1. English for Lawyers 3 Lecturer: Miljen Matijašević Session 3
Session 3

2. Today’s session
Revision of the previous session
Death and the Law

3. Revision of the last session
Crime

4. Find the English equivalents
čedomorstvo
poticanje na rasnu mržnju
veleizdaja
davanje lažnog iskaza
pranje novca
pronevjera
ometanje istražnog/sudskog postupka
protuzakonito okupljanje
provalna krađa
palež
utaja poreza

5. Find the English equivalents
ANSWERS:
incitement to racial hatred
infanticide
treason
money laundering
perjury
embezzlement
perverting the course of justice
unlawful assembly
burglary
arson
tax evasion

6. Answer the following questions
How can we define crime?
How are crimes classified
according to object
according to seriousness?
Explain the difference between murder, manslaughter and involuntary manslaughter.
What is actus reus and what forms can it take?
What is mens rea and when is it present?
Who is exempt from criminal liability?

7. Translate the following text
Most crimes are characterised by two elements: a criminal act (actus reus) and criminal intent (mens rea). To secure a conviction, prosecutors must prove that both the criminal act and intent were present when a particular crime was committed. In criminal cases, the burden of proof is on the prosecutor to persuade the judge (or jury) that the accused is guilty beyond reasonable doubt of every element of the crime charged. If the prosecutor fails to prove this, the defendant is acquitted.

8. Death and the Law
Unit 20

9. Death and the Law suicide euthanasia abortion
the death penalty (next session)

10. Suicide

11. Suicide intentional causing of one’s own death
before 1961 attempted suicide could result in criminal prosecution
religions such as Judaism, Christianity and Islam condemn suicide as an act against God

12. Suicide decriminalised by the Suicide Act 1961
however, the Act criminalised the act of helping or assisting a suicide
unique example – the perpetrator not prosecuted, only the accessory
Think of arguments why attempted suicide should or should not be criminally prosecuted!
What about assisting a suicide?

13. Euthanasia

14. Euthanasia How would you explain the term euthanasia?
literally: “good death” (from Greek – eu+thanatos)
ending a life in order to relieve pain and suffering

15. Euthanasia ACTIVE PASSIVE VOLUNTARY NON-VOLUNTARY INVOLUNTARY
ASSISTED SUICIDE
PHYSICIAN ASSISTED SUICIDE
What do you think the differences are?

16. Euthanasia
ACTIVE – done by an act (e.g. administering a lethal dose of a drug)
PASSIVE – done by omission (e.g. not providing life-saving treatment)

17. Euthanasia VOLUNTARY – by choice of the patient
NON-VOLUNTARY – when the patient is unable to give consent
INVOLUNTARY – done against the patient’s will
ASSISTED SUICIDE – providing but not administering the means to end the life
PHYSICIAN ASSISTED SUICIDE – same as above only done by a physician

18. Euthanasia and the Law The United Kingdom illegal
Suicide Act provides for up to 14 years imprisonment for assisting someone in ending their life
public polls in favour of legalising euthanasia
Parliament continues to vote against it
Mental Capacity Act 2005 – ADVANCE DIRECTIVES –instructions given in advance on what to do about treatment in the case of inability to express their will

19. Euthanasia and the Law The USA
illegal in most states except Montana, Oregon, Washington (physician assisted suicide)
Texas – allowed to physicians and hospitals (Texas Futile Care Law)
however, patient has the right to refuse treatment (DNR – ‘do not rescussitate’)
advance directives also available

20. Euthanasia and the Law The Netherlands, Belgium
euthanasia legalised in 2002
certain conditions must be met, e.g.
patient’s conscious request
unbearable suffering without prospect of improvement
patient informed and aware of alternatives
second opinion by independent physician
medically acceptable method
patient at least 12 years old

21. Euthanasia and the Law Switzerland
Swiss law: assisted suicide illegal only if done for selfish reasons
if evidence can be provided that the person asked for it and had the capacity to make the decision – assisted suicide lawful
permitted also for foreign nationals
development of ‘suicide tourism’

22. Euthanasia and the Law Croatia
all forms of euthanasia/assisted suicide illegal

23. Pretty v United Kingdom
(ECHR 2002)
case study

24. Pretty v United Kingdom (ECHR)
Diane Pretty was suffering from motor neurone disease
paralyzed from neck down, could hardly speak, fed by a tube
wanted to commit suicide but was unable to
wished her husband to assist her

25. Pretty v United Kingdom (ECHR)
Director of Public Prosecutions refused the request not to prosecute her husband
appeal to the House of Lords – refused
appeal to the European Court of Human Rights
grounds for application:
violation of Articles 2, 3, 8, 9 and 14 of the European Convention on Human Rights

26. Pretty v United Kingdom (ECHR)
Art 2: ‘the right to life shall be protected by law’
Art 3: ‘No one shall be subjected to ... inhuman or degrading treatment ...’
Art 8: ‘Everyone has the right to respect for his private and family life ...’
Art 9: ‘Everyone has the right to freedom of thought, conscience ... [this freedom] shall be subject only to such limitations as are prescribed by law and are necessary in a democratic society in the interests of public safety, for the protection of public order, health or morals, or the protection of the rights and freedoms of others.’

27. Pretty v United Kingdom (ECHR)
no violation of the Convention was found
the Court held that the right to life cannot be interpreted as the right to die
as regards Art 9 – the Court believed this right fell under the limitations laid down in the Article
Diane Pretty died soon after the decision was reached

28. The Right to Die in Belgium
DEcpw
Watch the documentary video. What arguments for and against legalizing euthanasia are referred to in the video?
What is your position after watching the video?

29. Abortion

30. Abortion termination of pregnancy before it is complete
countries worldwide have varying legislation regarding abortion
ISSUE: Is the foetus a human being with its rights or is it part of the body of the mother?
two views:
pro-life
pro-choice

31. Abortion – the United Kingdom
illegal until the Abortion Act 1967
the Act provided for free provision of abortion under the National Health Service
abortion can be performed until the 28th week
later lowered to the 24th week
later abortions allowed if the reason is to save the life
must be performed by a registered physician
abortion still illegal in Northern Ireland

32. Abortion – the USA The USA
Colorado 1967 – first state to legalise abortion in cases of rape, incest, or serious danger to the mother
after this, many other states followed
turning point: Roe v Wade (1973, US SC decision)
considered that a foetus is not a person
stated that abortion rights fall under the right to privacy

33. Attitudes to Abortion
A 2009 UK poll asked if all women should have the right of access to abortion
37% Strongly agree
20% Tend to agree
12% Neither agree nor disagree
7% Tend to disagree
12% Strongly disagree
3% Don't know
9% preferred not to answer
Discuss the results of the poll. Are you pro-life or pro-choice?

34. Key vocabulary
active euthanasia passive euthanasia voluntary euthanasia non-voluntary euthanasia involuntary euthanasia attempted suicide perpetrator accessory assisted suicide advance directives DNR pro-life pro-choice

35. Thank you for your attention!