 Reading

TEXT A

Выучите слова

to resolve	решить, разрешить
prosecutor	прокурор
to convict	осудить
to initiate a suit	начать / завести дело
to incarcerate	заключить в тюрьму
to forbid	запрещать
liability	ответственность
felony	тяжкое уголовное преступление
murder	умышленное убийство
rape	изнасилование
misdemeanor	менее тяжкое преступление
petty theft	мелкая кража
to jaywalk	неосторожно переходить улицу
furthermore	более того
preponderance	перевес, преобладание

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Текст переведите.

1. What does criminal law involve?

2. What is civil law concerned with?

3. What is the difference in punishment between criminal and civil cases?

4. How is crime defined?

5. What is the difference between felonies and misdemeanors?

6. What elements do most crimes consist of?

7. What is necessary to yield conviction in a criminal case and to win a civil case?

Criminal law

Criminal law involves prosecution by the government of a person for an act that has been classified as a crime. Civil cases, on the other hand, involve individuals and organizations seeking to resolve legal disputes. In a criminal case the state, through a prosecutor, initiates the suit, while in a civil case the victim brings the suit. Persons convicted of a crime may be incarcerated, fined, or both. However, persons found liable in a civil case may only have to give up property or pay money, but are not incarcerated.

A "crime" is any act or omission (of an act) in violation of a public law forbidding or commanding it. Though there are some common law crimes, most crimes in the United States are established by local, state, and federal governments. Criminal laws vary significantly from state to state. There is, however, a Model Penal Code (MPC), which serves as a good starting place to gain an understanding of the basic structure of criminal liability.

Crimes include both felonies (more serious offenses – like murder or rape) and misdemeanors (less serious offenses – like petty theft or jaywalking). Felonies are usually crimes punishable by imprisonment of a year or more, while misdemeanors are crimes punishable by less than a year. However, no act is a crime if it has not been previously established as such either by statute or by common law. Recently, the list of Federal crimes, dealing with activities extending beyond state boundaries or having special impact on federal operations, has grown.

All statutes describing criminal behavior can be broken down into their various elements. Most crimes consist of two elements: an act, or "actus reus", and a mental state, or "mens rea". Prosecutors have to prove each and every element of the crime to yield a conviction. Furthermore, the prosecutor must persuade the jury or judge "beyond a reasonable doubt" of every fact necessary to constitute the crime charged. In civil cases, the plaintiff needs to show a defendant is liable only by a "preponderance of the evidence", or more than 50%.

TEXT B

Прочтите и переведите текст.

CRIME AND PUNISHMENT

Within a broad spectrum of cultural and historical variations, crime constitutes the intentional commission of an act usually deemed socially harmful or dangerous and specifically defined, prohibited, and punishable under the criminal law. Most countries have enacted a criminal code in which all of the criminal law can be found, although English law – the source of many other criminal law systems – remains uncodified. The definitions of particular crimes contained in a code must be interpreted in the light of many principles, some of which are not expressed in the code itself. The most important of these are related to the mental state of the accused person at the time of the act that is alleged to constitute a crime. Crimes are classified by most legal systems for purposes such as determining which court has authority to deal with the case. Social changes often result in the adoption of new criminal laws and the obsolescence of older ones.

The purpose of punishing offenders has been debated for centuries. A variety of often conflicting theories are held, and in practice each is followed to some extent.

Prison is not the most common penalty for crime – a wide variety of punishments that do not involve incarceration have developed, including financial sanctions, such as fines, and schemes for service to the community, in general, or to the victim, in particular. Juveniles are usually dealt with by courts set aside exclusively for the prosecution of young offenders.

The prison systems of most countries are subject to many problems, especially overcrowding, but the recognition by some legal systems that prisoners have rights that the courts can enforce has led to some improvements. The death penalty is now rare in Western countries, although it has been reinstated in some parts of the United States after a period of disuse.

UNIT 12

 CONVERSATION

• Hi! How are you?

• I'm O.K., thanks. And you?

• Just fine. I haven't seen you for a long time. Where have you been?

• On business in England. I spent two months there and got to know many interesting things.

• Will you tell me anything?

• Certainly. With great pleasure.

• Hi! Where are you going?

• To the reading hall!

• But why are you so angry?

• Sorry! The fact is, I am in a hurry and you are the fifth who talks to me on my way.

• Oh! I'm sorry! I didn't know that! Bye!

• See you!

 FOCUS ON GRAMMAR AND PRACTICE

MODAL VERBS	МОДАЛЬНЫЕ ГЛАГОЛЫ
WILL, SHALL, MAY, MIGHT, CAN, COULD, MUST, OUGHT (TO), SHOULD, WOULD

Will

Личное предсказание

I don't think the Queen will support them.

I doubt if I'll stay here much longer.

Уверенность (настоящее время)

I'm sure you will understand that there is nothing the Department can do.

There's a letter for you. It'll be from the bank: they said they'd be writing.

Уверенность (будущее время)

I won't be in the office until 11; I've got a meeting.

Don't bother ringing: they'll have left for their 10 o'clock lecture.

Принятие решения

For the main course I'll have grilled tuna.

I'm very tired. I think I'll stay at home tonight.

Вежливая просьба

Will you open the window, please? It's very hot in here.

Sign this, will you?

Предложение сделать что-то

You stay there! I'll fetch the drinks.

Настойчивость, типичное поведение

I'm not surprised you don't know what to do! You will keep talking in class.

Damn! My car won't start. I'll have to call the garage.

Обещание или угроза

You can count on me! I'll be there at 8 o'clock sharp.

If you don't finish your dinner off, you'll go straight to bed!

Shall

Предложение сделать что-то (в вопросах)

Shall I fetch you another glass of wine?

Shall we go to the cinema tonight?

May and Might

May and might иногда имеют очень близкое значение – вероятность совершения действия в настоящем, будущем или прошлом. (Could иногда используется также). May выражает большую вероятность (50%); might – меньшую (30%).

Вероятность (в будущем / настоящем; с неопределенностью)

She may be back in her office: the lecture was over ten minutes ago.

I may go shopping tonight, I haven’t decided yet.

England might win the World Cup, you never know.

Вероятность (в прошлом)

I'm surprised he failed. I suppose he might have been ill on the day of the exam.

Разрешение (официально)

Students may not borrow equipment without written permission.

May I open a window?

В разговорной речи – Is it all right/OK if I open a window? или Can I open a window?

May

Вероятность того, что может произойти в определенной ситуации

If used in poorly lit places, some users may experience headaches.

Each nurse may be responsible for up to twenty patients.

В значении although (хотя)

The experiment may have been a success, but there is still a lot of work to be done. (= Although it was a success, there is still ...)

Might

Что-то было возможно, но не произошло

You saw me standing at the bus stop! You might have stopped and given me a lift!

Would

Во временной форме Future in the Past

He said the next meeting would be in a month's time.

The assassination would become one of the key events of the century.

Вежливое предложение или просьба (более вежливое, чем с will)

Would you like another cup of tea?

Would you give me a ring after lunch?

I'd like the roast duck, please.

В нереальных условных предложениях

If I ruled the world, every day would be the first day of Spring.

It would have been better if you'd word processed your assignment.

После wish

I wish you wouldn't keep interrupting me.

I wish it would snow.

В значении used to (повторяющееся действие в прошлом)

When I was small, we would always visit relatives on Christmas Day.

Can and Could

Мочь, быть в состоянии

Can you speak Mandarin? (present)

She could play the piano when she was five. (past)

Просьба

Can you give me a ring at about 10?

Could you speak up a bit, please? (несколько официальнее, вежливее или мягче)

Разрешение

Can I ask you a question?

Could I ask you a personal question? (несколько официальнее, вежливее или мягче)

В косвенной речи

He asked me if I could pick him up after work.

Возможность

You can drive when you're 17.

Women couldn't vote until just after the First World War.

Выбор и возможности

If you want some help with your writing, you can come to classes, or you can get some 1:1 help.

We could go to Stratford tomorrow, but the forecast's not brilliant. (менее определенно)

Возможность в будущем

Could (не can) иногда используется как might или may, иногда выражая большую неопределенность .

When I leave university, I might travel around a bit, I might do an MA or I suppose I could even get a job.

Возможность в настоящем

I think you could be right, you know. (NOT can)

That can't be the right answer, it just doesn't make sense.

Возможность в прошлом

If I'd known the lecture had been cancelled, I could have stayed in bed longer.

Must

Необходимость, обязанность (часто с личной точки зрения)

I really must get some exercise.

People must try to be more tolerant of each other.

If you own a car, you have to pay an annual road tax.

Настоятельный совет или приглашение

I think you really must make more of an effort.

You must go and see the film – it's brilliant.

You must come and see me next time you're in town.

Уверенное предположение

This must be the place – there's a white car parked outside.

You must be mad.

What a suntan! You must have had great weather.

Отрицание выражается при помощи can't:

You're going to sell your guitar! You can't be serious!

She didn't wave – she can't have seen me.

Should

Совет

I think you should go for the Alfa rather than the Audi.

You shouldn't be drinking if you're on antibiotics.

You shouldn't have ordered that chocolate dessert – you're not going to finish it.

Обязанность (слабее, чем must)

The university should provide more sports facilities.

The equipment should be inspected regularly.

Умозаключение

The letter should get to you tomorrow – I posted it first class.

Упрек (с перфектным инфинитивом)

I should have renewed my TV license last month, but I forgot.

You shouldn't have spent so much time on that first question.

Ought (to)

Эквивалентен по значению should

You ought to get your hair cut.

 1. Переведите предложения. Поясните значение модального глагола.

Пример: It may rain today. – Сегодня может пойти дождь. (вероятность)

1. She will go to London next year. 2. He shall go to school! (obligation) 3. Lucy will change her job at Easter. 4. It might rain today. 5. She may go to the cinema. 6. She may not go to the concert. 7. They might not go to the USA. 8. Can I help you? 9. I must go. 10. I had to go. 11. I will have to go. 12. I mustn't go. 13. I didn't have to go. 14. I won't have to go. 15. You ought to thank them. 16. They should be happy. 17. You ought to exercise every day. 18. She can speak English. 19. Could you tell me the time, please? 20. They could walk faster when they were younger.

 2. Заполните пропуски модальными глаголами в прошедшем времени "could have, might have, must have, should have, may have, can't have". Некоторые из них могут быть употреблены несколько раз. Помните, что в некоторых случаях в одном и том же месте можно использовать несколько глаголов.

Carla is a secretary. She works very hard and is very respected at her office, but today she is sick and couldn't come to work. She's at home, but she has moved to a new apartment recently and nobody at the office has her new address or telephone number. Jeff and Marcia work with her. They need some letters that she typed yesterday.

1– Jeff: 'Have you found Carla's new number? She _____ written it somewhere around here.'

2– Marcia: 'No, but she _____ typed the letters because I know she never leaves work undone.'

3– Jeff: 'That's true, but where are they? She knew we need to mail them today. She _____ given them to someone yesterday, in case she didn't come.'

4– Marcia: 'Jeff, she didn't know she was going to get sick, the poor woman! She _____ felt bad after she got home last night.'

Jeff: 'I wonder if she didn't do it on purpose...'

5– Marcia: 'Jeff!!! Don't say that! You know she _____ done it on purpose. She's the best secretary we have here.'

6– Jeff: 'I know, I'm sorry. I _____ said something very bad about her, but you know I'm really upset about not finding those letters.'

Marcia: 'That's OK, but we really have to find those letters now. Dr. Kelly is going to ask us if we mailed them today, and we have to give him an answer.'

7– Jeff: 'Well, he _____ forgotten all about it. Let's hope he did.'

Marcia: 'Dr. Kelly? Forgotten about it? You must be kidding.'

8– Jeff: 'Hmm. You're right. Come on, let's go to Carla's mother's house. Carla _____ left her new address or phone number there.'

Marcia: 'That's a good idea. Let's go.'