Английский язык для студентов юридических вузов и факультетов. Учебник

LESSON FIVE

animals and people. The area around the plant is now abandoned because of the large amount of radiation generated by the meltdown.

Human ecology is an academic discipline that deals with the relationship between humans and their (natural) environment. Human ecology investigates how humans and human societies interact with nature and with their environment1. Human ecology is an interdisciplinary applied field that uses a holistic approach to help people solve problems and enhance human potential within their near environments — their clothing, family, home, and community. Human Ecologists promote the well-being of individuals, families, and communities through education, prevention, and empowerment2.

Notes: 1 http://en.wikipedia.org/wiki/Ecology 2 http://www.hecol.ualberta.ca/

3. Answer the following questions.

What is the definition of ecology? 2. Who are the victims of environmental crimes? 3. Why is ecology to be studied in dynamics? 4. What are the aspects of environmental research? Which of them are to be considered as the most important ones? 5. What is the definition of ecological crisis? 6. Is it possible to find reasons for ecological crises? 7. What is the scope of changes brought by pollution? Why are strict guidelines for hazardous waste disposal introduced? 8. What is the focus in human ecology?

4. Give the Russian for:

branch of science; environment; physical properties; local abiotic factors; molecular biology; nucleic acids; ecosystems; biosphere; multi-disciplinary science; a pond; a field; a piece of deadwood; favourable atmoshere; predation; natural or anthropic origin; global crisis; mammals; nuclear meltdown; global warming; enhance human potential.

5. Give the English for:

протеин; живой организм; взаимодействие между организмами; молекулярная биология; клеточная биология; геология; география; метеорология; химия; физика; экологический кризис; эволюционировать; выживание; перенаселение; биологические виды; меньшее количество осадков (дождей); последствия; исчезновение; освободить экологическую нишу; биологическое разнообразие; исчезновение человека; влиять на благосостояние людей; озоновая дыра.

6. Continue the list of ecological crisis manifestations. global warming, ozone layer hole…

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7.Read and translate the following sentences: habitat

1.I prefer to see animals in their natural habitat, rather than in a zoo.

2.The natural habitat of kangaroos is Australia. 3. Because of ecology problems a lot of wildlife is losing its natural habitat.

interrelation

There is close interrelation between wages and prices. 2. There is interrelation of environmental problems with our current way of life.

interaction

1.There should be interaction between ecologists and lawyers. 2. There is not much interaction between the management and workers. 3. Language games encourage students’ interaction.

species

1.These rare mammals have become an endangered species. 2. There are around one million animal and plant species living in the rainforests. 2. Dolphins are a protected species.

consequence

1.Air pollution has produced harmful consequences for human beings.

2.He made the wrong decision, and now he is facing the consequences. disappear

1.These species are fast disappearing. 2. By the time police arrived, the criminals had disappeared.

8. Make up word-combinations. Use them in sentences of your own.

9. Form the derivatives with the help of the following suffixes.

-ment: to establish, to judge, to pay, to punish, to govern, to invest -ion/-tion/-ation/-sion: to limit, to regulate, to legislate, to inspect, to pro-

duce, to organize, to possess, to delegate, to complete, to corrupt, to administer, to exaggerate

-ing: to kill, to act, to protect, to undertake, to understand -ance/-ence: to differ, present, to guide

-age: client, to assemble, patron, to break, parent, percent

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TEXT 2

1.Memorize the following words: deplete — истощать impoverish — обеднять

throughput — производительность, пропускная способность precautionary — предупредительный

irreversible — здесь необратимый, невосполнимый sustain — выдерживать, переносить

2.Read the following international words and give their Russian equivalents: cultivate; protection; substance; technology; chemistry; industry; debates;

focus; declaration; chemicals; genetic; adaptive; manipulate; resource; destructive; degradation; energy; activity; agency; mechanism; dynamics; policy; act.

3. Say what parts of speech the following words are or may be:

ecology — ecological; fundament — fundamental; minimal — minimize; prevent — preventive — prevention; stimulus (pl. stimuli) — stimulate; monitor — monitoring; environment — environmental; harm — harmful; engineer — engineering; potential — potentially; sustain — sustainability.

4. Analyze the morphological structure and the meanings of the following word:. wildlife; impoverish; ecosystem; multi-disciplinary; policymaking; toxics;

broaden; cost-effective.

5. Read the text. Get ready to explain differences between the precautionary principle and adaptive management.

ENVIRONMENTAL LAW AND POLICIES

Law and policies derived from ecological dynamics promote the notion that the environment is the fundamental resource on which all economic interests depend. What needs most understanding is how to minimize the ways in which each interest’s claims deplete and impoverish the environment. This principle requires a fuller understanding of the relationship between economic and ecological dynamics. In this framework economic development can be appraised according to whether or not it increases our capacity to meet human needs, while decreasing environmentally damaging energy and material throughput. Widespread adoption of dynamic, clear, preventative, adaptive, and holistic policies will stimulate much important scientific activity.

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Application of such principles as precautionary and adaptive management could help. Adoption of precautionary policies have led to (1) increased research and monitoring of environmental change and its relationship to public and ecosystem health; (2) research into a wider range of mechanisms of environmental degradation and a need for multi-disciplinary approaches to understanding effects; (3) increased participation in science-based policymaking, including a broadened definition of who is considered an interested and affected party;

(4) the development of potential substitutes for environmentally destructive activities and substances; and (5) the development of whole new fields of risk reduction technologies such as “green chemistry.” Massachusetts’ Toxics Use Reduction Act (TURA), is an example of these policies. The law created a Toxics Use Reduction Institute and an Office of Technical Assistance to assist industry to discover ways to reduce its use of toxic substances.

Precautionary principle and its implications for environmental law, policy, and science are the centre of attention of many environmentalists since the Earth Summit which adopted the Rio Declaration on Environment and Development. It states that, “where there are threats of serious or irreversible damage, lack of full scientific certainty shall not be used as a reason for postponing cost-effective measures to prevent environmental degradation.”

While debates about the precautionary principle usually focus on potentially harmful chemicals and new technologies like genetic engineering, adaptive management is a term more often heard in the world of wildlife conservation, endangered species protection and resource management in general. Management focuses on protection and sustainability of the ecosystems within which such products are harvested. The impact on science is to change the questions from how to capture, harvest or mine, to how to cultivate and sustain. Adaptive management is developed into Ecosystem Management.

Thus, good environmental laws and policies should be 1) based on manipulating economic dynamics in order to create economic stimuli to decrease energy and material throughput and ecosystem disruptions; 2) clear in purpose, directed to both public welfare and environmental protection; 3) preventative; 4) adaptive, capable of change as new information and better understanding of ecological dynamics emerges; and 5) holistic — based on a full understanding of ecological dynamics.

One of the most significant illustrations of appropriate application of these principles is the National Environmental Policy Act (NEPA) which was passed in 1970 along with the Environmental Quality Improvement Act, the Environmental Education Act, and the Environmental Protection Agency (EPA). The main objective of these federal enactments was to assure that the environment be protected against both public and private actions that failed to take account of

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costs or harms inflicted on the eco-system. The EPA was supposed to monitor and analyze the environment, conduct research, and work closely with state and local governments to devise pollution control policies. NEPA has been described as one of Congress’s most far reaching environmental laws ever passed. The basic purpose of NEPA is to force governmental agencies to consider the effects of their decisions on the environment.

TEXT 3

1. Memorize the following words:

emission — здесь выброс (газообразных отходов); выхлоп (автомобиля и т.п.), выпуск (дыма)

fuel — топливо fiscal — финансовый

hazardous — рискованный waste — утилизация greenhouse — парниковый

corner-cutting — действия в обход правил

2.Read the following international words and give their Russian equivalents. manufacture, automobile, company, hybrid

3.Analyze the morphological structure and the meanings of the following words. fuel-efficient, minimize, waterways, livelihood, downstream, drug-manu-

facturing, guideline, corner-cutting

4. Read and translate the following word-combinations.

great source of pollution, next generation, fuel-efficient vehicles, export capacities, to invest billions, fiscal tools, to lower property values, to destroy jobs, strict disposal guidelines, the dumping of hazardous waste

5. Read the text, pay attention to the logical sequence of the facts. Write down the main ideas of the text in the form of a plan.

WAYS TO DECIDE

ECOLOGICAL PROBLEMS. REMEDIES

Vehicles are a great source of pollution. Take automobile manufacturing, for example: the North American market is changing and Canada has been slow to react in producing the next generation of fuel-efficient vehicles. Meanwhile, Chinese car companies — with their rising production and export capaci-

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ties — have expressed interest in fulfilling Canadian demand for hybrid vehicles. Modern strategists are seeking to invest billions to encourage hybrid vehicles and alternative fuels in the US. Canada may have to take similar measures in order to compete with US and Chinese production.

Such remedial action would not be necessary if the federal government took the lead on reducing emissions through fiscal reform. Green tax changes would stimulate energy efficiency, innovation and job creation while minimizing emissions. Germany and Sweden have used fiscal tools to reduce greenhouse gas emissions and lower pollution levels. Rather than hinder economic performance, these measures have increased energy efficiency and sparked job growth1.

The pollution of our natural environment endangers our personal health and the environment we depend on for food and air. The illegal disposal of waste into waterways can significantly damage a community’s economic livelihood, destroy jobs and lower property values. The illegal actions of one company can hurt an entire community. The issue also has international repercussions because downstream countries suffer the consequences.

Hazardous waste requires special care and, generally in the developed world, there are strict disposal guidelines. This makes disposal expensive and therefore encourages corner-cutting and criminal activity. The dumping of hazardous waste is a more serious problem in less developed countries, where there are fewer controls.2

Notes: 1 Green Party of Canada — Parti Vert du Canada.htm

2 http://www.interpol.int/Public/EnvironmentalCrime/Pollution/Default.asp

6. Retell the text according to your plan.

TEXT 4

1. Read the following text and entitle it. Explain your choice.

For two decades, the Environmental Crimes Bureau (ECB) has investigated and prosecuted violations of the State’s water pollution, air pollution, hazardous waste and solid waste laws, as well as traditional crimes that have an impact on public health and safety and the environment. During 2004, in addition to responding to pollution incidents statewide, the ECB, working closely with the Department of Environmental Protection (DEP) and local officials, focused its efforts on identifying and prosecuting those who illegally dispose of hazardous or solid waste in vulnerable urban areas, or who endanger surrounding communities and workers by the way they operate. In 2004, the ECB obtained 18 indictments and accusations. Successful ECB prosecutions

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in 2004 secured one and one-half years jail time and approximately $693,731 in fines and restitution.

In State v. David Solow the Court sentenced the defendant to a five year probationary sentence conditioned upon serving 180 days in the county jail and paying $6,494 restitution and a $3,000 fine. Defendant abandoned drums of waste chemicals from his photo business at a public storage facility in Little Ferry. In State v. Andrew Telymonde the State Grand Jury charged the defendant with three counts of fourth degree unlawfully exposing people to radiation and with one count of fourth degree x-raying of people without a DEP license. Defendant was charged with x-raying humans to develop digital x-ray technology, with failing to protect employees from radiation and with x-raying people without a DEP license.1

Notes: 1 http://www.state.nj.us/lps/dcj/ecb/annualreport 2004.pdf

TEXT 5

1. Read the text. In each paragraph point out sentences, if any, that can be ommitted as insignificant.

ENVIRONMENTAL MOVEMENTS

“Environmental movement” is a term often used for any social or political movement directed towards the preservation, restoration, or enhancement of the natural environment. Here are some of the most prominent and well-defined examples:

The North American Conservation movement. The members of the movement argued that man belonged in harmony with nature, as its keystone species — in terms of modern ecology. They saw no contradiction in altering or inhabiting the natural environment, and living in harmony with it forever.

Environmental health movement is more related to nutrition, preventive medicine, aging well and other human-body-specific concerns. In these, the natural environment is of interest mostly as an early warning system for what may happen to humans.

Most environmental movements have similar value systems and moral codes, and cite common heroes and moral examples in their myths, although they often diverge in details such as emphasis, priorities, means of action, and specific goals. Environmental movements often interact or are linked with other social movements with similar moral views, e.g. for Peace, human and animal rights, etc.

“Ecology movement” is an umbrella term for different groups, ideology and attitudes. Today the term “ecology movement” is associated often with the more

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moral, more confrontational, and more rigorous stance taken by Greenpeace and other even more radical NGOs, e.g. Earth First, Earth Action, Sea Shepherd, in favor of the Precautionary Principle and strong fundamental preventive measures for biosafety, biosecurity and biodiversity. The methods of these groups often involve the idea of direct action.

A radical wing of the ecology movement opposes and actually sabotages or destroys infrastructural capital of what they deem to be “Earth rapist” activities. This includes the Anarchist Golfing Association and the Earth Liberation Front, which are sometimes accused of “terrorism”, despite no documented incident of either ever having harmed a single animal, humans included. However, they have inflicted large economic losses on many economies. Their terrorist acts include fire-bombing a Forestry Service installation in Erie, Pennsylvania.

ORAL SPEECH PRACTICE

I.Mind Your Grammar When You Speak

1.Make up short dialogues as in the model.

Model: A: They say the criminal was arrested yesterday.

B: I don’t know whether it’s true or not but surely he’ll be arrested sooner or later.

Prompts: he — to find guilty; she — to detain; he — to send to prison; his license — to revoke; he — to bring before the court.

2. Agree with your interlocutor.

Model: A: They say he came back from London yesterday.

B: Right. He is known to have come back from London.

Prompts: she — to graduate from the institute last year; this ecologist — to begin working in our department two days ago; the biologist — to complete his report yesterday; John — to make the report about the ecosystem at the committee on Monday.

3. Make up a dialogue between an investigator and a witness of a crime.

Model: A: We need to know if anybody saw the thief break the door of the house.

B: I saw him break the door.

Prompts: to enter the house; to leave the house; to carry a suitcase; to get into the car; to fire at a man running towards the car; to knock down another man, to kill the animal.

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B:Before we get started, I want to say that some applications were handed in after the deadline. I think we shouldn’t consider them.

A:What about you, Mr. Right?

C:That’s my opinion too.

2.Make up dialogues similar to those given in exercise 1.

III.Topics for Discussion

1.Discuss possible results of ecological crises taking into consideration a) their origin; b) scope; c) role in development of environmental system. Present different points of view in groups of two or three.

2.Choose the one of the following ecological issues and present a short report proving importance of settling this problem. Use the Internet.

acid rain; biopiracy; climate change; deforestation; heavy metals; invasive species; overpopulation; ozone layer; pesticide; pollinator decline; rail transport; smog; toxic waste; traffic; marine environment pollution; military activities; hazardous waste; environmental emergencies; land degradation.

3.Read the headings in newspapers and short annotations. Comment on the importance of the issues and the necessity of considering them.

Hazardous Chemicals found in Household Dust: Toxic chemicals leach from

electronics, shower curtains, vinyl flooring and other common household products.

PVC Waste Crisis: The United States is facing a looming waste crisis with a conservative estimate of 70 billion pounds of PVC plastic (polyvinyl chloride) slated for disposal in the next decade.

4. Agree or disagree with the following statements.

1)Almost all of our environmental problems, including deforestation, air and water pollution, loss of biodiversity, and accumulation of toxic and hazardous waste can be traced back to the root cause of over-consumption.

2)Our legal system has a vital role to play in reshaping our actions and institutions so that we can live within nature’s limits and enjoy a sustainable future. But ordinary citizens cannot strengthen our legal system to protect nature.

3)Russia’s existing environmental laws and policies are succeeding. We are making progress in solving environmental challenges.

4)It is not possible to find the appropriate answer to the question why Russia is making progress on a few environmental issues and moving backwards on the majority.

5)Environmental problems are often interrelated with economic interests.

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5. Read legal briefs concerning several crimes against the environment. Explain why some changes in the law are introduced in connection with certain circumstances. Say what aim these laws have: precautionary or adaptive. Be ready to discuss the significance of these crimes for human beings.

Art. 29 — To kill, pursue, hunt, catch, use specimens of wild animals, whether native or on migratory routes, without the appropriate permission, license or authorization from the competent authority or in breach of the acquired permission, license or authorization: Penalty — detention of six months to one year, and fine.

§2 — In the case of domestic custody of a wildlife species that is not considered endangered, the judge may, depending on the circumstances, not apply the penalty.

Art. 54 To cause pollution of any nature to such an extent that it results or could result in damage to human health, or that it could cause death of animals or significant destruction of flora. Penalty — imprisonment of one to four years and fine.

§1 — If the crime is without malice: Penalty: detention for six months to one year and fine.

§2 — If the crime: I. — renders a rural or urban area unsuitable for human occupation; II. — causes air pollution that results in departure of the affected area’s inhabitants, even if momentarily, or causes direct damage to the population’s health; III. — causes water pollution so that it is necessary to interrupt the public water supply in a community…

Penalty — imprisonment of one to five years.

§3 — Whosoever does not adopt the precautionary measures required by competent authorities in cases of serious or irreversible environmental damage incurs the same penalties provided for in the previous paragraph1.

Notes: 1 http://www.mma.gov.br/ingles/gab/asin/leii.html

IV. Role Play

Different kinds of organizations deal with environmental issues. Read about some of them. Divide into two groups: representatives of ecological groups and associations and volunteers wishing to join these organizations. Representatives are to specify the policy of their team; learn the wishes, aims and experience of a volunteer. Volunteers are to ask representatives about future opportunities, duties and publicity of their actions.

Find an appropriate person for your organization or an organization which suits you.

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The First National People of Color Environmental Leadership Summit adopted the following Principles of Environmental Justice at their meeting on October 24-27, 1991 in Washington, D.C.: Environmental justice demands that public policy be based on mutual respect and justice for all people, free from any discrimination or bias. Environmental justice affirms the fundamental right to political, economic, cultural and environmental self-determination of all peoples. Environmental justice demands the cessation of the production of all toxins, hazardous wastes, and radioactive materials, and that all past and current producers be held strictly accountable to the people for detoxification and containment at the point of production1.

Florida’s Department of Environmental Protection has announced a new initiative to catch people who commit crimes against the environment, especially those who illegally dump waste or toxic materials. DEP Law Enforcement Director Tom Tramel says citizen input will be key... Tom Tramel is Law Enforcement Director for the Florida Department of Environmental Protection. He says it’s organized crime to illegally dump waste for profit... “A company decides for instance that they don’t want to pay the cost to properly dispose of it, so they turn to illegal methods, people who are involved in disposing of it illegally... pay them less than what it would cost them to properly dispose of it2.”

The Indigenous Environmental Network’s initial goals were simple: educate and empower Indigenous grassroots people to address and develop strategies for the protection of our environment; reaffirm our traditional and natural laws as Indigenous peoples; recognize, support, promote environmentally sound lifestyles and economic livelihoods; commit to influence all politics that affect our people on a local, regional, national and international level; include youth and elders in all levels of activities; protect our rights to practice our spiritual beliefs.

The Interpol Pollution Working Group is an active forum where criminal investigators from around the globe meet to discuss issues of importance to Interpol’s member states. These include: role of organized crime in environmental crimes; trans-border shipment of hazardous waste, especially to less developed countries; illegal dumping of oil in oceans and seas; illegal shipment of ozonedepleting substances; and illegal discharge of waste into rivers and lakes. Interpol is the only network capable of ensuring a true and consistent global approach to trans-national pollution crime. The Pollution Crimes Working Group will coordinate closely with Interpol staff and strengthen its network with partner organizations.

Notes: 1 http://www.greenaction.org/hunterspoint/newcivilrights. hml 2 http://www.floridaenvironment.com/programs/fe00904.htm

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V.Case Study

1.Consider some legal issues connected with the environment.

1)What is the difference between environmental crime and crisis?

2)Choose one of the crimes and prepare a report stating whether punishment for this crime is relevant. Prove it. If it is irrelevant say how the crime should be aggravated to deter and prevent possible violations in this sphere.

WRITING

Writing a Research Report

1. The following chart will be helpful in writing research reports.

1)A thesis (a one-sentence statement indicating the purpose of the report)

2)The topic is subdivided into several main ideas, the most general idea coming first. E.g.:

Law common law

common law in the U.S.A. Each idea is supported by facts

3) Bibliography (books, journals, encyclopedias, newspapers, etc.)

2. Write a research report on one of the following topics.

1)Ecological crisis.

2)Role of youth in nature defence.

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LESSON SIX

GRAMMAR: 1. Polysemy of Syntactic words (Continued). 2. The Gerund (Revision).

WORD-BUILDING: Compound Words.

READING AND ORAL SPEECH PRACTICE: Criminal Law and Juvenile Justice.

CONVERSATIONAL FORMULAS: Discussing an Article (a Book) WRITING: Understanding Parts of a Book and Writing a Summary

The Forms of the Gerund

Exercise

1. Read the following sentences. Translate them paying attention to the words and phrases in bold type.

a) 1. We had no alternative but to make a break for the committee. 2. I have got but a few books on ecological problems. 3. Their demands in this situation are anything but just. 4. He is but a beginner in our office. 5. He is anything but a good lawyer. 6. But for your help I shouldn’t be able to translate this article dealing with the ozone layer hole. 7. Every student whether of the junior or senior course must attend all lectures and seminars. 8. The court may entertain any suit whether the defender is a foreigner or not. 9. This committee reviews all statutory provisions on ecology and decides whether any of them should be brought to the attention of the public.

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b)1. The jury needs the judge’s help in reducing the case to its essentials.

2.By deciding only in the context of specific controversies, by finding accommodations between polar principles, by holding itself open to the recommendation dogma, the Court provides a symbol of reconciliation. 3. American courts have been more creative in reinterpreting earlier cases in order to adapt the law to changing conditions. 4. The practice of recording the Court judgements is of ancient origin. 5. Upholding private rights is the purpose of civil law. 6. The process of passing a public Bill is basically the same in the House of Lords and in the House of Commons. 7. He was angry at our having disturbed him when he was speaking to the witness. 8. The courts prevent administrative authorities from exceeding their powers. 9. After concluding his re-examination, the counsel for the plaintiff called his next witness. 10. Without being obliged he did everything himself. 11. He denied having been involved in the dispute.

READING

TEXT 1

1. Read the text and make up questions covering: a) its main ideas; b) the details.

CRIMINAL LAW

“The law of any modern country draws a broad distinction between the remedies given to any citizen prejudiced in one way or another by the blameworthy activities of any other citizen — torts — and the sanctions which, for the public good, the state itself imposes on citizens for their blameworthy activities — murder, theft, maiming, rioting, assaults, commercial frauds, forgery, breaches of the peace, motoring offences, food and drug offences, and many others, great and small, which we call crimes.”1

Thus, the aims of criminal law involve mainly societal concerns rather than the individual concerns involved in civil law. Criminal law involves punishment of the criminal in order to deter not only the individual found guilty, but also prevent other individuals from committing similar wrongs. “Sometimes to protect society specific wrongdoers are put out of commission by having them imprisoned. Society also tries to rehabilitate the individual criminal. Also, the criminal law serves a substitute for private vengeance.”2

The English law adopts several classifications of crimes. The older classification was as follows: 1) treasons, 2) felonies, 3) misdemeanours. In 1945 the differences between treasons and misdemeanours were abolished3. Before the Criminal Law Act treasons were technically felonies, but for convenience

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they were often regarded as a separate category. Some instances of felonies were murder, manslaughter, burglary, housebreaking, larceny, and rape. Less heinous crimes (perjury, conspiracy, fraud, false pretences, libel, riot, assault) were misdemeanours. Article 1 of the Criminal Law Act 1967 abolished the classification of crimes into felonies and misdemeanours4. A new classification of crimes into arrestable and non-arrestable was introduced. Arrestable offences are defined by the Criminal Law Act, section 2, as ones for which the sentence is fixed by law or for which a person (not previously convicted) under or by virtue of any enactment must be sentenced to imprisonment for a term of five years. All other crimes got the name of non-arrestable5.

From the procedural point of view, crimes are divided into indictable, summary and hybrid ones. Indictable offences are those which admit trial by a jury in the Crown Court. Summary offences do not admit of an indictment of trial by jury. They are tried summarily by justices of the peace sitting without a jury6. Summary offences are tried in the lower courts. Hybrid offences are triable either summarily or on indictment, “for if the prosecution so requests and the defendant consents, and if the court agrees that it is a suitable case, the matter may be dealt with summarily; otherwise, the defendant will stand trial in the Crown Court before a judge and a jury7.”

The third classification of crimes is based on the immediate object of the crimes: offences against the person, offences against property, offences against reputation, offences against the state and public order, etc.

The American criminal law preserved the traditional classification of crimes into felonies and misdemeanours. Felonies are more serious offences; misdemeanours are less serious ones. Felonies are divided into five classes (A,B,C, etc.), and there are two or three classes of misdemeanours8.

There are other classifications of crime in the American criminal law:

“1. Federal v. state. Criminal law is primarily state law. However, there are some Federal crimes that relate to federal government functions such as counterfeiting, robbing federally insured banks, and securities violations.

2.Property v. person v. government crimes. Some crimes, such as larceny, burglary, and arson, are directed primarily against property, while others, such as assault and murder, are aimed against people, and still others are against the government, such as bribery and perjury.

3.Felonies v. misdemeanours. Felonies are serious crimes that usually carry a sentence of more than one year incarceration, such as embezzlement and murder, while misdemeanours are less serious crimes for which the punishment is less than one year, such as disorderly conduct and shoplifting.

Street, or ordinary, v. white-collar crimes. Street (ordinary) crimes involve offences such as sale of drugs, robbery, and rape. White-collar crimes are non-

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violent crimes involving deceit, corruption, or breach of trust. The term includes crimes committed by individuals such as embezzlement and forgery as well as crimes committed on behalf of corporations such as antitrust violations, security fraud, and commercial bribery.”9

At common law, with few exceptions, crimes are compounded of two elements: an act of Commission constituting guilty conduct (Actus Reus) and guilty intention (Mens Rea). “For an act of Commission to constitute an Actus Reus it must be prohibited by law. ... A person is not held criminally responsible for the harmful consequences of his omission to act unless he was under a legal obligation to take action in the circumstances in which he was placed. ... The expression Mens Rea has in recent times been used to denote:

(i) the accused’s attitude of mind to what he was doing, i.e. whether his conduct was or was not voluntary, (ii) the accused’s foresight of the consequences of what he was doing.”10

It is a basic principle of the Anglo-American system of justice that neither an act alone nor an intent alone is sufficient to constitute a crime; the two must concur to establish criminal responsibility. The term “act” is interpreted to include a failure to act where there is a positive duty, as in the criminal negligence of parents or physicians.

Notes: 1 Pritt D.N. The Substance of the Law. Book 4, L, 1972, p. 78.

2 Commaker A. Legal Environment of Business. Pennsylvania State Univ., 1993, p.29-30.

3 Решетников Ф.М. Правовые системы стран мира. Справочник. — М., 1993, с. 34.

4 Там же.

5 Там же, с. 35.

6 Garcia M. Criminal Law and Procedure in a Nutshell. L., 1953, p. 5. 7 Bruce R.H. Success in Law. 3-rd ed. L., 1991, p.54.

8 Решетников Ф.М. Указ. соч., с. 35.

9 Commaker A. Op. cit, p. 30.

10 Garcia M. Op. cit, p. 7-8.

2. Give the Russian for:

remedy; blameworthy activities; tort; assault; motoring offences; breaches of the peace; commercial frauds; theft; food and drug offences; an individual found guilty; to prevent somebody from committing a crime; to rehabilitate a criminal; burglary; housebreaking; larceny; heinous crimes; perjury; false pretences; libel; offences against the reputation; offences against the state and public order; counterfeiting; robbing; securities viola-

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tions; arson; bribery; embezzlement; disorderly conduct; sale of drugs; rape; non-violent crimes; deceit; corruption; breach of trust; securities fraud; prohibited by law.

3. Give the English for:

нанесение увечья; учинение массовых беспорядков; подлог, уголовное право, гражданское право, наказание преступника; удерживать от совершения чего-нибудь, виновный; правонарушение; правонарушитель; совершить преступление; заключить а тюрьму; месть по личным мотивам; «арестные» («неарестные») преступления; преступления; преследуемые по обвинительному акту; преступления; преследуемые в порядке суммарного производства; простое убийство; тяжкое убийство; преступление против личности; преступление против собственности; кража в магазине; бело-воротничковое преступление (преступая махинация; совершенная служащим или лицом; занимающим высокое общественное положение); умысел; вредное последствие; бездействие; обвиняемый; система правосудия; уголовная ответственность; преступная небрежность.

4. Complete the following sentences.

1)... is an intentional act or omission in violation of criminal law. a) tort; b) crime; c) robbery.

2)…or Means Rea, has been rather broadly interpreted so as to apply to behaviour that is rooted in socially dangerous mental states.

a) guilt; b) heinous crime; c) intent.

3)The standard for criminal... depends on the degree of care that a reasonable person should exercise under the circumstances.

a) negligence; b) false pretences; c) manslaughter.

4)One and the same act may constitute both a crime against the state and a ... of an individual’s private interests.

a) imprisonment; b) violation; c) blameworthy activities.

5)The offence of... has two ingredients: the act (e.g. walking out of the shop without paying) and the mental intent of doing it on purpose.

a) murder; b) libel; c) theft.

6)The Sexual Offences (Amendment) Act 1976 stipulates that a man is held to commit the offence of... if a) he has unlawful sexual intercourse with a woman who at the time of the intercourse does not consent to it; and b) at that time he knows that she does not consent to the intercourse or is reckless as to whether she consents to it.

a) assault; b) rape; c) perjury.

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LESSON SIX

5. Translate the following sentences. to prevent (smb.) from doing (smth.)

1. They were prevented from coming in time by the accident. 2. He was prevented from committing suicide.

to put (smb.) out of (some action)

The criminals were put out of commission of other crimes. to involve (in)

1. The accident involved five cars and a bus. 2. Criminal law involves many societal concerns. 3. The children were involved in the crime by their elder brother.

6.Make up word-combinations.

a)harmful conduct

READING

7. Translate the following words. Consult a dictionary if necessary.

Model 1: Noun + Noun = Noun

land-tax, workhouse, tax-deed, jury-box, jury-woman, eye-witness, half-proof, copyright, police-court, manslaughter, tax-payer, wrong-doer, crossexamination, cross-appeal, wrongdoer, fundholder, lawbreaker

Model 2: Noun + Gerund = Noun

child-stealing, shoplifting, law-making, rule-making, statute-making, land owning

Model 3: Adjective + Noun = Noun blackmail, grandson

Model 4: Noun + Preposition + Noun = Noun

act-in-law, father-in-law, mother-in-law, son-in-law, man-in-possession, commander-in-chief

Model 5: Pronoun self + Noun = Noun

self-defence, self-government, self-murder, self-protection, self-injury, self-incrimination

Model 6: Verb + Adverb = Noun break-in, break-out, runaway

Model 7: Noun + Participle I, II = Adjective law-abiding, judge-made

Model 8: Adjective + Noun + ed = Adjective short-sighted, broad-minded

Model 9: Adverb + Participle I, II = Adjective : well-informed, long-suffering

Model 10: Adjective + Adjective = Adjective light-blue, dark-green

Model 11: Noun + Adjective = Adjective noteworthy, blameworthy, duty-free, tax-free

Model 12: Numeral + Noun + Adjective = Adjective seventeen-year-old, five-year-old

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