The Course of English for University Students (Step 3). Учебное пособие

CRIME

GBH [ˌʤiːbiː’eɪʧ] = grievous bodily harm – тяжкие телесные повреждения

Punishment

retribution [ˌretrɪ’bjuːʃ(ə)n] – воздаяние, возмездие, кара, наказание,

расплата

fine [faɪn] – взыскание, штраф, пеня; оштрафовать mandatory fine – принудительный штраф

to slap a fine on (colloq.) – оштрафовать

penalty [‘pen(ə)ltɪ] – наказание; взыскание; штраф severe / stiff / strict penalty – строгое, суровое наказание light penalty – лёгкое наказание

mild penalty – мягкое наказание

maximum penalty – максимальное наказание (согласно закону, за то или иное преступление)

minimum penalty – минимальное наказание (согласно закону, за то или иное преступление)

non-custodialpenalty–наказание,несвязанноеслишениемсвободы summary punishment – дисциплинарное взыскание

to put smb on probation [prə’beɪʃ(ə)n] – назначить испытательный срок

verdict [‘vɜːdɪkt] – вердикт; решение присяжных заседателей

to pass verdict on an accused person – вынести приговор по обвиняемому лицу

sentence [‘sentən(t)s] – приговор, осуждение, обвинительное заключение

to commute / reduce a sentence – смягчать приговор, сократить срок наказания

to get off with a light sentence – отделаться мягким приговором to pass a sentence upon smb. – выносить приговор кому-л.

to serve one’s sentence – отбывать срок наказания

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tosuspendasentence–временнооткладыватьисполнениеприговора to carry out / execute a sentence – исполнять приговор

to impose / pronounce a sentence – выносить приговор death sentence – смертный приговор

life sentence / life imprisonment – пожизненное заключение prison sentence – тюремное заключение, тюремный срок

to imprison [ɪm’prɪz(ə)n] – заключать в тюрьму; лишать свободы to send someone to prison – посадить в тюрьму

to hold in custody [‘kʌstədɪ] – держать в заключении (тюремном) imprisonment [ɪm’prɪz(ə)nmənt] – заключение (в тюрьму); лишение

свободы; e.g. he was sentenced to two months’imprisonment

captivity[kæp’tɪvətɪ]–плен;неволя (the state of being kept imprisoned or enclosed)

prison cell [sel] / ward [wɔːd] – тюремная камера

solitary (confinement) cell / one-man cell – одиночная камера suspended sentence – условное осуждение, условное наказание flat-time sentence – фиксированный срок тюремного заключения (не

может быть сокращён судом ни при каких обстоятельствах) under sentence – осуждённый, приговорённый

to vacate a sentence – отменять приговор, наказание to sentence someone to – приговорить к

severe sentence – строгое наказание heavy sentence – суровое наказание

condemn to be beheaded – приговорить к казни через отсечение головы

capital punishment – смертная казнь, высшая мера наказания quartering – четвертование

electric chair – электрический стул hanging – казнь через повешение

scaffold [‘skæfəuld ], [-f(ə)ld] – эшафот; плаха; виселица; казнь (a raised platform on which criminals were hanged or had their heads cut off)

to mount the scaffold – взойти на эшафот

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flogging [‘flɔgɪŋ] – порка (телесное наказание) corporal punishment – телесное наказание, порка

community service – общественные работы (вид наказания за незначительные правонарушения)

Idioms

a clash of strong wills – битва титанов, столкновение сильных характеров; нашла коса на камень

to take the will for the deed – довольствоваться обещаниями tit for tat – “зуб за зуб”, месть

Sod’s Law – закон подлости

Text 1

People around the world have a peculiar fascination with law as it relates to crimes and the criminals who commit them. Open any U.S. newspaper or turn on the television news any day of the year, and no doubt a story involvingacrimewillbediscussed.Inlawweshouldonlybeconcernedwith legal responsibility for the crime, but moral issues will always play a role in thedevelopmentofthelaw(asinthelegalizationofabortion)anddefensesto the commission of a crime (such as mental incapacity). How do we reconcile the moral and legal issues involved in the commission of a crime?

In order to find someone guilty of a crime, the prosecution has to prove the defendant guilty of all elements of the crime (as defined by statute or at common law) beyond a reasonable doubt. Three essential elements of all crimes are:

1.mens rea

2.actus reus

3.causation

The basic difference between criminal and civil law is punishment. Criminal law is designed to punish a wrongdoer for an action against society. Civil law, on the other hand, is designed to compensate an injured party with damages (usually money) for the injury.

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The question of how best to punish an individual depends to a great extent on which theory of punishment a society finds more effective. The four basic theories on which punishment is based are as follows:

•Reformation. This concept involves teaching a criminal how to function in society without committing any further wrongdoings: helping the criminal to become a “good” citizen. The question the question of whether reformation works is more debatable due in part to the high degree of recidivism among released prisoners.

•Restraint.Theneedtokeepcriminals“offthestreets”(i.e.,imprisoned) so »abiding citizens are free from potential harm. The question becomes, however, whether restraint works unless it is permanent or combined with some form of rehabilitation.

•Retribution. The theory that a wrongdoer should pay for his or her crime: getting even with the criminal. Many people find this idea barbaric; however,itseemstobeoneofthemajorfactorsindeterminingpunishment, as seen in the sayings “the criminal owes a debt to society,” “make the punishment fit the crime” and “an eye for an eye.”

•Deterrence. There are two types.

1.Individual:Theaimistokeepaparticularindividualfromcommitting another crime. If he or she is punished for a wrongdoing, perhaps it will help keep him or her from committing another offense.

2.General: The basis here is that punishing one person for a crime will keep others from committing the same crime. The question is whether people are aware of the sentences that are imposed on criminals. Of course, proponents of the deterrence theory believe that punishment does, at least to some extent, deter crime.

Text 2

Criminal court judges don’t make decisions about punishment solely on the basis of public policy and social welfare. The judges are guided by legislative or case guidelines that have classified offenses based on their severity. Punishments have to be meted out in accordance with law.

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Because not all crimes are equal, punishments vary; the degree of the seriousness of a crime determines its category, which in turn determines the punishment that can be imposed.

Misdemeanors constitute a minor class of offenses that are punishable by a fine or imprisonment for up to one year. Examples of misdemeanors are disturbing the peace or reckless driving.

Petty offenses are often considered a subset of misdemeanors and are the lowest classification of crimes. Examples include parking tickets or violations of building codes. Depending on the state law, punishment can beafine,imprisonmentinthecountyjailorboth,dependinguponstatelaw.

A felony is any crime that is punishable by death or imprisonment in a state of federal penitentiary for more than one year. Each state and the federal government further classify felonies into various degrees of harm. Virginia, for example, has six degrees of felony, classified according to the punishment for each class of felony.

Class 1 – death or life imprisonment

Class 2 – life imprisonment or a sentence of more than 20 years Class 3 – imprisonment between 5 and 20 years

Class 4 – imprisonment between 2 and 10 years

Class 5 – imprisonment for 1-10 years or less in the discretion of the court

Class 6 – imprisonment for 1-5 years or less in the discretion of the court

Whether crimes are first-, second-, third-, or even sixth-degree felonies depends on the circumstances of each case. Factors that raise or lower the degree of felony are given in the statutes. For example, kidnapping under the MPC is a felony in the first degree unless the kidnapper voluntarily releases the victim unharmed in a safe location. If those conditions are met, then kidnapping becomes a felony in second degree.

Criminal law is further subdivided into broad categories, each having specific crimes associated with the categories: crimes against persons, crimes against property, and inchoate crimes. Each specific crime, such as

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theft, has additional elements that must be proven before a defendant can be found guilty. [2]

Model Penal Code (MPC) – Типовой Уголовный кодекс Соединенных Штатов

Ex. 1. How serious you think is each of these crimes? Mark each one as either A (really serious), В (quite serious), С (less serious) or D (not very

Ex. 2. Match the words to make crimes which someone could be found

Ex. 3 Complete the sentences with these prepositions.

by of of to with withoutfrom in of on towithout

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after hijacking a security van outside a branch of the Westminster Bank.

otherwise uninjured. (escape, hold up, force, treat)

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and tables (10) ........................ and racist graffiti (11) ....................... on the walls during the attack, which occurred late last night. (describe, call, smash, spray).

Text 3 Verdicts and sentencing

If you are suspected of having committed a crime, you can be arrested and detained in police custody for up to 36 hours before a decision is made about whether or not to charge you. If you’re charged with a crime, you are then asked whether you are going to plead guilty or not guilty. If you plead guilty, you’re not then normally needed in court – unless you’ve committed a serious crime. If you plead not guilty, you will usually be released on bail – allowed to go free, provided you leave a sum of money to guarantee you will appear in court. There may be conditions attached to your bail.

MostminorcasesareheardinaMagistrates’Court,wherethemagistrate decides the verdict. However, serious cases are usually referred to a Crown Court,wheretrialisbyjury.Thejuryconsistsoftwelvepeopleandtheyhear the case for the prosecution and the case for the defence before reaching their verdict. If you’re found innocent, you’re then released. However, if youareconvicted ofthecrimeyouwerechargedwith,thejudgethen passes sentence. The judge may decide that there are mitigating circumstances and thus give a more lenient sentence. The maximum sentence is life – which usually means between 15 and 20 years. There’s no death penalty in the UK. It was abolished in 1965.

Recently, there has been much debate about sweeping changes planned for the English legal system. The government wanted to introduce trial withoutjuryforcomplicatedfraudcasesandthree-monthdetentionwithout charges being brought in certain cases related to terrorism. These plans were highly controversial.

Ex. 5. Case discussion.

Yourinstructorwillplaceyouingroupsforthisactivity.Inthefollowing story, there are six characters. They are:

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1.Using this list, individually rank the characters (from 1 to 6 with 1 being the most and 6 the least responsible) in the order of their moral responsibility for Jean’s death.

2.Now, work with other members of your group and decide on the ranking of the six characters as a group. You must reach a unanimous decision.

3.Explain the group answers to the class and try to reach a class consensus.

Jean’s Death

Around 5 p.m. one evening, a man and his wife entered the Bluebird Bar. The man, Jack, ordered a whiskey for himself and a cola for his wife, Gail. Jack continued to order the same drinks about every 1/2 hour.

At 11 p.m. the bar owner refused to serve Jack any more drinks because hewasobviouslyextremelyintoxicatedandbotheringothercustomers.Gail was used to Jack’s behavior and never asked her husband to quit drinking.

“Are you driving him home or should I call a taxi?” the bar owner asked Gail. Jack shouted, “Get out of my face! I’m driving home and neither of you can stop me!” Jack then shoved the owner aside and walked out the door. The owner just shrugged his shoulders and walked off. Gail went to the pay phone in the corner to call her sister for a ride.

As Jack left the bar a man walking by the bar shouted to him, “Hey Buddy, call a taxi!” When Jack drove off, the man simply shook his head and walked down the street.

Meanwhile, Jean and Carl were having a lovers’ quarrel on the next corner. The quarrel soon escalated into a major fight, and Carl struck Jean, saying, “Don’t ever tell me not to touch you again. I’ll show you who’s boss here.” At that point, Jean, crying hysterically and paying no attention

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at all to the traffic, ran into the street directly in front of Jack’s car. Jack was not able to stop in time, and Jean was killed instantly.

Ex. 6. Match the adjectives in the box with the groups of collocates.Try to agree on a good example for each collocation.

crucial internal gross turbulent

1)misconduct / negligence / human rights violation

2)history / time / home life / market / flight / region

3)factor / role / decision / information / stage / step

4)organs / flight / affairs / bleeding / investigation

Ex. 7. Match the verbs with the words they go with.

Ex. 8. Word building. Complete the sentences with the correct form of the words in brackets.

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