Crime

1. Crime

2. Definitions • An offence against the community punishable by the state • An illegal act which may result in prosecution and punishment by the state if the accused is convicted • An act against the law, generally committed with an intent to willfully and knowingly do something that is wrong

3. Classification • Indictable (notifiable) offences – more serious offences triable on indictment (a written accusation of a crime) by a judge and a jury in a Crown Court • Summary offences – less serious offences triable summarily (expeditiously) in a Magistrates’ Court by the justices without a jury • Triable either way (cases which can be heard in either the Magistrates’ Court or the Crown Court, such as theft or burglary)

4. Indictable offences • In the past, indictable offences were divided into treason, felonies and misdemeanors • Today they are divided into: • 1. Treason • 2. Arrestable offences • 3. Other offences

5. Treason • the most serious crime against the state • the offence of attempting by overt acts to overthrow the government of the state • In the countries retaining the death penalty still punishable by death

6. Arrestable offences • Offences for which the sentence is fixed by law • The sentence may be imprisonment for five or more years • Arrest can be made without a warrant (probable cause)

7. Other offences • No particular name • No power of arrest by a police officer or a private citizen

8. Categories • Offences against the State and public peace and order (treason, unlawful assembly, conspiracy, perjury…) • Offences against the person (murder, manslaughter, assault, rape, sexual offences, bigamy…) • Offences against the property (theft, robbery, burglary, fraud, blackmail, forgery…)

9. Conviction • The prosecution must prove beyond reasonable doubt that the accused committed a guilty act with a guilty intent • If the accused person lacks the mental capacity to form a criminal intent, he or she cannot be held responsible for the action

10. Exemptions from criminal liability • Persons subject to special rules (minors under ten years of age, foreign sovereigns, diplomats) • Persons deprived of their free will and self-control (insanity, coercion, necessity)

11. Insanity • A deranged state of mind • A person is presumed to be sane and reasonable, unless it is shown that: • 1. the person suffers from disease of the mind • 2. the person did not know the nature and quality of the act he was doing

12. Coercion (duress) • Being forced to do something – being under duress • The duress must have been an order to do something specific

13. Necessity • 1. an act done to prevent a greater evil • 2. the evil must have been directed to the defendant or someone for who he is responsible • 3. he act must have been a proportionate response • Self defence (reasonable, not excessive force)

14. Criminal justice • The state prosecutes those charged with a crime. The police investigate a crime and may apprehend suspects and detain them in custody. • If the police decide an offender should be prosecuted, a file on the case is sent to CPS – Crown Prosecution Service • The CPS must consider whether there is enough evidence for a realistic prospect of conviction

15. Criminal proceedings • Criminal proceedings can be initiated either by serving of a summons setting out the offence and requiring the accused to attend court, or, in more serious cases, by a warrant of arrest issued by a Magistrates’ Court

16. The English system of justice • The English system of justice is adversarial – each side collectes and presents their own evidence and attacks their opponent’s by cross-examination • In a criminal trial, the burden of proof is on the prosecution to prove beyond reasonable doubt that the accused is guilty

17. Bail • A person accused or under arrest may be granted bail and temporarily released • Bail may be refused, for example if there are grounds for believing that the accused would fail to appear for trial or commit an offence

18. Disclosure • Prior to the trial, there is a statutory requirement for disclosure by the prosecution and defence of material relevant to the case, for example details of any alibis or witnesses

19. Verdict • If, at the end of the trial, the court’s verdict is not guilty, the defendant is acquitted • If the court’s verdict is guilty, the court issues a sentence

20. Complete the definitions • 1. A ___________ - a court document authorising the police to detain someone • 2. An ____________ - a written statement with details of the crimes someone is charged with • 3. A ____________ - a formal order to attend court

21. Answer key • 1. A warrant of arrest - a court document authorising the police to detain someone • 2. An indictment - a written statement with details of the crimes someone is charged with • 3. A summons - a formal order to attend court

22. Vocabulary • Prosecution – pokretanje kaznenog postupka, podizanje optužnice • Indictable offence - teže kazneno djelo • Summary offence – lakše kazneno djelo • Treason – izdaja • Probable cause – osnovana sumnja • Perjury – krivokletstvo • Conspiracy – urota • Theft – krađa • Robbery – pljačka • Burglary – provalna krađa • Fraud – prijevara • Blackmail – ucjena • Forgery - krivotvorenje

23. Vocabulary II • Coercion – prisila, prinuda • Custody – pritvor • Summons – sudski poziv, pozivanje pred sud • Warrant of arrest – nalog za uhićenje • Adversarial proceeding – akuzatorni postupak • Burden of proof – teret dokazivanja krivnje • Bail – jamčevina • Disclosure – iznošenje dokaza • Verdict - presuda

24. Translate the following: • Nalog za uhićenje nužan je kako bi se uhitilo osumnjičenu osobu. No policija može izvršiti uhićenje i bez naloga kad postoji osnovana sumnja da je osoba počinila kazneno djelo, kao na primjer ako se osoba nalazi blizu mjesta zločina. Nalog je nužan ako je osoba udaljena od mjesta zločina.

25. A suggested translation • A warrant of arrest is necessary to make an arrest. However, the police can make an arrest without a warrant when there is probable cause to believe a person committed the crime, such as if the person is found near the crime scene. A warrant is needed to arrest someone at a distance from the crime scene.