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English for Lawyers 3

English for Lawyers 3. Lecturer: Miljen Matijašević G10, room 6/I, Tue 11:30-12:30 e-mail: miljen.matijasevic @ gmail.com Session 4, 5 Nov 2013. Today’s session. Revision of the previous session Abortion The Death Penalty. Revision of the last session. Death and the Law.

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English for Lawyers 3

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  1. English for Lawyers 3 Lecturer: Miljen Matijašević G10, room 6/I, Tue 11:30-12:30 e-mail: miljen.matijasevic@gmail.com Session 4, 5 Nov 2013

  2. Today’s session • Revision of the previous session • Abortion • The Death Penalty

  3. Revision of the last session Death and the Law

  4. Answer the questions • What does the Suicide Act 1961 criminalise / decriminalise? • What is the difference between euthanasia and assisted suicide? • Explain the difference between active and passive euthanasia! • In what situations can non-voluntary euthanasia be practised?

  5. Answer the questions • What is the legislative situation regarding euthanasia in the UK and the USA? • What do you know about the Dutch and Swiss regulations? • What are advancedirectives? Whatdoes DNR stand for?

  6. Abortion

  7. Abortion • termination of pregnancy before it is complete • countries worldwide have varying legislation regarding abortion • ISSUE: Is the foetus a human being with its rights or is it part of the body of the mother? • two views: • pro-life • pro-choice

  8. Abortion – the United Kingdom • illegal until the Abortion Act 1967 • the Act provided for free provision of abortion under the National Health Service • abortion can be performed until the 28th week • later lowered to the 24th week • later abortions allowed if the reason is to save the life • must be performed by a registered physician • abortion still illegal in Northern Ireland

  9. Abortion – the USA The USA • Colorado 1967 – first state to legalise abortion in cases of rape, incest, or serious danger to the mother • after this, many other states followed • turning point: Roe v Wade(1973, US SC decision) • considered that a foetus is not a person • stated that abortion rightsfell under the right to privacy

  10. Attitudes to Abortion A 2009 UK poll asked if all women should have the right of access to abortion • 37% Strongly agree • 20% Tend to agree • 12% Neither agree nor disagree • 7% Tend to disagree • 12% Strongly disagree • 3% Don't know • 9% preferred not to answer Discuss the results of the poll. Are you pro-life or pro-choice?

  11. The Death Penalty

  12. The Death Penalty • a.k.a. the capital punishment or execution • the killing of a person as punishment for a crime in a judicial process • common methods: • lethal injection • electrocution • hanging • firing squad

  13. The Death Penalty • abolished by 95 countries • still used by 58 countries (e.g. the USA, China, Japan, Iran, Indonesia) • in other countries the death penalty is legal but not used

  14. The Death Penalty ABOLITION INITIATIVES UN Human Rights Commission 1999 • Resolution supporting Worldwide Moratorium on Executions • opposed by the above countries

  15. The Death Penalty The Council of Europe • 6th Protocol to the ECHR (1983) • prohibits the death penalty in time of peace • 13th Protocol to the ECHR (2002) • prohibits the death penalty in all circumstances • requirement for any applicant country

  16. The Death Penalty The European Union • Charter of Fundamental Rights of the EU • drafted in 2000, entered into force with the Treaty of Lisbon, 1 Dec 2009 • among other things, prohibits the death penalty

  17. The Death Penalty The United Kingdom • abolished • 1969 most crimes except treason and some military crimes • 1998 all crimes • ratified the 6th Protocol in 1998, 13th in 2003 • last execution in 1964 • last woman to be executed: Ruth Ellis, 1955

  18. The Death Penalty The People’s Republic of China • estimates: several thousand people executed every year • methods: lethal injection and firing squad • capital crimes – not only murder but also some economic and property crimes (tax fraud, crimes against national symbols and treasures, corruption, etc.) • repeating of crimes key to punishment

  19. The Death Penalty Iran • capital crimes: murder, rape, drug trafficking, terrorism, kidnapping, paedophilia, etc. • but also: apostasy, adultery and homosexuality • methods: hanging and stoning (disputed) • claims of capital punishment carried out on minors

  20. The Death Penalty Croatia • abolished with the Constitution of the RC 1990 • last execution performed in 1987 (Dušan Kosić, for quadruple homicide)

  21. The Death Penalty The United States of America • abolished by law in 12 states + the DC • several states have death penalty laws but don’t apply them • death penalty imposed, but carried out in approximately 10% of cases (e.g. Texas executes 40% and California 1% of those sentenced) • capital crimes: although legislations vary, in practice mostly given for murder with aggravating circumstances

  22. The Death Penalty The United States of America • 1972-1976 federal suspension of the d.p. • declared as ‘cruel and unusual punishment’, prohibited by the 8th Amendment to the Constitution, although each SC Justice provided different reasons • methods: lethal injection (by far most common); also used: electrocution, lethal gas, firing squad

  23. The Death Penalty The United States of America • racial issues • AfricanAmericans convicted of homicide and sentenced to death 3-4 times more often than whites • studies have shown that the race of the victim may be more decisive in giving the death penalty

  24. The Death Penalty • two views: • abolitionist (against the death penalty) • retentionist (in favour of the death penalty) Think of arguments for abolitionist, i.e. retentionist views!

  25. The Death Penalty Read paragraph 3 of the text on p.92 • What are some abolitionist and retentionist views expressed in the text? • What does the Ruth Ellis case show? Listen to some details of the Ruth Ellis and Dušan Kosić cases.

  26. The Death Penalty Lord Kennet’s speech in the House of Lords, 1961 • expressed his views on the capital punishment • summarised it in five verbs: • prevent • reform • research • deter • avenge What do you think he meant under these verbs? Read and find out.

  27. Abolitionist arguments (by Roger Hood, Professor of Criminology, Oxford University) • an extreme example of torture, violation of human rights – illegitimate for a state to employ • no convincing evidence that murder rate is lower in jurisdictions where capital punishment exists • practice has shown that it is regularly applied with a dose of arbitrariness, inequity and discrimination • counterproductive in moral terms – undermines the moral authority of the legal system

  28. Thank you for your attention!

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