: English for Law Students. 2 year. Part 2 - ( ..)

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: 1775


Unit 1 what is crime?

A. GETTING STARTED. COMMUNICATION POINT

1. Read these statements and discuss them in pairs to see whether you agree or not. Prove your point of view.

The two enemies of the people are criminals and government, so let us tie the

second down with the chains of the Constitution so the second will not become the legalized version of the first.

Thomas Jefferson

We need criminals to identify ourselves with, to secretly envy and to stoutly

punish. They do for us the forbidden, illegal things we wish to.

Karl A. Menninger

B. READING AND COMPREHENSION B1. Learn the new words and expressions.

Key Vocabulary

criminal intent

breach of duty

battery ,

to do evil ,

fall within ,

ignorance ,

excuse

be held liable (for) ,

B2. Read the text and answer the questions below.

Crime: what is it?

The most fundamental characteristic of a crime is that it is a punishable

offense against society. Consequently, when a crime occurs, society, acting through such employees as the police and prosecutors, attempts to identify, arrest, prosecute, and punish the criminal. But it is societies acting through their governments that make the rules declaring what acts are illegal. Hence, war is not a crime. Although it is the most violent of human activities, it has not been declared illegal by governments or their agencies. But petty theft the stealing of a loaf of bread is a crime because the laws of most states and nations have said so.

Before anyone can be convicted of a crime, three elements usually must be proved at the trial. They are: 1) a duty to do or not to do a certain thing; 2) a violation of the duty; 3) criminal intent.

Duty. The duty to do or not to do a certain thing usually is described by statutes which prohibit certain conduct. Generally only conduct that is serious

involving violence or theft of property is classified as an offense against society and therefore criminal.

Violation of the duty. The breach of the duty must also be proved in a criminal trial. This is the specific conduct by the defendant, which violates the duty. For example, battery is always a crime often defined as the intentional causing of corporal harm. A breach of this duty could be established in a trial by the testimony of a witness who swore that they saw the defendant deliberately punch the victim.

Criminal intent. This element must be proved in most cases. Criminal intent generally mens that the defendant intended to commit the act and intended to

do evil.

A few crimes do not require criminal intent. These are generally less serious crimes, for which a jail sentence is very unlikely. Traffic offenses fallwithin this classification. You may not have intended to speed or have intended evil but you have still committed this crime.

Ignorance or mistake is generally no excuse for violating a law. A person is presumed to know what the law is. To have criminal intent, one must have sufficient mental capacity at the time one commits a crime to know the difference between right and wrong and to be capable of deciding what to do. Accordingly, insane persons are not held liable for their criminal acts.

B3. Answer the questions:

1. What are characteristics of a crime?

2. What is a criminal conduct?

3. What are the three elements of a crime?

4. What is the criminal intent?

5. Why arent insane people held liable for their criminal acts?

C. VOCABULARY EXTENTION

C1. Fill empty slots in the table with the terms from the list to match their Russian language equivalents.

a. property crime

b. protest crime

c. recent crime

d. recorded crime

e. reported crimef. planned crime g. political crimeh. conventional crime

i. crime of dishonesty j. crime of forethought k. crime of high treason l. crime of negligence m. crime of violence

n. cynical crime o. deadlier crime p. deadly crime

q. deliberate crime

r. drug-related crime

s. personal crime

t. petty crime

u. predatory crime

v. present crime

w. pretended crime

x. crime of omission

y. crime of passionz. detected crime aa. domestic crime

1. ,

2. ,

3.

4.

5. ,

6.

7.

8.

9.

10.

11.

12.

13.

14.

15. ,

16.

17.

18.

19.

20. ,

21.

22.

23.

24. ( -.)

25.

26. ,

27. ,

C2. Phraseology. Here are six idioms which are linked to the topic of crime. These idioms are not necessarily about crime; they just use the language of crime to describe other situations. Find out what they mean, how you can use them and then do the quiz. Think of their Russian parallels.

A steal

A steal is anything that is much cheaper to buy than you would expect. The

item is a real bargain and great value for money. It is so cheap, that is almost like we have stolen it!

'I only paid 20 dollars for this dress and it's a designer brand. It was a real steal!'

Highway robbery

Highway robbery (also known as daylight robbery) means that you feel something is much more expensive than it should be. You feel you are paying

way too much.

'The soft drinks in the cinema are really expensive. I paid 10 dollars for a cola. It's highway robbery!'

Thick as thieves

When people are thick as thieves they have a very close relationship.

They're probably best friends who are always together and never keep secrets from each other.

'Lee and Mike have been as thick as thieves since they met in junior school. They do everything together.'

On the case

When someone is on the case they are doing what needs to be done in a

particular situation. They are dealing with the task or problem.

'Don't worry about it. I'll have the report done by Friday. I'm on the case.'

Get away with murder

When someone gets away with murder they are not punished for bad

behavior. They did something bad or wrong and did not get into trouble for it.

'She never does her homework and she's always late for class. Our teacher lets her get away with murder! He never punishes her.'

Partner in crime

A partner in crime is a person who helps you to make a secret plan to do

something wrong or dishonest. They help you to do something bad or naughty.

'Tom made sure nobody was looking as I set off the fire-alarm in our school.

He was my partner in crime.'

C3. Complete the sentences using one of the idioms above.

1. How much? There's no way I'm going to pay so much. That's .

2. Paul helped me to break open the door. He was my .

3. He's a badly behaved boy, but his parents never do anything. They let

him .

4. James said that he would get the tickets. He said he was .

5. Because I'm so generous, I'll let you have it for half price. That's you.

6. You never see Emma without Jenny. Those two are as .

D. WORD FORMATION

for

D1. Use the words in brackets to form a word that fits in the space.

Police

Most societies have organizations called police forces to maintain order,

investigate lawbreaking, and 1

(apprehension) criminals. Police forces

are part of the criminal justice system, which also includes the courts, prosecuting and defense attorneys, and prisons.

The words police and politics are 2

(relation). Both are derived from

the Greek term for city-state and have to do with the 3 oversight of communities of people. Police operations 4

(administer) and

(variety) from

nation to nation. In some states police forces are highly militarized and nearly

5

The 6

(distinguish) from the armed forces.

(organize) of police forces varies around the world. Many

countries have 7

(centre), or national, police organizations. Among

them are France, Italy, Norway, Sweden, Finland, Portugal, China, and Turkey. In some nations there may be different forces for different purposes. Italy, for example, has three national forces. The State Police are responsible

for most normal police duties, including 8

(maintain) of public order,

criminal 9

(detective), and highway patrol. The Corps of Carabineers

(Carabinieri) is an arm of the military. It is charged with keeping public

order, riot control, border patrol, and antiterrorist 10

(active). The

Treasury Guard enforces tax laws and works to prevent smuggling. Apart from these national forces, most cities and towns have municipal police in charge of traffic control and the enforcement of local laws.

E. DISCUSSION

E1. Work in groups. Read the story below. In the story there are six characters.

i) Individually rank the characters from 1 to 6 with 1 being the most

and 6 the least responsible in the order of their moral responsibility for Jeans death.

j) Work with other members of your group and decide of the ranking of the six characters as a group. You must reach a unanimous decision.

k) In the same groups determine if the party you found morally responsible for Jeans death could also be found legally responsible from aspect of criminal law. Are the common elements of crime present?

Jeans Death

Around 5 pm one evening, a man and his wife entered the Bluebird Bar. The

man, Jack, ordered a whiskey for himself and a cola for his wife, Gail. Jack continued to order the same drinks about every ½ hour.

At 11 pm the bar owner refused to serve Jack any more drinks because he was obviously extremely intoxicated and bothering other customers. Gail was used to Jacks behaviour and never asked her husband to quit drinking.

Are you driving him home or should I call a taxi? yhe bar owner asked Gail. Jack shouted,Get out of my face! Im driving home and neither of you can stop me! Jack then shoved the owner aside and walked out the door. The owner just shrugged his shoulders and walked off. Gail went to the pay phone in the corner to call her sister for a ride.

As Jack left the bar a man walking by the bar shouted to him, Hey Buddy, call a taxi! When Jack drove off, the man simply shook his head and walked down the street.

Meanwhile, Jean and Carl were having a lovers quarrel on the next corner. The quarrel soon escalated into a major fight, and Carl struck Jean, saying, Dont ever tell me not to touch you again. Ill show you whos boss here. At that point, Jean, crying hysterically and paying no attention to all the traffic, ran into the street directly in front of Jacks car. Jack was not able to stop in time, and Jean was killed instantly.

F. WRITING

F1. In pairs find the synonyms to the entries taken from the text (in the box). Write two/three sentences using them.

If it is against criminal law, it is a crime. It is societies acting through their governments that make the rules declaring what acts are illegal.

crime (noun) Synonyms:

misdeed, offense, criminality, illegality, lawlessness; breach, break, infringement, transgression, violation; wrong, wrongdoing; felony illegal (adjective)

Synonyms:

criminal, illegitimate, illicit, lawless, wrongful, banned, forbidden, interdicted, prohibited, proscribed, outlawed, unauthorized

society (noun) Synonyms:

company, companionship, fellowship, brotherhood, club, fellowship, fraternity, guild, league, order, community, people, public


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