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Английский язык для юридических специальностей. English for Law students. Учебное пособие

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Speaking.
1. Describe the political system of the USA using the diagrams below.
Используйте предложенные речевые модели.
1. Let me tell you about … – Разрешите сказать вам о …
2. It’s important to say that … – Важно сказать, что …
3. It’s necessary to note that …. – Необходимо отметить …
4. I would like to draw your attention to …. – Я хотел бы привлечь ваше внимание к …
5. Im well aware of …. – Я хорошо знаю о
6. Id like to add that … – Я хотел бы добавить, что …
7. I fully/quite agree with you … – Я с вами полностью согласен.
8. I agree with neither side. – Я не соглашусь ни с одной из сторон. 9 . So … – Итак, таким образом …
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Тема 4.
Burglary, arson, smuggling, abduction/kidnapping, fraud, theft, libel, bribery, drug dealing, shoplifting, murder/homicide, speeding, domestic violence, manslaughter, pickpocket
Punishment (example offence)
Definition
1. traffic ticket (speeding, parking)
2. license suspension (drunk driving)
3. fine (hunting out of season)
4. house arrest (a young offender who is waiting to go to court)
5. community service (a youth that steals a car for the first time)
a) do volunteer work such as teaching children about crime or cleaning up garbage b) spend the rest of one's life in prison with no chance of going back into society c) spend a certain amount of months or years locked away from society life in d) remain in one's home for a certain period of time e) leaves marks on driving
CRIME AND PUNISHMENT
Vocabulary.
1. Look at the sentences below. Match the definition of crimes to words from the box.
1. taking a person to a secret location using force
2. going into another person's home or business with force
3. the crime of killing a human being without malice aforethought, or in circumstances not amounting to murder.
4. lying or cheating for business or monetary purposes
5. stealing
6. when someone writes something false and offensive about someone
7. trading illegal drugs
8. stealing merchandise from a store
9. taking someone's life through violence
10. driving beyond the speed limit
11. when someone offers you money to do something
12. physical assault that occurs within the home
13. setting fire to a place on purpose
14. bringing products into a country secretly and illegally
15. to steal things out of people's pockets or bags, especially in a crowd
2. Match the words (1-7) with the definitions (A-G).
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6. jail time (man who assaults his wife)
7. life in prison (a woman who commits homicide)
record/involves paying a fine f) driving rights are removed for a certain period of time g) pay money as punishment for minor/petty crime
Blackmail, burglary, embezzlement, bigamy, forgery, espionage, piracy, murder, bribery.
3. Decide on a sentence for each crime. What do you think? (There may be more than one possible sentence for each crime.)
Punishment
1. fine of £100
2. 30 years in prison
3. 6 months in prison
4. death penalty
5. 5 years in prison
6. prison for life
7. a fine of £50
8. Community Service order (for example removing graffiti off walls)
9. must not drive a car for 1 year
10. a formal caution
Crime
a) A husband assaults his wife and his three frightened children see the assault. b) A student with no money steals a textbook from a bookshop. c) A person sells some drugs to a teenager. d) A man is driving a car but he has no driving documents. e) Somebody gets on a bus and assaults the driver and five passengers. f) A wife shouts and swears very loudly at her husband because she is angry or frustrated. They are in a public place and many people see them quarrelling. g) A mother and father go shopping and leave a five-year-old child at home. The child is scared and walks the streets looking for his Mum and Dad. h) A man is driving his car and he is drunk.
4. Обсудите высказывания (1-9), сделанные обвиняемыми. Подберите для каждого высказывания вид совершенного преступления, представленного в рамке.
1. “I arrived home late and found that I’d forgotten my keys. I didn’t want to
wake my wife up, and I saw there was a ladder in the garden of the house next
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door. I got the ladder and climbed in. We've just moved to the house and I didn’t realize I was in the wrong street”.
2. “I was walking my dog when I saw a gun lying on the ground. I picked it up -
it was still warm - and at that moment I saw the body lying in the long grass. I went across to look and it was my business partner. That’s when the police
arrived”.
3. “I opened the bank account in a false name as a way to help my employer pay
less tax- It’s perfectly legal. I kept meaning to tell him, but somehow, I just forgot. I bought the villa in France with my own money. It was an inheritance”.
4. “OK, so there are a hundred and twenty-three copies of ‘Four Weddings and a Funeral’. That’s perfectly true, but I had no intention of selling them. I’m a collector. “Well, this obviously isn’t my suitcase. I’ve never seen these things before in my life”.
5. “I didn’t know she was still alive, I thought she’d died in a car accident. I couldn’t believe it when I saw her walk into the room. Surely you don't think I did this just to get your money?”
6. “You misunderstand me. When I offered him the money, I meant it as a gift. I
know that life can be difficult for a young man on a police salary, especially if
he has a family, young children etcetera. It isn’t easy and I know that. I just wanted to help. I didn’t expect him to do anything in return”. 7. “After leaving the office I realized I’d forgotten my umbrella. I went back in to get it. When I
went in I noticed that the photocopier was still turned on. It had been working very badly all day, and I decided to quickly see what was wrong with it before going home. I made a few test copies of documents that were in the office; I
didn’t even look at what I was copying. The machine seemed to be working
much better. I put the copies in my briefcase - intending to use the other side as
notepaper. I don’t believe in wasting paper. At that moment Mr. Sanders came out of his office”.
8. “I painted them for pleasure. I had no intention of deceiving people. I never
said they were painted by other people. Yes, I did include the signatures of other
artists but that’s because I wanted them to be perfect copies”.
9. “Mr. Wills sent me the money to help me in my business venture – I’m trying
to start a design agency. He sent me checks every month for $1200. A couple of times he sent extra money when I had special expenses. It was always understood that he would participate in the profits of the business when it was
running. We didn’t write anything down; it was an oral agreement. The
photographs I have of him with his secretary have no connection with these payments”.
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Reading.
TEXT A.
TYPES OF CRIMES
It is possible to divide crimes into various categories. A legal division can be made in which some crimes are labeled as felonies (those punishable by death or more than a year of incarceration) and others as misdemeanors (for which a lesser sanction is imposed). Criminologists have developed another scheme that categorizes crimes according to the nature of the behavior and the type of person most likely to commit specific offenses. This scheme distinguishes five categories of crime: occupational, organized, visible, crimes without victims, and political. Each type has its own level of risk and profitability, each arouses varying degrees of public disapproval, and each has its own group of offenders with differing cultural characteristics. Occupational crime is the violation of the law committed through opportunities created in the course of a legal business or profession. They include three categories:
1. Crimes for the benefit of employing organization, such as price-fixing, theft of trade secrets, and falsifications of product tests.
2. Crimes through the exercise of state-based authority in which the offender has the legal authority to enforce laws or to command others, such as bribery, corruption, falsifying documents.
3. Crimes committed by professionals in their capacity as professionals. Physicians, lawyers, and stockbrokers might violate their professional oaths or take advantage of patients by, for instance, sexually exploiting a patient, or using confidential information for personal gain. Visible crimes, often referred to as «street crimes» or «ordinary crimes» are committed primarily by the lower classes. For offenders, these crimes are the least profitable and, because they are visible, the least protected violations. Included are crimes of violence, such as homicide, rape, and assault, as well as crimes against property, such as theft, larceny, and burglary. Political crime includes activities, such as treason, sedition (rebellion), and espionage, that are viewed as threats to the government. Crimes without victims can be defined as offenses involving a willing and private exchange of goods or services that are in high demand but are illegal. These are offenses against morality, such as prostitution, gambling, obscenity, and drug use and sales. These crimes are victimless, since the participants do not feel that they are being harmed.
Vocabulary Notes
felony тяжкое преступление misdemeanor менее тяжкое преступление
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incarceration тюремное заключение to distinguish различать, выделять profitability выгода, прибыльность bribery взяточничество homicide убийство rape изнасилование assault нападение larceny воровство treason измена sedition призыв к бунту, мятежу obscenity непристойное поведение to harm причинить вред
a) Answer the following questions.
1. How do lawyers classify crimes?
2. What scheme was developed by criminologists? What is it based on?
3. How many categories of crime does their scheme distinguish?
4. What is occupational crime?
5. Which three categories does occupational crime include?
6. How can you characterize street crimes?
7. What activities does political crime include?
8. Why are some types of crimes called victimless?
b) Insert appropriate prepositions.
1. Criminologists categorize crimes according ___ the nature ___ the behavior and the type ___ person.
2. Occupational crime is the violation ___ the law committed ___ opportunities created ___ the course ___ a legal business or profession.
3. Some occupational crimes are committed ___ the exercise ___ state-based authority.
4. Professionals ___ their capacity ___ professionals might take advantage ___ patients.
5. Street crimes include crimes ___ violence, such ___ homicide, rape, assault, and crimes ___ property.
6. Crimes ___ victims are offenses ___ morality.
7. Political crimes are viewed ___ threats ___ the government
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TEXT B.
1) indictable offence
2) summary offence
a) рассматривать (дело, случай) b) суд Kороны
CATEGORIES OF CRIMES IN THE UK
There are three categories of crimes in the UK: indictable, summary, and either­way crimes. Indictable offences are the most serious ones and are punishable by the longest prison terms. They include murder, rape and robbery and can only be tried in the Crown Court. Either-way offences can be heard either in the Crown Court or by magistrates. Examples of either way offences include theft, drug offences and less serious physical violence. A magistrate can decide that an either-way offence is serious enough to be heard in the Crown Court where the penalties prescribed can be more severe. If, however, a magistrate decides that an either-way offence can be heard as a summary trial, the defendant can choose to move the trial to the Crown Court. An important aspect of criminal law is that in most crimes the prosecution has to prove two elements. The first, actus reus, refers to the criminal act itself. The second, mens rea, refers to the intent to commit a crime – ‘guilty mind’. However, in some cases, such as drunk driving or speeding, the prosecution does not have to prove intent. Such offences are said to be of ‘strict liability’. Types of serious crimes in most jurisdictions are: arson, theft, sexual offences, terrorism. In common law arson is setting fire to the dwelling of another person. Theft sometimes is still known by the traditional name of larceny which probably is the most common crime involving criminal intent. The traditional definition of theft is the physical removal of an object without the consent of the owner. Burglary is entering a building, inhabited vehicle or vessel to steal, to inflict bodily harm or to do unlawful damage. In English law, any entry by an individual into a building with intent to commit theft is burglary. Robbery is the commission of theft in circumstances of violence. Robbery takes many forms – from the mugging of a stranger in the street to robberies of banks, involving numerous participants and careful planning.
a) Выразите согласие/несогласие со следующими утверждениями.
1. Summary offences are punished by the longest prison terms.
2. Such offences as ‘theft’ and ‘drug offences’ can only be heard in Magistrates’
courts.
3. Summary offences are the least serious offences.
4. Actus reus refers to the intent to commit a crime.
5. Mens rea refers to the criminal act itself.
b) Соотнесите английские слова и словосочетания с их русскими эквивалентами.
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3) either - way offence
4) to try
5) the Сrown Court
6) magistrates’ court
7) violence
8) trial
9) mens rea
10) actus reus
11) intent
12) liability
c) насилие, принуждение, применение силы d) преступление, подлежащее преследованию по обвинительному акту e) суд, судебное разбирательство f) преступное намерение g) виновное действие h) ответственность i) преступление двойной подсудности j) магистратский суд k) преступление, преследуемое в порядке суммарного производства l) намерение, умысел
TEXT C.
CRIMES CLASSIFICATION
An interesting way of looking at crime is suggested by former Attorney General Ramsey Clark in Crime in America. He believes that crime has many «faces» and may perhaps be best understood by using the following categories: White-collar crime converts billions of dollars annually in tax evasion, price fixing, embezzlement, swindling and consumer fraud. Organized crime reaps hundreds of millions in gambling, loansharking, drug traffic, extortion and prostitution, corrupting officials and resorting to force, including murder, when necessary, to accomplish its purposes. Crime in the streets, as we have come to call it, encompassing a wide variety of crimes against people and against property – robbery, mugging, burglary, larceny, theft and looting – produces millions of hard-earned dollars for its perpetrators. Crime of passion, emotion overwhelming reason, includes most murders, rapes and assaults. Conduct once deemed immoral and made criminal – gambling, prostitution, alcohol and drug abuse, profanity, abortion, homosexuality, fornication and obscenity – is a pervasive face of crime accounting for hundreds of thousands of arrests annually. Violations of regulations designed to protect the public health, safety and convenience – traffic control, building codes, fire ordinances, minimum standards of quality, mandatory safety precautions, misrepresentation – involve highly antisocial conduct in mass society causing hundreds of thousands of deaths each year.
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Revolutionary crime and illegal conduct intended to alter institutions impose rioting, mob violence, unlawful confrontation, arson and trespass on a weary society. Terrorist actions sniping, bombing and ambushing common in parts of the world, are an ever-increasing risk in America. Corruption in public office bribes, payoffs, fixes, conflicts of interest – occurs in every branch of government, legislative, executive, judicial, administrative, and at every level, federal, state and local.
Police crime – wrongful arrest, brutality and blackmail.
a) Find in the text the English equivalents for these words and word combinations.
уклонение от уплаты налогов; вымогательство; прибегнуть к силе; грабеж; включать в себя; кража со взломом; воровство; присвоение чужого имущества; чрезмерная эмоциональная реакция; изнасилование; физическое нападение; злоупотребление алкоголем; богохульство; прелюбодеяние; непристойное поведение; постановление о противопожарной безопасности; меры по технике безопасности; искажение фактов; стать причиной смерти; бунт; поджог; стрельба из укрытия; засада; взяточничество; подкуп; фиктивность; жестокость; шантаж.
b) Place each of the crimes listed below into one of the categories mentioned in the text.
1. Taking somebody's money by force or threat of force
2. Intentionally killing another person
3. Taking a can of soda from a supermarket without paying for it
4. Betting on professional boxing games
5. Bribing a police officer
6. Being drunk in a public place
7. Buying a cell phone known to be stolen
8. Agreeing with others to fix the price of gasoline
9. Using a weapon during a street holdup
10. Killing a police officer while robbing a store
11. Failing to report all profits in one's tax form
12. Using another's credit cards without permission
13. Selling narcotics
14. Setting fire to a warehouse to collect insurance
15. Beating up of a child by a parent
16. Selling porno films
17. Organizing violent protest campaigns on the streets
18. Engaging in prostitution
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c) Debate these questions.
1. How does Ramsey Clark classify crimes?
2. Do you agree with this classification? Why or why not?
3. Could you add some additional types of crimes to each category?
4. Which crimes prevail in criminal statistics in your city?
5. Which crimes are the most difficult to solve?
TEXT D.
DETECTIVE STORY
As he left for a visit to his outlying districts, the jealous Baron warned his pretty
wife: «Do not leave the castle while I am gone, or I will punish you severely when I return!»
But as the hours passed, the young Baroness grew lonely, and despite her husband's warning, decided to visit her lover who lived in the countryside nearby. The castle was located on an island in a wide, fast flowing river, with a drawbridge linking the island and the land at the narrowest point in the river.
«Surely my husband will not return before dawn», she thought, and ordered her
servants to lower the drawbridge and leave it down until she returned. After spending several pleasant hours with her lover, the Baroness returned to the drawbridge, only to find it blocked by a madman wildly waving a long and cruel knife.
«Do not attempt to cross this bridge, Baroness, or I will kill you», he raved.
Fearing for her life, the Baroness returned to her lover and asked him to help. «Our relationship is only a romantic one», he said. «I will not help». The Baroness then sought out a boatman on the river, explained her plight to him, and asked him to take her across the river in his boat.
«I will do it, but only if you can pay my fee of five marks». «But I have no money with me!» the Baroness protested. «That is too bad. No money, no ride», the boatman said flatly.
Her fear growing, the Baroness ran crying to the home of a friend, and after again explaining the situation, begged for enough money to pay the boatman his fee.
«If you had not disobeyed your husband, this would not have happened», the friend said. «I will give you no money».
With dawn approaching and her last resource exhausted, the Baroness returned to the bridge in desperation, attempted to cross to the castle, and was slain by the madman
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