Law. Police. Society (Право. Полиция. Общество). Часть III. Учебное пособие по английскому языку

restaurants may not delegate this power to a staff member or an outside person. 4. Subordinate officials may perform this duty in place of the minister. 5. Courts may intervene where an authority has abused its power or to ensure that the power has been properly exercised. 6. A decision must be made on the basis of relevant considerations and any discretion must be exercised within the context and perspective of the enabling statute. 7. An authority cannot exercise its power for a purpose other than the purpose for which the power was intended. 8. If a minister had the power to close a hospital only for sanitary or safety reasons, he or she could not use this power for financial and budgetary reasons. 9. A tribunal may not bind itself or limit its discretion by making general rules that apply to every case. 10. Each case must be decided on its own merits. 11. There must be some evidence before a tribunal to justify decisions of fact. 12. A decision cannot be unreasonable.

Task 11. Read the sentence and choose the correct word. Consult a dictionary if it is necessary.

1.Alan needs to get a (regulation / license) to open his own business.

2.Having a large (bureaucracy / disciplinary action) makes completing simple tasks take a long time. 3. Since Peter is being charged with negligence, it may (negotiate / jeopardize) his business. 4. City (regulations / accreditations) state that all dogs must be on a leash in the park. 5. The business owners were able to (negotiate / resolve) a contract that was fair for both of them.

III. Listening

Task 1. Listen to the text “Traffic Offences” and say:

—What types of traffic offences are there in the USA?

—What are the penalties for each type of traffic offence?

IV. Speaking

Task 1. Tell your classmates about administrative offences of the Russian Federation. What types of administrative offences do you know?

Task 2. Have you ever committed road traffic administrative offences? Discuss with your partner situations dealing with this type of offences.

Task 3. Explain your understanding of the “concept of jurisdiction”. Comment on the examples given in text C.

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V. Writing

Task 1. Write an essay about one of the following types of administrative offences:

—Administrative Offences in the Area of Property Protection;

—Administrative Offenses Concerning Environment Protection and Wildlife Management;

—Road Traffic Administrative Offences.

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UNIT 4

CRIMINAL LAW

STARTING UP

Task 1. Read the definition from Britannica Concise Encyclopedia: Сriminal Law:

Body of law that defines criminal offenses, regulates the apprehension, charging, and trial of suspected offenders, and fixes punishment for convicted persons. Substantive criminal law defines particular crimes, and procedural law establishes rules for the prosecution of crime.

Name all legal terms in this definition.

Task 2. Do you study Criminal Law at the Academy? What do you know about it? Try to give the definition of Criminal Law.

LANGUAGE ACTIVITIES

I. Grammar Review. Adverbial Clauses

Adverbial Clauses (Придаточные обстоятельственные предложения)

Придаточные обстоятельственные предложения делятся по значению:

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Task 1. Read and translate the following sentences into Russian paying attention to the type of adverbial clauses.

1.Though he was a very strange person he could hardly be a murderer.

2.The woman looked as if she knew who the burglar was. 3. The cadets of the second course know more about the police work than the freshmen do.

4.The suspect behaved as if he recognized the witness. 5. She was afraid that that person would assault her. 6. This road accident happened because the driver was under the influence of drink. 7. If you call an ambulance the injured will have a chance to recover. 8. This cadet goes to the library more often than that one. 9. I understand that you are very busy because you are a first-year student. 10. He couldn’t write at the lecture because his pen was broken. 11. A shooting gallery is a place where policemen learn to shoot.

12.Though he couldn’t swim he managed to save his life.

Task 2. Fill in the blanks with appropriate conjunctions.

1. This officer is younger … that one. 2. … he had no experience he appeared to be a very good operative. 3. He went to the place … the burglary was committed. 4. The victim was already dead … the patrolman came to the scene of a road accident. 5. I’ll go to the theatre … I’m free on Sunday.

6.The passer-by was moving very slowly and carefully … he was blind.

7.The text on page 97 is more difficult … the text on page 15. 8. The reading

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room … he prepared for the exam was rather noisy. 9. The witness didn’t see … clothes the suspect was dressed in … it was dark.

Task 3. Read and translate the following words and word combinations. Make up sentences with some of them:

crime; economic crime; racially motivated crime; emotional crime; crime against a state; crime against personal property of citizens; crime against the person; crime against peace and security; crime against morality; crime against public order; crime against public safety; crime against humanity; deadly crime; punishable crime; capital crime; summary crime; crime of negligence; aggravated crime; domestic crime; to suspect smb of a crime; violent crime; to be convicted of a crime; perpetrator of a crime; guilty of a crime; to involve smb in a crime; war crime; military crime; gang crime; intended crime; lesser (minor, petty) crime; crime scene; multiple crime; recorded crime; to prevent a crime; to confess to a crime; to investigate a crime; to solve a crime; grave (major, serious) crime; incidental crime; body of a crime (corpus delicti); to deter (smb) from a crime; crime of omission.

Task 4. Think about word combinations with the word “criminal”. Write them down in your exercise books. Use your dictionaries to find them and to translate difficult ones.

II. Reading

Text A

Task 1. Read the text “Criminal Law” (I). Find the definitions of the Criminal Law and a crime. Try to understand the classification of crimes and the difference between Criminal Law and Civil Law.

Criminal Law (I)

Criminal Law involves prosecution by the government of a person for an act that has been classified as a crime. Civil cases, on the other hand, involve individuals and organizations seeking to resolve legal disputes. In a criminal case, the state, through a prosecutor, initiates the suit, while in a civil case the victim brings the suit. Persons convicted of a crime may be incarcerated, fined, or both. However, persons found liable in a civil case may only have to give up property or pay money, but are not incarcerated.

A “crime” is any act or omission (of an act) in violation of Public Law forbidding or commanding it. Though there are some common law crimes, most crimes in the United States are established by local, state, and federal governments. Criminal laws vary significantly from state to state. There is,

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however, a Model Penal Code (MPC) which serves as a good starting place to gain an understanding of the basic structure of criminal liability.

Crimes include both felonies (more serious offenses — like murder or rape) and misdemeanors (less serious offenses — like petty theft or jaywalking). Felonies are usually crimes punishable by imprisonment of a year or more, while misdemeanors are crimes punishable by less than a year. However, no act is a crime if it has not been previously established as such either by statute or common law. Recently, the list of Federal crimes dealing with activities extending beyond state boundaries or having special impact on federal operations, has grown.

All statutes describing criminal behavior can be broken down into their various elements. Most crimes (with the exception of strict-liability crimes) consist of two elements: an act, or “actus reus”, and a mental state, or “mens rea”. Prosecutors have to prove each and every element of the crime to yield a conviction. Furthermore, the prosecutor must persuade the jury or judge “beyond a reasonable doubt” of every fact necessary to constitute the crime charged. In civil cases, the plaintiff needs to show a defendant is liable only by a “preponderance of the evidence”, or more than 50 per cent.

Criminal Law is represented by laws written by Congress and state legislators that make certain behavior illegal and punishable by fines and/or imprisonment. Criminal Law also includes decisions by appellate courts that define crimes and regulate criminal procedure in the absence of clear legislated rules. By contrast, civil laws are not punishable by imprisonment. In order to be found guilty of Criminal Law, the prosecution must show that the defendant intended to act as he did; in Civil Law, you may sometimes be responsible for your actions even though you did not intend the consequences. For example, Civil Law makes you financially responsible for a car accident you caused but didn't intend.

Glossary to the text “Criminal Law” (I)

actus reus (лат.) — правонарушение, т. е. та фаза действия, за совершение которой законом предусмотрено наказание; физическая, объективная сторона преступления

be incarcerated — быть взятым под стражу, заключенным (в тюрьме), лишенным свободы

beyond a reasonable doubt — вне пределов разумного сомнения charge — выдвигать обвинение

common law — общее право (в отличие от права справедливости), англосаксонское право (в отличие от континентального права), общее право Англии (обычно common law of England как совокупность прецедентного и статутного права), англосаксонское право (в отличие от континентального права), нормы общего права

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consequence — следствие, последствие, результат

convicted of a crime — осужденный за совершение преступления criminal behavior — преступное поведение

defendant — обвиняемый, подсудимый, ответственный, ответчик each and every — каждый в отдельности, все до единого

felony — фелония (категория тяжких преступлений, по степени опасности находящаяся между изменой и мисдиминором)

forbid — запрещать, не позволять gain — получать, приобретать

imprisonment — тюремное заключение, лишение свободы intend — иметь намерение, умышлять

jaywalking — переход проезжей части в неположенном месте liability — юридическая ответственность

liable — ответственный, виновный

mens rea (лат.) — преступный умысел, субъективная сторона преступления

misdemeanor — менее тяжкое преступление (преступление, по степени тяжести находящееся ниже государственной измены (особо тяжкого преступления) и фелонии (тяжкого преступления)

Model Penal Code (MPC) — Модельный уголовный кодекс (разработан Американским институтом права в 1962 г.)

omission — бездействие, несовершение действия on the other hand — c другой стороны

persuade — убеждать

plaintiff — истец, жалобщик, взыскатель

preponderance of the evidence — наличие более веских доказательств (один из критериев доказанности в англосаксонском праве, наряду с

“clear and convincing evidence” (США) и “beyond reasonable doubt”. Трак-

туется как вероятность, составляющая более 50%, либо просто как «скорее вероятно, чем нет»)

seek — пытаться, стараться, добиться

statute law — статутное право, право, выраженное в законодательных актах, писаный закон (антоним common law)

strict-liability — объективная ответственность (независимо от наличия вины), строгая ответственность, прямая ответственность, абсолютная ответственность (ответственность без вины)

subject matter — предмет изучения, предмет науки, сущность, содержание suit — судебная тяжба, иск

vary — меняться, изменяться

yield — производить, приносить, давать

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Task 2. Answer the questions to the text “Criminal Law” (I):

1.What do Criminal and Civil Law include?

2.Who initiates a criminal and a civil case?

3.What happens to a person convicted of a crime?

4.What is a “crime”?

5.Do criminal laws vary?

6.What do crimes include?

7.What is a felony?

8.What elements do crimes consist of ?

9.What must the prosecution show in a criminal and civil case?

Task 3. Find out in the dictionary the meanings of the word “suit”. What meaning is used in legal literature?

Task 4. Remember word-building elements. Try to find examples of these parts of speech with the following suffixes in the text and translate them into Russian.

Noun: -ant, -ent, -ment, -ure, -ence, -ance, -tion, -sion, -or, -ing, -ity Adjective: -ible, -able, -al, -ry

Adverb: -ly

Task 5. Read and translate the following sentences from the previous text, pay attention to the -ing forms.

1. Civil cases involve individuals and organizations seeking to resolve legal disputes. 2. A “crime” is any act or omission (of an act) in violation of a public law forbidding or commanding it. 3. There is a Model Penal Code which serves as a good starting place to gain an understanding of the basic structure of criminal liability. 4. Crimes include both felonies (more serious offenses — like murder or rape) and misdemeanors (less serious offenses — like petty theft or jaywalking). 5. Recently, the list of Federal crimes dealing with activities extending beyond state boundaries or having special impact on federal operations, has grown. 6. All statutes describing criminal behavior can be broken down into their various elements.

Task 6. Complete the sentences with -ing forms of the following verbs: learn, say, ski, study, leave, climb, break, watch, smoke, dance, stop, get, wash, hear.

1. She enjoys … her own voice. 2. His favourite sports are … and … mountains. 3. … languages is hard work. 4. I hate … goodbye. 5. Do you enjoy … football? 6. When do you finish …? 7. I’ve given up …. 8. My car needs …. 9. She’s fond of …. 10. He’s tired of … up early. 11. What did you

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do after … school? 12. The burglars got into the house by … a window. 13. He ran five kilometers without ….

Task 7. Find the definitions of the terms “assault”, “murder”, “manslaughter”, “theft”, “robbery”, “burglary”, “blackmail”, “computer crime”, “forgery” and say whether they are offences against property or against the person.

Task 8. Decide how serious the offence is. Put the offences below in the order of seriousness. Work in pairs discussing the order with your partner. Which punishment do you think is most suitable for each of the crimes? When you have finished, compare your results with other members of the class.

Offences: a parking offence, rape, armed robbery, assault, kidnapping, murder, theft, drunken driving, arson, bribery and corruption.

Task 9. Choose a word or words from the list below to complete the following sentences. Some words are used more than once.

Choose from: 1) offender; 2) fine; 3) assault; 4) grievous bodily harm; 5) citizen; 6) guilty; 7) juvenile; 8) punishment.

Example: Under the British Nationality Act 1981 a person may become a British citizen by being born in the UK to a parent who is British (answer 5).

a)Young people who are accused of crimes are tried by a special court called the … court.

b)The law can punish criminals in many different ways, but most people would agree that the worst … is the death sentence.

c)A person who commits a criminal offence is called a criminal, or … .

d)If the injury you cause in the attack is very serious it is called … .

e)To punish a minor offence the court may order the criminal to pay a sum of money called a … .

f)If you attack another person illegally, you will be tried for unlawful

….

g)At the beginning of the trial the accused person must state whether she/he has committed the offence or not: whether she/he is … or not … .

Text B

Task 10. Read the text “Criminal Law” (II). Divide it into logical parts. Entitle them.

Criminal Law (II)

Criminal Law is a body of rules and statutes that defines conduct prohibited by the government because it threatens and harms public safety and

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welfare and that establishes punishment to be imposed for the commission of such acts.

The term “Criminal Law” generally refers to substantive criminal laws. Substantive criminal laws define crimes and may establish punishments. In contrast, Criminal Procedure describes the process through which criminal laws are enforced. For example, the law prohibiting murder is a substantive Criminal Law. The manner in which government enforces this substantive law — through the gathering of evidence and prosecution — is generally considered a procedural matter.

Crimes are usually categorized as felonies or misdemeanors based on their nature and the maximum punishment that can be imposed. A felony involves serious misconduct that is punishable by death or by imprisonment for more than one year. Most state criminal laws subdivide felonies into different classes with varying degrees of punishment. Crimes that do not amount to felonies are misdemeanors or violations. A misdemeanor is misconduct for which the law prescribes punishment of no more than one year in prison. Lesser offenses, such as traffic and parking infractions, are often called violations and are considered a part of Criminal Law.

The power to make certain conduct illegal is granted to Congress by virtue of the Necessary and Proper Clause of the Constitution (art. I, § 8, cl. 18). Congress has the power to define and punish crimes whenever it is necessary and proper to do so, in order to accomplish and safeguard the goals of government and of society in general. Congress has wide discretion in classifying crimes as felonies or misdemeanors, and it may revise the classification of crimes.

State legislatures have the exclusive and inherent power to pass a law prohibiting and punishing any act, provided that the law does not contravene the provisions of the US or state constitution. When classifying conduct as criminal, state legislatures must ensure that the classification bears some reasonable relation to the welfare and safety of society. Municipalities may make designated behavior illegal insofar as the power to do so has been delegated to them by the state legislature.

Laws passed by Congress or a state must define crimes with certainty. A citizen and the courts must have a clear understanding of a criminal law's requirements and prohibitions. The elements of a Criminal Law must be stated explicitly, and the statute must embody some reasonably discoverable standards of guilt. If the language of a statute does not plainly show what the legislature intended to prohibit and punish, the statute may be declared void for vagueness.

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