Иностранный язык учебный год 2022-23 / Маленова

which leads a person to other evils as well. Kidnapping is closely related with rape. Often girls are harassed and trapped in by the tricks of culprit.

Murder is the severe type of crime. Criminals kill people due to their animosities or on other’s behalf on payment. The punishment of murder is death sentence in most of the countries. Nevertheless, some countries charged the culprit with heavy amount and also with death sentence. You would have listened to the phrase “hang up till death”. This phrase tells the intensity of the punishment. Sometimes people are punished as three times hanging up.

Breaking traffic rules is also considered as a crime. Although it is not as much severe as others above mentioned crimes, yet the violation of traffic rules is also a crime. Its punishment is given on the spot by charging fines.

Упражнение 1. Сопоставьте названия уголовных пре- ступлений с их дефинициями. Переведите названия уголовных преступлений на русский язык.

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Упражнение 2. Сопоставьте термины и их перевод на русский язык. Дайте определение каждому из терминов на анг- лийском языке.

Упражнение 3. Выполните перевод с листа текста 1.

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Текст 2

TYPES OF WHITE COLLAR CRIMES

White-collar crime is a term that is usually applied to crimes associated with business that do not involve violence or bodily injury to another person. Examples of so-called white-collar crimes are those crimes generally associated with lending institutions which involve bank fraud, such as making false statements to obtain a loan, filing false reports or returns with government agencies, embezzlement, using the mail or wire communications to defraud, and paying or accepting bribes.

White-collar crimes may be prosecuted in state or federal courts, depending upon whether state or federal laws have been violated. The penalties for committing white-collar crimes vary, but in some cases they may be as severe as those prescribed for violent crimes. If you are questioned by a law enforcement officer or another governmental agent about possible criminal conduct, it is wise to talk with an attorney before answering any questions. What you tell your attorney is confidential, and the fact that you decline to answer questions may not be used against you in a criminal proceeding.

These are types of white-collar crimes: Fraud, forgery, extortion and tax evasion.

Fraud: The act of obtaining money or property by deceit, trick or a dishonest act. Most acts of fraud are felonies. Criminal fraud is commonly perpetrated against the aged and infirm. Fraud commonly involves a misrepresentation of a material fact upon which the victim relies. In most cases, the defense to fraud involves establishing evidence that negates the defendant's specific intent to defraud. Often fraud involves more then one person involved in the scheme each of which can be held criminally responsible under the theory of joint criminal liability and the crime of conspiracy. Fraud can also be involved in the purchase and sale of securities. The enforcement divisions of the state and the federal government through the SEC have jurisdiction to prosecute defendants that engage in security law violations including fraud.

Forgery: The making of false documents by alteration or by false signature. There must be the specific intent to deceive for economic or personal gain. In most cases, the defense to forgery in-

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volves presenting evidence, which negates the defendant's intent. In the world of electronic signatures and e-commerce, the courts have been struggling with expanding the crime of forgery to electronic mediums. The term counterfeiting is also used to describe the crime of forging or creating the paper image of money.

Extortion: The act of obtaining money or gaining some form of personal advantage by threat of force and or intimidation of the victim or the victim's family. In most cases, the defendant has a preexisting relationship with the victim and is motivated by retribution or greed. In almost all states extortion is a felony.

Текст 3

BONNIE AND CLYDE

Clyde Champion Barrow and his companion, Bonnie Parker, were shot to death by officers in an ambush near Sailes, Bienville Parish, Louisiana on May 23, 1934, after one of the most colorful and spectacular manhunts the nation had seen up to that time. Barrow was suspected of numerous killings and was wanted for murder, robbery, and state charges of kidnapping.

The Federal Bureau of Investigation (FBI), then called the Bureau of Investigation, became interested in Barrow and his paramour late in December 1932 through a singular bit of evidence. A Ford automobile, which had been stolen in Pawhuska, Oklahoma, was found abandoned near Jackson, Michigan in September of that year. At Pawhuska, it was learned another Ford car had been abandoned there which had been stolen in Illinois. A search of this car revealed it had been occupied by a man and a woman, indicated by abandoned articles therein. In this car was found a prescription bottle, which led special agents to a drug store in Nacogdoches, Texas, where investigation disclosed the woman for whom the prescription had been filled was Clyde Barrow's aunt.

Further investigation revealed that the woman who obtained the prescription had been visited recently by Clyde Barrow, Bonnie Parker, and Clyde's brother, L. C. Barrow. It also was learned that these three were driving a Ford car, identified as the one stolen in Illinois. It was further shown that L. C. Barrow had secured the

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empty prescription bottle from a son of the woman who had originally obtained it.

On May 20, 1933, the United States Commissioner at Dallas, Texas, issued a warrant against Clyde Barrow and Bonnie Parker, charging them with the interstate transportation, from Dallas to Oklahoma, of the automobile stolen in Illinois. The FBI then started its hunt for this elusive pair.

Bonnie and Clyde met in Texas in January, 1930. At the time, Bonnie was 19 and married to an imprisoned murderer; Clyde was 21 and unmarried. Soon after, he was arrested for a burglary and sent to jail. He escaped, using a gun Bonnie had smuggled to him, was recaptured and was sent back to prison. Clyde was paroled in February 1932, rejoined Bonnie, and resumed a life of crime.

In addition to the automobile theft charge, Bonnie and Clyde were suspects in other crimes. At the time they were killed in 1934, they were believed to have committed 13 murders and several robberies and burglaries. Barrow, for example, was suspected of murdering two police officers at Joplin, Missouri and kidnapping a man and a woman in rural Louisiana. He released them near Waldo, Texas. Numerous sightings followed, linking this pair with bank robberies and automobile thefts. Clyde allegedly murdered a man at Hillsboro, Texas; committed robberies at Lufkin and Dallas, Texas; murdered one sheriff and wounded another at Stringtown, Oklahoma; kidnaped a deputy at Carlsbad, New Mexico; stole an automobile at Victoria, Texas; attempted to murder a deputy at Wharton, Texas; committed murder and robbery at Abilene and Sherman, Texas; committed murder at Dallas, Texas; abducted a sheriff and the chief of police at Wellington, Texas; and committed murder at Joplin and Columbia, Missouri.

The FBI and local law enforcement authorities in Louisiana and Texas concentrated on apprehending Bonnie and Clyde, whom they strongly believed to be in the area. It was learned that Bonnie and Clyde, with some of the Methvins, had staged a party at Black Lake, Louisiana on the night of May 21, 1934 and were due to return to the area two days later.

Before dawn on May 23, 1934, a posse composed of police officers from Louisiana and Texas, including Texas Ranger Frank

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Hamer, concealed themselves in bushes along the highway near Sailes, Louisiana. In the early daylight, Bonnie and Clyde appeared in an automobile and when they attempted to drive away, the officers opened fire. Bonnie and Clyde were killed instantly.

Текст 4

PROS AND CONS OF CAPITAL PUNISHMENT

Debates on whether capital punishment is morally correct in a civilized society have been going on for ages. Let's look at some pros and cons of death sentence.

Capital punishment is the death penalty given by the government of a country, to people who have committed hideous crimes like homicide, rape, etc. Death penalty has been a way of punishing people since ages. Although there are some countries that have abolished death penalty from their law, there are still many which still practice the act of killing a person for crime. Death penalty is prevalent in the US, Asian and Middle Eastern countries. Some of the ways of executing criminals are hanging, shooting, electrocution and giving lethal injections.

People have different opinions on the issue of death penalty given to a convict. While some think that death penalty is necessary for those who have committed a terrible crime, there are others who consider it as an immoral act that goes against the values of humanity.

Advantages

A person who has committed a crime like killing or raping another person should be given death penalty, which is as severe punishment as the act. It is said that when a criminal is given a death penalty, it dissuades others in the society from committing such serious crimes. They would refrain from such crimes due to fear of losing their lives. This would definitely help in reducing crime rate in society.

If a criminal is jailed, he may again commit the same crime after being released from prison. Giving him death penalty would make sure that the society is safe from being attacked by criminals. It seems to be an appropriate punishment for serial killers and for

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those who continue to commit crimes even after serving imprisonment.

Some believe that instead of announcing life imprisonment for the convicts, where they would have to live a futile life behind closed bars, it is better to kill them. It is said that imprisoning someone is more expensive than executing him. Rather than spending on a person who may again commit terrifying crime, it is better to put him to death.

Death penalty is equated as revenge for pain and suffering that the criminal inflicted on the victim. Some people strongly believe that a person who has taken the life of another person does not have a right to live. Sentencing such a criminal can give relief to the family members of the victim that their loved one has obtained justice.

It is also important for the safety of fellow prison inmates and guards, as people who commit horrifying crimes like murder are believed to have a violent personality and may, in future, attack someone during imprisonment. These reasons emphasize the importance of death penalty for the safety and betterment of human society. However, there is another section of people who believe that it is an immoral and unethical act of violence.

Disadvantages

If we execute a person, there will be no difference between us and the criminal who has committed the horrifying crime of killing another person.

Capital punishment is not always just and appropriate. Usually, it has been seen that poor people have to succumb to death penalty as they cannot afford good lawyers to defend their stance. There are very rare cases of rich people being pronounced a death penalty. Also, an individual from minority communities are more likely to be given death penalty.

Every human being is entitled to receive a second chance in life. Putting a convict behind bars is always a logical option than killing him, as there is a chance that he may improve. People who have served life sentences are reported to have bettered their earlier ways of living and have made worthwhile contribution to the society.

There is also a chance that an individual is innocent and is wrongly charged for a crime he has never committed. There have

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been cases where people were released after being given death sentence, because they were proved innocent. There are also cases where a person's innocence was proved after he was put to death. Hence, it is best to avoid executing a person.

It is reported that there is no relation between death penalty and crime rate i.e giving death penalty does not decrease crime rate in the society. Crimes are prevalent in countries where death penalty exists and where it has been abolished.

The question whether death penalty is a moral or an immoral act in a cultured society, does not have a definite answer. Whether to give death penalty to a criminal or not, may depend on his earlier criminal records and the seriousness of the crime he has committed. But, do we really have the right to take the life of our fellow human beings?

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–The supremacy of federal laws or treaties when they differ from state and local laws.

–The role of the Court as the final authority on the meaning of the Constitution.

Influences on the Court

There exist both legal and political influences on the Supreme Court justices and their decisions. Among the legal influences on Supreme Court decisions are:

–The Constraints of the Facts: Courts cannot make a ruling unless they have an actual case brought before it. The facts of a case are the relevant circumstances of a legal dispute or offense. The Supreme Court must respond to the facts of a dispute.

–The Constraints of the Law: Among the legal constraints in deciding cases, the Supreme Court must determine which laws are relevant. These include: interpretation of the Constitution, interpretation of statutes, and interpretation of precedent.

How Cases Make Their Way to the U.S. Supreme Court

Each year, about 4,500 cases are requested for review by the Supreme Court. Less than 200 cases are actually decided by the Court each year. There are three ways for a case to make its way to the US Supreme Court.

1)There are cases in which the US Supreme Court has original jurisdiction (heard there first). Cases in which a state is a party and cases dealing with diplomatic personnel, like ambassadors, are the two examples.

2)Those cases appealed from lower federal courts can be heard at the Supreme Court. Some laws obligate (or force) the Supreme Court to hear them. But most come up for review on the writ of certiorari, a discretionary writ that the court grants or refuses at its own discretion. The writ is granted if four of the justices want it to be heard.

3)The US Supreme Court reviews appeals from state supreme courts that present substantial “federal questions”, usually where a constitutional right has been denied in the state courts.

In both civil and criminal law, the Supreme Court is the final court of appeal.

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