody Code” – 220 different crimes punishable by death (executions for murder, burglary and robbery were common; death sentences for minor offenders were often not carried out)
1908 – Children’s Charter – juveniles under 16 no longer could be executed
1938 – the issue of abolition of capital punishment was brought before parliament

7. Capital Punishment in the UK
1969 – abolition of Capital punishment for murder ; remained for certain other offences until 1998
1998 – complete abolition
(when ratifying the European Convention on Human Rights prohibiting capital punishment) (prior to it – available for 6 offences
1) serious misconduct in action
2) assisting the enemy
3) obstructing operations
4) giving false air signals
5) mutiny or incitement to mutiny
6) failure to suppress a mutiny in intent to assist the enemy
The last execution took place in 1964 (by hanging)

8. ECHR – Abolition of Death Penalty
late 1960s - consensus that death penalty serves no purpose in a civilised society (rule of law and respect for human rights)
the Council of Europe adopted Protocol No. 6 to the ECHR = the first legally binding instrument providing for the abolition of the death penalty in peace time
Protocol No. 6 to the European Convention on Human Rights – ratified by 46 states (The Russian Federation signed it but did not ratify – respects the moratorium since 1996)
the Council of Europe adopted Protocol No. 13 to the ECHR = the second legally binding instrument providing for the abolition of the death penalty in all circumstances
Protocol No.13 to the European Convention on Human Rights - ratified by 44 member states of the Council of Europe, signed by Armenia, Azerbaijan and the Russian Federation have not yet signed it

9. Capital Punishment in the USA
a hotly debated topic – reaches constitutional dimensions
the Eight Amendment to the U.S. Constitution – constitutional basis against the imposition of the death penalty
„Excessive bail shall not be required, nor excessive fines
imposed, nor cruel and unusual punishments inflicted”

10. Capital Punishment in the USA
1998 – 38 out of 50 American states have death penalty (Amnesty International’s report)
exists under federal law
1998 – approximately 3000 prisoners were awaiting execution
the majority of the U.S. population favours the abolition of the death penalty state and federal legislatures have done little to change current legislation

11. Death penalty in the USA
Study the following website and analyse the crimes that are still punishable by death pealty. Extract the top 5 crimes that are most frequently punished by executions.
punishable-death-penalty#BJS

12. IV Euthanasia EUTHANASIA = “good death” or “dying well”
The practice of ending a life in a painless manner; describes a number of different methods
Some forms are legal in: Belgium, Luxembourg, The Netherlands, Switzerland , Oregon (US), Andalusia (Spain) and Thailand
serious moral issues attached to it – characterized as murderous and merciless

13. Classification of Euthanasia
I By consent
A) Voluntary euthanasia
B) Involuntary euthanasia – an individual makes a decision for another person incapable of doing so
II By means
Passive (non-aggressive) – withholding of common treatment (antibiotics, surgery) to relieve pain knowing that it may also result in death
(the most accepted form and a common practice in hospitals)
B)Aggressive euthanasia – (use of lethal substance or forces to kill )

14. Read the text and decide which subtitle sums up which paragraph (two subtitles are too many)
1. The border line between right and wrong
2. Examples used to argue for euthanasia
3. The power to decide about life and death
4. Punishing murder by commiting a new one
5. Attitude to suicide at different times
6. Helping a person to die gives rise to much controversy
7. Moral and legal aspects of ending a pregnancy in an unnatural way.
8. The secret border line between life and death

15. Essential expressions
to be charged with (murder / criminal offence...)
the law on abortion / capital punishment has changed
to take one’s own stand
to execute a murderer (execution)
the pressure for the aboliton of hanging
to have influence on public attitudes / person’s behaviour
at the trial
to commit murder / suicide / crime

16. Essential expressions II
a free / liberal attitude towards
put something before something else
see things in black and white
the supporters of
suffer from diminished responsibility
to preserve human life
to get away with something

17. Important collocations
to grant amnesty for sth = pomilovati za
pardon a criminal = pomilovati kriminalca
commute a sentence = preinačiti/smanjiti/zamijeniti kaznu
remit fines/ a punishment = oprostiti novčanu kaznu/kaznu
to repreive a death sentence = odgoditi izvršenje/poništiti
to inflict punishment = odrediti kaznu
to execute a death penalty = izvršiti smrtnu kaznu

18. Vocabulary practice Fill in the gaps.
The act of bringing into effect a judgement of death penalty is _________________.
_____________ is the action of destroying a human foetus prematurely.
Cases of terminal diseases often raise the question of _______________.
The understanding of psychiatric conditions of a murder influences the attitude towards_________________ .
__________ __________ is the state of human mind, which makes a person not accountable for his or her actions.

19. Vocabulary practice – Answer key
The act of bringing into effect a judgement of death penalty is execution.
Abortion is the action of destroying a human foetus prematurely.
Cases of terminal diseases often raise the question of euthanasia.
The understanding of psychiatric conditions of a murder influences the attitude towards the punishment he should get. .
Diminished responsibility is the state of human mind, which makes a person not accountable for his or her actions.

20. Research task
I a) Consult the following web page and find out about the EU position to death penalty (
b) What kind of actions does the EU take in order to influence other countries to align with the EUpolicy on death penalty ?
II Find the UN resolutions on the issue of death penalty and show the UN perspective.
(eg. nations-committee-passes-resolution-on-the-death-penalty/

21. Discuss euthanasia Debate
A Euthanasia should be legal in all countries
B Euthanasia should be banned everywhere
2. Read the debate on euthanasia and assisted suicide and find the problem that they point out.
asia-legalised-across-europe/#.VjtJNLerRdg