Добавил:
Upload Опубликованный материал нарушает ваши авторские права? Сообщите нам.
Вуз: Предмет: Файл:
Referuvannya.docx
Скачиваний:
0
Добавлен:
01.07.2025
Размер:
30.01 Кб
Скачать

XI. Crimes and kinds of crimes.

Two things are required for a criminal offense. First, there must be a guilty act that is an act or conduct prohibited by law or a failure to do some duty required by law. Second at the time of the act an actor must have a certain guilty state of mind. For example a person might cause another’s death. Purposely causing the death of a person is murder because the guilty act and the guilty state of mind coincide. However accidentally causing the death of another person is not murder. The actor did not have the required guild state of mind.

The US law defines four types of guilty mind: purpose, knowledge, recklessness, and negligence. At least one of these states must be present when a person does a prohibited act. The prohibited act or omission is not a crime if one or more of the guilty states of mind is not present. The exceptions occur in the definition of certain crime which impose strict liability dealing with public health and safety.

Crime violates the law of a community state or nation. It is punishable in accordance with these laws. The definition of crime varies according to time and place, but the laws of most countries consider as crime such offences as arson, bigamy, burglary, forgery, murder and treason. Not all offences against the law are crimes. The laws that set down the punishments for crime form the criminal law. This law defines as crime those offences considered most harmful to the community. The common law recognizes three classes of crime: treason, felony and misdemeanor. Death or life imprisonment is the usual penalty for treason. Felony is most serious crimes. Felonies may be punished by imprisonment and fines for more than one year in a state penal institution. A misdemeanor is less serious crime. The misdemeanor may be punished by imprisonment for not more than one year, or a fine, or both.

  1. What is required for a criminal offense?

  2. What types of guilty mind does the US law define?

  3. What are felonies punished by?

  4. What are misdemeanors punished by?

Соседние файлы в предмете [НЕСОРТИРОВАННОЕ]