3.3 Criminal law

Activity 1 Match the given Ukrainian words with their English equivalents.

1	offence	A	належати
2	negligence	B	обмеження
3	deleterious	C	зловмисний
4	murder	D	кримінальне право
5	punishment	E	крадіжка
6	assault	F	правопорушник
7	impose	G	шахрайство
8	victim	H	злочин
9	definition	I	позбавлення волі
10	theft	J	шкідливий
11	sufficient	K	затримувати
12	restriction	L	штраф
13	imprisonment	M	визначення
14	penal law	N	напад
15	fine	O	накладати
16	apprehend	P	жертва
17	offender	Q	достатній
18	fraud	R	недбалість
19	malicious	S	покарання
20	pertain	T	вбивство

Activity 2 Match the following Nouns with their synonyms.

1	злочинець offender	A	killing, homicide, kiss-off
2	обмеження restriction	B	enough, fill
3	недбалість negligence	C	swindle, cheat, swindling, dishonesty, roguery
4	вбивство murder	D	stealing, larceny, steal, robbery, thievery
5	злочин offense	E	criminal, perpetrator, culprit, delinquent, evildoer
6	напад assault	F	offering, sacrifice, prey, oblation, immolation
7	шахрайство fraud	G	confinement, incarceration, custody, jail, ward
8	крадіжка theft	H	crime,misdeed, wickedness, villainy, perpetration
9	жертва victim	I	penalty, forfeit, mulct, doomage, penalization
10	ув'язнення imprisonment	J	limitation, restraint, confinement, derogation, abridgement
11	штраф fine	K	carelessness, neglect, laxity, backwardness, oscitancy
12	достатня кількість sufficient	L	attack, offense, onslaught, aggression, onset

Activity 3 Read the following text.

1. Read new words with their translation.

pertain[pə'teɪn]	належати, стосуватися (to)
penalty	розплата
offence	образа; кривда
sufficiently	достатній (for)
deleterious	шкідливий, згубний
judgment	вирок, рішення суду
investigating	розслідування
apprehending	затримувати, заарештовувати
charging	обтяження; створення застави
suspect	підозрювати
requisite malicious intent	потрібний навмиснийнамір
strict liability	суворa відповідальність
actus reus	винна дія
distinguish	розрізняти
negligence	недбалість; халатність
punishment	покарання
murder['mɜːdə]	убивство
assault[ə'sɔːlt]	зґвалтування
fraud[frɔːd]	шахрайство
theft[θeft]	крадіжка
exceptional	винятковий, виключний; незвичайний
circumstance['sɜːkəmstəns]	обставина, випадок
defence	захист; оборона
pleading	клопотання; виступ захисту
insanity[ɪn'sænɪtɪ]	божевілля; безумство
prosecution [ˌprɒsɪ'kjuːʃ(ə)n]	виконання
imprisonment[ɪm'prɪz(ə)nmənt]	ув'язнення
fine	пеня; штраф
sentencing	винесення вироку (судового рішення); призначення покарання (за вироком)

2. Read and translate the text.

Criminal law

Criminal law pertains to crimes and punishment. It thus regulates the definition of and penalties for offences found to have a sufficiently deleterious social impact but, in itself, makes no moral judgment on an offender nor imposes restrictions on society that physically prevents people from committing a crime in the first place. Investigating, apprehending, charging, and trying suspected offenders are regulated by the law of criminal procedure. The paradigm case of a crime lies in the proof, beyond reasonable doubt, that a person is guilty of two things. First, the accused must commit an act which is deemed by society to be criminal, or actus reus (guilty act). Second, the accused must have the requisite malicious intent to do a criminal act (guilty mind). However for so called "strict liability" crimes, an actus reus is enough. Criminal systems of the civil law tradition distinguish between intention in the broad sense (dolus directus and dolus eventualis), and negligence. Negligence does not carry criminal responsibility unless a particular crime provides for its punishment.

Examples of crimes include murder, assault, fraud and theft. In exceptional circumstances defences can apply to specific acts, such as killing in self defence, or pleading insanity. Another example is in the 19th century English case of R v Dudley and Stephens, which tested a defence of "necessity". The Mignonette, sailing from Southampton to Sydney, sank. Three crew members and Richard Parker, a 17 year old cabin boy, were stranded on a raft. They were starving and the cabin boy was close to death. Driven to extreme hunger, the crew killed and ate the cabin boy. The crew survived and were rescued, but put on trial for murder. They argued it was necessary to kill the cabin boy to preserve their own lives. Lord Coleridge, expressing immense disapproval, ruled, "to preserve one's life is generally speaking a duty, but it may be the plainest and the highest duty to sacrifice it." The men were sentenced to hang, but public opinion was overwhelmingly supportive of the crew's right to preserve their own lives. In the end, the Crown commuted their sentences to six months in jail.

Criminal law offences are viewed as offences against not just individual victims, but the community as well. The state, usually with the help of police, takes the lead in prosecution, which is why in common law countries cases are cited as "The People v ..." or "R (for Rex or Regina) v ..." Also, lay juries are often used to determine the guilt of defendants on points of fact: juries cannot change legal rules. Some developed countries still condone capital punishment for criminal activity, but the normal punishment for a crime will be imprisonment, fines, state supervision (such as probation), or community service. Modern criminal law has been affected considerably by the social sciences, especially with respect to sentencing, legal research, legislation, and rehabilitation. On the international field, 111 countries are members of the International Criminal Court, which was established to try people for crimes against humanity.

Activity 4 Decide which of these statements are true and which are false.

1. Criminal law offences are not viewed as offences against not just individual victims, but the community as well.

2. Modern administrative law has been affected considerably by the social sciences, especially with respect to sentencing, legal research, legislation, and rehabilitation.

3 . Criminal law, also known as penal law.

4. On the international field, 121 countries are members of the International Criminal Court, which was established to try people for crimes against humanity.

5. Investigating, apprehending, charging, and trying suspected offenders is regulated by the law of criminal procedure.

6 . Some developed countries still condone capital punishment for criminal activity.

7 . Negligence carries criminal responsibility unless a particular crime provides for its punishment.

8. Criminal law regulates the definition of and penalties for offences found to have a sufficiently deleterious social impact

9. Criminal systems of the civil law tradition distinguish between intention in the broad sense and negligence.

10. Examples of crimes include murder, assault, fraud and theft.

Activity 5 Answer the following questions.

1.What do you know about Criminal law?

2. Investigating, apprehending, charging, and trying suspected offenders is regulated by the law of criminal procedure, isn`t it?

3. What examples of crimes do you know?

4. How are Criminal law offences viewed?

5. What kind of punishment for a crime do you know?