Types of Criminal Offences

There are three types of criminal offences: summary, indictableand triable either way. The nature of the offence determines the mode of trial.

Summary offences are the less serious offences.These offences are tried in the magistrates’ court, without a jury, before a bench of two or three lay magistrates or by one district judge. The sentences of the magistrates’ courts are limited to imposing a fineof up to 5,000 pounds or a prison sentence of six months.

Indictable offences are the most serious offences. Examples are murder, manslaughter, rapeand arson.The procedure for trying these offences begins in the magistrates’ court. This court has the duty to assess whether there is evidenceor not to send the accused for trial by jury. If there is enough evidence, a trial will take place in the Crown court before a judge and a jury. This procedure is called “the committal,”that is the referring of a case from a magistrates’ court for trial at the Crown court following a preliminary investigationby the magistrates.

Certain types of offences are triable either way: either as an ‘indictable offence’ or as a ‘summary offence’. When an offence is triable either way, the magistrates’ court must decide, if the case should be tried on indictmentor summarily. Even if they decide that they can hear the case themselves, they must give the defendant the choice of opting for trial upon indictment before a jury. These include offences of deception, theft, dangerous drivingand some others.

T e x t 2

Kinds of Crimes in the USA

The word ‘crime’ is generally associated with the wrongdoingbut not every type of wrongis a crime. For instance, failing to fulfil a term of a contract is a wrong, but it is purely a dispute between individuals.

However, stealingfrom another person is also a wrong but it falls under the criminal law because such actions are offences which can result in prosecution.

Thus, we may say a crime is an act that violatesthe criminal law of a community. Every crime is a crime against the state.

In general, there are two kinds of crime. Felonies, which include murder, robberyand arson, are the most serious. Anyone who commitsa felony can be sent to a state prison. In some states certain felonies carry the death penalty.

Misdemeanorsare less serious. The penalty is a fine or imprisonmentof up to a year in jail. Shopliftingand driving while drunk are examples of misdemeanors.

In cases where it is not clear whether the crime is a felony or misdemeanor, it is a judge whomakes the final decision.

Crimes may also be classified as being against persons or against property.Crimes against person include assault, murder and kidnapping.

Property crimes include burglary,robbery and auto theft.

Crime in the USA is often big business. Criminal organizations such as the Mafia and the Cosa Nostra are highly organized groups who control criminal activities in a community. Many criminals today hide behind respectable businesses and use them as cover-ups for their profitable

criminal activities.

T e x t 3

Crimes in the USA

In the United States the causesof serious crimes are hotly debated, as elsewhere. Among them are unemployment, drug-abuse, poverty, inadequate police enforcement,ineffective courts, racial discrimination, television and “a general decline in middle-class values”.

Many communities have started their own campaigns against crime.

They encourage their citizens to participate in crime preventionprograms and to report crimes. Several civil rights groups actively support such “self-help” campaigns. In some neighborhoods, citizens participate in “neighborhood watch”programs and organize groups to patrol the streets.

Public opinion pollsshow that most Americans feel handgunsare responsible for the high murder rate. A majority of Americans, some 70 percent, favor laws banningthe private ownership of all handguns. At present, there are about 23,000 state and local gun laws and ordinances throughout the US. Some states only prohibitcarrying handguns. In others owners must register all handguns and have a license to carry them. In some communities people are not allowedto own any handguns.

Many Americans cite the Second Amendment to the Constitution:

“…the right of the people to keep and bear arms shall not be infringed”.

They say “Guns don’t kill, people do”.

Контрольная работа № 2

Вариант 1

Упр.IПерепишите следующие предложения, раскрывая скобки. Переведите предложения письменно.

1. The suspect … just (has questioned / has been questioned) …by the police.

2. The magistrate … already (has committed / has been committed) … the case to the Crown court.

3. All the evidence (had collected / had been collected ) against the accused by the beginning of the trial.

4. The accused (has appealed / has been appealed) against the conviction and the severity of the sentence.

5. The defendant (has been presented / has presented) by a famous barrister.

6. The court … just (has been released / has released) … the accused.

7. The magistrate … just (has decided / has been decided) there is enough evidence to answer a case.

8. The jury … just (has been found / has found) the accused guilty.

Упр.IIЗаполните пропуски правильной видовременной формой глагола. Перепишите и переведите предложения.

1. Dangerous driving … in the 1. had tried

magistrates’ court this week.

2. The court … this offence on 2. will have been tried

indictment because it’s serious. 33

3. By Friday this case … 3. has been tried

4. When we came, the case of arson … 4. has tried

5. The court … the case by last May. 5. had been tried

6. The magistrate … these minor 6. will have tried

offences summarily.

Упр.IIIПерепишите следующие предложения, определите в каждом из них видо-временную форму и залог глагола-сказуемого. Переведите предложения на русский язык.

1) According to English law, people are innocent until they are proved guilty.

2) A burglar alarm has been installed in the apartment.

3) This event is being reported about in all newspapers.

4) A number of measures to strengthen the criminal justice system had already been taken by the beginning of the year

5) The convicted was taken to prison after his appeal had been rejected by the higher court.

6) He knew groundless charges were being made against him.

7) By Sunday the article will have been published in the newspaper.

8) The case was being prepared for the trial when the investigator was given some new material

Упр.IVСоставьте предложения по модели и переведите их

Model 1: I had to work very hard last week.

To meet a relative at the station yesterday, to make a report at the last seminar, to take three exams last week

Model 2: I am to come at the examination at 10 a.m.

To have an English class on Tuesday, to go to the library before classes, to translate two texts at home.

Model 3: You should be more attentive in class.

To help mother about the house, to work better, to sleep at least seven hours.

Упр. V.Перепишите предложения, переведите их на русский язык, помня о разных значениях глаголов to be, to have.

1) The preliminary survey is to acquaint the investigating officer with the entire scene and its important details.

2) She will have to come home earlier.

3) The value of physical evidence is based on the law of probabilities.

Упр. VIПереведите текст письменно:

What is a Crime

Crime is a term that refers to misconduct forbidden by law. Murder – also called homicide – is a crime in all countries. Other crimes include: stealing a car, resisting arrest, possessing or selling illegal drugs, appearing nude on a public street, driving while under the influence of alcohol, and robbing a bank.

The list of acts considered crimes is constantly changing. Today, it is becoming a serious crime to pollute the air and water. Pollution caused few problems and received little attention in preindustrial times.

From a legal standpoint, a crime is a violation of the criminal law. Such law deals with actions considered harmful to society. On the other hand, most harmful acts causing injury to another person are violations of the civil law. Some overlapping occurs in this classification. For example, murder and rape are committed against individuals, but the law considers them crimes because they threaten society. For this reason, a crime is regarded as an offence against the state.

An act is viewed as a crime if enough evidence exists to make a police officer, a prosecutor, or a judge believe that a violation of criminal law has taken place.

Вариант 2

Упр.IПерепишите следующие предложения, раскрывая скобки. Переведите предложения письменно.

1. Many organizations … (have been started / have started) the campaigns against smoking.

2. Crime prevention programs … (have launched / have been launched) by the law enforcement bodies this year.

3. By the end of this year smoking … (will have prohibited / will have been prohibited) in all offices and institutions.

4. He registered his handgun as soon as he … (had bought / had been bought) it.

5. The program ‘neighborhood watch’ … (will have been begun / will have begun) by the beginning of the next month.

6. Public … (has supported / has been supported) the program of crime prevention.

7. The sentence … (has been limited / has limited) to imposing a fine of 3,000 pounds.

8. As there … (had been collected / had collected) enough evidence, the court sent the accused for trial by jury.

Упр.IIЗаполните пропуски правильной видо-временной формой глагола. Перепишите и переведите предложения.

1. The sentence … just 1. will have passed

2. The sentence … by next Friday. 2. has been passed

3. The judge … the sentence of 2-year 3. had been passed

imprisonment.

4. The sentence … when we came. 4. has passed

5. The court … the judgement on

Probation by last Thursday. 5. had passed

6. The court … the sentence by next

Tuesday.

6. will have been passed

Упр.IIIПерепишите следующие предложения, определите в каждом из них видо-временную форму и залог глагола – сказуемого. Переведите предложения на русский язык.

1) Thousands of frauds are committed every year.

2) This grammar rule is being discussed at the lesson today.

3) The case has been investigated successfully.

4) Different kinds of offences were reflected in Crime Statistics

5) A great part of work is devoted to finding missing or wanted persons.

6) The guilt of the suspect has been proved by the investigating officers.

7) A number of measures to strengthen the criminal justice system were being taken by the Government for a few years.

8) The Common Law offences had been codified by 1986.

Упр. IVСоставьте предложения по модели и переведите их

Model 1: I had to work very hard last week.

To stay after classes on Monday, to translate the text in writing, to

read up for the seminar in the library

Model 2: I am to come at the examination at 10 a.m.

To take five tests and four exams in January, to visit grandparents

next week end, to get up early on Sunday

Model 3: You should be more attentive in class.

To use a dictionary when reading a new text, to pay more attention to

studies, to attend all lectures and tutorials

Упр. V.Перепишите предложения, переведите их на русский язык, помня о разных значениях глаголов to be, to have.

1) The preliminary survey is to acquaint the investigating officer with the entire scene and its important details.

2) She will have to come home earlier.

3) The value of physical evidence is based on the law of probabilities

Упр.VIПереведите текст письменно

The Rate of Crime

Crime is one of the world’s oldest social problems. Almost every generation is threatened by increasing crime and violence. However, no country has yet developed reliable methods for measuring the volume and trend of crime.

Countries vary greatly in their definition of crime and in the reliability of their crime statistics. Conditions that effect the amount of crime also vary from one country to another. Such conditions include the proportion of people living in cities, the proportion of young and old people in the population, and the degree of conflict among various cultural, economic, and racial groups.

Statistics show that crime rates for both violent crimes and property crimes are rising in most countries. Comparison of the crime rates of various nations indicate that increases in crime accompany increases in the rate of social change. The crime rate stays relatively stable in traditional societies.

Statistics about crime are based on complaints to the police, offences observed by the police, and arrests of suspects. Unfortunately, much crime goes unreported, including offences against businesses, organizations, and public agencies and against public order and morality.