What a Crime is

A crime or offense (the two terms are used interchangeably) is an act or omission defined and made punishаble by law. To this very simple definition two points should be added: crime is not a crime if committed by someone who is legally incompetent. And a crime is not a crime unless, at the time it was committed, a law was in effect saying the offense was a crime. If the speed limit in your state has been seventy miles an hour but by statute is lowered to sixty, effective at some future date, you may until that date legally travel at seventy. No criminal law is constitutional which is ex post facto that is, which says something is illegal that was legal when it was done.

The distinction between a crime and a tort is that a crime is regarded as an injury to society whereas a tort is regarded as an injury to individuals only. The state brings the alleged criminal into court; the state protects the public by setting criminal procedures in motion. The criminal action in court is designated The State (or The People) v. John Doe. But if you as an individual have been wronged, in a way that may or may not involve a violation of a criminal law or statute, you must bring the legal action yourself, in a civil court. The action is designated Jane Smith v. John Doe.

Of course, an act may be both a crime and a tort. A motorist who drives so fast down a street that he loses control of his car, which runs up on the sidewalk and smashes into your store, would doubtless be prosecuted for one or more criminal offenses. But you would have your own right of action against him for the damages to your property.

If he's insured you may or may not need to sue him to redress the wrong he did to your property. In theory, however, the public prosecutor has no choice but to have the driver arrested and charged with the commission of a crime, if only that of reckless driving.

4. Match the following English and Russian equivalents:

1) offense	a) наказуемый
2) punishable	b) гражданское правонарушение
3) illegal	c) преступление
4) tort	d) незаконный
5) to sue	e) защищать
6) to protect	f) обозначать
7) to designate	g) быть застрахованным
8) to wrong	h) наносить вред
9) to be insured	i) подавать в суд
10) damage	j) обвинять
11) to charge	k) урон, повреждение, ущерб

5. Supply the missing prepositions. In case of doubt turn to the text:

to add smth – smth; a law is – effect; the distinction – a crime and a tort; an injury – individual; to bring an action – court; the state – John Doe; to lose control – his car; to do wrong/damage – your property; to charge smb. – the committed crime.

6. Supply the missing words in the following sentences:

1. To this very simple (определение) two points should be added.

2. At that time a law was (в силе) saying the offense was a crime.

3. A crime (считается) as an injury to society.

4. The criminal action in (суде) is designated The People v. John Doe.

5. (Деяние) may be both, a crime and a tort.

6. You have your own right of action against him for the (повреждение) to your property.

7. If he is insured you may or may not need (преследовать в судеб­ном порядке) him.

7. Match the following English and Russian equivalents:

1) совершать преступления	a) to redress the wrong
2) действующий закон	b) law in effect
3) вред для общества	c) injury to society
4) привести подозреваемого преступника в суд	d) to have smb arrested
5) уголовное дело	e) criminal action
6) уголовное правонарушение	f) to bring the alleged criminal into court
7) право иска	g) to commit a crime
8) восполнить потерю	h) criminal offense
9) общественный обвинитель	i) public prosecutor
10) арестовать кого-либо	j) right of action

8. Translate the following sentences paying attention to articles:

1. A crime is an act or omission defined and punishable by law.

2. Crime is not a crime if committed by someone who is legally incompetent.

3. And a crime is not a crime unless, at the time it was committed, a law was in effect saying the offense was a crime.

4. No criminal law is constitutional which is ex post facto, that is, which says something is illegal that was legal when it was done.

5. The distinction between a crime and a tort is that a tort is regarded as an injury to individuals only.

6. But if you as an investigator have been wronged, in a way that may or may not involve a violation of a criminal law or statute you may bring the legal action yourself, in a civil court.

9. Arrange the following sentences logically:

1. To this very simple definition two points should be added: crime is not a crime if committed by someone who is legally incompetent.

2. No criminal law is constitutional which is ex post facto, that is, which says something is illegal that was legal when it was done.

3. A crime is an act or omission defined and made punishable by law.

4. And a crime is not a crime unless, at the time it was committed, a law was in effect saying the offense was a crime.

10. Classify the following derivatives into different parts of speech naming means of word-building:

omission, definition, driver, legally, incompetent, constitutional, crimi­nal, illegal, motion, injury, motorist, doubtless, prosecutor, commission.

SPEAKING

Work with you partner and role-play the conversation by short fragments:

Дата добавления: 2015-11-14