English for Lawyers 3

1. English for Lawyers 3 Lecturer: Miljen Matijašević G10, room 6/I, Tue 11:30-12:30 e-mail: miljen.matijasevic@gmail.com Session 3, 29 Oct 2013

2. Today’s session • Revision of the previous session • Death and the Law (w/ case study)

3. Revision of the last session Crime

4. Find the English equivalents • čedomorstvo • izdaja • krivokletstvo • obiteljsko nasilje • ometanje istražnog postupka • palež • poticanje na rasnu mržnju • pranje novca • pronevjera • protuzakonito okupljanje • provalna krađa • utaja poreza

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

6. Answer the following questions • How can we define crime? • How are crimes classified • according to object • according to seriousness? • What was the old classification of crime in England? • What do you know about the sources of English criminal law? • When is it possible for an ordinary citizen to arrest another?

7. Answer the following questions • Explain the difference between the following: • murder, manslaughter, involuntarymanslaughter, constructivemanslaughter • theft, larceny, shoplifting, robbery • What is actus reus and what form can it take? • What is mens rea and when is it not required to prove criminal liability? • What classes of people are exempt from criminal liability?

8. Death and the Law Unit 20

9. Death and the Law • suicide • euthanasia • abortion • thedeathpenalty (nextsession)

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! Whataboutassistinga 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 ommission (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 • 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. Key vocabulary active euthanasia passive euthanasia voluntary euthanasia non-voluntary euthanasia involuntary euthanasia attempted suicide perpetrator accessory assisted suicide advance directives DNR