Transcript Crime
Definition • Any act committed or omitted that violates the law, is against the community and is punishable by the state • to commit a crime, a commission of a crime • to omit, an omission • to violate, violation Classification • At common law (according to seriousness of the crime) • Criminal Law Act 1967, Serious Organised Crime and Police Act 2006 • According to the method of trial • According to the object of crime At common law 1. treason 2. felony – more serious crimes 3. misdemeanor – less serious crimes Why did this classification become unsatisfactory? High treason v petty treason • petty treason: the murder of a master by a servant, of a husband by his wife, or the murder of a bishop • high treason - plotting the murder of a soveriegn - comitting adultery with the sovereign’s consort (spouse) or eldest unmarried daughter or with the wife of the heir to the throne… - counterfeiting money, being a Catholic priest Criminal Law Act 1967 1. a) b) c) Indictable offences treason arrestable offences other indictable offences 2. Other offences Arrestable offences • sentence fixed by law OR • punishment at least 5 years in prison • arrest possible by anybody (police, citizen’s arrest) Serious Organised Crime and Police Act 2006 - abolished the category of arrestable offences - powers of arrest extended According to the method of trial 1. indictable offences 2. triable either way offences 3. summary offences “There are crimes of passion and crimes of logic. The boundary between them is not clearly defined.” Albert Camus Indictable offences - can be tried only after an indictment after a preliminary hearing to determine if there is a prima facie case to answer or by a grand jury the first hearing is held at the Magistrates’ Court the trial is held at the Crown Court - in the USA it is called a felony - - Triable either way offences - - can be tried either on indictment or summarily the trial takes place either at the Magistrates’ Court or the Crown Court after a Mode of Trial hearing at which a magistrate decides if the case is suitable to be heard at the Magistrates’ Court if yes the defendant can agree or ask for a trial by jury (if the plea is not guilty) if no (the case is too serious or complex) the case is sent to the Crown Court Summary offences - - - can be tried without an indictment or a jury always tried at the Magistrates’ Court may be sent to the Crown Court for sentencing involve a maximum penalty of six months in prison or a fine of up to £5000 in the USA: a misdemeanor According to the object of crime 1. offences against the state, public peace and order 2. offences against the person 3. offences against the property Criminal law • the police • the state (the Crown) • the courts • the lawyers The police • investigates the crime • apprehends suspect(s) • detains them in custody (jail v prison) • sends the file to the Crown Prosecution Service Jail • a place of detention or remand • people awaiting trial, people sentenced for a short duration (typically less than a year) • NOT normally used in UK • in the USA: run by the county sheriff’s department or local governments Prison • a place of long-term confinement for those convicted of serious crimes • in the UK, people awainting trial are housed in a remand wing of a local prison. The state • The Crown Prosecution Service (established in 1985) • Crown Prosecutors - reviews the file sent to them by the police - decides if there is sufficient evidence to realistically expect a conviction - decides whether the prosecution is in the public interest - prosecutes suspects accused of a crime The courts • issue a summons requiring the accused to attend court • issue an arrest warrant The lawyers • Prosecution • Crown Advocates – members of CPS who argue the cases in court • Associate Prosecutors – argue cases with guilty pleas in the magistrates’ courts • paralegals – provide clerical support • self-employed barristers • Defence • the defendant(s) • defence counsel - a self-employed barrister specialising in criminal defence - Public Defender Service offices - Legal Aid Agency Adversarial system of justice • both the prosecution and the defence collect and present their evidence • both sides present and question their witnesses and are allowed cross-examination • Prosecution prove beyond reasonable doubt that the defendant is guilty of the crime (burden of proof) • Defence – create reasonable doubt or prove the defendant is innocent (presumption of innocence) The judge • provides independent and impartial assessment of the evidence presented and how the law applies to them • insures fair play of due process • is the trier of fact if there is no jury • trial by jury - legal advisor to jury (jury retires to deliberate on a verdict, delivers the verdict) - pronounce/pass a sentence Exemption from criminal liability 1.) person deprived of free will and self-control - insanity, coercion, duress, necessity… DURESS – person agrees to an action under duress COERCION – person is coerced into agreeing to commit a crime 2.) person subject to special rules - foreign sovereigns, diplomats, children under 10… Drunkenness and intoxication • defence ONLY IF induced by others, without fault on the part of the accused • voluntary drunkenness is generally no defence unless it produces temporary insanity or negates the specific degree of intent required by the offence charged Thank you!