Characteristics of offenders 2 страница

► Ex. W. Choose one topic to speak about

a) principals;

b) accessories;

CHAPTER II

CLASSIFICATION OF CRIMES

UNIT 4

► Ex. I. Choose the correct words to complete the following statements.

Law breakers:a pickpocket; a burglar; a murderer; a kidnapper; a traitor; an accomplice; a drug dealer; a spy; a terrorist; an assassin; a hooligan; a stowaway; a thief; a hijacker; a forger; a robber; a smuggler; an arsonist; a shoplifter; a mugger; an offender; a vandal; a gangster; a deserter; a bigamist.

1) ... sets fire to property illegally. 2) ... steals from shops while acting as an ordinary customer. 3) ... is someone who attacks people and robs them in a public place. 4) ... is anyone who breaks the law. 5) ... deliberately causes damage to property. 6) ... breaks into houses or other buildings to steal. 7) ... kills someone. 8) ... takes away people by force and demands money for their return. 9)... steals things from people's pockets in crowded places. 10) ... helps a criminal in a criminal act.

II) ... buys and sells drugs illegally. 12)... gets secret information from another country. 13) ... uses violence for political reasons. 14) ... murders for political reasons or a reward. 15) ... causes damage or disturbance in public places. 16) ... hides on a ship or plane to get a free journey. 17) ... is one who steals. 18) ... takes control of a plane by force and makes the pilot change course. 19) ... makes counterfeit (false) money or signatures. 20) ... is someone who steals money or property by force from people or places. 21) ... brings goods into a country illegally without paying tax. 22) ... betrays his country to another state. 23)... is a member of a criminal group. 24)... is a soldier who runs away from the army. 25) ... marries illegally, being married already.

► Ex. //. Translate the following words and phrases from Russian into

English.

Тяжкое убийство; поджог; кража; убийца; лицо, похитившее человека с целью выкупа; двоеженец; торговец наркотиками; правонарушитель; вандал; поджигатель; вор-взломщик; террорист; магазинный вор; уличный грабитель; вор; хулиган; контрабандист; сообщник; карманный вор; шпион; убийца по политическим мотивам или по найму; воздушный пират; заяц (в поезде и т.п.); фальшивомонетчик; гангстер; грабитель, разбойник; предатель; дезертир.

► Ex. III. Scan through the text. Work in pairs to answer the questions that follow.

Felony and misdemeanour.Most legal systems find it necessary to divide crimes into categories for various purposes connected with the procedure of the courts—determining, for instance, which kind of court may deal with which kind of offense. The common law originally divided crimes into two categories—felonies (the graver crimes, generally punishable with death, which resulted in forfeiture of the perpetrator's land and goods to the crown) and misdemeanours (for which the common law provided fines or imprisonment). There were many differences in the procedure of the courts according to whether the charge was felony or misdemeanour, and other matters that depended on the distinction included the power of the police to arrest a suspect on suspicion that he had committed an offense, since to arrest a suspect was generally permissible in felony, but not in misdemeanour. [Suspect is someone who is thought to be guilty of a crime.] By the early 19th century it had become clear that the growth of the law had rendered this classification obsolete and in many cases inconsistent with the gravity of the offenses concerned, for example, theft was a felony, irrespective of the amount stolen or obtaining by fraud was always a misdemeanour. Efforts to abolish the distinction in English law did not succeed until 1967, when the distinction was replaced by that between arrestable offenses and other offenses. [Arrestable offenses are ones punishable with five years' imprisonment or more.] The traditional classification between felony and misdemeanour has been retained in many U.S. jurisdictions and is used as the basis of determining the court that will hear the case.

Vocabulary

Common law	общее право	permissible	допустимый
felony	фелония (категория тяжких преступлений, по степени опасности находящаяся между государственной изменой и мисдиминором)	obsolete	устарелый
forfeiture	конфискация	render (make) something obsolete; inconsistent	несовместимый
misdemeanour	мисдиминор (категория наименее опасных преступлений, граничащих с административными правонарушениями)	gravity	тяжесть
charge	обвинение	arrestable offence	преступление, в связи с которым может быть произведен арест
distinction	различение	jurisdiction	судебная практика

1) What categories did the common law originally divide crimes into? 2) What crimes were generally punishable with death? 3) What were felonies resulted in? 4) What crimes were generally punishable with fines or imprisonment? 5) Was to arrest a suspect on suspicion generally permissible in felony or in misdemeanour? 6) Arrestable offenses are ones punishable with five years' imprisonment, aren't they? 7) What is the traditional classification between felony and misdemeanour used as?

► Ex. IV. Agree or disagree with the following statements.

1) Any kind of court may deal with any kind of offense. 2) Felonies are generally punishable with imprisonment. 3) Felonies are never resulted in forfeiture of the perpetrator's land to the crown. 4) Misdemeanours are generally punishable with death. 5) To arrest a suspect was generally permissible in misdemeanour, but not in felony. 6) Theft was a misdemeanour, irrespective of the amount stolen. 7) Obtaining by fraud was always a felony. 8) Arrestable offenses are ones punishable with ten years' imprisonment or more. 9) The traditional classification between felony and misdemeanour is incorrect.

► Ex. V. Restore the word order in the following statements.

1) Felony a serious crime is. 2) Felon someone who is guilty of a serious is crime. 3) Misdemeanour a crime is that is not very serious. 4) The common law originally crimes into felonies and misdemeanours divided. 5) Felonies crimes generally punishable with are death. 6) Misdemeanours crimes for which the common law are provided fines or imprisonment. 7) To was arrest a suspect on suspicion generally permissible in felony. 8) To arrest a suspect on suspicion generally impermissible in was misdemeanour. 9) Theft a felony, irrespective of the amount was stolen. 10) Obtaining by fraud always a was misdemeanour. 11) Arrestable offenses ones punishable with five years' imprisonment or more are.

► Ex. VI. Translate the following words and phrases from Russian into English.

Виновный в совершении преступления; приобретение путем мошенничества; тюремное заключение; судебная практика; преступление, в связи с которым может быть произведен арест; конфискация; мисдиминор; обвинение; различение; допустимый; устарелый; наказуемый; воровать; подозреваемое лицо; арест по подозрению; общее право; несовместимый; фелония; арестовать; штраф; кража.

► Ex. VII. Complete the following statements.

1) The common law originally divided crimes into ... 2) Felonies are ... 3) Misdemeanours are ... 4) To arrest a suspect on suspicion was permissible in ... but not in ... 5) Theft was ... 6) Obtaining by fraud was ... 7) Arrestable offenses are ... 8) The classification between felony and misdemeanour is used as...

► Ex. VIII. Choose one topic to speak about a) felonies; b) misdemeanours; c) arrestable offenses. Retell the text Felonies and misdemeanours.

UNIT 5

► Ex. I. Scan through the text Work in pairs to answer the questions that follow.

Murder.In English tradition, murder was defined as the willful killing with malice aforethought of a human creature in being, the death occurring within a year and a day of the injury. Most of these elements remain in modern definitions of the crime-— the requirement that the victim is "in being," for instance, distinguishes abortion from murder. Many of the problems of defining murder have centred on the mental element—the "malice aforethought." The old English rule extended this concept to include not only intentional or deliberate killings but also accidental killings in the course of some other serious crime (such as robbery or rape). This rule, the felony murder rule, was adopted in many other jurisdictions, although it has often produced harsh results when death has been caused accidentally in the course of what was intended to be a minor crime. The rule was abolished in England in 1957, but since then English law has been in a state of confusion over the precise definition of murder. It is now settled that an intention to kill is not necessary and that an intention to cause serious bodily injury is sufficient. Similar problems have arisen in many U.S. jurisdictions, some of which distinguish between different degrees of murder— first-degree murder may require proof of premeditation over and above the normal requirement of intention. By the way, murder and manslaughter are not mentioned in the Koran and are subject in Islamic countries to customary law as amended by Shari'ah. [Manslaughter is the crime of killing someone illegally but not deliberately. Shari'ah is a system of religious laws followed by Muslims]. Virtually all systems treat murder as a crime of the utmost gravity, providing in some cases the death penalty or a special form of sentence, such as a life sentence. A high proportion of murders in all societies is committed spontaneously by persons acquainted with the deceased, often a member of the same family, as a result of quarrels or provocation.

VOCABULARY

murder	тяжкое убийство (убийство, совершенное с заранее обдуманным злым умыслом)	by the way	между прочим
wil(l)ful	намеренный, умышленный, сознательный	manslaughter	непредумышленное убийство
malice aforethought	заранее обдуманный злой умысел	Koran Islamic	исламистский
in being	живущий	customary law	обычное право
occur	случаться	amend	вносить поправки
injury	телесное повреждение	Muslim	мусульманин
accidental	случайный	utmost	крайний
in the course of	в течение	gravity	тяжесть
cause	причинить	spontaneously	стихийно
premeditation	преднамеренность	deceased	покойник
over and above	в добавление к	quarrel	ссора, перебранка (with, between)

1) What was murder defined as in English tradition? 2) What distinguishes abortion from murder? 3) What have many of the problems of defining murder centred on? 4) What did the old English rule extend this concept to? 5) When did the felony murder rule produce harsh results? 6) Why has English law been in a state of confusion over the precise definition of murder? 7) What is now settled in English law? 8) What may first-degree murder in U.S. jurisdictions require? 9) What is not mentioned in the Koran? 10) What do all systems treat murder as? П) How are most murders committed?

► Ex. II. Agree or disagree with the following statements.

1) In English tradition, murder was defined as the unwilled killing. 2) Nothing distinguishes abortion from murder. 3) The felony murder rule includes not only unintentional or indeliberate killings but also accidental killings in the course of some other petty crimes. 4) The felony murder rule produces good results when death has been caused accidentally in the course of what was intended to be a serious crime. 5) The felony murder rule states that an intention to kill is necessary and that an intention to cause serious bodily injury is insufficient. 6) English tradition treats murder as a misdemeanour and provides a life sentence. 7) All murders are committed spontaneously and as a result of quarrels or provocation.

► Ex. III. Restore the word order in the following statements.

1) Murder defined as the willful killing with malice was aforethought of a human creature in being. 2) The death within a year and a day of the occurs injury. 3) The requirement that the victim in being is distinguishes abortion from murder. 4) Murder accidental killings in the course of robbery or includes rape. 5) The death has been accidentally in the course of what was intended to be a minor caused crime. 6) An is intention to kill not necessary. 7) An is intention to cause serious bodily injury sufficient. 8) Murder may proof require of premeditation over and above the normal requirement of intention. 9) Murder are and manslaughter not mentioned in the Koran. 10) Murder is as a crime of the utmost treated gravity. 11) Murder either death penalty or life sentence provides. 12) Murders are spontaneously committed.

► Ex. IV. Translate the following words and phrases from Russian into English.

Малозначительное преступление; заранее обдуманный злой умысел; тяжкое убийство; намеренный; живущий; непредумышленное убийство; случаться; телесное повреждение; случайный; причинить; преднамеренность; обычное право; вносить поправки; крайний; тяжесть; стихийно; покойник; ссора.

► Ex. V. Complete the following statements.

1) Murder was defined as ... 2) ... distinguishes abortion from murder. 3) The problems of defining murder centred on ... 4) The precise definition of murder includes not only ... but... 5) The felony murder rule produces harsh results when ... 6) The precise definition of murder settles that ... 7) First-degree murder requires ... 8) Murder and manslaughter are not mentioned in ... and are subject in ... 9) All jurisdictions treat murder as ... and provide ... 10) Most of murders are committed ...

► Ex. VI. Choose one topic to speak about murder:

a) its conception in England;

b) its conception in U.S. jurisdictions;

c) its conception in the Koran;

d) its conception in general.

Retell the text “Murder”.

UNIT 6

► Ex. I. Scan through the text Work in pairs to answer the questions that follow.

Rape.The traditional legal definition of rape is the performance of sexual intercourse by a man other than her husband with a woman against her will, by force or fraud. Most jurisdictions do not treat as rape an act of sexual intercourse by a husband with his wife without her consent, unless the marriage has been terminated by a legally recognized separation. Although many rapes involve the application or threat of violence, it is possible to commit rape by fraud—either by persuading the victim that what is to take place is not sexual intercourse (by representing it as medical treatment, for instance) or by impersonating some other person. In many rape trials the issue is whether the victim consented to the sexual intercourse, and this may lead to distressing cross-examination, in some cases about the woman's previous sexual behaviour, whether with the accused or with other persons. In many jurisdictions cross-examination of the complainant (plaintiff) on such matters is now restricted, and the embarrassment of the complainant is mitigated by provisions restricting publication of the woman's identity. When guilt is established, rape in most systems of criminal law is treated as a grave crime. 95 percent of those convicted of rape in England are sentenced to imprisonment. Many rapists escape conviction for a variety of reasons. The victim may be reluctant to report the incident, possibly because of fears of hostile treatment by investigating authorities or by defense lawyers in court; there are a lot of acquittals of those indicted for rape as a result of the difficulty of proving a crime of which there are rarely any witnesses other than the complainant and the accused. The motivation of rapists is now acknowledged to be a more complex matter than was formerly believed; it is widely accepted that rape is not necessarily the result of sexual desire but is more likely to be motivated by aggression and the desire to humiliate the victim.

VOCABULARY

sexual intercourse	половые сношения	mitigate	смягчать
terminate	прекращать	provisions	условия
separation	раздельное жительство супругов (по соглашению или решению суда)	publication	оглашение
impersonate	выдавать себя за другое лицо	rapists	насильники
issue	предмет спора	convict	признавать виновным
distressing	внушающий беспокойство	conviction	осуждение; обвинительный приговор
complainant	истец	acquittal	оправдательный приговор
restrict	ограничивать	indict	предъявлять обвинение
embarrassment	смущение

1) What is the traditional legal definition of rape? 2) What act do most jurisdictions not treat as rape? 3) What do many rapes involve? 4) How is it possible to commit rape by fraud? 5) What is the issue in many rape trials? 6) What may lead to distressing cross-examination? 7) What is now restricted in many jurisdictions? 8) What is the embarrassment of the complainant mitigated by? 9) What is rape treated as in most systems of criminal la\#? 10) Why do many rapists escape conviction? 11) What is the motivation of rapists?

► Ex. II. Agree or disagree with the following statements.

1) Rape is the performance of sexual intercourse by a man with a woman in accordance with her will. 2) Rape is the crime of forcing someone to have sex, especially by using persuasion. 3) Most jurisdictions treat as rape an act of sexual intercourse by a husband with his wife without her consent. 4) Many rapes don't involve the application of violence. 5) It is impossible to commit rape by fraud. 6) Absence of publication of the woman's identity increases the embarrassment of the complainant. 7) Rape is treated as a petty crime. 8) Rapists are usually sentenced to fines. 9) Many rapists escape punishment. 10) The victim may be wishful to report the incident. 11) The victim is afraid of hostile treatment by close friends. 12) Few acquittals of those indicted for rape. 13) Rape is necessarily the result of sexual desire. 14) A strong hope or wish to make the acquaintance of somebody motivates rape. 15) Rape isn't motivated by the desire to humiliate the victim.

► Ex. III. Restore the word order in the following statements.

1) Rape the performance of sexual intercourse by a man with a woman against her will is. 2) Rape the crime of forcing someone to have sex, especially by using is violence. 3) Most jurisdictions do not as rape an act of sexual intercourse by a husband with his wife without her treat consent. 4) Many rapes the application or threat of violence involve. 5) It possible to commit rape is by fraud. 6) Rape is as a grave crime treated. 7) Rapists are usually to imprisonment sentenced. 8) Many rapists conviction escape. 9) The victim be reluctant to report the incident may. 10) The victim afraid is of hostile treatment by investigating authorities. 11) There a lot of acquittals of those are indicted for rape. 12) Rape not necessarily the result is of sexual desire. 13) Rape is by aggression motivated. 14) Rape is by the desire to humiliate the motivated victim.

► Ex. IV. Translate the following words and phrases from Russian into

English.

Избежать наказания; выдавать себя за другое лицо; предмет спора; внушающий беспокойство; истец; ограничивать; смущение; смягчать; условия; оглашение; насильники; признавать виновным; обвинительный приговор; оправдательный приговор; предъявлять обвинение; половые сношения; прекращать; раздельное жительство супругов.

► Ex. V. Complete the following statements.

1) The definition of rape is ... 2) Most jurisdictions do not treat as rape ... 3) Rapes involve ... 4) It is possible to commit rape by ... 5) The issue of rape trials is ... 6) Rape trials lead to ... 7) The embarrassment of the complainant is mitigated by ... 8) When guilt is established, rape is treated as ... 9) Most of those convicted of rape are sentenced to ... 10) Many rapists escape ... 11) The victim may be reluctant to ... because of ... 12) Rape trials deal with a lot of acquittals as a result of ... 13) The motivation of rapists is ...

► Ex. VI. Choose one topic to speak about

a) rape and its definition;

b) rape and fraud;

c) rape and rapists;

d) rape and its victims;

e) rape and its motivation.

Retell the text “Rape”.

Unit 7

► Ex. I. Scan through the text. Work in pairs to answer the questions that follow.

Incest.The crime of incest consists of sexual intercourse between near relatives. Incest was not a crime under the common law but was punishable historically in the ecclesiastical courts. Legislation prohibiting incest was enacted in England in 1908, and most English-speaking jurisdictions now prohibit intercourse between close relatives. Most systems forbid intercourse between immediate relatives—father and daughter, brother and sister, mother and son. There are some anomalies—English law prohibits intercourse between grandfather and granddaughter but not between grandmother and grandson. Consent to intercourse is irrelevant to the charge of incest, but if there is no consent, the crime of rape may also be committed. Generally, sexual intercourse between family members who are not related by blood—for instance, stepfather and stepdaughter—is not considered incest, but this is prohibited in some jurisdictions. Both parties are considered guilty if incest occurs, but in many systems there is an exemption from liability for women below a certain age (16 in England, 18 in some U.S. jurisdictions). Most cases of incest that come before criminal courts concern sexual intercourse between fathers and relatively young daughters, and it is believed that incest in this form is far more common than the statistics of court cases suggest. Treatment of the offenders in such cases presents acute difficulties to the courts—on the one hand, the offense is widely regarded as serious, involving sexual abuse of children and a breach of the parent's responsibility for the child's welfare; on the other hand, to impose a severe penalty, such as imprisonment, on the father may result in the destruction of the family unit and the infliction of other deprivations on the child victim, in particular feelings of guilt for being responsible for the imprisonment of the father.

VOCABULARY

Incest	кровосмешение	irrelevant	не относящийся к делу
sexual intercourse	половые сношения	exemption from liability	иммунитет (освобождение) от ответственности
common law	общее право	treatment	исправление
punishable	наказуемый	acute	сильный
ecclesiastical	церковный	abuse	оскорбление
prohibit	запрещать	breach	нарушение
enact	вводить (закон)	welfare	благоденствие
forbid forbade forbidden	запрещать	infliction	причинение
anomaly	непоследовательность	deprivations	лишения
consent	согласие	victim	потерпевший

1) What does the crime of incest consist of? 2) Was incest a crime under the common law? 3) Was incest punishable historically in the ecclesiastical courts? 4) When was legislation prohibiting incest enacted in England? 5) What jurisdictions prohibit intercourse between close relatives? 6) What do most systems forbid? 7) Are there any anomalies in English law? 8) What is irrelevant to the charge of incest? 9) When may the crime of rape be committed? 10) What is not considered incest? 11) Are both parties considered guilty if incest occurs? 12) Are there any exemptions from liability? 13) What do most cases of incest concern? 14) What and why presents acute difficulties to the courts?

► Ex. II. Agree or disagree with the following statements.

1) The crime of incest consists of sexual intercourse between distant relatives. 2) Incest was not a crime under the criminal law. 3) Incest was punishable theoretically in the ecclesiastical courts. 4) Consent to intercourse is relevant to the charge of incest. 5) Sexual intercourse between stepfather and stepdaughter is considered incest. 6) Both parties are considered guilty if incest happens. 7) Incest involves sexual insult of children. 8) Incest involves a breach of the parent's responsibility for the child's well-being. 9) Incest may result in the disintegration of the family unit.

► Ex. III. Restore the word order in the following statements.

1) The crime of incest of sexual intercourse between near relatives consists. 2) Incest not a crime under the common law was. 3) Incest punishable historically in the ecclesiastical was courts. 4) Consent to intercourse irrelevant to the charge of incest is. 5) Sexual is intercourse between stepfather and stepdaughter not considered incest. 6) Both parties are guilty if incest occurs considered. 7) Incest sexual abuse of children involves. 8) Incest a breach of the parent's responsibility for the child's welfare involves. 9) Incest result in the destruction of the family unit may.

► Ex. IV. Translate the following words and phrases from Russian into

English.

Непоследовательность; согласие; не относящийся к делу; освобождение от ответственности; кровосмешение; половые сношения; общее право; наказуемый; церковный; затрещать; вводить закон; исправление; вовлекать; иметь результатом; состоять из; рассматривать; оскорбление; нарушение; благоденствие; причинение; лишения; потерпевши; некарательное воздействие на преступников.

Ex. V. Complete the following statements.

1) The crime of incest consists of ... 2) Incest was ... 3) Legislation prohibiting incest was ... 4) Most systems forbid ... 5) There are some anomalies ... 6) Consent to intercourse is ... 7)... is not considered incest. 8) Both parties are considered ... 9) Most cases of incest ... concern ... 10) Treatment of the offenders presents ... 11) Incest is widely regarded as ... 12) Incest involves ... 13) To impose a severe penalty ...

► Ex. VI. Choose one topic to speak about incest:

a) its history;

b) its parties;

c) its treatment.

Retell the text “Incest”.

UNIT 8

► Ex. I. Scan through the text. Work in pairs to answer the questions that follow.

Arson.In common law, arson consisted of setting fire to the dwelling of another person. In English law any kind of damage deliberately caused by fire—even setting fire to rubbish—is now arson, but generally setting fire to a building is necessary. The gravity of the crime may depend on the extent to which life is endangered—the law may distinguish between arson endangering life, or arson of occupied buildings, and other forms of arson, but most systems consider the crime a serious one. The motivation of those who commit arson differs—arson may be committed as an act of revenge against an employer or by a jealous lover, for example, or by persons who find excitement in fires or have pathological impulses to set fires. Pathological behaviour or feelings happen regularly, are unreasonable, and impossible to control. Pupils out of resentment or simple vandalism sometimes set schools on fire. [Resentment is a feeling of anger because something has happened that you think is unfair. Vandalism is the crime of deliberately damaging things, especially public property.] Some arson is more rationally motivated—a burglar may set fire to a house to conceal the evidence of his crime, as may an employee who is anxious to conceal accounts from an auditor. [Burglar is someone who gets into houses, shops etc. to steal things. Auditor is someone whose job is to officially examine a company's financial records.] Another phenomenon is setting fire to premises belonging to the fire setter in order to make a fraudulent insurance claim.