What is a Crime?

In ordinary language, the term crime denotes an unlawful act punishable by the state. The term crime does not, in modern criminal law, have any simple and universally accepted definition, though statutory definitions have been provided for certain purposes. The most popular view is that crime is a category created by law (i.e. an action is a crime if applicable law says that it is). One proposed definition is that a crime, also called an offence or a criminal offence, is an act harmful not only to some individual, but also to the community or the state (a public wrong). Such acts are forbidden and punishable by law.

So, crimes are acts which the state considers to be wrong and which can be punished by the state. There are some acts which are crimes in one country but not in another. For example, it is a crime to drink alcohol in Saudi Arabia, but not in Egypt. It is a crime to smoke marijuana in England, but not (in prescribed places) in the Netherlands. It is a crime to have more than one wife at the same time in France, but not in Indonesia. In general, however, there is quite a lot of agreement among states as to which acts are criminal. A visitor to a foreign country can be sure that stealing, physically attacking someone or damaging their property will be unlawful. The idea that acts like murder, rape and theft are prohibited exists all around the world, and has a universal moral basis. What precisely is a criminal offence is defined by criminal law of each country. But the way of dealing with people suspected of crime may be different in other countries.

In many legal systems it is an important principle that a person cannot be considered guilty of a crime until the state proves he committed it. The suspect himself need not prove anything, although he will of course help himself if he can show evidence of his innocence. The state must prove his guilt according to high standards and there are elements that must be proved. In codified systems, these elements are usually recorded in statutes. In common law systems, the elements of some crimes are detailed in statutes; others, known as "common law crimes", are still described mostly in case law.

There are usually two important elements of a crime: (1) the criminal act itself; and (2) the criminal state of mind of the person when he committed the act. In Anglo-American law these are known by the Latin terms of (1) Actus Reus and (2) Metis Rea.

The state (government) has the power to severely restrict one's liberty for committing a crime. Therefore, in modern societies, a criminal procedure must be adhered to during the investigation and trial. Only if found guilty, the offender may be sentenced to punishment such as community sentence, imprisonment, life imprisonment or, in some jurisdictions, even death.

Task 1. Find English equivalents:

1. противоправное действие a) universal moral basis

2. основанное на законе определение b) case law

3. соответствующий закон c) unlawful act

4. уголовно наказуемое деяние d) important elements

5. установленные места e) statutory definition

6. общепринятая моральная основа f) community sentence

7. уголовный процесс g) applicable law

8. общественные работы h) public wrong

9. важные компоненты i) criminal procedure

10. прецедентное право j) prescribed places

Task 2. Form all possible word-combinations using the words of both columns and, if necessary, given prepositions. Translate them into Russian.

1. guilty a) the Latin terms

2. evidence b) certain purposes

3. according by c) a crime

4. elements d) dealing with people

5. criminal state e) law

6. known for f) his innocence

7. way g) their property

8. damaging h) the state

9. defined of i) some crimes

10. forbidden j) criminal law

11. harmful k) the community

12. punishable to l) mind

13. created m) high standards

14. provided n) law

B.

1. to show a) an unlawful act

2. to denote b) the state

3. to commit by c) all around the world

4. to prove d) people

5. to be punished e) guilty

6. to be sentenced to f) evidence

7. to exist g) his guilt

8. to restrict h) one’s liberty

9. to deal with i) punishment

10. to be considered j) a criminal procedure

11. to adhere k) criminal law

12. to be defined l) the act.

Task 3. Translate the words and phrases in brackets into English. Сonsult the text.

1. A visitor to a foreign country can be sure that stealing, (физическое нападение на кого-либо) or damaging their property will be unlawful.

2. The term crime does not, in modern criminal law, have any simple and (всеобще признанное определение).

3. There are usually two important elements to a crime: (1) (само преступное действие); and (2) the criminal state of mind of the person when he committed the act.

4. (Что конкретно является преступлением) is defined by criminal law of each country.

5. Therefore, in modern societies, (необходимо строго придерживаться уголовной процедуры) during the investigation and trial.

6. The most popular view is that crime is (категория, созданная законом) (i.e. an action is a crime if applicable law says that it is).

7. It is a crime to have more than one wife at (в одно и то же время) in France, but not in Indonesia.

8. А crime, also called an offence or a criminal offence, is an act harmful (не только для какой-то отдельной личности), but also to the community or the state (a public wrong).

9. The suspect himself (не должен ничего доказывать), although he will of course help himself if he can show evidence of his innocence.

10. The state must prove his guilt (в соответствии со строгими стандартами) and there are elements that must be proved.

Task 4. Say if these sentences are true or false according to the text. Correct the false ones.

1. The way of dealing with people suspected of crime is the same in all countries.

2. There is quite a lot of agreement among states as to which acts are criminal.

3. The suspect himself must prove that he is not guilty and may help himself if he can show evidence of his innocence.

4. There are some acts which are crimes in one country but not in another.

5. In common law systems, the elements of all crimes are detailed in statutes.

6. Such acts as crimes are forbidden and punishable by law.

7. The state (government) has the power to severely restrict one's liberty for committing a crime.

8. Statutory definitions of a crime have not been provided.

9. In Anglo-American law these elements are known by the Latin terms of (1) Actus Reus and (2) Metis Rea.

Task 5. Answer the questions.

1. What does the term crime denote in ordinary language?

2. Does the term crime have any simple and universally accepted definition?

3. What is one proposed definition?

4. Are such acts as crimes forbidden and punishable by law?

5. What kinds of acts are crimes?

6. Are there any acts which are crimes in one country but not in another?

7. What is defined by criminal law of each country?

8. What is an important principle in many legal systems?

9. Must the suspect himself prove anything?

10. How must the state prove his guilt?

11. What power does the state have?

12. In modern societies a criminal procedure must be adhered to during the investigation and trial, mustn’t it?

13. What are two important elements of a crime?

14. In what case may the offender be sentenced to punishment?

Text 2. Crime in Modern Society

At the basic level, crime and crime rates are reported under two general categories. One is “violent crime” (against individuals) and the other is “property crime”. Violent crime includes murder and manslaughter, rape, robbery, and assault. Property crimes include burglary, larceny and theft, and motor vehicle theft.

There is however enormous variation in crime and crime rates – geographical, economical, and social.

There are figures, and many studies, which show who is most affected by crime. Such “victim studies” indicate differences by race or ethnic group, sex and age.

What are causes of crime? Actual research has focused on a large number of possible causes. Among the most frequently studied are unemployment, poverty, education level and educational opportunity, drug abuse and drug dealing, racism, ethnic and cultural attitudes, easy availability of weapons, consumerism and the media, ineffective courts and policing, poor prisons, single-parent families and unwed mothers, youth gangs. Each of these possible causes is the subject of serious debate. There are many scholarly works which try to identify the causes of crime in America, and to determine what must, could, or can be done.

Civilized societies have created various systems of defending an individual from violence. Unfortunately, crime rate is increasing practically all over the world. So, the police of any country should protect the citizens, their homes and property.

Some crimes, however, are considered more serious than others. For example, in the United States, those, who commit the crime of treason, are usually punished by life imprisonment or death.

Scholars and lawyers have tried to find out the reasons for crime. Some of them say that sometimes a person’s greed, jealousy or frustration may lead to committing a crime.

Others believe that many crimes against a particular person are committed by the poor. These people can steal money or goods, and they are capable of injuring or killing their victims.

But if such offenders are caught by the police, they still have the right to be defended by a lawyer in court. As a rule the police and investigators do their best to provide the court with meaningful evidence.

The accused of a crime has certain rights that are guaranteed by the Constitution. For example, everyone has the right to a fair trial or he can keep silent without testifying against himself. Besides, a person is considered innocent unless he is proved guilty in court.

In modern society, every citizen should be aware of the legislation in force as well as of his or her right under the law.

Answer the questions:

1. What are the two categories of crime?

2. Who is most affected by crime?

3. What are causes of crime in modern society?

4. Who helps people to protect their lives, homes, property? In what way?

5. What tights does the accused have?

6. People should be aware of the legislation in force and their right under the law, shouldn’t they?

Text 3.