English_for_Lawyers_2011

Unit 2. Crimes and Criminals. Section 2. Classification of Crimes

Unit 2. Crimes and Criminals

Section 2. Classification of Crimes

I. LEAD-IN

1.How are crimes classified in the Ukrainian legislation?

2.Match the following English words and expressions with their Ukrainian equivalents:

3. How many syllables are there in the following words? Which of the syllables is stressed in each of them?

Misdemeanors, circumstances, imprisonment, culpability, naturally, antitrust, legislature, authority, Amendment, administrative, retroactively.

TEXT 2

4. Read the text and tell:

–what information is new for you;

–what you have already known about types and classification of crimes.

Classification of Crimes

Crimes are usually classified as treason, felony, or misdemeanor. The fundamental distinction between felonies and misdemeanors rests with the penalty and the power of imprisonment. In general, a misdemeanor is an offence for which a punishment other than death or imprisonment in the state prison is prescribed by law. The term "degree of crime" refers to

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distinctions in the culpability of an offense because of the circumstances surrounding its commission. Crimes are sometimes divided according to their nature into crimes mala in se and crimes mala prohibita; the former class comprises those acts that are thought to be immoral or wrong in themselves, or naturally evil, such as murder, rape, arson, burglary, larceny, and the like; the latter class embraces those acts that are not naturally evil but are prohibited by statute because they infringe on the rights of others (e.g., acts in restraint of trade that have been made criminal under antitrust legislation). For example, in the United States, the power to define crimes and set punishment for them rests with the legislatures of the United States, the several states, and the territories, the principal authority being that of the individual states. This power in the states is restricted by the federal Constitution, e.g., in the Fourteenth Amendment and in prohibitions against acts of attainder (an act of attainder is a legislative declaration that a particular individual is guilty of a crime) and against ex post facto laws (laws that retroactively declare certain actions to be criminal). State constitutions may also limit state legislative action. The courts cannot look further into the propriety of a penal statute than to ascertain whether the legislature has the power to enact it. Administrative rules may have the force of law, and violations of such rules are punishable as public offenses, provided that the legislature has made such violations misdemeanors.

ІI. DEVELOPMENT

1. Are the following statements true or false?

1)The fundamental distinction between felonies and misdemeanors is in the type of punishment.

2)The term "degree of crime" refers to distinctions in the culpability of an offense because of the person committing this crime.

3)Crimes mala in se are thought to be naturally evil.

4)Crimes mala prohibita include murder, rape, arson, burglary, larceny etc.

5)In the United States, the power to define crimes and set punishment for them rests with the judiciary of the United States

6)The federal Constitution restricts the power of the state to define laws.

7)State constitutions may also limit state legislative action.

8)The violations of administrative rules are not punishable as public offenses.

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Unit 2. Crimes and Criminals. Section 2. Classification of Crimes

2.Use the information in the text to give definitions to the following legal terms:

–a misdemeanor

–a degree of crime

–crimes mala in se

–crimes mala prohibita

–an act of attainder

–ex post facto laws

3. In the text find the crimes which are:

–against people;

–against property;

–against state.

4.A. In the box below you can see the names of the crimes. Match the crimes with their definitions.

B. Work with a partner and check each other. One person turns the page over, while the other asks questions such as “What do you call the crime of setting fire to a building?” or “Define ‘arson’”.

embezzlement, slander, libel, smuggling, assault, assassination, treason, murder, arson, extortion, robbery, theft, burglary, espionage

1)the crime of taking for personal use money or property that has been given on trust by others, without their knowledge or permission

2)trying to find out secrets by illegal means

3)the killing of somebody, especially a political leader or other public figure, by a sudden violent attack

4)the crime of entering a building to commit a felony, usually theft

5)the crime of carrying goods into a country secretly because they are illegal or in order to avoid paying duty on them

6)betraying your country to a foreign power.

7)the crime of obtaining something such as money or information from somebody by using force, threats, or other unacceptable methods

8)a violent physical or verbal attack

9)the act or an instance of illegally taking something that belongs to somebody else, especially by using force, threats, or violence

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10)killing someone intentionally

11)the crime of setting fire to a building

12)the act or crime of stealing somebody else's property

13)the offense of saying something false or malicious that damages somebody’s reputation

14)the offense of writing or publishing something false or malicious that damages somebody's reputation

5. Translate the articles of the Criminal Code of Ukraine:

Стаття 146. Незаконне позбавлення волі або викрадення людини

1.Незаконне позбавлення волі або викрадення людини – караються обмеженням волі на строк до трьох років або позбавленням волі на той самий строк.

2.Ті самі діяння, вчинені щодо малолітнього або з корисливих мотивів, щодо двох чи більше осіб або за попередньою змовою групою осіб, або способом, небезпечним для життя чи здоров'я потерпілого, або таке, що супроводжувалося заподіянням йому фізичних страждань, або із застосуванням зброї, або здійснюване протягом тривалого часу, – караються обмеженням волі на строк до п’яти років або позбавленням волі на той самий строк.

3.Діяння, передбачені частинами першою або другою цієї статті, вчинені організованою групою, або такі, що спричинили тяжкі наслідки, — караються позбавленням волі на строк від п'яти до десяти років.

III.PRACTICE AND EXPERIENCE

1.Do the Crime and Punishment Quiz (the British style). Then check your answers.

CRIME AND PUNISHMENT QUIZ

1. According to the 2002 British Crime Survey, what was your average

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Unit 2. Crimes and Criminals. Section 2. Classification of Crimes

2. How many mobile phones were stolen in the year 2001-2002?

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2.How well do you know Phrasal Verbs on the topic “Crimes and Punishment”? Read the definitions and choose the corresponding phrasal verbs. Then check your answers.

1.To get into a building or car using force is to ___.

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IV. WRITING

1. Use the following words to write a story. Start like this:

Jessica Rockefeller is a niece of the well-known millionaire. She was kidnapped yesterday.

Jessica Rockefeller/ kidnapped/yesterday calls/ made/ before Jessica/seen/last/park

same day/ letter/ sent

Jessica/released/ as soon as/ kidnappers given $100.000 police/informed/immediately

all areas/ searched/ since yesterday Jessica/not found/ so far

V. OVER TO YOU

1.Do the Criminal Law Quiz (the American style). Then check your answers.

1.A defendant has the right to have counsel present at which of the following procedures?

a. Analyzing of defendant’s handwriting samples.

b. A line up after formal criminal proceedings have commenced.

c. Witness viewing still pictures of suspect for identification purposes.

d. Analyzing of defendant’s fingerprints.

2.Actus Reus is:

a.The physical portion of the crime.

b.The mental portion of the crime.

c.Why the person committed the crime.

d.The punishment for the crime.

3. If “the action is wrong but the actor is not morally culpable for the harm and therefore shouldn’t be punished for causing that harm,” what type of defense is the accused making?

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a.Justification defense

b.Excuse defense

c.Offense modification

d.Failure of proof defense

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Unit 3. Crime Investigation. Section 1. Crime Investigation in Different Countries

Unit 3. Crime Investigation

Section 1. Crime Investigation

in Different Countries

I. WARMING-UP

1. Answer the following questions:

1.What is meant by investigation in the Criminal-Procedure Code of Ukraine?

2.What is the main task of criminalistics?

2.Match the following English words and expressions with their Ukrainian equivalents:

3.Match the words and their transcription read and translate the words. Pay attention to the pronunciation of Y:

Read the text to understand what information on crime investigation is of primary importance or new for you.

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TEXT 1

Notes:

to enter plea bargain – проводити переговори про заключення угоди про визнання вини (амер.)

Crime Investigation: Forensic Science

Forensic science and scientific expertise serves the administration of justice by providing scientific support in the investigation of crime and providing evidence to the courts.

When a crime is reported to the police, patrol officers are usually the first to arrive at the scene. They perform the initial investigation; fill out the forms, such as the complaint; interview witnesses; make an arrest if there is a suspect. If a crime requires expert investigation, detectives are called in. The detective’s first task usually is to examine the facts in order to determine whether a crime has actually been committed and whether further investigation is required. If a full investigation is initiated, detectives collect evidence, interview witnesses and victims, contact informants. After an arrest is made, investigative work is extremely important to the outcome of a court case. Case preparation includes reviewing and evaluating all evidence and reports on the case; re-interviewing witnesses and assisting in their preparation for court appearances; and preparing the final report.

Legal detectives and investigators in common-law countries have a wide variety of techniques available in conducting investigations. However, the majority of cases are solved by the interrogation of suspects and the interviewing witnesses, which takes time. Besides interrogations, detectives may rely on a network of informants they have processed over the years. Informants often have connections with persons a detective would not be able to approach formally. The best way is to obtain a confession from the suspect, usually this can be done in exchange for entering plea bargain for a lesser sentence. Evidence collection and preservation can also help in identifying a potential suspect(s).

Criminalistics as a subdivision of forensic science is the application of various sciences to answer questions relating to examination and comparison of different types of evidence in criminal investigations. Typically, evidence is examined in a crime lab.

A Crime Laboratory (often Crime Lab), is a scientific laboratory where scientists examine evidence from a criminal case. A typical crime lab has

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