89

b) хулиганство

d)право ношения оружия

e)необоснованный обыск

f)обвинительный акт

g)повторный риск уголовной ответственности

h)надлежащая правовая процедура

Exercise 2. Fill in the appropriate prepositions.

1.The Amendments concerning issues of officer liability are ___ particular importance___ law enforcement.

2.Examples of law enforcement activities affected___ the First Amendment include arrests ___ disorderly conduct and seizure of press materials.

3.Persons have a reasonable expectation of privacy and noninterference___

people's right to possess and maintain control___ their property.

4.The Fifth Amendment is best known___ prohibiting compelled self-incrimination.

5.No State shall deprive any person of life, liberty or property, ___ due process of law.

6.No State shall deny any person___ its jurisdiction of the equal protection of the laws.

7.The Fifth Amendment also contains a due process clause but is limited only___

the actions of the federal government.

Exercise 3. Match these terms and their definitions.

Exercise 4 .Answer these questions.

1.What amendments are of particular importance to law enforcement?

2.What freedoms and rights do the First and the Second Amendments protect?

3.What does the Fourth Amendment prohibit?

4.What is the Fifth Amendment is best known for?

Total : 24

Your score :_________________

TEXT 4

Types of the US police

Policing in the United States is conducted by numerous types of agency at many different levels. Every state has their own nomenclature for agencies, and their powers, responsibilities and funding varies from state to state.

Federal Law Enforcement Officers are authorized to enforce federal laws not only at the federal level, but also state, county, and local in many circumstances. At a crime or disaster scene affecting large numbers of people, multiple jurisdictions, or broad geographic areas, many police agencies may be involved by mutual aid agreements.

The federal government is prohibited from exercising general police powers due to the fact that the United States is organized as a union of sovereign states. However, once the fugitive crosses a state line he violates the federal law of interstate flight and is subject to federal jurisdiction, federal law enforcement agencies may become involved.

All states operate statewide government agencies that provide law enforcement duties, including investigations and state patrols. They may be called State Police, State Patrol or Highway Patrol, and are normally part of the state Department of Public Safety. In addition, the Attorney General's office of each state has their own state bureaus of investigation. State governments may also operate capitol police, Departments of Correction, Water police, environmental

police.

Also known as parishes and boroughs, county law enforcement is provided by Sheriffs' Departments or Offices and County police. County police tend to exist only in metropolitan counties and have countywide jurisdiction. In some areas, there is a sheriff's department which only handles minor issues such as service of papers, along with security for the local courthouse. In other areas, the local sheriff is the exclusive law enforcement agency. County police tend to fall into three broad categories:

-Full-service - provide the full spectrum of police services to the entire county and may provide contractual security police services to special districts within the county.

-Limited service - provide services to unincorporated areas of the county.

-Restricted service - provide security police to county owned and operated facilities and parks. Some may also perform some road patrol duties on county built and maintained roads, and provide support to municipal police departments in the county.

Full service Sheriffs' departments provide all traditional law-enforcement functions, including countywide patrol and investigations irrespective of municipal boundaries. Limited service ones may be limited to security police duties on county properties (and others by contract). Restricted service departments provide basic court related services such as keeping the county jail, transporting prisoners, providing courthouse security and other duties with regard to service of process and summonses that are issued by county and state courts.

Municipal police range from one-officer agencies to the 40,000 men and women of the New York City Police Department. Most municipal agencies take the form (Municipality Name) Police Department. Many individual cities and towns will have their own police department. Metropolitan departments, such as the Las Vegas Metropolitan Police Department, have usually have been formed by a merger between local agencies, typically several local police departments and often the local sheriff's department , in efforts to provide greater efficiency by centralizing command and resources.

There are other types of specialist police department with varying jurisdictions. Special district police can be transit police, campus police, airport police, park police or police departments responsible for protecting government property.

Exercise 1. Match the word combinations and their translation.

Exercise 2. Say if the sentences are true or false.

1.Every state is limited to federal nomenclature for police agencies, their powers, responsibilities and funding.

2.Federal police are authorized to enforce federal laws not only at the federal level, but also state, county, and local in many circumstances.

3.The federal government may exercise general police powers due to the United States Constitution.

4.Federal law enforcement agencies that provide investigations and patrols may be called State Police, State Patrol or Highway Patrol.

5.County police tend to exist only in metropolitan counties and have countywide jurisdiction.

6. There are many types of specialist police department with varying jurisdictions.

Exercise 3. Answer these questions.

3. In what circumstances may federal law enforcement agencies become involved?

4. What type of agencies is county law enforcement provided by? 5. What three broad categories does county police fall into?

6.Are municipal police big or small?

7.What jurisdictions can special district police have?

Total : 22

Your score :_________________

TEXT 5.

Categories and Classes of Offenses

The term offense broadly describes acts that are punishable under law. Criminal offenses are punishable by incarceration and classified as either felony or misdemeanor. Noncriminal offenses, or civil infractions, are punishable by monetary fines or something other than incarceration. An example of a noncriminal offense is a traffic violation such as failure to yield the right of way. A felony is any crime committed for which the maximum penalty is death or incarceration in a state correctional facility for more than one year. Felonies are classified based on the severity of the offense's maximum or minimum penalty. Each of the five felony classes is defined by the penalty and/or fine associated with it. A capital felony is the highest class of felony. The penalty for offenses in this class is death or life imprisonment in a state correctional facility without the possibility of parole. For example, first-degree murder is a capital felony and the only capital felony for which the state may impose the penalty of death. All other capital felonies require the state to impose a life sentence without the possibility of parole. An example is sexual battery on a child under 12 years old by a person 18 years or older.

A life felony has varying penalties, including up to life imprisonment in a state correctional facility, a fine of up to $15,000, or both. The penalty may vary depending on when the crime was committed and the type of crime committed. In addition, some crimes classified as a first-degree felony, such as kidnapping or rape, may be reclassified as a life felony, if the crime was committed with the use of a weapon or firearm.

A first-degree felony carries a maximum penalty of 30 years in a state correctional facility, a fine of up to $10,000, or both. But kidnapping is a first-degree felony

punishable by life imprisonment.

A second-degree felony is punishable by a maximum of 15 years in a state correctional facility, a fine of up to $10,000, or both (ex. Aggravated Battery).

A third-degree felony carries a maximum penalty of five years in a state correctional facility, a fine of up to $5,000, or both (ex. Aggravated Assault). Penalties of imprisonment may be extended for defendants who have been classified as a violent career criminal, or habitual felony offender. Some crimes may be reclassified to the next higher degree when certain factors are present:

-violent offenses committed against law enforcement officers, correctional officers, State Attorneys, Assistant State Attorneys, and judges

-wearing a mask, hood, etc. to conceal identity while committing a felony or misdemeanor

-wearing a bulletproof vest while committing certain offenses

-evidencing prejudice while committing a crime (hate crimes) -possessing a weapon while committing a crime

- unlawful taking, possessing, or using of a law enforcement officer's firearm during the commission of a crime

-committing a misdemeanor or felony that facilitated or furthered an act of terrorism.

Similarly, some offenses may be reclassified based on certain factors. For example, attempting most crimes is a degree lower than the completion of the offense.

A misdemeanor is any criminal offense with a maximum incarceration penalty in a county jail up to one year. Misdemeanors are divided based on the maximum penalty and/or fine associated with the offense.. A first-degree misdemeanor carries a maximum penalty of one year in a county jail, a fine of $1,000, or both. Battery is a first-degree misdemeanor. A second-degree misdemeanor carries a maximum penalty of 60 days in a county jail, a fine of $500, or both( ex. criminal mischief involving property damage totaling less than S200).

Civil penalty is a noncriminal violation, also known as a civil infraction. A noncriminal violation does not constitute a crime, and conviction for a noncriminal violation shall not give rise to any legal disability based on a criminal offense.

Exercise 1. Find these words and word combinations in the text.

a)правонарушение

b)уголовное, тяжкое преступление

d) преступление средней тяжести

e)опасный опытный преступник

f)рецидивист

g)гражданско-правовое взыскание.

Exercise2. Complete these word partnerships.

Exercise 3. Complete these sentences.

1.The term offense broadly describes ……………….......

2.Felonies are classified based on....................................

3.Penalties of imprisonment may be extended for...............

4.The penalty may vary depending on ……………………

5.A misdemeanor is........................….................................

6.Civil penalty is...................................................................

Exercise 4. Answer these questions.

1.How are criminal offenses classified?

2.How many felony classes are there?

3.What is the highest class of felony?

4.When may crimes be reclassified to the next higher?

5.What types of misdemeanors are there?

Total : 25

Your score :_________________

TEXT 6.

Proving a Criminal Offense

To determine if a crime has occurred, an officer must determine whether elements of a criminal act are present. The officer must have probable cause to believe that a crime has been committed (corpus delicti or "body of the offense") and that the person to be charged committed the crime. Generally, to prove that a crime has been committed, it must be shown that a criminal statute specifically prohibits the alleged act or omission and that the person committing the act or omission did so knowingly or intentionally.

In most cases, a criminal offense requires an offender to take some physical action towards committing the criminal offense. Mere thoughts do not constitute criminal liability. However, a person may also commit a criminal act by failing to act, that is, by omission. To base criminal liability on failure to act, it must first be found that the person had a legal duty to act and not simply a moral duty.

For an offender to be guilty of a criminal offense, the offense must be defined so that the offender engages in specific conduct or intentionally produces a specified result. Intent is defined as purposely doing what the law declares to be a crime. It is generally accepted that a person intends the result of his or her actions if the person consciously desires a particular result to occur or if the person knows that the result is practically certain to follow from his or her conduct, regardless of a desire for the result.

Under criminal law principles, there are four basic classifications of intent: general, specific, transferred, and criminal negligence.

General intent defines most criminal offenses, which require some forbidden act by the offender. To qualify as an act, the offender's bodily movement must be voluntary. Therefore, to some extent, all crimes requiring an act also require at least the offender's intention to make the bodily movement, which becomes the act to commit the criminal offense. For example, resisting a law enforcement officer with violence is a general intent crime.

Specific intent requires more than reasonable expectation of the result. Specific intent designates a special mental element of intention to cause a particular result, which is required over and above any mental state required for the

offender to commit the act. A specific intent crime will list in the statute the specific elements which must be met. For example, burglary is a specific intent crime.

Transferred intent is present when an intentional act harms an unintended second victim . For example, a person intending to illegally shoot one victim unintentionally misses and strikes a second victim.

For criminal liability to exist based on an offenders act, there must also be a causal relationship between the offender's act and the resulting harm. The offender's conduct must cause the result. In other words, but for the offender's conduct, the result would not have occurred.

The crime ultimately charged must bear some causal relationship to the actions of the defendant. Situations involving transferred intent are complex. The causal relationship between the offender's act and the resulting harm may also be specifically permitted by law. This principle is known as a legal defense or legal justification.

The fourth category of intent, sometimes referred to as criminal negligence or recklessness, imposes criminal liability on a defendant when he or she did not intend for his or her behavior to cause the resulting harm at all. Simple negligence cannot give rise to criminal charges; it is only when that negligence is gross or flagrant it reaches the level of criminal responsibility called culpable negligence. Culpable negligence is consciously doing an act that the person knew or should have known was to cause injury. An example of this fourth category of intent is vehicular homicide.

Exercise 1. Find these words and word combinations in the text.

a)состав преступления

b)веские основания полагать

d)бездействие

e)общий. косвенный умысел

f)конкретный/ прямой умысел

g)перемещенный умысел

h)преступная небрежность. халатность

Exercise 2. Fill in the appropriate prepositions.

I. A criminal offense requires an offender to take some physical action ____

committing the criminal offense.

2. ____ criminal law principles, there are four basic classifications of intent.

3. Resisting a law enforcement officer____ violence is a general intent crime.

4. Specific intent designates a special mental element of intention to cause a particular result, which is required ___ and ___ any mental state required for the offender to commit the act.

5. ____ criminal liability to exist based on an offenders act, there must also be a causal relationship____ the offender's act and the resulting harm.

6. Simple negligence cannot give rise____ criminal charges.

Exercise 3. Complete these sentences.

1.To determine if a crime has occurred, an officer must .......................

2.To base criminal liability on failure to act, it must first be found .......

3.Intent is defined as ...............................................................................

4.General intent defines.........................................................................

5.Specific intent designates ..................................................................

6.Transferred intent is present when.....................................................

7.Criminal negligence or recklessness, imposes criminal liability on a defendant when..........................................................................................................

Total : 20

Your score :_________________

TEXT 7.

The Probable Cause Affidavit

One of the most important skills a law enforcement officer must develop is the ability to write legally sufficient probable cause affidavits for arrests. A probable cause affidavit—also called an arrest affidavit—is a sworn, written statement by a law enforcement officer establishing certain facts and circumstances to justify an arrest. This document is used by the judge to determine if there was sufficient probable cause to detain the individual. The assistant state attorney may also review the document to decide whether to file formal charges for the alleged crime. An officer should remember that the probable cause affidavit is an officer's statement of the facts made under oath and may be used by the del attorney in preparing the defense.

There are several minimum requirements for an arrest affidavit. First, it must