1. Criminal Law is something that is the part the of the body of law which relates to the crime. It is the system of laws that punishes the ones who are found guilty in the act of threatening, harming, or maybe endangering the property, safety, health, and moral well-being of people including one’s own. Most of the criminal laws are established by the statute which means a written law passed by a legislative body. The Criminal Laws include the trial and punishment of people who violate these laws. One of the elements added into one of the several definitions is that of intentions of the death of the person and states that the death of the person must be intended, instead of being accidental, and the intention of the act of euthanasia should be a merciful death.
Many countries made an argument in the initial phase that differentiates euthanasia from the killing a person intentionally is that it is the agent’s intention. It can be taken to be an appropriate intention motive when the person murdered is concerned. The Criminal Laws vary from places to places which means that the Criminal laws have their jurisdiction which cannot be crossed over, and in most of the cases is different from that of the civil law, where the emphasis is given more and more on resolving the dispute and the victim being compensated rather than punishing someone. Criminal procedure is an official activity that is formalized which leads to the authentication of the fact of committing the crime and approves of treating the offender punitively.
There are several acts across the world which are considered as criminal in different parts of the world. It is also possible that a crime in a country may be completely legal in other. One of the acts that have come into the light for a past couple of years which is considered as a crime in many of the countries is euthanasia. Euthanasia is defined as the action of taking away the life of a person intentionally to relieve the pain and suffering of the person. The laws for euthanasia vary for every country and everyone has a different view about it. If we talk about The British House of Lords Select Committee on Medical Ethics, which sees euthanasia as “a deliberate intervention undertaken with the express intention of ending a life, to relieve intractable suffering”. In other countries like the Netherlands and Belgium, euthanasia is understood as “termination of life by a doctor at the request of a patient”. The people of West Germany refrain from using the term ‘euthanasia’ directly but they also include it under a broad concept which goes something like “assisted suicide and termination of life on request”.
Euthanasia can be classified in many ways, including the voluntary, non-voluntary, or involuntary types. The voluntary form in many countries, is in fact, legal and can be carried out with the approval of the person. The non-voluntary euthanasia, in which the consent of the person is absent, is illegal in all the countries. Involuntary euthanasia, which is carried out without the consent of the person and also against his will, is also not legal in most of the countries and is termed as a murder in most of the countries.
According to a research carried out in 2006, euthanasia is a very hot topic of research in contemporary bioethics. Passive euthanasia, which is also known as pulling the plug, is legalized in many countries under a few situations. Active euthanasia, in this case, has been legalized in a very few countries which includes Belgium, Switzerland, Canada and is allowed in only specific circumstances and can be carried out only if the councils approve of it, the doctors or some other specialists.
Euthanasia is a subject most people usually refrain from talking. It is a complex, sensitive topic which has been the centre of many controversies over the years. In some countries, euthanasia is considered as a criminal offence while in others it is a personal preference. Criminal law is aimed at keeping an individual safe from others. Although, some laws enforce themselves on a person’s freedom of choice as in the case of Homosexuality, which was a criminal offence until recently just because it was morally wrong. Likewise, suicide was also termed as a criminal act in the state of Victoria until 1958. Since non-voluntary euthanasia, right to refuse medical treatment and palliative care remain non-criminal acts, euthanasia being criminalized makes no sense at all. Moreover, euthanasia remains a private matter which concerns an individual and not the public and should be legalized by making adequate changes in the legislation and ensure it is not abused in any way by fixing all the loopholes.
2. A jury trial, also called the trial by jury, is a legal proceeding that ends after the jury makes a decision regarding the trial. In the law jurisdictions which are more common across the countries, the jury holds the responsibility to find and investigate facts of the case. The peers of accused are hence responsible for the dispute listening, evaluating the evidences present, and then deciding on the facts regarding the case, hence finally come up with a decision which goes with the rules of law and their jury instructions.
In most of the nations where jury trials have been seen commonly, the juries are usually seen as a very vital part for the state power. In addition, there are other facts about the benefits of trial system in a country by the jury is something that provides a way of interconnection of the community values and norms into legal cases which legitimizes the law which provides ways to citizens in their application to specific trial to approve the criminal statutes. In the legal proceedings wherein the jury deals with child rape case, the Judge may convict the offender on the basis of the personal feelings of the victim rather than convicting the offender beyond acceptable doubt.
The belief about jury trials is mostly positive in most of the countries which is in contrary with known belief of a few nations, wherein this is considered as a risk for the fate of the person to be put in someone else’s hand. Jury trials in many countries which are multicultural nations with a past of ethnic issues may be an issue, and causes the jury to partial or one sided in most of the cases. Another major issue which is faced in the jury trials is confidential in nature of the procedure of the conduction of trial.
While many people may say that confidentiality or being secretive in the case allows the jury to become impartial wherein they may protect the wrong person in the case from getting under the certain amount pressure or attention from people, the opposing party thus face which prevents the trial from being an open one. The fact that the juries do not have the need to justify their judgements by giving a reason for their verdict in most of the cases is also criticized, since the opposing party argue it becomes wrongful for a person to be deprived of liberty, property or life before even being told why it is being done so. When there is a decision by a judge, they are required to provide with a detailed reason most often. Another issue which has been brought up is the potential of a jury to understand the evidence, be it statistical or scientific fully. It is also expected that the jury member’s expectations as to the power of explaining the scientific evidence have been brought to light by many legal dramas, and police procedural, in what is termed as the CSI effect that is named after the US-based television programme.
The trial is considered important in almost all the countries. In Asian Countries like India, the initial case was investigated by an English jury which happened in the city of Madras in the year 1665, for which a British woman called Ascentia Dawes was accused of the murder of her slave girl, with six Portuguese and English men, and later found the woman not to be guilty. Later, when the East India Company developed in the majority of regions in India, the jury method in the country was brought inside a double-system of courts which were in the Presidency Towns, which included Madras, Calcutta, and Bombay, there existed courts in the country called the Crown Courts. On the other hand the jury panel had to investigate the British and the European citizens, who were more privileged, even in the criminal cases, and in certain cases Indian citizens; and even the people in the surround regions, specifically outside the Presidency Towns, which were called the mofussil, there were different type of courts which were named as Company Courts which composed of the Company officials.
Trial by jury is not essential but is helpful in criminal proceedings. Depending on the nature and severity of the case, trial by jury may or may not be applicable to certain situations. It sure does help in avoiding if the judge is biased regarding a specific case or person ensuring a smooth and unbiased proceeding which in turn helps retain the faith of the people in the judicial system. A trial by jury also reflects the various aspect of the society making it democratic in a true sense. Accused with grave charges such as summary and indictable offences don’t have a right to demand to trial by jury and instead have their cases heard by a judge.
The jurors, even though having the confidence of the people, have low levels of comprehension. Still, it seems like the system works and most of the times is a viable alternative opposed to a judge ensuring that fair, thoughtful and unbiased decision has been made.
3. Section 4A of the Crimes Act 1958 (Vic) is an obsolete law which uses hefty measures to deal with the petty problems without understanding the real problems behind the violence. The law has a perfunctory view on the offence of coward’s punch. The bill considers that a blow to the head or the neck of any person us unlawful and dangerous act. The law is unnecessary and is just another law in the chains of laws which burden the judiciary with the unnecessary hassle and reduce the speed of justice distribution. The laws add nothing substantial to the existing laws and do not compliment them.
The actus reus for manslaughter under common law, and the Crimes Act 1958 (Vic) contemplates the cause of the death of the victim. It is inspected whether the death is caused by a single punch or by any other action on the part of the assailant. If it is proved that the action which caused the death of the victim was voluntary and intentional, then the assailant is persecuted under the law.
A single blow can lead to unintentional series of punches. This may result in an unintentional loss of life and can lead to other injuries. It can also lead to the loss of property. However, categorization of such petty assaults with no serious intention with the graveness as that of a murder is sheer ignorance. The assailant is, usually, not aware of the consequences of the single punch and did not have any intention of causing the harm which has been caused. The Victorian used to focus on the dangerousness of the attack.
The Crimes Amendment (Gross Violence Offences) Act 2013 (Vic) came into effect in January 2014. According to the law, if in the case of a single punch, the victim has not died, the act will consider as gross violence. The law punishes the assailant with a minimum sentence of four years regardless of the culpability of the offender. This severely reduces the powers of the discretion of the court to treat every individual case as a unique case and to award the punishment as per the severity of the case. Also, the law overshadows the underlying causes of the attacks. The case came into prominence with regard to the brawl between the drunk youth which involved in a fight and the event led to severe repercussions. The amendment of the law does not consider the causes which led to the violent action.
The removal of judicial discretion prohibits the dispensation of justice according to the offence. The law created a big loophole through which a serious crime of domestic violence can be camouflaged. The window also punishes those assailants who were unfortunate enough to hit ‘head or neck’ of the victim. In cases such as these, the removal of judicial discretion can act as a serious handicap of the judiciary for the effective dispersal of justice.
Victorian laws facilitate for the uniqueness of every unfortunate encounter which leads to the serious injury on the part of the assailant. They had provisions for the appropriated address of every single punch offence. The effects of the amended laws are yet to be seen. However, it must be noted that the removal of discretion of judiciary severely impacts the judicial system. It is also essential to focus on the underlying causes and the education of the youth.
The “Cowards punch” manslaughter act has been a point of debate in the recent years. It has the same penalty as that of murder and awards a minimum of 10 years to the accused. It does not take into account if the accused was defending itself from a certain situation or person. If the punch causes death or serious injury to the victim, the punishment is given without taking into consideration the intentions of the defender. The last case that caused a death was some twenty-two years before the law was brought into effect. Section 4A no longer requires that the action or objective be dangerous. The “Coward’s punch” act can be unfair to those who unintentionally cause harm while also protecting those guilty of intentional death by giving them just ten years of sentence instead of life imprisonment or capital punishment.
4. Aggravated burglary constitutes the act of committing a burglary by the guilty person. The burglary can be committed in a house, a shop, a warehouse, a store or anywhere else. It is usually committed when the buildings have no occupants. The intention of the criminal is to offend the person, harm the structure and depreciate the property or the theft of money. The home invasion, on the other hand, is considered to be the act of invading an occupied house without the consent of the owner or the residents of the house. Another factor considered during the act is the possession of any kind of armaments. In most cases, the residents are present at the home. The home invader chooses such a time so as to extract information from the residents and to threaten them with the help of arms possessed by the invader. It is also essential that there should be deterioration in some way or other for the charges to be put on the criminal.
In usual practice, a guilty person is charged with both the aggravated burglary and home invasion. This is so because the nature of the both these crimes is very similar and overlapping. In the present context, they are considered to be different and the punishment under both the offences are awarded separately. Although it is also acknowledged that the offences are very similar in nature and thus when applied simultaneously, one of the laws because becomes redundant. According to the Crimes Act, 1958, A person guilty of aggravated burglary is guilty of an indictable offence and liable to level 2 imprisonment (25 years maximum). Home Invasion is punished more severely than that of aggravated burglary.
In the case of burglary, it is to be proved that the criminal entered the building with the intent of committing a crime. It is not taken into consideration whether the crime has been committed successfully or not. On the other hand, in the case of home invasion, the concern is the forceful invasion of the home or the apartment which is usually occupied with the residents at the time of the invasion.
In my opinion, there is a definite need for the separate laws for both the offences. This is in consideration with the implications of the offences. In case of burglary, the intention of the act is to commit the theft of money or other sensitive information without attracting the attention of anyone. The act of home invasion involves the use of arms and threats to pressurise and scare the residents to fulfil the demands of the criminal. This can have serious repercussions. Home invasions can lead to verbal, physical and sexual assault and the loss of life. The threatening of the residents has much severed and complex psychological implications which are not the case with the act of burglary. Home invasion can also lead to other serious crimes such as keeping the occupants as a hostage for an ulterior motive. An important parameter to consider in the case of home invasion is the intent behind it. This leaves much room for interpretation and judicial discretion.
Although the two offences are similar in nature, there should be separate laws to deal with them. This is so because the offences can lead to different implications. It is essential to understand the motive of the criminal to commit the act of home invasion as it can have severe consequences. There is an immense room for the discretion of the judiciary in the case of home invasion.
References
Anderson, John, Mandatory Sentences Can’t Deliver Justice Or Stop One-Punch Killings(2014) The Conversation <https://theconversation.com/mandatory-sentences-cant-deliver-justice-or-stop-one-punch-killings-30647>
Anwar, S., P. Bayer and R. Hjalmarsson, “The Impact Of Jury Race In Criminal Trials” (2012) 127(2) The Quarterly Journal of Economics
Anwar, Shamena, Patrick Bayer and Randi Hjalmarsson, “The Role Of Age In Jury Selection And Trial Outcomes” (2014) 57(4) The Journal of Law and Economics
BEAUCHAMP, TOM, “The Right To Die As The Triumph Of Autonomy” (2006) 31(6) The Journal of Medicine and Philosophy
Chao, D., “Euthanasia Revisited” (2002) 19(2) Family Practice
Chatterjee, Roshnii, “Corporate Actus Reus” [2014] SSRN Electronic Journal
Freeborn, Beth A. and Monica E. Hartmann, “Judicial Discretion And Sentencing Behavior: Did The Feeney Amendment Rein In District Judges?” (2010) 7(2) Journal of Empirical Legal Studies
“Jury Trial For Criminal Contempts: Restoring Criminal Contempt Power And Protecting Defendants’ Rights” (1956) 65(6) The Yale Law Journal
Kopp, Phillip M., “Is Burglary A Violent Crime? An Empirical Investigation Of The Armed Career Criminal Act’s Classification Of Burglary As A Violent Felony” [2016] Criminal Justice Policy Review
Lafontaine, Fannie, “Parties To Offences Under The Canadian Crimes Against Humanity And War Crimes Act : An Analysis Of Principal Liability And Complicity” (2009) 50(3-4) Les Cahiers de droit
Lockwood, Brian, “What Clears Burglary Offenses? Estimating The Influences Of Multiple Perspectives Of Burglary Clearance In Philadelphia” (2014) 37(4) Policing: An International Journal of Police Strategies & Management
Sabyasachi Nath, H. K. Pratihari, “Forensic Investigation Of A Firing Case” (2013) s2(01) Journal of Forensic Research
Schreiber, Jason, Angela Williams and David Ranson, “Kings To Cowards: One-Punch Assaults” (2016) 44(2) The Journal of Law, Medicine & Ethics
Shapland, Joanna and Matthew Hall, “What Do We Know About The Effects Of Crime On Victims?” (2007) 14(2) International Review of Victimology
Swaray, Raymond, “On The Relationship Between The Public’S Worry About Safety From Burglary And Probabilities Of Burglary: Some Evidence From Simultaneous Equation Models” (2006) 80(2) Social Indicators Research
Beardsley, C., Brown, K., & Sandroussi, C. (2018). Euthanasia and surgeons: an overview of the Victorian Voluntary Assisted Dying Act 2017 and its relevance to surgical practice in Australia. ANZ journal of surgery.
Keown, J. (2018). ” Voluntary Assisted Dying” in Australia: The Victorian Parliamentary Committee’s Tenuous Case for Legalization. Issues in Law & Medicine, 33(1).
Karapetis, C. S., Stein, B., Koczwara, B., Harrup, R., Milleshkin, L., Parente, P., … & Olver, I. (2018). Medical Oncology Group of Australia position statement and membership survey on voluntary assisted dying. Internal medicine journal, 48(7), 774-779.
Robinson, I. (2017). Why you should vote to legalise Euthanasia, even if you oppose it yourself: A defence of personal choice. Australian Rationalist, The, 106, 7.
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