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Chapter III Criminal Law.doc
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From time immemorial… caesar’s wife – жена цезаря

The words Caesar’s wife are used to describe a person on whom even the shadow of suspicion must not be allowed to fall.

Julius Caesar divorced his wife on the strength of a rumor: her name was often mentioned whenever people talked about one of his men. He did not take the trouble to inquire into the matter and establish the correctness of the accusation. As Caesar’s own reputation in the matters of morality was not above reproach, someone asked him why he had divorced his wife on a mere suspicion. His reply was that it did not matter for Caesar’s himself, but a woman who got herself talked about was not fit to be Caesar’s wife; Caesar’s wife must be above all suspicion.

This is a Trust Fund. Anything that it supports must be Caesar’s wife. We both know that there are some damn good unqualified people in this job. But there are a lot of shockers, too.

N. Balchin, Mine own executioner.

It mattered little if a King’s passions ran away with him, but a Queen, like Caesar’s wife, had to be above suspicion.

J. E. Neale, Queen Elisabeth.

Pronunciation and stress:

Julius Caesar [´ʤu:ljǝs ´si:zǝ], guilty [´gilti ].

17. Make up questions in English to which the following Russian sentences would be answers. Do a two-way translation using both the statements and the questions.

  1. Выражение жена Цезаря употребляется шутливо применительно к людям, чья репутация должна быть столь безупречна, что на них не может пасть даже тень подозрения.

  2. Впервые это выражение было употреблено самим Юлием Цезарем.

  3. По слухам, в жену Цезаря влюбился один из его соратников.

  4. Цезарь немедленно развелся со своей женой, хотя его собственная репутация была далеко не безупречной.

  5. Он поступил так вовсе не потому, что считал жену виноватой.

  6. Когда Цезарю задали вопрос, почему он оставил свою жену по одному подозрению в адюльтере, он ответил, что его собственная репутация в вопросах морали не имеет значения, но жена его должна быть безупречной [3].

Unit 4 Particular Offenses (Part 3)

Reading

1. Read and translate the following groups of words derived from a common root:

occur – occurrence – recurrent;

close – closure – disclose – disclosure – disclosing;

person – persona – personal – personalization – personation – impersonation – personify – personification;

intent – intention – intentional – intentionally– unintentional;

advance – advantageous – advantage – disadvantage;

charge – chargeable – discharge – overcharge;

false – falsely – falsity – falsify – falsification – fault – default.

2. Read and translate the following international words.

Narcotic, stimulant, depressant, liquor, genuine, obligation, legal, regulatory, stamp, occupant, community, false, personation, official.

3. Read the text and translate it . While reading the text try and find answers to these questions.

  1. What is referred to as “controlled sub­stances?”

  2. What places are usually defined as “disorderly houses?”

  3. What sort of crimes can be committed by “false pretenses?”

  4. Is the mode of writing important in the crime of forgery?

PARTICULAR OFFENSES

(Part 3)

Controlled Substances – Certain narcotics, stimulants, depressants and other mind-altering drugs are collectively referred to as “controlled sub­stances,” and both federal and state laws have been enacted which make it a crime to possess or sell such substances without a medical prescription or for some other legitimate purpose. It may also be a crime to possess or sell the implements, such as syringes and pipes, which are employed in the illegal use of such substances. Intoxicating liquors, and the problems associated with them, have given rise to a vast body of regulatory and penal statutes, both federal and state.

Counterfeiting – The crime of counterfeiting involves the making of a copy without authority with a view to deceive or defraud by passing the copy as original or genuine. Counterfeiting can involve the copying of currency, coinage or stamps of the United States, or other things, such as objects of art.

Desertion and Non-Support – The failure of a parent and head of house­hold to fulfill a legal obligation to support a family, and for the desertion of that family, has been made into the crime of desertion and non-support in some jurisdictions.

Disorderly HouseA “disorderly house” is defined in some jurisdictions as a place where acts are performed that tend to corrupt the morals of the community or to promote breaches of the peace, or as a place kept for the purpose of public resort for thieves, drunkards, drug addicts or prostitutes. It is the behavior of the occupants rather than the physical character of the place that makes it a disorderly house. To constitute the offense of maintain­ing a disorderly house, a single act or occurrence is not generally sufficient; there must usually be recurrence of the disorderly or immoral acts on the premises.

Escape –The crime of “escape” consists of the act of unlawful departure of a legally confined prisoner from custody, or the act of a prisoner in regaining liberty before having been released in due course of law. As distinguished from escape, some jurisdictions have a separate offense entitled “prison breach” (jail breaking), which involves a breaking and escape from prison by means of the use of force. “Rescue” is the crime of a third person, other than the official custodian, who directly or indirectly aids another person to escape from proper custody. A related offense is harboring or concealing escaped prisoners.

America’s estimated prison population reached 2 million [at the start of the 2000s], up from 1 million at the start of the 1990s” [24].

Extortion and Blackmail –The taking of money or property from another by the latter's consent, but with the consent having been obtained through the wrongful use of force or fear under circumstances not amounting to robbery. The difference between extortion and robbery is that in order to constitute robbery, property must be taken against the will and without the consent of its possessor, whereas in extortion consent is obtained, though unwillingly and by wrongful means. Blackmail is the extortion of money or other property as the price exacted for the nondisclosure of discreditable secrets. Many statutes define blackmail as the extortion of money from a person by threats of accusation or exposure, or threats of public prosecution; the extortion of hush money; a bribe to keep silent; or the obtaining of property from a person as a condition of refraining from making an accusation or disclosing some prejudicial secret.

False Pretenses –The crime of obtaining property by false pretenses is the making of an intentionally false statement concerning a material fact which the victim of the offense relies upon and parts with title and possession of property. To be guilty of this offense, the accused must have had knowledge of the falsity of the representations or pretenses at the time they were made, unless they were made recklessly and without information justifying a belief they were true. Also, something of value must have been obtained and that person giving up the property relied upon the misrepresentations and was actually deceived. Some statutes refer to this crime as obtaining money or property by a “confidence game,” which occurs when one person leads another to repose trust in the former with a view toward taking advantage of the confidence of the latter. In some states, the making of false or fraudulent statements in advertising is an offense.

Firearms or Weapons—The criminal laws of all jurisdictions make it an offense to carry certain kinds of weapons in particular areas in a concealed fashion without a permit or to discharge a weapon in certain places.

ForgeryThe false making or material alteration of any writing with intent to defraud when the writing, if genuine, would be the foundation of some legal liability. The mode of writing is immaterial, as there may be forgery by stamping, engraving or typewriting, as well as by handwriting. The term “falsely,” as applied to the making or altering of a writing in order to make it a forgery, does not refer to the contents or the facts stated in the writing; rather, it contemplates that the paper or writing is not genuine, that in itself it is false or fraudulent. Hence, a false statement of fact in the body of an instrument, such as a false assertion of authority to write another's name, is not forgery. Where authority is given to sign the name of another to a writing, whether oral, written, express or implied, there can be no forgery. A concomitant of the act of forgery is the “uttering” of a forged instrument, which consists in offering to another the forged instrument with the knowledge of its falsity and with intent to defraud.

Gambling or Gaming – An agreement between two or more persons to risk money or property in a contest of chance. Most forms of betting or wagering are contemplated by this definition. In addition, the persons who promote, organize or control a gambling operation can be held accountable if they receive any profits from the activity, even if not acting as gamblers themselves. In some states certain types of gambling are lawful when under the strict control of the government, such as lotteries, parimutual betting on horse and dog races, and in off-track betting parlors.

Harboring Criminals—A person who, knowing that a felony has been committed by another, receives, comforts or assists the felon can, in some jurisdictions, be guilty of the crime of being an accessory after the fact [1].

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