Criminal law

Criminal Law is the body of law that defines criminal offences, regulates the apprehension, charging, and trial of suspected persons, and fixes punishment for convicted offenders.

The offences that involve criminal law, a part of public law, are those against the state. Criminal law presupposes a rule of law in defining acts as criminal. In other words, however immoral or unjust an act may be thought to be, it is not a crime unless the law says it is one. Under the common law, custom and precedent define criminal action; in countries or states where a legal code exists, statute defines it. Criminal law usually prohibits the trial of a person a second time for the same offence (double jeopardy) and contains statutes of limitations – that is, limits for the period during which charges may be made.

A crime is usually defined as a voluntary act or omission, in conjunction with a given state of mind. Acts committed during fits of epilepsy or while sleepwalking are involuntary and thus do not qualify as crimes. Mental disorders are also widely recognized as limiting responsibility for acts otherwise regarded as criminal. Other factors entering into the determination of criminal intent are self-defence, defence of other persons, protection of property, and enforcement of the law. The law of most countries recognizes that the use of force, while not justifiable, may be excused if the defendant believed that the use of force was necessitated by special circumstances.

Criminal acts include arson, rape, treason, aggravated assault, theft, burglary, robbery, and murder. Other concerns of criminal law are cons­piracy, a rather broad term that denotes agreement between two or more individuals to commit a crime, and attempt. The definition of attempt varies from one legal system to another, but essentially it is preparation for criminal action that has gone beyond a legally defined point.

Important differences exist between the criminal law of most English-speaking countries and that of other countries. The criminal law of England and the United States derives from the traditional English common law of crimes and has its origins in the judicial decisions embodied in reports of decided cases. England has consistently rejected all efforts toward comprehensive legislative codification of its criminal law; even now there is no statutory definition of murder in English law. Some Commonwealth countries, however, notably India, have enacted criminal codes that are based on the English common law of crimes.

The criminal law of the United States, derived from the English common law, has been adapted in some respects to American conditions. In the majority of the U.S. states the common law of crimes has been repealed by legislation. The effect of such statutes is that no person may be tried for any offence that is not specified in the statutory law of the state. But even in these states the common-law principles still exist, for the criminal statutes are often simply codifications of the common law, and their provisions are interpreted by reference to the common law.

In Europe the criminal-law of modern times has emerged from various codifications. By far the most important were the two Napoleonic codes of 1808 and 1810. The German codes of 1871 (penal code) and 1877 (procedure) provided the models for other European countries.

In the last few decades the movement for codification and law reform has made considerable progress everywhere.

Modern criminal law has been affected considerably by the social sciences, especially with respect to sentencing, legal research, legislation, and rehabilitation.

UNDERSTANDING MAIN POINTS___________________________________

3. A. Give the definitions for the following legal terms:

a. Criminal law is…

b. Crime is…

c. Conspiracy is…

d. Attempt is…

B. Answer the questions:

1. What are the two important elements of a crime which the prosecution must prove?

2. What is «double jeopardy»?

3. What differences exist between the criminal law of most English-speaking countries and that of other countries?

4. What criminal codes provided the model for many European countries?

5. What has modern criminal law been affected by?

Law Breakers. Find in the text the word and decide from the context what this word could mean, then choose the appropriate definition. Match each word on the left with the correct definition on the right.

A.

(a) an arsonist 1. sets fire to property illegally

(b) a shoplifter 2. is anyone who breaks the law

(c) an offender 3. breaks into houses or other buildings to steal

(d) a vandal 4. steals from shops while acting as an ordinary customer

(f) a murderer 5. kills someone

(g) a kidnapper 6. causes damage to property

(h) a pickpocket 7. steals things from people’s pockets in crowded places

(i) an accomplice 8. gets secret information from another country

(j) a drug dealer 9. buys and sells drugs illegally

(k) a spy 10. takes away people by force and demands money for

(l) a terrorist their return

11. helps a criminal in a criminal act

12. uses violence for political reasons

B.

(a) an assassin 1. causes damage or disturbance in public places

(b) a hooligan 2. hides on a ship or plane to get a free journey

(c) a stowaway 3. takes control of a plane by force and makes

(d) a thief 4. the pilot change course

(e) a hijacker 5. murders for political reasons or a reward

(f) a forger 6. is someone who steals

(g) a robber 7. makes false money or signatures

(h) a smuggler 8. is a member of a criminal group

(i) a traitor 9. steals money etc by force from people or places

(j) a gangster 10. marries illegally, being married already

(k) a deserter 11. is a soldier who runs away from the army

(l) a bigamist 12. brings goods into a country illegally without paying

tax

13. betrays his or her country to another state

5. PREPOSITIONS. Choose the right preposition in brackets according to the contents of the sentences (by, from, in, on, to, for).

1) The Crown Prosecutor, who works for the Director of Public Prosecutions, is responsible … prosecuting criminals based on evidence presented by the police.

2) The definition of some legal terms varies... one legal system to another.

3) The judge sentenced my neighbour to punishment... the crime which he hadn't committed.

4) The State of Louisiana has a Roman civil form of law which derives... its days as a French colony.

5) This decision was repealed... the Constitutional Court.

6) One of the two accused men was tried... an offense at yesterday's trial.

7) In Ukraine... the last eight years the movement of law reform has made considerable progress.

8) The judicial decision was based... the Criminal Code of the country.

9) The judge sentenced the other accused man... two years in prison.

Here are some words connected with law and crime. If necessary, use a dictionary to help you check that you understand what they all mean. Then divide them into three groups, in what seems to you to be the most logical way.

theft member of a jury judge statute

juvenile delinquency sentencing rehabilitation bribery

investigator terrorism omission arson

probation detective death penalty code

drunken driving traffic warden aggravated assault rape

malfeasance lawyer conspiracy precedent

treason burglary smuggling fine

Дата добавления: 2015-07-11