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

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

2. 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?

3. Civil law vs. Criminal law criminal wrong – reckless driving civil wrong – negligence different legal consequences under criminal and civil law

4. 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 /

5. Vocabulary work – Different types of crimes and torts – Answer key

6. Civil law vs. Criminal law CIVIL LAW 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.

7. Civil law vs. Criminal law- different procedure; different outcome; differentterminology Civil proceedings Criminal proceedings • a claimantsues (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 • 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

8. Part One:Crime, JusticeandtheLaw 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.

9. Defininig a crime Discussthefollowingquestins. Whatiscriminallawconcernedwith? Whatisthepurposeofcriminallaw? Whatis a crime? ReadthefirstparagraphofthetextDefininig a crimeandfindtheanswers. Readtherestofthetextandanswerquestions 4 and 5.

10. Elementsof a crime:MensreaandActusreus ‘actusreus’ = guiltyactsocietyhaschosen to punishonlybaddeeds ‘mensrea’ = (the intetnion to carryout a criminalact) = a guiltyminditiswrong for society to punishthosewhoinnocentlycauseharm Mensreaand actusreusmust occursimultaneously. 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. IsDoe guilty of murder?

11. ‘Mensrea’ and ‘actusreus’- Examples Example 2: 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 commitmanslaughter?

12. 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."

13. ‘Mensrea’ and ‘actusrea’ – strictliability 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 of16.  Nevertheless one of their staff sold a ticket to an under-age boy, even though he seemed older.  Were theyguilty?

14. Harrow LBC v Shah and Shah (1999) QBD. Theywereguilty, becausetheirliabilitywas 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

15. Classificationofcriminaloffencesunder 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.

16. Adversarial (adversary) system ofjustice - 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.

17. Criminal procedure I Readthetextand do ex. VI p. 131. II Take notes on thefollowing: CPS Magistrates’ Court Crown Court Whichoffences are triedbywhichcourts?

18. Sentencing - Whattypesofpenalties are possibleincriminallaw? - What are thepurposesofsentences? Readthetextandfindtheanswers to questions 9 and 10, p. 130. Do ex. VII and VIII. HA: TranslateArticle 8 ofthe Croatian CriminalAct– Ex. XII p. 133 Research intotheclassificationofcriminaloffencesunder US criminallaw.

19. ExemptionfromCriminalLiability Can a criminalacteverbejustifiable? Whatdefencescanpossiblybeused to exempt a criminaldefendantfromliability? … … …

20. English CriminalLaw vs. Croatian CriminalLaw HA: Compareaticle 8. and 10. ofthe Croatian CriminalLawActwiththe English criminallaw. TranslateArticle 8 ofthe Croatian CriminalLawAct– Ex. XII p. 133 Research intotheclassificationofcriminaloffencesunder US criminallaw.