Criminal Law: Euthanasia, Trial by Jury, Coward's Punch and Aggravated Burglary

This article discusses criminal law topics such as euthanasia, trial by jury, coward's punch and aggravated burglary. It addresses the aims of criminal law, acts regarding euthanasia, contemporary bioethics, importance of trials, and more.

Running head: CRIMINAL LAW
Criminal Law
Student
Institute
Date
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Running head: CRIMINAL LAW
Table of Contents
Question 1: Should euthanasia be a criminal offence? When you provide an answer to the
question, please address one or a combination of the aims of the criminal law. 3
The Argument 3
Acts Regarding Euthanasia 4
Categories 4
Contemporary Bioethics 5
Question 2: Is the trial by jury important to criminal proceedings? 5
Jury Trial 6
Contrary Beliefs 6
Importance of Trials 7
Question 3: Do you think we need the separate offence of ‘coward’s punch’ manslaughter as
set out in section 4A of the Crimes Act 1958 (Vic)? 8
Actus Reus 8
The Coward’s Punch 9
Effects of the removal of judicial discretion 9
Final Words 10
Question 4: Do you think we need separate offences of ‘aggravated burglary’ (Crimes Act
1958 (Vic) s.77) and ‘home invasion’ (Crimes Act 1958 (Vic) s.77A)? 10
Charging a Guilty Person 11
Need for Separate Laws 12
Final Words 12
References 13
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Running head: CRIMINAL LAW
Criminal Law
Question 1: Euthanasia being a Criminal Offence - Addressing the Aims of Criminal Law
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 body1. 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.
The Argument
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
someone2. 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.
1 H. K. Pratihari Sabyasachi Nath, "Forensic Investigation Of A Firing Case" (2013) s2(01) Journal of
Forensic Research.
2 Helen Silving, "Euthanasia: A Study In Comparative Criminal Law" (1954) 103(3) University of
Pennsylvania Law Review.
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Running head: CRIMINAL LAW
Acts Regarding Euthanasia
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 euthanasia3. 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"4. 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".
Categories
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 countries5. 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.
3 TOM BEAUCHAMP, "The Right To Die As The Triumph Of Autonomy" (2006) 31(6) The Journal of
Medicine and Philosophy.
4 Alister Browne, "Assisted Suicide And Active Voluntary Euthanasia" (1989) 2(01) The Canadian Journal
of Law and Jurisprudence.
5 D. Chao, "Euthanasia Revisited" (2002) 19(2) Family Practice.
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Running head: CRIMINAL LAW
Contemporary Bioethics
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.
Reflection
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.
Question 2: Is the trial by jury important to criminal proceedings?
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
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Running head: CRIMINAL LAW
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 instructions6.
Jury Trial
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 statutes7. 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.
Contrary Beliefs
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
6 Mark Coen, "Embedding Explained Jury Verdicts In The English Criminal Trial" [2017] SSRN Electronic
Journal.
7 Shamena Anwar, Patrick Bayer and Randi Hjalmarsson, "The Role Of Age In Jury Selection And Trial
Outcomes" (2014) 57(4) The Journal of Law and Economics.
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Running head: CRIMINAL LAW
cases8. 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 so9. 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.
Importance of Trials
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
8 "Jury Trial For Criminal Contempts: Restoring Criminal Contempt Power And Protecting Defendants'
Rights" (1956) 65(6) The Yale Law Journal.
9 S. Anwar, P. Bayer and R. Hjalmarsson, "The Impact Of Jury Race In Criminal Trials" (2012) 127(2) The
Quarterly Journal of Economics.
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Running head: CRIMINAL LAW
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.
Reflection
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.
Question 3: Do you think we need the separate offence of ‘coward’s punch’ manslaughter
as set out in section 4A of the Crimes Act 1958 (Vic)?
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
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Running head: CRIMINAL 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 act10. 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 distribution11. The laws add nothing substantial to the existing laws
and do not compliment them.
Actus Reus
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 assailant12. 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.
The Coward’s Punch
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.
10 Jason Schreiber, Angela Williams and David Ranson, "Kings To Cowards: One-Punch Assaults" (2016)
44(2) The Journal of Law, Medicine & Ethics.
11 John Anderson, 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>.
12 Roshnii Chatterjee, "Corporate Actus Reus" [2014] SSRN Electronic Journal.
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Running head: CRIMINAL LAW
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 offender13. 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.
Effects of the removal of judicial discretion
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 victim14. 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.
13 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.
.
14 Beth A. Freeborn 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.
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Running head: CRIMINAL LAW
Final Words
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.
Reflection
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.
Question 4: Do you think we need separate offences of ‘aggravated burglary’ (Crimes Act
1958 (Vic) s.77) and ‘home invasion’ (Crimes Act 1958 (Vic) s.77A)?
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,
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Running head: CRIMINAL LAW
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 armaments15. 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.
Charging a Guilty Person
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 separately16. 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 not17. On the other hand, in the case of home invasion, the concern is the forceful
15 Brian Lockwood, "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.
16 Phillip M. Kopp, "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.
17 Raymond Swaray, "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.
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Running head: CRIMINAL LAW
invasion of the home or the apartment which is usually occupied with the residents at the time of
the invasion18.
Need for Separate Laws
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 burglary19. 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
discretion20.
18 Keown, J. (2018). " Voluntary Assisted Dying" in Australia: The Victorian Parliamentary
Committee's Tenuous Case for Legalization. Issues in Law & Medicine, 33(1).
19 Joanna Shapland and Matthew Hall, "What Do We Know About The Effects Of Crime On
Victims?" (2007) 14(2) International Review of Victimology.
20 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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Running head: CRIMINAL LAW
Final Words
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 consequences21.
There is an immense room for the discretion of the judiciary in the case of home invasion22.
21 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.
22 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.
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Running head: CRIMINAL LAW
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
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Running head: CRIMINAL LAW
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
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Running head: CRIMINAL LAW
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.
17