Criminal law and civil law
In Civil Court, the judge builds hypotheses and tests them.
In Civil Court: the balance of probabilities -> damages
The standard of proof
In Criminal Court: beyond reasonable doubt -> imprisonment
The standard of proof is different according to the court.
In a civil case, you can be found liable and you have to pay damages.
The Magistrates’ court deals with 95% of criminal cases.
Class I: murder, rape (with premeditation) II: manslaughter III: IV: petty crime e.g. fighting in the street
Most crime is petty crime.
The coroner has to establish the facts on the case.
To be buried: être enterré
To be cremated:
To carry out an inquest
To carry out a post-mortem police surgeon
To confess: avouer
To be found liable:
The double jeopardy clause (14th amendment): you can’t be judged twice for the same crime.
The Shipman Case
Harold Shipman was a doctor. He murdered his patient. The Guardian “How many patients did this doctor kill?”
Doctor is supposed to cure. It is an obligation of means but not of results.
To cure/ to heal:
Heart disease:
Drug addicts:
Patterns of behavior:
Patterns of speech:
Dr Shipman didn’t work with another doctor. He was alone so he could do what he wants. When his patients died, the other doctor didn’t check the reasons of death, it is only a formality. Thus, the two doctors are responsible.
Mrs. Grundy was the mayor of her time.
A life sentence is 25 years. He was imprisoned in order to protect the public good. Each case is treated individually.
Shipman’s patterns:
Who? Old, patients, women, no family, few friends, vulnerable
Where? In his surgery
When? After lunch
How? Injection of morphine
Pathology on death certificate: heart