Module 5 Unit 3 Text: Criminal Law Vocabulary in use Language focus: The non-finite forms of the verbs (the Infinitive, the Gerund, the Participle) PROGRESS CHECK Pre-reading tasks 1. Do you agree with the statement «Criminals need help more than punishment»? Discuss your answer with your partners. 2. Match the following English words and expressions with their U- krainian equivalents: 1 codification of law a бездіяльність 2 double jeopardy b свідома дія 3 voluntary act c злочинний намір 4 omission d кодифікація права 5 sleepwalking e визначення, передбачене законом 6 mental disorders f лунатизм 7 criminal intent g заборона повторного переслідування з однієї і тієї ж справи 8 statutory definition h психічні захворювання 156 Reading tasks 1. Read the text to understand what information is of primary importance or new for you. CRIMINAL LAW Criminal Law is the body of law that defines criminal offences, regulates the apprehension, charging, and trial of suspected persons, and fixes punishment for convicted offenders.
Module 5. Unit 3 The offences that involve criminal law, a part of public law, are those against the state. Criminal law presupposes a rule of law in defining acts as criminal. In other words, however immoral or unjust an act may be thought to be, it is not a crime unless the law says it is one. Under the common law, custom and precedent define criminal action; in countries or states where a legal code exists, statute defines it. Criminal law usually prohibits the trial of a person a second time for the same offence (double jeopardy) and contains statutes of limitations that is, limits for the period during which charges may be made. A crime is usually defined as a voluntary act or omission, in conjunction with a given state of mind. Acts committed during fits of epilepsy or while sleepwalking are involuntary and thus do not qualify as crimes. Mental disorders are also widely recognized as limiting responsibility for acts otherwise regarded as criminal. Other factors entering into the determination of criminal intent are self-defence, defence of other persons, protection of property, and enforcement of the law. The law of most countries recognizes that the use of force, while not justifiable, may be excused if the defendant believed that the use of force was necessitated by special circumstances. Criminal acts include arson, rape, treason, aggravated assault, theft, burglary, robbery, and murder. Other concerns of criminal law are conspiracy, a rather broad term that denotes agreement between two or more individuals to commit a crime, and attempt. The definition of attempt varies from one legal system to another, but essentially it is preparation for criminal action that has gone beyond a legally defined point. Important differences exist between the criminal law of most English-speaking countries and that of other countries. The criminal law of England and the United States derives from the traditional English common law of crimes and has its origins in the judicial decisions embodied in reports of decided cases. England has consistently rejected all efforts toward comprehensive legislative codification of its criminal law; even now there is no statutory definition of murder in English law. Some Commonwealth countries, however, notably India, have enacted criminal codes that are based on the English common law of crimes. The criminal law of the United States, derived from the English common law, has been adapted in some respects to American conditions. In the majority of the U.S. states the common law of crimes has been 157
Part ІI. BASIC COURSE repealed by legislation. The effect of such statutes is that no person may be tried for any offence that is not specified in the statutory law of the state. But even in these states the common-law principles still exist, for the criminal statutes are often simply codifications of the common law, and their provisions are interpreted by reference to the common law. In Europe the criminal law of modern times has emerged from various codifications. By far the most important were the two Napoleonic codes of 1808 and 1810. The German codes of 1871 (penal code) and 1877 (procedure) provided the models for other European countries. In the last few decades the movement for codification and law reform has made considerable progress everywhere. Modern criminal law has been affected considerably by the social sciences, especially with respect to sentencing, legal research, legislation, and rehabilitation.! UNDERSTANDING MAIN POINTS UNDERSTANDING MAIN POINTS 2. A. Give the definitions for the following legal terms: a. Criminal law is b. Crime is c. Conspiracy is d. Attempt is B. Answer the questions: 1. What are the two important elements of a crime which the prosecution must prove? 2. What is «double jeopardy»? 3. What differences exist between the criminal law of most Englishspeaking countries and that of other countries? 4. What criminal codes provided the model for many European countries? 5. What has modern criminal law been affected by? 3. Law Breakers. Find in the text and decide from the context what the word could mean, then choose the appropriate definition. Match each word on the left with the correct definition on the right. 158
A B (a) an arsonist (b) a shoplifter (c) a mugger (d) an offender (e) a vandal (f) a burglar (g) a murderer (h) a kidnapper (i). a pickpocket (j) an accomplice (k) a drug dealer (l) a spy (m) a terrorist (a) an assassin (b) a hooligan (c) a stowaway (d) a thief (e) a hijacker (f) a forger (g) a robber (h) a smuggler (i) a traitor (j) a gangster (k) a deserter (1) a bigamist Module 5. Unit 3 attacks and robs people, often in the street sets fire to property illegally is anyone who breaks the law breaks into houses or other buildings to steal steals from shops while acting as an ordinary customer kills someone deliberately causes damage to property steals things from people s pockets in crowded places gets secret information from another country buys and sells drugs illegally takes away people by force and demands money for their return helps a criminal in a criminal act uses violence for political reasons causes damage or disturbance in public places hides on a ship or plane to get a free journey takes control of a plane by force and makes the pilot change course murders for political reasons or a reward is someone who steals makes counterfeit (false) money or signatures is a member of a criminal group steals money etc by force from people or places marries illegally, being married already is a soldier who runs away from the army brings goods into a country illegally without paying tax betrays his or her country to another state 4. PREPOSITIONS.Choose the right preposition in brackets according to the contents of the sentences (by, from, in, on, to, for). 1) The Crown Prosecutor, who works for the Director of Public P- rosecutions, is responsible prosecuting criminals based on evidence presented by the police. 159
Part ІI. BASIC COURSE 2) The definition of some legal terms vary one legal system to another. 3) The judge sentenced my neighbour to punishment the crime which he hadn t committed. 4) The State of Louisiana has a Roman civil form of law which derives its days as a French colony? 5) This decision was repealed... the Constitutional Court. 6) One of the two accused men were tried an offense at yesterday s trial. 7) In Ukraine the last eight years the movement of law reform has made considerable progress. 8) The judicial decision was based the Criminal Code of the country.the judge sentenced the other accused man two years in prison. 5. Here are some words connected with law and crime. If necessary, use a dictionary to help you check that you understand what they all mean. Then divide them into three groups, in what seems to you to be the most logical way. 6. Crime. Put each of the following words and phrases into its correct place in the passage below. bigamy civil classes community countries crimes criminal law felony fine forgery laws life imprisonment misdemeanour offences punishment person prison state term treason 160 theft juvenile delinquency investigator probation drunken driving malfeasance treason BUILD UP YOUR VOCABULARY member of a jury sentencing terrorism detective traffic warden lawyer burglary Crime judge rehabilitation omission death penalty aggravated assault conspiracy lawyer statute bribery arson code rape precedent fine Crime violates the laws of a community,... or nation. It is punishable in accordance with these.... «The definition of crime varies
Module 5. Unit 3 according to time and place, but the laws of most... consider as crimes such... as arson,... burglary,..., murder, and.... Not all offences against the law are.... The laws that set down the punishments for crimes form the.... This law defines as crimes those offences considered most harmful to the.... On the other hand, a... may wrong someone else in some other way that offends the... law. The common law recognizes three... of crime: treason,..., and misdemeanour. Death or... is the usual... for treason. Laws in the United States, for example, define a felony as a crime that is punishable by a... of one year or more in a state or federal....a person who commits a... may be punished by a... or a jail term of less than one year. 7. Make a plan of the text in the form of questions and ask your friends to answer them. Post-reading tasks 1. Here are some more crimes. Complete the table if necessary consult the dictionary. crime criminal verb definition terrorism blackmail drug-trafficking forgery assault pickpocketing mugging 2. Give the name of the defined law breaker. 1. steals a _ 2. steals purses and wallets a _ k _ 3. gets money by threatening to disclosepersonal information a k _ 4. seizes aeroplanes a j 5. takes things from a shop without paying a _ I 6. kills people a r 7. steals from houses or offices a _ g _ 161
Part ІI. BASIC COURSE 8. steals from banks or trains a b _ 9. takes people hostage for a ranson a _ n _ 10. steals government secrets a _ 11. wilfully destroys property a v _ 12. marries illegally while being married a b. _ already 3. Put these words and phrases from the text in the correct box. murder rape sexual assault assault causing grievous bodily harm mugging robbery burglary euthanasia car theft homicide Crimes against people Crimes involving things or property arson blackmail child abuse embezzlement kidnap fraud pickpocketing shoplifting stealing 4. Explain what two important elements to every crime there usually must be. (To help: Actus Reus and Mens Rea). 5. Game «Just a minute». Here are the phrases of three people discussing one of the problems/ crimes. What crime are they talking about? «smoking in public places» «a lucky escape from the place of the fire» «He has more than one wife» «He stole her briefcase from her car.» «We have a video of the accused robbing a bank.» «They entered (reached through the window) my neighbour s house without permission and stole his new TV-set.» 162
Module 5. Unit 3 LANGUAGE FOCUS The non-finite Forms of the Verbs (the Participle, the Gerund, the Infinitive) PROGRESS CHECK 1. Choose between the infinitive or the ing-form (Participle I or Gerund) of the verb: 1. We didn t have an opportunity (to apprehend) him. 2. The most offences (to involve) criminal law are those against the state. 3. Copyright law protects literary and artistic works (to include) paintings and sculpture. 4. They want him (to pay) damages. 5. I ve never heard him (to start) legal proceedings. 6. They ll look forward to (to charge) him for the second time. 7. The offence turned out (to be) committed while sleepwalking, and this act can t be qualified as a crime. 2. Choose the correct item: 1. Roman law is a system of laws in the 8 th century BC. a) evolved b) evolving c) to evolve 2. Authority is the control from a community s system of rules. a) to result b) resulting c) resulted 3. The civil law includes cases to family, property and contracts. a) relating b) related c) to be related 4. Family law includes the laws marriage, divorce and welfare of children. a) governed by b) governing c) to govern 5. We can t believe him the offer. a) to revoke b) revoking c) to have revoked 6. I suspect him this computer program. a) of copying b) to copy c) copying 7. They sold the original work for low price, the original creator without a chance to get economic reward. a) to leave b) leaving c) by leaving 3. Correct the mistakes: 1. Criminal law presupposes a rule of law in defined acts as criminal. 2. Intellectual property laws reward the creators of original works by 163
Part ІI. BASIC COURSE prevent others from to copy their works. 3. They stopped to involve the lawyer to defend the offender. 4. That s not worth to involve children into the trial stage. 5. He is accused to committing robbery. 6. We didn t make him to determine if there was a criminal intent. 7. If the offender turns out to being a policeman, we ll qualify the offence as omission. 8. Acts committing during fits of epilepsy are involuntary. 4. Read these sentences choose the correct non-finite form of the verb and translate the words in brackets into English: 1. A criminal lawyer is a lawyer (що спеціалізується) in felonies. 2. A war criminal is a person (звинувачений чи засуджений) of crimes against humanity. 3. Criminal procedure is the rules (що регулюють) the investigation of crimes; the arrest, (обвинувачення) and a trial of (звинувачених) criminals; and the (винесення вироку) of those convicted. 4. Criminal liability is a responsibility for (скоєння) crime. 5. Money (відмивання) is an attempt to transform illegally (отримані) money into apparently legitimate money. 6. Murder is the unlawful (вбивство) of a person with intent. 7. (озброєне) robbery is the unlawful taking of another s property (використовуючи) dangerous weapon. 164