Тема 11. 1. Уголовное право и сфера его деятельности

Грамматическая тема: Сложное дополнение.

 

Study the words and the word-combinations.

 

crime – преступление

law – право

lawyer – юрист, адвокат

lawful – законный

convict – признавать виновным, выносить приговор

acquit – оправдывать

acquittal– оправдание

guilty – виновный

victim – жертва

criminal justice – уголовное судопроизводство

suspect – подозревать

common law – общее право

riot – нарушение общественной тишины и порядка

fraud – обман, мошенничество, подделка

prosecute – преследовать судебным порядком

prosecutor – обвинитель

public prosecutor – прокурор

criminal law – уголовное право

legislation – законодательство

probation – условное освобождение на поруки

violence – жестокость, насилие

homicide – убийство

burglary – ночная кража со взломом

robbery – кража, грабеж

theft – воровство, кража

forgery– подлог, подделка

abet – подстрекать

perpetrator – нарушитель

encourage – поощрять

knowingly – намеренно

implements – инструменты

accomplice – сообщник

principal - исполнитель преступления

accessory before the fact – соучастник до события преступления

culpable – виновный

instigate – подстрекать

evil intent – злое намерение

administer – снабдить

innocent – невиновный

accessory after the fact – соучастник после события преступления (укрыватель, недоноситель)

resetter – укрыватель имуще­ства, добытого заведомо преступным путем, укрыватель преступника

non-information – недоносительство

felon – уголовный преступник

conviction – осуждение

 

I. Scan through the text.

CRIMINAL LAW

Criminal lawis the body of law that defines criminal offenses, regulates the apprehension, charging, and trial of suspected persons, and fixes punishment for convicted offenders. Criminal law defines 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. A crime is usually defined as a voluntary act or omission, together with a given state of mind.

The Government's strategy for dealing with crime is to sustain the rule of law by preventing crime where possible; to detect culprits when crimes are committed; to convict the guilty and acquit the innocent; to deal firmly, adequately and sensibly with those found guilty; and to provide more effective support for the victims of crime. It is also concerned with ensuring that public confidence in the criminal justice system is maintained and that a proper balance between the rights of the citizen and the needs of the community as a whole is maintained.

With continuing concern in Britain, as in many other countries, over rising crime rates, public expenditure on the law and order programme reflects the special priority given by the Government to these services. Recent increases have been made to cover, in particular, greater police manpower, the probation service and extra spending on prison building. More than two-thirds of total expenditure is initially incurred by local authorities (with the help of central government grants), mainly on the police service.

A number of measures to strengthen the criminal justice system have been taken. The Drug Trafficking Offences Act 1986 provides for the pretrial freezing of suspected drug trafficker's assets, backed up on conviction by immediate confiscation of the assets to the value of the proceeds of the crime; similar provisions are included in the Criminal Justice (Scotland) Act 1987. The Public Order Act 1986 codifies the common law offences of riot, unlawful assembly and affray; enhances the powers of the police to control public processions and assemblies likely to result in serious disorder or disruption; strengthens the law against incitement to racial hatred; and provides additional powers to combat football hooliganism. Under the Criminal Justice Act 1987 a Serious Fraud Office with wide powers to investigate and prosecute serious or complex fraud in England, Wales and Northern Ireland was established in 1988.

Criminal law also deals with the preparation of charges and with trial procedures. The latter involves the formation of juries, the guarantee of a public trial, the right to counsel, the presentation of evidence, the establishment of guilt, and sentencing, if guilt has been established. Criminal law is concerned with postconviction procedures, such as calling for a new trial or challenging a conviction, either in the court where the conviction was declared or in appeal to a higher court.

 

II. Answer the following questions.

 

1. What is the essence of the Government's strategy for dealing with crime?

2. What does the Drug Trafficking Offences Act 1986 provide for?

3. Are there similar provisions in the Criminal Justice (Scotland) Act 1987?

4. What does the public Order Act 1986 codify?

5. What Act was established on a Serious Fraud in 1988?

6. How is most legislation affecting criminal law sponsored in practice?

7. Is there usually consultation between government departments and the legal profession, the police the probation service and voluntary bodies?

8. Who is responsible for this consultation in Scotland?

9. How high is per cent of crime against property?

10. What is the number of notifiable offences recorded by the police in England and Wales in 1987?

11. How high are clear-up rates for certain very serious offences?

12. What measures has the Government taken to prevent crime?

 

III. Choose the correct answer.

 

1. The Government's strategy for fighting with crime is to observe the rule of law by preventing crime where possible.

a) the Government tends only to sustain the rule of law and the whole strategy is designed on it;

b) the Government's strategy is to convict the guilty and acquit the innocent but no attention is paid to preventing crime;

c) yes, it is true. The Government's strategy is to prevent crime where possible and to deal firmly, adequately and sensibly with those found guilty.

 

2. Have a number of measures been taken to strengthen the criminal justice system?

a) the attempts have been made;

b) no measures have been taken whatever;

c) some serious measures have been taken.

 

3. The Public Order Act 1986 codifies the common law offences.

a) it codifies such offences as riot, unlawful assembly and affray;

b) it does not enhance the powers of the police to control public processions;

c) it does not provide additional powers at all to combat football hooliganism.

 

4. In practice most legislation affecting criminal law is government-sponsored, but there is usually...

a) consultation with the party leaders;

b) consultation between government departments and the legal profession;

c) consultation with trade union leaders.

 

5. In the United Kingdom, as in Western Europe generally, there has been a substantial increase in crime...

a) the United Kingdom is an exception; there has not been any crime growth since the early 1950s;

b) nothing definite can be said on this matter as official statistics cover only crime recorded by the police;

c) nevertheless, it is clear that in England and Wales there has been a substantial increase in crime since the early 1950s, especially violence against the person, burglary, robbery, theft, etc.

 

6. The number of notifiable offences recorded by the police in England and Wales in 1987 was 3.9 million.

a) no, it is wrong. In 1987 there were 2.5 million offences;

b) the number of offences recorded by the police was 6 million;

c) yes, it is true and only 33 per cent were cleared up.

 

7. Clear-up rates for certain very serious offences in England and Wales were much higher in 1987.

a) yes, it is true. Clear-up rates for homicide were about 60 per cent;

b) yes, it is true. Clear-up rates for certain very serious offences were about 70 per cent;

c) clear-up rates for very serious offences were over 90 per cent for homicide and 75 per cent for violence against the person.

Тема 11.2. Уголовная ответственность.

Грамматический материал. Сложное дополнение.

 

I. Scan through the text.

 

CRIMINAL RESPONSIBILITY

Criminal responsibility is not limited only to those who perform the criminal acts themselves. As a general principle, anyone who "aids and abets" the perpetrator by encouraging or in any way knowingly helping him (for instance, by providing information, implements, or practical help) is an accomplice and is considered equally guilty. Those who actually perform the criminal act (e.g., wielding the weapon that strikes the fatal blow) are called principals in the first degree; those who assist at the time of the commission of the offense (e.g., holding the victim down while the principal in the first degree strikes the blow) are principals in the second degree; and those who assist before the crime takes place (e.g., by lending the weapon or by providing information) are accessories before the fact. As a general rule, all are equally responsible in the eyes of the law and liable to the same punishment. In many cases the accessory before the fact will be considered more culpable – if, for instance, he has instigated the offense and arranged for it to be committed. In some cases the person who actually performs the act that causes the crime is completely innocent of evil intent – for instance, the nurse who administers to a patient, on the doctor's instructions, what she believes to be medicine but what is in fact poison. In this situation the person who carries out the act is an innocent agent and is not criminally responsible; the person who causes the innocent agent to act is the principal in the first degree. The accessory after the fact is one who helps a felon to evade arrest or conviction, by, for example, hiding him or destroying evidence.

 

II. Translate the following words and phrases from Russian into English.

 

Виновный; злое намерение; снабдить; заставлять; невиновный агент; соучастник после события преступления; подстрекать; нарушитель; поощрять; намеренно; инструменты; сообщник; иметь в руках; исполнитель преступления; удерживать; соучастник до события преступления; подлежащий; укрыватель преступника; недоносительство; уголовный преступник; избегнуть; установить личность преступника; словесный портрет преступника; невиновный по закону; осуждение.

 

III. Answer the following questions.

 

1) Criminal responsibility is not limited only to those who perform the criminal acts themselves, is it? 2) Who is considered equally guilty? 3) Who are called principals in the first degree? 4) Who are principals in the second degree? 5) Who are accessories before the fact? 6) Who are equally responsible in the eyes of the law and liable to the same punishment? 7) When will the accessory before the fact be considered more culpable? 8) In what cases is the person who actually performs the act that causes the crime completely innocent? 9) Who causes the innocent agent to act? 10) Who is the accessory after the fact?

 

IV. Agree or disagree with the following statements.

 

1) Criminal responsibility is limited only to those who perform the criminal acts themselves. 2) The sketch of the perpetrator aids the police to prove the identity of the perpetrator. 3) Anyone who helps the perpetrator by providing implements is not a law-breaker. 4) Anyone who abets the criminal by providing practical help is not an evil-doer. 5) Anyone who encourages the perpetrator is considered unequally guilty. 6) Those who actually perform the criminal act are called principals in the second degree.

 

V. Complete the following statements.

 

1) Criminal responsibility is not limited to... 2) Anyone who aids the perpetrator is... 3) Those who actually perform the criminal act are called... 4) Those who assist at the time of the commission of the offense are... 5) Those who assist before the crime takes place are... 6) Principals and accessories are equally responsible in... and liable to... 7) The accessory before the fact will be considered more culpable if he... 8) The person who actually performs the act that causes the crime might be... 9) The person who carries out the act is... 10) The person who causes the innocent agent to act is... 11) The accessory after the fact is...

 

Сложное дополнение