English for social workers II session 1, 15 oct 2012

1. English for social workers IIsession 1, 15 oct 2012 Miljen Matijašević E-mail: miljen.matijasevic@gmail.com Office: G10, room 6 (1st floor) Tue, 10:30-11:30

2. Introduction to the Course

3. English for Social Workers I • Mondays 11:30 – 14:30 (A-K) 15:00 – 18:00 (L-Ž) • Literature (written + oral exam) • Vićan M., Pavić Z., Smerdel B. (2005.) Engleskizapravnike, Zagreb: Narodnenovine Units 19, 20, 21, 22, 23, 24, 32, 35 • Javornik Čubrić M., Vićan D. (2005.), English for Social Workers, Zagreb: Pravni fakultet, 2005. Units 5-8

4. Course syllabus • Part I: English for Lawyers EFL (15.10. – 19.11.) • part I exam: 26.11. • Part II: English for Social Workers EFSW (3.12. – 7.01.) • part II exam: 14.01.

5. Course syllabus, pt. 1 (EFL) 15. 10. • Introduction to the Course • Crime 22. 10. • Death and theLaw • The Death Penalty 29. 10. • Marriage • Divorce 5. 11. • Wills and Inheritance • Economic, Social and Cultural Rights (The Constitution of the RC) 19. 11. • Police Powers in Great Britain • Revision 26. 11. • Mid-term examination

6. Course syllabus, pt. 2 (EFSW) 3. 12. • Social Care and Community Work 10. 12. • Disabled People 17. 12. • Older People 7. 01. • Child Welfare 14.01. • End-of-term exam 21. 01. • Signatures and Tutorials

7. The final examination • Mastering relevant vocabulary • Being able to talk about the topics covered in the syllabus, using relevant terms • The extra material covered in class will help you understand the content and prepare for the exam • The exam will test the knowledge of the content presented in the coursebooks and presentations

8. Attendance • Optional • Regular attendance (missing no more than 3 sessions) • opportunity to take the mid-term and end-of-term exams and avoid taking the final written exam

9. Other options for the exam • Students who give presentations on topics related to the lessons will be exempt from the oral examination • Two students per presentation • Topics related to the syllabus (freedom allowed) • dates for the presentations: 3 December 17 December 10 December

10. Crime EFL, Unit 19

11. Crime • How can we define crime? CRIME is • an offence against the community • punishable by the state • a severe breach of public law Croatian equivalents of the word: • kazneno djelo; kriminal (criminal activity)

12. Crime in English law • there is no single criminal code in English law • crimes and punishment defined in common law and various statutes • criminal provisions contained in acts that seemingly have no connection with criminal law (e.g. Income Tax Acts, Health and Safety at Work Act, etc.)

13. Classification of Crimes ACCORDING TO SERIOUSNESS • until 1967: • treason (punishable by death) • felonies (more serious) • misdemeanours (less serious)

14. Classification of Crimes • the death penalty • abolished in the UK in 1998 after the ratification of the 6th Protocol of the Europan Convention on Human Rights

15. Classification of Crimes • TREASON • FELONIES • murder, manslaughter, rape, arson, burglary, theft, bigamy, etc. • MISDEMEANOURS • minor assault, conspiracy, fraud, perjury, blasphemy, road traffic offences, etc.

16. Classification of Crimes CRIMINAL LAW ACT 1967 – reclassification • INDICTABLE OFFENCES • treason • arrestable offences • other indictable offences • SUMMARY OFFENCES

17. Classification of Crimes • ARRESTABLE OFFENCES (as per CLA 1967) • sentence fixed by the law • maximum punishment at least five years imprisonment • arrest can be made without a warrant • by the police • by any citizen (citizen’s arrest)

18. Power of arrest • Citizen’s arrest – certain conditions for any citizen to arrest another, such as: • if the perpetrator is actually committing or has, without a doubt, just committed an offence • it is not ‘reasonably practical’ for a police constable to make the arrest • the arrest is made to prevent physical injury, loss or damage to property, escape from the police, etc. • a police constable can, in addition, arrest persons about to commit an offence or persons who might have committed a suspected offence

19. Classification of Crimes Serious Organised Crime and Police Act 2006 • category of arrestable offence ceased to exist • a constable’s power of arrest extended to all indictable offences

20. Classification of Crimes Classification today: • indictable offences (triable in the Crown Court by judge and jury) • summary offences (triable before magistrates) • offences triable other way (defendant chooses the mode of trial) Do you remember who magistrates are?

21. Classification of Crimes ACCORDING TO THE OBJECT OF CRIME • crimes against the State and public peace and order • crimes against the person • crimes against property • other crimes

22. Crimes against the State, public peace and order • treason • conspiracy • incitement to racial hatred • obstruction of justice • perjury • public mischief (public nuisance) • riot • sedition • unlawful assembly

23. Crimes against the person • murder • manslaughter • involuntary manslaughter • infanticide • rape • stalking • domestic violence • assault and battery

24. Crimes against property • arson • blackmail • burglary • embezzlement • extortion • fraud • forgery • handling stolen goods • maliciousdamage • robbery • shoplifting • theft • larceny • money laundering • tax evasion

25. Other crimes • traffic offences • bigamy

26. Criminal law CRIMINAL COURTS (first instance) • the Crown Court • for indictable offences • verdict reached by the jury • instructed by the judge on the points of law • magistrate’s court • for summary offences (most traffic offences) • trial by lay or stipendiary magistrates

27. Criminal law BURDEN OF PROOF • the prosecution must prove beyond reasonable doubt that the defendant is guilty • if there is such doubt, he/she must be acquitted

28. Criminal liability • most crimes require two elements: • actus reus (the prohibited act) • mens rea (‘guilty mind’, intention)

29. Criminal liability ACTUS REUS • a physical act • words • omission (inaction) • possession • a state of affairs (being found somewhere unlawfully)

30. Criminal liability MENS REA • intention • the person acts on purpose in order to cause the event • recklessness • takes an unreasonable risk, knowing that his conduct may cause the event

31. Criminal liability CASES IN WHICH MENS REA IS NOT REQUIRED • negligence • strict liability (e.g. food and drugs, road traffic, consumer protection, etc.) • corporate liability (corporation liable for the conduct of a responsible person in the course of corporate duties)

32. Exemption from criminal liability • a person deprived of free will or self-control • insanity • coercion • necessity • automatism (involuntary actions, reflex or convulsions) • a person belonging to a class of persons with special rules • the Sovereign • foreign sovereigns and diplomats • children under the age of 10

33. Case studies

34. Chief Constable of Avon & Somerset v Shimmen 1987 Criminaldamage An expert in Korean self-defence was charged with criminal damage having unintentionally broken a window. The court accepted that he was not reckless because, relying on his skill, he had decided that the window would not break. Key principle: A defendant who considers whether a risk exists and genuinely decides that there is no risk is not reckless.

35. Chief Constable of Avon & Somerset v Shimmen 1987 Criminaldamage (DC) Prosecution appeal allowed. Defendants are not reckless if they consider the risk and decide that there is none. However, this defendant had realised that there was some risk but had thought that he could avoid it. Thus he was reckless in the sense of realising a risk and going on to take it.

36. R. v Lamb 1967 Involuntary manslaughter: constructive liability The defendant was convicted of manslaughter, having shot and killed a friend. Misunderstaning how the gun worked, neither the defendant nor the victim anticipated injury. Key Principle: The defendant must commit an unlawful and dangerous act which causes death.

37. R. v Lamb 1967 Involuntary manslaughter: constructive liability (CA) Defendant’s appeal allowed due to a misdirection. There was no unlawful act (assault) without proof of the actus reus and mens rea. Since the latter was missing, the offence was incomplete.

38. Children who kill Chase theintruder! • lawyer, evidence, defendant, judge • murder, fine, assault, manslaughter • adult, minor, infant, adolescent • witness, criminal, suspect, offender • parole, release, sentence, pardon