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Computer crime

JUDICIAL INSTITUTIONS | English courts | Selection of the trial jury | Judicial decisions as authorities | LAWYERS AT WORK | Lawyers at work | Alternative dispute resolution | What is a crime? | Ingredients of a Crime | Actus reus and mens rea |


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  7. An Electronic Computer

 

Computer crime is a way to commit crime, not a type of crime. By the mid-1980s computers were in use in nearly every kind of commercial, financial, and industrial enterprise. As record-keeping devices computers are unsurpassed in the amount of information that can be kept on a readily available file. Credit-card companies, banks, savings and loan associations, insurance companies, credit bureaus, and many other institutions keep computerized customer files. This information is for the private and confidential use of the customer and the institution.

Access to such confidential information, as well as to the more complex computer systems operated by government agencies, has been gained by computer experts, often with the intent to defraud or embezzle. Someone working within a bank or other financial organization may easily gain access to the company’s computers to transfer funds to his own or a friend's account or toanother bank.

Owners of personal home computers, too, have found ways to break into company computer systems. To accomplish a break-in of this kind, a computer operator needs a modem, a device that will connect his computer by telephone to another computer system. He also needs to know how to access another system through its code. For the average person, this would be a very difficult task; but for someone well-versed in computer logic, it has proved relatively easy. According to an American Bar Association report in 1984, billions of dollars are being lost through computer theft each year.

 

In each group of words find an odd one not belonging to a certain type of offences. Name each type of offence and explain your choice.

 

1. gambling — drug trafficking — tax cheating — bookmaking

2. mayhem — battery — sedition — kidnapping;

3. slander — libel — racketeering — medical malpractice

4. trespass — fraud — swindle — tax cheating

5. embezzlement — treason — coup — rebellion

6. disorderly conduct — mayhem — public drunkenness — driving violations

 

Explain the meaning of the following offences:

malpractice negligent homicide
felony mercy killing
misdemeanor accessory after (before) the fact
petty offense drug abuse
disorderly conduct addiction (an addict)
indictable offenses drug trafficking
premeditated murder loan sharking

 

DISCUSSION

 

1. Give extended commentaries on the following statements using necessary legal terms:

 

1. There is no universally accepted definition of a crime.

2. Criminal law is one of two main branches of law.

3. In the modern world there are certain acts that are almost universally regarded as crimes.

4. New laws or new interpretations of existing laws may make activities criminal that were once legal or, on the other hand, they may legalize acts that were once criminal.

5. There are some acts which are crimes in one country but not in another.

6. War is not a crime.

7. The principle of legality is the keystone of criminal law.

8. Legal systems traditionally do not allow double jeopardy.

9. All systems of law have statutes of limitation.

10. Most countries refuse to extradite their citizens to the jurisdiction of other countries.

11. It is generally agreed that the essential elements of a crime are voluntary action or failure to act and a certain state of mind.

12. Ignorance of the law is no excuse.

13. Persons suffering from mental defects are not responsible for their actions.

14. The law recognizes that the use of even deadly force may be justified under some circumstances.

 

2. Consult the Criminal Code of the Republic of Belarus and find out whether the following legal practices are used in our country (fully, partially, not used). Ground your statements:

· actus reus and mens rea;

· defense of duress;

· defense of insanity;

· self-defense;

· mitigation;

· defense of crime of passion.

 

3. What — in detail — would happen to you in our country if you were caught:

a) speeding in your car;

b) in possession of soft drugs;

c) with a gun in your pocket;

d) breaking into house;

e) withholding information from the court being a witness;

f) using forged money to pay your purchase in the shop;

g) blackmailing your boss?

 

UNIT 7

 

TORTS

 

 

LIST OF WORDS

 

tort punitive/exemplary damages
negligence actual/compensatory damages
trespass defenses to negligence
vicarious liability contributory negligence
nuisance comparative negligence
tortfeasor nominal damages
defamation governmental immunity
statutory conversion
strict liability litigation
false imprisonment litigants
duty of care intentional torts
actionable hazardous activity
assumption of risk product liability
disparagement of reputation legal remedy

 

 

Ex. 1. Complete the missing forms

 

Noun Verb Adjective
definition
act
permission
violent
compensate
authority
false
defamation
insure
statutory
treatment
deter
liable

 

Ex. 2. The following words from the box can be used with the prefix mis-, which has a negative meaning. Find out their meaning and supply the sentences with required words.

 

application, behave, deeds, interpretation, judgement, treat, use, trust, conduct

 

1. This new computer system is completely unnecessary and a ______ of taxpayers’ money.

2. There is a huge temptation to ______ on the financial markets when there is money to be made.

3. Two directors have resigned following accusations of ______ of the company’s financial affairs.

4. Since her release from prison she’s been making up for her past ______ by doing a lot of voluntary work.

5. Her ______ of the public’s concern about environmental issue lost her the election.

6. The inquiry has found evidence of serious mismanagement and ______ of funds over the past five years.

7. Although the dispute ended two years ago there is still considerable ______ between the management and the workforce.

8. The Jury’s decision to convict the defendant was based on a ______ of the evidence.

9. I think people who ______ their pets should be banned from keeping them.

 

 

Ex. 3. Match the words with their definitions.

 

conversion, battery, trespasser, prevent, accident, authorize, liability, tortfeasor, defamation, infringement

 

1. A person who makes a wrongful act, injury or damage for which a civil action can be brought.

2. Something which happens unexpectedly and unintentionally, esp. causing damage or injury.

3. To give official permission for something to happen, or to give someone official permission to do something.

4. Taking and using another’s property unlawfully.

5. Damage to a person’s or group’s reputation by saying or writing bad things about them which are not true.

6. Violation of patent, copyright or trademark rights.

7. To stop something happening or someone doing something.

8. A person who enters another’s property unlawfully.

9. Responsibility for something or somebody.

10. Touching somebody in harmful or offensive way.

 

 


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