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UNIT1 Text: Classification of Crimes. Grammar: Participle I, Participle II. Part 1. Read the text. Classification of Crimes A crime is a commission of an act prohibited or the omission of an act required by the penal code. There are three main ways in which crimes are classified. The old classification of crimes involves treasons (the most serious offences of all), felonies (more serious crimes) and misdemeanours (less serious crimes). The classifying characteristic of a crime is the length of imprisonment. Typically felonies are acts punishable either by more than one year in prison or by death. Misdemeanours are usually acts punishable by less than a year in prison. Familiar instances of felonies are murder, manslaughter, burglary, housebreaking, larceny, rape, the most conspicuous instances of misdemeanous are less heinous crimes like perjury conspiracy, fraud, libel, riot, assault. The differences between felonies and misdemeanours are no longer so numerous as they once were. Treason is the capital offence. Misprison of treason means concealing treason and is punishable by imprisonment for life. From the point of view of procedure criminal offences may be divided into indictable, non-indictable (summary) offences and offences triable other way. Indictable offences are those which may be tried on indictment, i.e. before a judge and jury (the more serious offences, such as murder and armed robbery). Non-indictable offences (petty offences) are only triable summarily, by justices of the peace sitting without a jury (the less serious offences, such as many traffic violations). The two groups indictable and non-indictable now overlap to some extent. Some indictable offences may under certain circumstances be tried summarily. There are a large number of offences triable summarily or on indictment i.e. offences triable other way. These include offences of deception, theft, bigamy. In accordance with the modern classification crimes are divided into ar-restable and non-arrestable ones. An arrestable offence is any offence for which the sentence is fixed by law (murder) or for which a person, not previously convicted, may be sentenced to a term of imprisonment for five years or more (all offences of theft). Otherwise, an offence is a non-arrestable one. The classification of arrestable and non-arrestable offences is not therefore synonymous with that of felonies and misdemeanours. Active vocabulary: assault, bigamy, burglary, commission, conspiracy, crime, deception, felony, fraud, housebreaking, imprisonment, indictment, judge, jury, justice of the peace, larceny, libel, manslaughter, misdemeanour, misprison, murder, offence, indictable offence, non-indictable offence, arrestable offence, non-arrestable offence, petty offence, capital offence, omission, perjury, to prohibit, to punish, punishment, rape, riot, theft, treason, to try. Answer the questions. 1. What is the definition of a crime? 2. How many ways of classifying offences do you find in the text? 3. What is the basis for dividing offences into treasons, felonies and misdemeanours? 4. What are the instances of felonies? 5. What are the most conspicuous instances of misdemeanours? 6. Into what classes may all offences be divided from the point of view of procedure? 7. What is the difference between an indictable and a summary 8. What are offences triable other way? 9. In what way are crimes grouped according to the modem classification? 10. May the classification into arrestable and non-arrestable offences replace the one into felonies and misdemeanours? Are the sentences true or false? Correct the false sentences. 1. Indictable offences are those which are tried by justices of the peace sitting without a jury. 2. Non-indictable offences are tried before a judge and jury. 3. Offences triable other way may be tried summarily or on 4. Arrestable offences are those for which there is a fixed mandatory penalty or which carry a sentence of at least five years' imprisonment. 5. Non-arrestable offences are all offences of theft. Match a line in A with a line in B.
Find English equivalents for the following (See Text I). a) дія, що забороняється; b) співпадати у певній мірі; c) розглядатися у порядку сумарної юрисдикції; d) бути засудженим до позбавлення волі на строк п'ять років, чи більше; є) злочин, за який призначається смертна кара; f) тюремне ув'язнення більше (менше), ніж на один рік; g) особливо (менш) тяжкі злочини; h) карається довічним ув'язненням; і) пограбування з використанням зброї. Translate the words in brackets into English. 1. Various definitions of а (злочину) have from time to time been attempted. 2. (За певних обставин) it is difficult to distinguish (кримінальні злочини) and (проступки). 3. (Незначні правопорушення) are tried summarily by (мировими суддями) sitting without a jury.
4. (Умисне вбивство), manslaughter, (нічна крадіжка зі зломом), housebreaking, (крадіжка), rape are the instances of heinous crimes. 5. Crimes like (лжесвідчення), conspiracy, (шахрайство), riot, (наклеп), assault (розглядаються) by justices of the peace sitting (без суду присяжних).., 6. The penalty for (злочин проти держави) is death. 7. (Неповідомлення) of treason is punishable by (довічним ув'язненням). 8. (Обман), (крадіжка), (двошлюбність) are the examples of the 9. The maximum (покарання) for theft is ten years' imprisonment. Complete the following sentences by using the words in the box. Use each word only once. misdemeanour, omission, libel, summary, punishment, offence, 1.... is the crime of betraying your own country by helping its 2. Crimes like perjury, conspiracy, fraund, libel, riot, assault are tried by... sitting without a jury. 3.... to perform a legal duty may be a cause of the.... 4. A value of property stolen determines whether the offence is a... or a.... 5.... offences are tried by unpaid lay magistrates sitting without a jury- 6. The most severe... is the life.... 7.... is printing or publishing something which is untrue and damages another person's reputation in some way. Read the text and then answer the questions.
1. What does a crime consist of? 2. What are the forms of actus reus? 3. What are the common examples of mens rea? 4. Do all crimes require mens rea? Part II. Форми дієприкметників
1. Read and translate these sentences into Ukrainian. Pay attention to the use of participles. 1. Officers spent a week scouring the scene, collating and chronicling - on video and in photographs - every piece of forensic evidence in the area surrounding the body. 2. Some of the prison population consists of unconvicted prisoners held in custody and awaiting trial. 3. The smooth sketch is simply one that is finished, frequently being drawn to scale using information contained in the rough sketch. 4. An offence report includes all facts known to the investigator, all actions taken and the list of all items of evidence seized. 5. Traffickers exploited commercial transportation services to ship UNIT 2 Text: Investigation of Crimes. Grammar: The Infinitive. Part I. Read the text. Investigation of Crimes Investigation is the process through which an investigator gathers, documents and evaluates facts about a crime/ It includes preliminary and latent investigation. The actions taken at the scene immediately after the crime is detected or reported constitute the preliminary phase of investigation. On arriving at the scene the investigator must make a determination whether a crime was committed, and if so, what the specific type of offence was. In those instances where the victim or suspect has sustained a serious injury there should be an immediate request for medical services. The investigator must also preserve the integrity of the crime scene to ensure that evidence is not lost, destroyed or altered in such a manner as to eliminate its value in court. Certain immediate actions are necessary when witnesses to the offence exist and the perpetrator has escaped arrest at the scene. The witnesses should be separated to avoid a discussion of their perception of the event being investigated. Each must then be individually interviewed to obtain independent information concerning the description of the suspect and any vehicle involved. If the suspect had fled the scene, hot and warm searches are conducted by the police units. A hot search is an examination of the immediate vicinity of the crime scene when the perpetrator is known to be there. A warm search is a check of a general area beyond the immediate vicinity of the crime scene when it is believed the perpetrator may still be there. The case must be documented and evidence gathered. This requires interviews of witnesses and the complainant along with the collection, marking and preservation of evidence. Additional tasks include photographing the scene and preparing a crime scene sketch. The investigator must search for evidence not only at the immediate scene of the crime but also along the perpetrator's lines of approach and flight from the scene. Usually, the suspect will approach the scene with care, but in haste to flee the scene, he may drop something which will be of significant evidentiary value. An offence report must be prepared which includes the facts known to the investigator, all actions taken and the listing of all items of evidence seized. All evidence seized must be transmitted to the police station, where it will be stored in the central depository to which access is limited in order to ensure the integrity of materials. The offence report is immediately referred to the police unit responsible for the latent investigation. Active vocabulary: access, approach (n, v), to avoid, to commit, complainant, to constitute, to detect, to evaluate, to ensure, evidence, flight, to gather, injury, integrity, item, to investigate, investigator, investigation, latent, line, list(ing), perpetrator, preliminary, to prepare, to preserve, report, to require, search(n,v) to seize, suspect (n, v), value, vehicle, victim, witness. Answer the questions. 1. What is investigation? 2. What phases does it include? 3. What is meant by the preliminary investigation? 4. Why must the investigator preserve the integrity of the crime scene? 5. What is the difference between a hot and warm search? 6. Why must the investigator examine thoroughly the immediate scene of the crime and the perpetrator's lines of approach and flight from the scene? 7. What does an offence report include? 8. Where is the offence report referred to? Types of Evidence Evidence can be defined as anything that tends logically to prove or disprove a fact of issue in a judicial case. There are many ways of classifying evidence. Three types of evidence are given below. Direct evidence usually refers to the testimony of witnesses that ties the defendant directly to the commission of the crime, such as the testimony of an eyewitness who can positively state that the defendant committed the crime. It is based on the firsthand knowledge of the witness regarding the guilt of the defendant. Real (physical) evidence is connected with the commission of the crime and can be produced in court. Items of physical evidence found at a crime scene, such as a weapon used to commit a homicide, a crowbar used to pry open a window and fingerprints, all constitute real evidence that can be observed by the jury. The broad definition of circumstantial(indirect) evidence encompasses all evidence other than direct evidence if it logically relates the defendant to the crime. Circumstantial evidence is used in a criminal case by inferring from a series of known facts the existence of an unknown fact. For example, the fact that the defendant's fingerprints are detected on a weapon found at the scene of a homicide does not necessarily mean that the defendant committed the crime. The fingerprints tie the defendant to the gun and finding the gun at the scene of the crime may be a circumstance relating the gun to the commission of the crime. Likewise, testimony that the defendant was seen near the scene of the crime, shortly after its commission does not necessarily constitute guilt. It is possible that an accumulation of circumstantial evidence may be nothing more than a series of unfortunate coincidences for which the defendant may have a logical and truthful explanation. How much circumstantial evidence is required for a jury to convict someone of a crime varies from case to case and depends largely on the composition of the jury. Part II. Форми інфінітиву
Інфінітив перекладається: 1) неозначеною формою дієслова; 2) іменником; 3) підрядним реченням. UNIT 3 Text: Interviews. Grammar: The Objective Infinitive Complex, The Subjective Infinitive Complex. Parti Read the text. Interviews Interviewing in criminal investigation is face to face conversation for the purpose of getting information from individuals who possess knowledge of a crime or its circumstances. An interview has a beginning, a middle -its main body- and an end. The beginning is the warm-up period, the time when the interviewer must establish rapport. The main body is devoted to obtaining the desired information and the end is when the investigator has accomplished certain goals and shows appreciation to the witness. The warm-up period allows the investigator to provide identification, state the purpose of the interview and to put the witness at ease with small talk. Matters of common interest may be discussed, such as children, sport, military service or membership in civil organizations. Friendly conversation can get the witness talking and provide the interviewer with an opportunity to evaluate the witness. Now the investigator can determine the type of witness being interviewed and the appropriate techniques to use. The investigator should remember that his role is to direct the flow of the interview and to do so in a non-suggestive manner. That is, a care should be taken not to lead the witness by asking questions that imply the answer. Interviews should begin by asking witnesses to tell about the events of which they have knowedge. Interviewers must remain attentive to what is and is not said and prepare questions that separate facts from inferences and implications. When beginning the questioning process, investigators should remember that their objective is to gather information so that they may picture the occurrence with the same clarity and in the same order as the witness. Questions should be asked in systematic and chronological order. They should be stated simply and clearly so that the witness understands them. Long, complex questions must be avoided, because they tend to produce disorganized and confused answers. For example, take the question: "Was the man you saw with the scar on his face walking south from where you saw the other man lying near the curb or did he have the gun in his hand and was he going the other way, toward the hill and about how old would you say he was?" This question certainly looks ridiculous on paper. But many people ask questions like this -complicated and disorganized. The interviewer must keep the witness talking and discourage digressions as much as possible. The most successful technique for keeping the witness talking is the use of open-ended, non-directional questions, such as "What happened next?" They are designed to make the witness elaborate on the issue rather than merely respond in a "yes" or "no" fashion. When all relevant information has been obtained, the interviewer may terminate the interview with a thank-you and a few words of appreciation for the witness's time and efforts to co-operate with the police in the investigation. Active vocabulary: to accomplish, appreciation, to determine, to establish, to evaluate, flow, goal, implication, to imply, individual, inference, interview(ing), issue, knowledge, occurrence, rapport, to possess, relevant, technique, to terminate. Answer the questions. 1. What is interviewing? 2. Into what periods may an interview be divided?
3. Does the warm-up period help to accomplish a successful interview? 4. In what manner should the investigator direct the flow of the interview?
5. What kind of questions should be asked? 6. Why must long, complicated questions be avoided?
7. What is the most successful technique for keeping the witness talking? 8. When does the investigator terminate the interview? Interrogation An effective investigator must be knowledgeable in the art and science of criminal investigation and know how to use psychology, salesmanship and.dramatics. Persuasiveness and perseverance are essential to success. The investigator must be emphatic, sympathetic, objective and must establish rapport with the person to be questioned. A positive, firm approach, an ability to inspire confidence and knowledge of a broad range of topics of general interest are necessary as well. There are certain basic rules the investigator should keep in mind when composing and asking questions. Questions should not be complex, because they will be difficult to understand. They must be short, direct and confined to one topic. Only words that the suspect can understand should be used. Questions should avoid legal terms. Accusatory questions and leading questions (those, which are asked in such a manner as to suggest the answer desired) should be also avoided. Adherence to these rules ensures that interrogator and suspect understand what the other is talking about. Identical techniques do not work for all interrogations. Approaches and questions differ with the type of suspect being questioned. Questioning a suspect whose guilt is certain requires a different approach from questioning a suspect whose guilt is uncertain. When a suspect's guilt is certain, the interrogator should display confidence in this fact, perhaps by asking the suspect why rather than if he or she committed the crime and by pointing out the futility of telling lies. Warning the suspect to tell the truth and pointing out some of the circumstantial evidence of guilt are also techniques to be used when guilt is certain. When a suspect's guilt is uncertain, the interrogator should begin with an indirect approach, assuming that the interrogator already possesses all necessary facts. By using all physical evidence, photographs and sketches and challenging all lies, the interrogator may make this method extremely productive. Part II A Model They saw the burglar as he opened the apartment. They saw the burglar open the apartment. 1. We noticed the stranger as he climbed over the fence. 2.The witness saw the offender as he drove away from the crime scene at a high rate of speed. 3. I watched the man as, he took a bar of chocolate from the shop b Model They expect that the investigator will establish the rapport with the person to be questioned. They expect the investigator to establish the rapport with the person to be questioned. 1.1 expect that the witnesses will be interviewed at their homes. 2. We expect that the interrogator will obtain a full description of the crime scene and the surrounding area. 3. They expect that the burglars will be detected and arrested. с Model The investigator thinks that the victim is frightened. The investigator thinks the victim to be frightened. 1. We believe that she is innocent. 2. They know that he is engaged in the crime. 3. The medical examiner believes that the wound is a gunshot entrance wound. A. Model It is known that he is an experienced investigator. He is known to be an experienced investigator. 1. It is said that the victim has sustained a serious injury. 2. It was reported that the offender had been arrested. 3. It is considered that circumstantial evidence is legal because not all B Model It is sure that the investigator will establish evidence of guilt. The investigator is sure to establish evidence of guilt. 1. It is likely that his conduct will cause prohibited consequences. 2.It is certain that the suspect's fingerprints will be compared with those found at the crime scene. 3.1t is unlikely that the initail photography will have been done before the rain. с Model The investigator has submitted all evidence seized to a crime laboratory for analysis, (to seem) The investigator seems to have submitted all evidence seized to a crime laboratory for analysis. 1. He kills people only in order to get their money.(to turn out) 2. The burglar entered the house through its back door.(to appear) 3. She has once been arrested for taking drugs.(to happen) Model We believe the investigator to have reached the main goal of the interview. The investestigator is believed to have reached the main goal of the interview. 1. Everybody considered her to be guilty. 2. We expect the arrested person to be taken to the police station. 3. The sergeant saw the guy throw a brick to a referee during the football match. 4.1 know my neighbor to be involved in drug trafficking. 5. They suppose the landlord to have burnt down his own problem building for the purpose to collect insurance. КОНТРОЛЬНІ РОБОТИ Variant I. 1. Translate the text into Ukrainian in writing: Homicide Police officials and members of the public often use the terms homicide and murder interchangeably. In fact, murder is only a part of the broad category of homicide, and homicide, defined as killing of human being by another human being, is divided into two broad classifications of homicides: nonfelonious homicides and felonious homisides. Nonfelonious homicides may be justifiable or excusable. Justifiable homicide is the necessary killing of another person in perfomance of a legal duty or the exercise of the legal right when the slayer was not at fault. Excusable homicides are those committed during the act of self-defence or in nonnegligent accidents. Felonious homicides are treated and punished as crimes and typically fall into two categories: muj-der and manslaughter. Murder is defined by common law as the killing of any human being by another with malice aforethought. Manslaughter is a criminal homicide committed under circumstances not severe enough to constitute murder, yet it cannot be classified as either justifiable or excusable homicide. The identification of a criminal's motives has both legal and Jealousy murders, for instance, have a high clearance rate, because the assailant in primarily concerned with injuring or killing the person on whom his or her emotions have become fixed, rather than with escaping apprehension. The murderer is often a rejected spouse or lover and the victim may be either the person who Jias done the rejecting or some third party involved in a lovers' triangle, Jealousy murders are sometimes followed by the suicide of the perpetrator. 2. Are the statements true or false? Correct the false statements. 1. The terms homicide and murder may replace each other. 2. Nonfelonious homicides are devided into two categories: murder and manslaughter. 3. Jealousy murders are generally committed by a rejected spouse or І - Variant II Variant II Словник А
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