4. Complete the text with the words from the box.

penalties Roman criminal theft civil law enforcement codes offences

The first written ____________________of law were produced by the Sumerians around 2100-2050 BC. Another important early code was the Code Hammurabi, which formed the core of Babylonian ______________________. Neither set of laws separated ________________________ codes and civil laws.

Law of the Twelve Tables, earliest code of _______________ law, was formalized in 451-450 bc from existing oral law by ten magistrates and inscribed on tablets of bronze or wood, which were posted in the principal Roman Forum. The Twelve Tables covered all categories of the law and also included specific __________________ for various ____________________. This code conflated the ____________________ and criminal aspects, e.g. treating _______________________ as a tort.

The first signs of the modern distinction between crimes and civil matters emerged during the Norman Invasion of England. The special notion of penalty, at least concerning Europe, arose in Spanish Late Scholasticism, when the theological notion of God's penalty became transfused into canon law first and, finally, to secular criminal law.

The development of the state provided justice emerged in the eighteenth century when European countries began maintaining police services. From this point, criminal law had formalized the mechanisms for ______________________, which allowed for its development as a recognized entity.

5. Give the English equivalents for the following word combinations:

Кримінальне право, кримінальний кодекс, злочин, правопорушення, покарання, призначати покарання, загрожуючи покаранням, запобігати злочину, тілесні ушкодження, забороняти, втрата свободи, нагляд, умовне покарання, типові злочини, призвести до шкідливих наслідків, бути схильним до чогось, бути ув’язненим, порушення громадського порядку.

6. Translate into English:

Згідно зі ст. 3 КК України, законодавство України про кримінальну відповідальність становить кримінальний кодекс України. Цей письмовий нормативно-правовий акт приймається Верховною Радою України або всеукраїнським референдумом, який визначає, які суспільно небезпечні діяння є злочинами і які покарання застосовуються до осіб, що їх вчинили.

IV. GRAMMAR FOCUS

1. Point out sentences with Passive Voice in the text and explain the use.

2. Transform the sentences in Active voice into the sentences in Passive Voice according to the model:

Model: The government typically enforce the criminal law.

The criminal law typically is enforced by the government.

1) Private parties usually enforce the civil law.

2) Criminal punishment may include execution, loss of liberty, government supervision (parole or probation), or fines.

3) They classify this act as a crime.

4) In a criminal case the state initiates the suit.

5) In a civil case the victim brings the suit.

6) They may incarcerate persons convicted of a crime.

V. SPEAKING

1. A. Read the questions and discuss them in groups.

Q 1: What is the difference between criminal and civil law?

Q 2: Can an event be both a criminal and civil offence?

Q 3: Can being present at the scene of a crime make you guilty?

Q 4: What is the definition of "criminal trespass?"

Q 5: What exactly is the felony murder law?

Q 6: What exactly does the term "eluding a police officer" mean?

Q 7: I was the victim of a hit and run. I located the offending vehicle and owner. What should I do to pursue this?

Q 8: I was involved in a hit and run accident but left the scene. Do I need an attorney to go to court with me?

B. Match the questions from part A with the answers (ATTENTION: the answers are given from the point of view of American legislation).

A: Felony murder means that all persons engaged in a felony are liable for murder if one of them kills a person during the crime.

The precise definition of felony murder varies from state to state. Generally, someone is liable for murder if, during the course of committing a serious felony with another person, someone other than one of the participants is killed.

A "serious felony" is one like arson, robbery, burglary, kidnapping, or rape.

In some states, it's a defense to felony murder if the defendant was unarmed and had no reason to believe that any of his co-conspirators was either armed or intended to engage in any conduct dangerous to life.

 A: Civil law is concerned with relationships between individuals and is addressed in civil court. Criminal law pertains to the relationship between an individual and the state. Cases that are prosecuted are heard in criminal court.

 A: Leaving the scene of an accident (hit and run) is a serious offense. In many states, it carries enough points to result in a revocation of your driving privileges. It also carries a possible fine and jail sentence. So, you should seek legal advice right away. A criminal defense attorney in your town can tell you what action is best to take, and whether you should have an attorney accompany you to court to speak for you and attempt a favorable resolution of the case for you.

 A: If you're the victim of a hit and run accident, you should immediately report the accident to the police, and advise them that the driver left the scene without providing you with identification and insurance information. Ask the police to fill out a report. The report will likely be assigned a case number either immediately or within a few days.

You should also call the claims department of your insurance company as soon as possible.

 A: Yes. Depending on the circumstances, a single event may be tried in both courts. This is not considered double jeopardy.

 A: In most states, juries are instructed that merely being present at the scene of a crime, even with guilty knowledge that a crime is being committed, isn't enough to convict a person of a crime. But there are principles of criminal liability that apply to people other than the actual perpetrator of a crime. For example, under federal law there is a crime called "misprision" of a felony, which applies to a person who has actual knowledge of the commission of a felony and doesn't report it to the authorities.

 A: While the precise definition can vary from state to state, a person commits the crime of "criminal trespass" when she enters or remains on another's property without the owner's consent. You may have a defense against criminal trespass if the property was open to the public, or your conduct didn't substantially interfere with the owner's use of the property, or you immediately left the premises when requested.

 A: Fleeing or eluding police occurs when a police officer gives you a visual or audible signal to stop, whether by hand, voice, emergency light or siren, and you don't obey.

It's unlawful for a person who's either driving or in a vehicle, or not to disobey an officer's order to stop, by fleeing on foot or by any other means.