- •Lawyers at work
- •Lawyers at work. Professional titles
- •Legalese
- •The face of the judiciary
- •Judicial education in the usa
- •Other systems
- •The judicial system of Belarus
- •Alternative dispute resolution
- •Арбитражный суд
- •Discussion
- •Criminal law
- •Criminal law The nature of criminal law
- •What is a crime?
- •Criminal Conduct
- •Ingredients of a Crime
- •Elements of proof
- •Actus reus and mens rea
- •Defenses
- •Private wrongs
- •Felony and misdemeanor
- •Crimes against the state
- •People and property
- •Victimless crimes
- •White-collar crime
- •Organized crime
- •Computer crime
- •Discussion
Discussion
1) Name differences between barristers and solicitors.
2) Dwell on the functions of the following legal officers: judges, magistrates, coroners.
3) Point out the characteristic features of the legalese and give reasons for the slow pace of modernizing legal language.
4) What is meant by saying: "In most legal systems, conversations between a lawyer and his client are privileged"?
5) Agree or disagree with the statement:
"A lawyer is a gentleman that rescues your estate from your enemies and then keeps it to himself". (Lord Henry P. Brougham)
6) Find out the following information about the judiciary in the Republic of Belarus:
Are the members of the judiciary appointed from practising lawyers or is there a career judiciary?
What are the titles of the different classes of the judiciary?
What procedures are necessary to become a judge?
Do the same judges hear first instance cases and appeal cases?
Do the same judges hear civil and criminal cases?
Describe the practice of alternative dispute resolution in the Republic of Belarus.
UNIT 6
Criminal law
LIST OF WORDS
criminal offence
criminal contempt
criminal negligence
habitual criminal
criminal liability
criminal record
legal consequences
indictable offenses
attempted crime
deliberate killing
premeditated murder
crime of aforethought
killing with intent (premeditation)
petty / minor crime / offence
grave crime
acquittal, to acquit
term of imprisonment
a life sentence / imprisonment
capital crime / punishment
death penalty
compulsed participant in a crime
accessory after (before) the fact
crime difficult to trace
to deter crime
double jeopardy
addiction (an addict)
drug trafficking
loan sharking
to put smb on probation
community service
suspended sentence
release by early parole
to avoid guilt
felony
misdemeanor
actus reus
mens rea
to show evidence
duress
mitigation
malice aforethought
aggravating circumstances
mental incapacity
insanity
negligence
recklessness
malpractice
mercy killing
Ex. 1. Complete the following table.
crime |
criminal |
verb |
murder |
— |
— |
burglary |
— |
— |
shoplifting |
— |
— |
smuggling |
— |
— |
kidnapping |
— |
— |
terrorism |
— |
— |
blackmail |
— |
— |
forgery |
— |
— |
assault |
— |
— |
rape |
— |
— |
arson |
— |
— |
mugging |
— |
— |
pickpocketing |
— |
— |
drug-trafficking |
— |
— |
blackmail |
— |
— |
high-jacking |
— |
— |
drunken driving |
— |
— |
theft |
— |
— |
robbery |
— |
— |
Ex.2. In each group find an odd word and explain your choice.
1. blame — charge — prosecution — accusation
2. injure — hurt — harm — haunt
3. witness — testimony — confession — evidence
4. await — expect — estimate — anticipate
5. trial — inquest — ruling — inquiry
6. atrocity — barbarities — outrage — wickedness
7. legality — lawfulness — liability — validity
8. offence — crime — felony — equity
9. outdated — feeble — obsolete — stale
10. recognize — ostracize — accept — acknowledge
11. custody — testimony — captivity — internment
12. hearing — inquiry — inquest — request
13. persuasive — inductive — hypnotic — convincing
14. tribunal — court of law — court-martial — jailbird
15. appeal — prosecution — defense — custody
16. conclude — terminate — determine — close
17. allege — pronounce — declare — state
18. offence — crime — violation — casualty
19. surveillance — observation — surrender — watch
20. regulation — ordeal — rule — law
Ex. 3. Look through the list of phrases with the word “crime” in A and find their Russian equivalents in B. Make up your own sentences using them.
A |
B |
1) crime of aforethought |
1) мелкое преступление |
2) crime wave |
2) покушение на совершение преступления |
3) attempted crime |
3) преступление против всеобщих законов |
4) grave crime |
4) трудно раскрываемое преступление |
5) infamous crime |
5) предумышленное преступление |
6) latent crime |
6) организованная преступность |
7) organized crime |
7) преступление против собственности |
8) petty crime |
8) тяжкое преступление |
9) crime difficult to trace |
9) волна, динамика преступности |
10) crime against law of nations |
10) позорящее преступление |
11) crime against property |
11) отказываться от совершения преступления |
12) compulsed participant in a crime |
12) преступление, караемое смертной казнью |
13) desist from crime |
13) скрытая преступность |
14) capital crime |
14) раскрытое преступление |
15) confess to a crime |
15) потерпевший от преступления |
16) crime instrument |
16) лицо, подозреваемое в совершении преступления |
17) crime investigation |
17) обвинять в совершении преступления |
18) crime scene |
18) вынужденный участник преступления |
19) crime suspect |
19) признаться в совершении преступления |
20) crime victim |
20) расследование преступления |
21) detected crime |
21)преступление, совершенное несовершеннолетним |
22) domestic crime |
22) военное преступление |
23) juvenile crime |
23) бытовое преступление |
24) war crime |
24) орудие преступления |
25) charge with crime |
25) сдерживать преступность |
26) to deter crime |
26) место совершения преступления |
Ex. 4. Insert prepositions where necessary. Translate the sentences into Russian.
1. A military tribunal sentenced the terrorists ___ life imprisonment.
2. He was tried ___ court-martial and found guilty.
3. The appeal ___ the ruling will be heard next month.
4. You should allow six days ___ check clearance.
5. They tried to impose a ban ___ smoking.
6. The Supreme Court has just turned ___ our appeal.
7. Demands were made for the leader of the sect to be barred ___ Britain.
8. We should get papers ___ next Monday if we are lucky.
9. He died ___ detention.
10. She imposed severe discipline ___ her children.
11. Last week the suspect was finally put ___ custody.
Ex.5. Below are the word combinations with the word “violence”. Insert suitable prepositions, and make sentences of your own using the phrases. Translate the phrases into Russian.
1. to resort ___ violence
2. to die ___ violence
3. to do violence ___ a superior
4. to handle smb ___ violence
5. to enter a house ___ violence
6. robbery ___ violence
Ex. 6. Take notice of the difference in the use of the following words:
1. imprisonment — the condition of being (put) in prison;
2. confinement — the condition of being confined in or to a place (e.g. solitary confinement);
3. custody — imprisonment under guard (until trial);
4. house arrest — confinement to one’s home;
5. captivity — the state of being a captive;
6. internment — the act of interning or the period of time during which a person is imprisoned.
Insert one of the above words to suit the situation:
1. His period of ______ was up, he was set free.
2. It has become a custom to raise wild animals in ______.
3. The government was afraid of mass protests if Defoe was imprisoned, so he was put under ______.
4. The “Solidarity” leaders were put in ______ camps.
5. Peter was remanded in ______.
6. The Colonel ordered to keep the Gadfly in solitary ______.
7. His ______ ended last night.
8. His sentence was ______ for five years.
9. The ______ of political prisoners without trial is quite common.
Ex. 7. A criminal is someone who commits a crime. Below are the word combinations with the word “criminal”. Translate them and link each word combination to its definition.
Court of Criminal Appeal, criminal contempt, criminal negligence, criminal court, criminal forfeiture, criminal law, criminal lawyer, criminal procedure, criminal record, habitual criminal, criminal liability, war criminal |
1. A barrister or solicitor who specializes in felonies and misdemeanours.
2. A person charged with or convicted of crimes against humanity.
3. Previous crimes of which an individual has been convicted.
4. Rules governing the investigation of crimes; the arrest, charging and trial of accused criminals; and the sentencing of those convicted.
5. One of the higher courts of law hearing cases sent up for review.
6. Disorderly behaviour, disrespect, or disobedience of a judge’s orders, particularly during a trial.
7. A person who repeatedly commits offences.
8. Where an individual fails to exercise a duty of care and the resulting action leads to the commission of a crime.
9. The branch of law which deals with felonies and misdemeanours.
10. Loss of property or a right as a consequence of an offence.
11. A court with jurisdiction to hear felonies and misdemeanours.
12. Responsibility for committing a crime (excluded persons include minors and the insane).
Ex. 8. Match the words with their definitions and learn them.
murder, intention, defence, duress, argue, self-defence, convince, mitigation, protect, violence |
1. Actions or words which are intended to hurt people; extreme force.
2. The crime of intentionally killing a person.
3. To show disagreement, esp. strong disagreement, in talking or discussing.
4. Reduction in the severity of some penalty; making or becoming milder, less severe, or less painful; moderate.
5. Threats used to force a person to do something.
6. To keep (someone or something) safe from injury, damage or loss.
7. Protection of yourself, either by fighting or discussion.
8. Determination to do a specified thing or act in a specified way.
9. To make someone certain; to persuade.
10. An argument or explanation which you use to prove that you are not guilty of something.
TEXT 1 Read the text and get ready to discuss it.