CRIMINAL LAW. ► Ex. I. Scan through the text

► Ex. I. Scan through the text. Work in pairs to answer the questions that follow.

Criminal law is the body of law that defines criminal offenses, regulates the apprehension, charging, and trial of suspected per­sons, and fixes punishment for convicted offenders. Criminal law defines 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. A crime is usually defined as a voluntary act or omission, together with a given state of mind. The state of mind involves purpose, awareness, recklessness, or negligence. Acts committed during fits of epilepsy or while sleepwalking are involuntary and thus do not qualify as crimes. Mental disor­ders are also recognized as limiting or absolving responsibility for acts otherwise regarded as criminal. The law of most coun­tries recognizes that the use of force might be justifiable. The use of force might be justifiable in self-defense, defense of other persons, protection of property, and enforcement of the law. Criminal acts include arson, rape, treason, aggravated as­sault, theft, burglary, robbery, murder, and conspiracy. [Con­spiracy is a secret plan made by two or more people to do some­thing that is harmful or illegal.] Criminal law also deals with the preparation of charges and with trial procedures. The latter in­volves the formation of juries, the guarantee of a public trial, the right to counsel, the presentation of evidence, the establish­ment ‘of guilt, and sentencing, if guilt has been established. Criminal law is concerned with postconviction procedures, such as calling for a new trial or challenging a conviction, either in the court where the conviction was declared or in appeal to a higher court.

Criminal law – уголовноеправо; body of laws - совокуп­ностьправовыхнорм; apprehension [aepri'henJan] - за­держание, арест; charging - обвинение; convicted - осуж­денный; voluntary act ['vDlantari aekt] –умышленноедейст­вие; omission [эи'пи/эп] - бездействие; state of mind - на­мерения, направлениемыслей; психическоесостояние; epilepsy [’epilepsi] - эпилепсия; awareness [s'weanis] - от­четвсобственныхдействиях; recklessness [’reklisms] - опрометчивость, неосторожность; ['neglid3snsj - небреж­ность; mental disorder –психическоезаболевание; absolve [sb'zDlv] - прощать; otherwise ['A^awaiz] –вдругихотно­шениях; justifiable [’d3AStifaiabl] –могущийбытьоправ­данным; enforcement of law –применениезакона; arson ['a:sn] - поджог; rape [reip] - изнасилование; treason [’tri:zn] – государственнаяизмена; aggravated assault ['aegrsveitid a'sDilt] – нападениеприотягчающихобстоя­тельствах; theft [0eft] - кража; burglary [’Ьэ:д1эп] –ночнаякражасовзломом; robbery ['гэЬэп] –грабежснасилиемилиразбой; murder ['maida] –умышленноеубийство; con­spiracy [kan'spirasi] –сговоросовершениипреступления; public trial –открытыйсудебныйпроцесс; right to counsel –правопользоватьсяпомощьюадвоката; establish the guilt –доказатьвину; postconviction procedure –судопроизводствопослеосуждения; challenge ['t/aelind3] - оспa ривать; conviction [kan'vikJэп] – обвинительныйприговор.

What law defines criminal offenses? 2) What does criminal law regulate? 3) What does criminal law fix? 4) It is not a crime unless the law says it is one, is it? 5) What is a crime usually defined as? 6) What does the state of mind involve? 7) What acts are not qualified as crimes? 8) What is also recognized as absolving responsibility for criminal acts? 9) What does the law of most countries recognize? 10) What do criminal acts in­clude? 11) What does criminal law also deal with? 12) What do trial procedures involve? 13) What is criminal law concerned with?

► Ex. II. Agree or disagree with the following statements.

1) Criminal law defines civil offenses. 2) Criminal law doesn’t regulate the apprehension, charging, and trial of suspected per­sons. 3) Criminal law prescribes the punishment for convicted offenders. 4) A crime is usually defined as a voluntary act, to­gether with a given state of mind. 5) The state of mind involves criminal purpose, consciousness, carelessness, or neglect behav­ior. 6) Acts committed during fits of anger are involuntary and thus do not qualify as crimes. 7) Political disorders are also rec­ognized as limiting or absolving responsibility for acts other­wise regarded as criminal. 8) The use of force is unjustifiable in self-defense and enforcement of the law. 9) Criminal acts in­clude spontaneous combustion and parking violation. 10) Trial procedures don’t include the formation of juries and the estab­lishment of guilt.

► Ex. III. Restore the word order in the following statements.

1) Criminal law criminal offenses defines. 2) Criminal law the apprehension of suspected regulates persons. 3) Criminal law the charging of suspected regulates persons. 4) Criminal law the trial of suspected persons regulates. 5) Criminal law punishment for convicted offenders fixes. 6) It is not a crime unless the law it is one says. 7) A crime a dishonest, violent, or immoral action that can be punished by law is. 8) The state of mind purpose and awareness involves. 9) Acts are committed during fits of epi­lepsy involuntary. 10) Acts qualify committed while sleepwalk­ing do not as crimes. 11) The use of force might justifiable be. 12) Criminal acts murder and conspiracy include. 13) Criminal law with the preparation of charges deals. 14) Criminal law with trial procedures deals. 15) Trial procedures the formation of juries involve. 16) Criminal law is with postconviction proce­dures concerned.

► Ex. IV. Translate the following words and phrases from Russian into English.

Самовозгорание; умышленное убийство; сговор о соверше­нии преступления; открытый судебный процесс; право

пользоваться помощью адвоката; доказать вину; судопро­изводство после осуждения; оспаривать; уголовное право; совокупность правовых норм; обвинение; осужденный; умышленное действие; задержание; обвинительный приго­вор; бездействие; психическое состояние; эпилепсия; отчет в собственных действиях; неосторожность; прощать; могу­щий быть оправданным; применение закона; нападение при отягчающих обстоятельствах; кража; ночная кража со взломом; грабеж с насилием или разбой; небрежность; поджог; изнасилование; измена; психическое заболевание.

► Ex. V. Complete the following statements.

1) Criminal law defines... 2) Criminal law regulates...

3) Criminal law fixes... 4) It is not a crime unless... 5) A crime is defined as... 6) The state of mind involves... 7) Acts commit­ted during... don't qualify as... 8) Mental disorders are recog­nized as... 9) The use of force is justifiable in... 10) Criminal acts include... 11) Criminal law deals with... 12) Trial proce­dures involve... 13) Criminal law is concerned with...

4)

► Ex. VI. Choose one topic to speak about a) what criminal law deals with; b) crime and its definition; c) unjustifiable and justifiable use of force. Retell the text Criminal law.

UNIT 2

► Ex. I. Scan through the text. Work in pairs to answer the questions that follow.

The concept of crime. Crime and punishment - respectively, the intentional commission of an act usually deemed socially harmful or dangerous and specifically defined, prohibited, and punishable under the criminal law; and the infliction of some kind of pain or loss upon a person found guilty of committing such a misdeed. Crime is whatever conduct the laws of a particular jurisdiction designate as criminal, and there are many differences from one country to another as to what behavior is prohibited. Conduct that is lawful in one country may be crimi­nal in another, and activity that amounts to a trivial infraction in one country may constitute a serious crime elsewhere. Chang­ing times and social attitudes may lead to changes in the crimi­nal law, so that behavior that was once criminal becomes law­ful. Abortion, once prohibited except in the most unusual cir­cumstances, has become lawful in many countries, as has ho­mosexual behavior in private between consenting adults, which was once a serious offense. Suicide and attempted sui­cide, once criminal, have also been removed from the criminal law in many countries. The trend generally is to increase the scope of the criminal law rather than to reduce it. It is more common to find that laws create new criminal offenses than that they abolish old ones. New technologies give rise to new oppor­tunities for their abuse, which in turn give rise to legal restric­tions; just as the invention of the motor vehicle led to the creation of new criminal laws designed to regulate its use, so the use of computers has created the need to legislate against new abuses and frauds—or old frauds committed in new ways.

Deem - считать; infliction [in'flikJэп] - причинение; mis­deed - злодеяние; jurisdiction [dsuaris'dikjan] –судебнаяпрактика; designate - определять; amount to [a'maunt] - до­ходитьдо; trivial infraction ['trivial in'fraekjan] –мелкоеправонарушение; constitute ['lonstitju:t] - составлять; abortion [a'b:>:Jan] - аборт; homosexual ['hauma'sekjual] - гомосексуальный; in private [in ’praivit] - наедине; consent [kan'sent] - согласие; adult ['aedAlt] - совершеннолетний; attempted suicide ['sjuisaid] –покушениенасамоубийство; trend [trend] - тенденция; scope [skaup] - рамки; abuse [a'bju:s] - злоупотребление; legal restriction –правовоеограничение; legislate ['Ied3isleit] –издаватьзаконы; fraud [fn:d] - мошенничество; inflict harm on –причинитьвред; lawful age –гражданскоесовершеннолетие; inten­tional participator in a crime –соучастникпреступления; specially dangerous –особоопасный; relief - облегчение.

► What is meant by the term “crime”? 2) What is meant by the term “punishment”? 3) Crime is whatever conduct the laws of a particular jurisdiction designate as criminal, isn't it? 4) Are there many differences from one country to another as to what behavior is prohibited? 5) Conduct that is lawful in one coun­try may be criminal in another, mayn't it? 6) Activity that amounts to a trivial infraction in one country may constitute a serious crime elsewhere, mayn't it? 7) May changing times and social attitudes lead to changes in the criminal law? 8) Can behavior that was once criminal become lawful? 9) What creates new criminal offenses?

Ex. II. Agree or disagree with the following statements.

Crime is the intentional commission of an act deemed so­cially harmless. 2) Crime is the intentional commission of an act deemed specially dangerous. 3) Crime is needful to be spe­cifically defined. 4) Crime should be authorized. 5) Crime is to be punishable under the civil law. 6) Punishment is the inflic­tion of pleasure upon a person found guilty of committing a misdeed. 7) Punishment is the infliction of relief upon a person found guilty of committing a misdeed. 8) Crime is whatever conduct the laws of a particular jurisdiction define as criminal.

9) Conduct that is lawful in one country may be unlawful in another. 10) Behavior that was once lawful becomes criminal.

5) Laws must not create new criminal offenses. 12) New tech­nologies give decrease to new opportunities for their abuse.

► Ex. III. Restore the word order in the following statements.

1) Crime the intentional commission of an act is deemed so­cially harmful. 2) Crime the intentional is commission of an act deemed socially dangerous. 3) Crime be specifically must de­fined. 4) Crime be should prohibited. 5) Crime to be punishable under the criminal law is. 6) Punishment the infliction of painupon a person found guilty of committing a is misdeed. 7) Pun­ishment the infliction of loss upon a person found guilty of committing a misdeed is. 8) Crime whatever conduct the laws of a particular jurisdiction designate as criminal is. 9) Conduct may be that is lawful in one country criminal in another.

► Behavior becomes that was once criminal lawful. 11) Laws new criminal offenses create. 12) New technologies rise to new give opportunities for their abuse. 14) The led invention of the motor vehicle to the creation of new criminal laws designed to regulate its use. 15) The use of computers the need to legislate against new frauds created.

6) Ex. IV. Translate the following words and phrases from Russian into English.

11 издавать законы; мошенничество; причинить вред; граж­данское совершеннолетие; особо опасный; причинение; злодеяние; судебная практика; мелкое правонарушение; аборт; злоупотребление; правовое ограничение; гомосексу­альный; согласие; совершеннолетний; покушение на само­убийство; соучастник преступления; облегчение.

7) Ex. V. Complete the following statements.

I) ('rime is the intentional commission of... 2) Punishment is lie infliction of... 3) Crime is whatever... 4) Conduct that is lawful in one country may be... 5) It is more common to find dial laws... 6) New technologies give... 7) The invention of ||h* motor vehicle led... 8) The use of computers created...

8) Ex. VI. Choose one topic to speak about a) crime and punishment; /») lawful and unlawful conduct; c) new technologies and new crimi­nal laws. Retell the text The concept of crime.

UNIT 3

► Ex. I. Scan through the text Work in pairs to answer the questions that follow.

Criminal responsibility. Criminal responsibility is not limited only to those who perform the criminal acts themselves. As a general principle, anyone who “aids and abets” the perpetrator by encouraging or in any way knowingly helping him (for in­stance, by providing information, implements, or practical help) is an accomplice and is considered equally guilty. Those who actually perform the criminal act (e.g., wielding the weapon that strikes the fatal blow) are called principals in the first degree; those who assist at the time of the commission of the offense (e.g., holding the victim down while the principal in the first degree strikes the blow) are principals in the second degree; and those who assist before the crime takes place'(e.g., by lending the weapon or by providing information) are accessories before, the fact. As a general rule, all are equally responsible in the eyes of the law and liable to the same punishment. In many cases the accessory before the fact will be considered more culpable—if, for’ instance, he has instigated the offense and arranged for it to be committed. Tn some cases the person who actually performs the act that causes the crime is completely innocent of evil in­tent —for instance, the nurse who administers to a patient, on the doctor's instructions, what she believes to be medicine but what is in fact poison. In this situation the person who carries out the act is an innocent agent and is not criminally responsi­ble; the person who causes the innocent agent to act is the prin­cipal in the first degree. The accessory after the fact is one who helps a felon to evade arrest or conviction, by, for example, hid­ing him or destroying evidence.

Abet [a'bet] - подстрекать; perpetrator ['рэ:pitreita] - на­рушитель; encourage [in'kArid3] - поощрять; knowingly ['пэшг]П] - намеренно; implements [’implimsnts] - инструменты; accomplice [a'kAtnplis] - сообщник; wield [wi:Id] –иметьвруках; principal –исполнительпреступления; hold down - удерживать; accessory [ak'sessri] before the fact –соучастникдособытияпреступления; liable ['laiabal] - подлежащий; culpable [’МрэЫ] - виновный; instigate [’instigeit] - подстрекать; evil intent [in'tent] –злоенаме­рение; administer [ad'minista] - снабдить; cause [кэ:г] - заставлять; innocent agent –невиновныйагент; accessory after the fact –соучастникпослесобытияпреступления (укрыватель, недоноситель); resetter –укрывательимуще­ства, добытогозаведомопреступнымпутем; укрывательпреступника; non-information - недоносительство; felon [’felan] –уголовныйпреступник; evade [i'veid] - избегнуть; conviction - осуждение.

► Criminal responsibility is not limited only to those who per­form the criminal acts themselves, is it? 2) Who is considered equally guilty? 3) Who are called principals in the first degree? •I) Who are principals in the second degree? 5) Who are acces-.1>i ies before the fact? 6) Who are equally responsible in the eyes of the law and liable to the same punishment? 7) When will the accessory before the fact be considered more culpable? N) In what cases is the person who actually performs the act that <.uises the crime completely innocent? 9) Who causes the inno-

9) cut agent to act? 10) Who is the accessory after the fact?

Ex. II. Agree or disagree with the following statements.

1)Criminal responsibility is limited only to those who perform the criminal acts themselves. 2) The sketch of the perpetrator aids the police to prove the identity of the perpetrator. 3) Any­one who abets the perpetrator by providing information is a partator. 4) Anyone who helps the perpetrator by providing implementsis not a law-breaker. 5) Anyone who abets the criminal by providing practical help is not an evil-doer. 6) Anyone who encourages the perpetrator is considered unequally guilty. 7) Those who actually perform the criminal act are called principals in the second degree. 8) Those who assist at the time of thecommission of the offense are principals in the first degree. 9) Those who assist before the crime takes place are accessories after the fact. 10) The accessory before the fact is one who helps a felon to evade conviction by destroying evidence.

► Principals and accessories are equally irresponsible in the eyes of the law. 12) Principals and accessories are likely to be affected by the same punishment. 13) The person who actually performs the act that causes the crime might be completely guilty of evil intent. 14) The person who carries out the act un­knowingly is innocent in law. 15) The innocent agent is crimi­nally responsible.

10) Ex. III. Restore the word order in the following statements.

1) Criminal responsibility not limited only to those who per­form the criminal acts themselves is. 2) Anyone is who aids and abets the perpetrator by providing information an accomplice. 3) Anyone who is aids the perpetrator by providing implements an accomplice. 4) Anyone who the perpetrator by providing practical help is an abets accomplice. 5) Anyone who the perpe­trator is considered equally encourages guilty. 6) Those who actually the criminal act are called principals in the first degree perform. 7) Those who the weapon that strikes the fatal blow are wield called principals in the first degree. 8) Those assist who at the time of the commission of the offense are principals in the second degree. 9) Those hold who the victim down while the principal in the first degree strikes the blow are principals in the second degree. 10) Those assist who before the crime takes place are accessories before the fact. 11) Those who the weapon or provide information are lend accessories before the fact.

Principals and accessories equally responsible in the eyes of the law are. 13) Principals and accessories are to the same pun­ishment liable. 14) The might accessory before the fact be con­sidered more culpable if he has instigated the offense and ar­ranged for it to be committed. 15) The person who actually the act that causes the crime might be completely innocent of evil intent performs. 16) The person who the act unknowingly is an innocent agent carries out. 17) The is innocent agent not crimi­nally responsible. 18) The causes person who the innocent agent to act is the principal in the first degree. 19) The accessory after the fact one who helps a felon to evade arrest by hiding him is' 20) The accessory after the fact one who helps a felon to evade conviction by destroying evidence is.

► Ex. IV. Translate the following words and phrases from Russian into English.

Виновный; злое намерение; снабдить; заставлять; невинов­ный агент; соучастник после события преступления; под­стрекать; нарушитель; поощрять; намеренно; инструменты; сообщник; иметь в руках; исполнитель преступления; удерживать; соучастник до события преступления; подле­жащий; укрыватель преступника; недоносительство; уго­ловный преступник; избегнуть; установить личность пре­ступника; словесный портрет преступника; невиновный по закону; осуждение.

► Ex. V. Complete the following statements.

1) Criminal responsibility is not limited to... 2) Anyone who aids the perpetrator is... 3) Those who actually perform the criminal act are called... 4) Those who assist at the time of the commission of the offense are... 5) Those who assist before the crime takes place are... 6) Principals and accessories are equally responsible in... and liable to... 7) The accessory be­fore the fact will be considered more culpable if he... 8) The person who actually performs the act that causes the crime might be... 9) The person who carries out the act is... 10) The person who causes the innocent agent to act is... 11) The ac­cessory after the fact is...

!► Ex. VI. Choose one topic to speak about a) principals; b) accesso­ries; c) innocent agents. Retell the text Criminal responsibility.

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CHAPTER II

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