Crime

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					Crime
                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
                  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)
          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
                 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
          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)
             Other offences
► No  particular name
► No power of arrest by a police officer or a
  private citizen
               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…)
                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
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)
                 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
          Coercion (duress)
► Being forced to do something – being under
  duress
► The duress must have been an order to do
  something specific
                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)
              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
        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
   The English system of justice
► The  English system of justice is adversarial
  – each side collects 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
                     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
                Disclosure
► Priorto 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
                    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
       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
                 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
                           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
               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

				
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posted:9/26/2011
language:English
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