Presentation Transcript

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