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What is Crime?

Vocabulary

assault n 1 нападение;

2 угроза физическим насилием

beyond reasonable doubt - при отсутствии малейшего основания для

сомнения

burden of proving - бремя доказывания

cause n - основание

collide v - сталкиваться

commission n - совершение (действия)

commit a crime v - совершить преступление

conduct n - поведение

convict of a crime v - осудить за совершение преступления

crime n - 1 преступление;

2 преступность;

criminal - 1 n преступление;

2 adj преступный; уголовный;

criminal act n - преступное действие; преступление;

criminal intent n - умысел; criminal charge n обвинение в

совершении преступления; уголовное обвинениe

eliminate v исключать

evidence of innocence n доказательство невиновности

exclude v исключить

fault n 1 вина; небрежность; 2 проступок

guilt n вина; виновность; guilty of a crime виновный в совершении


преступления

i.e. abbr. of id est т.е., (то есть)

irrelevant adj не относящийся к делу

marijuana n марихуана

mens rea лат. виновная воля; преднамеренность; умысел

negligence n небрежность

offence n 1 правонарушение; 2 преступление

omission n бездействие; несовершение действия

per se лат. сам по себе; по существу

prejudicial adj 1 предвзятый; 2 наносящий ущерб / вред

presume v полагать; считать доказанным

prosecution n обвинение (как сторона в уголовном процессе)

prove v доказывать

punish v наказывать; punishment n наказание

recklessness n опрометчивость; грубая неосторожность

rules of evidence норма доказательственного права

search n обыск

standard n здесь уровень, норма, критерий

statute n статут; законодательный акт

steal v красть; украсть; stealing n кража, воровство

suspect v подозревать; the suspect n подозреваемый;

suspected of crime подозреваемый в совершении преступления

unreliable adj ненадежный

wrong n правонарушение
What is Crime?

Crime is an act which the state considers to be wrong and which can

be punished by the state. There are some acts which are crimes in one

country but not in another. For example, it is a crime to drink alcohol in

Saudi Arabia, but not in Egypt. It is a crime to smoke marijuana in

England, but not (in prescribed places) in the Netherlands. It is a crime to

have more than one wife at the same time in France, but not in Indonesia.

In general, however, there is quite a lot of agreement among states as to

which acts are criminal. A visitor to a foreign country can be sure that

stealing, physically attacking someone or damaging their property will be

unlawful. But the way of dealing with people suspected of crime may be

different from his own country.

In many legal systems it is an important principle that a person

cannot be considered guilty of a crime until the state proves he committed

it. The suspect himself need not prove anything, although he will, of

course, help himself if he can show evidence of his innocence. The state

must prove his guilt according to high standards and there are elements

that must be proved. In codified systems, these elements are usually

recorded in statutes. In common law systems, the elements of some crimes

are detailed in statutes; others, known as "common law crimes", are still

described mostly in case law.

In most cases, a crime must include both a criminal act (actus reus)

and a criminal intent (mens rea).


Arrests and searches must be based on probable cause, not mere

suspicion. Criminal charges may have to meet an even higher standard. At

trial, guilt must be proved beyond reasonable doubt.

Rules of evidence, designed to exclude irrelevant, unreliable, or

unfairly prejudicial matters, control the version of the facts presented at

trial.

Before a person can be convicted of a crime it is necessary for the

prosecution to prove both elements, i.e.:

(a) that a certain event or state of affairs which is forbidden by the

criminal law has been caused by Defendant’s conduct; and

(b) that Defendant's conduct was accompanied by the necessary

criminal intent to establish the offence.

Answer these questions.


1 What is a crime?

2 Is it possible to consider an act of crime in one country as an act of

crime in another?

3 Need a person suspected of a crime prove that they are not guilty?

4 What are the two elements of a crime?

5 What is the difference between mens rea and actus reus?

6 What must be proved by prosecution?

7 What must arrests and searches be based on?

8 What do the rules of evidence control?

9 What systems recorded elements of a crime in statutes?

10 What crimes are still described mostly in case law?


Find the words in the text to complete the gaps

1. There are some acts which are … in one country but not in another.

2. In general, however, there is quite a lot of agreement among states as

to which … are criminal.

3. The way of dealing with people …. of crime may be different in

different country.

4. A person cannot be considered … of a crime until the state proves he

committed it.

5. The suspect ,although, can show … of his innocence.

6. The state must prove his guilt according to high standards and there

are … that must be proved.

7. In most cases, a crime must include both a criminal act (actus reus)

and a criminal … (mens rea).

8. Arrests and … must be based on probable cause, not mere

suspicion.

9. Rules of …. control the version of the facts presented at trial.

10. Before a person can be convicted of a crime it is necessary for the …

to prove both elements.


Check the answers

1. There are some acts which are crimes in one country but not in

another.

2. In general, however, there is quite a lot of agreement among states as

to which acts are criminal.

3. The way of dealing with people suspected of crime may be different

in different country.

4. A person cannot be considered guilty of a crime until the state

proves he committed it.

5. The suspect ,although, can show evidence of his innocence.

6. The state must prove his guilt according to high standards and there

are elements that must be proved.

7. In most cases, a crime must include both a criminal act (actus reus)

and a criminal intent (mens rea).

8. Arrests and searches must be based on probable cause, not mere

suspicion.

9. Rules of evidence control the version of the facts presented at trial.

10. Before a person can be convicted of a crime it is necessary for the

prosecution to prove both elements.


Complete the sentences with the words from the box.

a statute the suspect a murderer the innocent


a code a robber a thief

1 Someone who steals a lot is ………

2 Someone who killed a person is ………

3 Someone who is suspected of a crime is ………

4 Someone who is found not guilty is ………

5 A document which regulates legal behaviour is ………

6 A document which details elements of a crime is ………

Check the answers

1 Someone who steals a lot is a thief

2 Someone who killed a person is a murderer

3 Someone who is suspected of a crime is the suspect

4 Someone who is found not guilty is the innocent

5 A document which regulates legal behaviour is a statute

6 A document which details elements of a crime is a code

Complete the sentences according to the content of the text.

1 A person may be guilty of murder if he killed someone...

a intentionally
b having intended to injure him slightly

c without caring about the danger of his action

2 The court must prove a person's guilt according to...

a common sense

b proof of crime elements recorded in statutes or codes

c the suspect's proof of his innocence

3 At common law, actus reus and mens rea are…

a restrictions of evidence

b the two necessary elements of a crime

c statutory offences

4 If the prosecution fails to prove either actus reus or mens rea, the court

must decide…

a there was no crime

b there was an error

c the person was guilty

Check the answers

1 A person may be guilty of murder if he killed someone intentionally

2 The court must prove a person's guilt according to proof of crime

elements recorded in statutes or codes

3 At common law, actus reus and mens rea are the two necessary

elements of a crime
4 If the prosecution fails to prove either actus reus or mens rea, the court

must decide if the person was guilty

Match the English words and expressions with their Russian

equivalents.

1 damages a собственность
2 evidence b уголовное право
3 legal c соглашение
4 robbery d доказывать
5 to deal with e прецедентное право
6 common law f иметь дело с
7 relations g общее право
8 case law h доказательства
9 agreement i отношения
1 to prove j ущерб

0
1 property k законный

1
1 criminal law l ограбление

2
Classification of Crimes

Vocabulary

arson n поджог (злонамеренный)

assassination n вероломное / предательское убийство

assault n словесное оскорбление и угроза физическим насилием

assisting n содействие

bigamy n бигамия; двоебрачие; (of man) двоеженство; (of woman)

двоемужие

blackmail n шантаж

breach of peace n нарушение общественного порядка

bribery n взяточничество

burglary n грабёж, кража со взломом

conspiracy n сговор, заговор

contempt of court n оскорбление суда

crime rate n рост преступности

criminal code n уголовный кодекс

death penalty n смертная казнь

disorderly conduct n мелкое хулиганство

embezzlement n растрата; присвоение имущества

espionage n шпионаж

extortion n вымогательство

felony n уголовное преступление; фелония (категория тяжких

преступлений, по степени опасности находящаяся между изменой и

мисдиминором)
fine n штраф

forgery n 1 подлог документа; подделка; 2 поддельная подпись

fraud n обман, мошенничество;

defraud v обмануть

gambling n азартные игры

imprisonment n 1 тюремное заключение; 2 лишение свободы

indecency n непристойное поведение

infraction n нарушение (права, обязанности) syn. violation

insurance n страховой полис

larceny n похищение имущества

libel n клевета (письменная); дезинформация

license n лицензия; разрешение; driving license водительские права

local jail n местная тюрьма (следственная и/или кратковременного

заключения)

mail fraud n обман с почтовыми переводами/ мошенничество с

почтовыми документами

manslaughter n простое убийство

misdemeanor n мисдиминор; проступок (категория наименее

опасных преступлений, граничащих с административными

правонарушениями)

misuse of drugs n злоупотребление наркотиками

motor vehicle theft n угон средств передвижения

murder n тяжкое убийство (с заранее обдуманным злым умыслом)

negligence n небрежность; халатность

obscenity n непристойность; непристойное поведение

obstruction of the police n препятствование полиции


offence n англ. правонарушение (амер. offense);

offender n правонарушитель, преступник

Official Secrets Act n Закон о нарушении государственной

(служебной) тайны

ordinance n постановление муниципального органа (в США)

perpetrate v совершать;

perpetrate a crime совершать преступление

perjury n лжесвидетельство

piracy n пиратство

recompense n 1 возмещение; компенсация; 2 возмездие; наказание

sedition n призыв к мятежу, подстрекательство к мятежу

slander n устное оскорбление; устная клевета

smuggling n контрабанда; провоз контрабандным путём

tax evasion n уклонение от уплаты налогов

theft n кража, воровство

treason n измена

trespass n нарушение владения; проступок; правонарушение

trust n доверие

violation n нарушение

Classification of Crimes

Crime is a public wrong, committed with intent or (in a few cases) by

negligence, for which the law provides punishment or recompense to society.


Generally, in order to be convicted of a crime, the accused must be

shown to have committed an unlawful act (actus reus) with a criminal state of

mind (mens rea).

The three classes of common law crimes are treason, felonies, and

misdemeanors.

Treason against the United States, the only crime defined in the U.S.

Constitution, is a comparatively rare charge.

The distinction between a felony and a misdemeanor is usually found

within each state's criminal code. Felonies are more serious crimes, punishable

by imprisonment. Murder (which can carry the death penalty in most states),

arson, rape, armed robbery, and tax evasion are felonies. Misdemeanors are

generally punishable only by fines or, at most, a brief stay in the local jail.

Simple assault, disorderly conduct, and trespass are usually classified as

misdemeanors. Certain minor offences, such as violations of city ordinances or

traffic regulations, may not even be considered misdemeanors in some

jurisdictions (i.e., they are too petty to be labeled as crimes, and are often

called "infractions" or "violations").

Three other ways of categorizing crimes are these:

1 White-collar: nonviolent crimes, perpetrated by people in positions of trust,

usually against businesses or governments.

Examples: embezzlement, mail fraud, bribery

2 Organized: crime by groups in the "business" of crime, such as the Mafia.

3 Victimless: crimes that are sometimes considered to have no specific victims

(just society as a whole).

Examples: prostitution, gambling, tax evasion.


Crimes can also be classified according to whom or what they are

committed against: a person, the general public, the home, other property.

The main types of crimes are:

1 crimes against the person: murder, manslaughter, assault, battery, kidnapping

2 crimes against property: theft, larceny, robbery, burglary, blackmail, motor

vehicle theft, forgery, extortion

3 sexual offence: rape, bigamy, indecency

4 political offences: treason, terrorism, sedition, breach of the Official Secrets Act

5 offences against justice: assisting an offender, conspiracy, perjury, contempt of

court, perverting the course of justice

6 public order offences: obstruction of the police, unlawful assembly, obsenity,

possessing weapons, misuse of drugs, breach of the peace

7 road traffic offences: careless or reckless driving, driving without a licence or

insurance.

Answer these questions.

1 What is a crime?

2 What are three classes of common law crimes?

3 What is the distinction between a felony and a misdemeanor?

4 How are felonies punished?

5 How are misdemeanors punished?

6 What are white-collar crimes?

7 What other classifications can you name?


8 Under what two general categories are crimes reported in the

U.S.?

9 What does the property crime include?

10 Do you think crime is ever justifiable?

Find the words in the text to complete the gaps

1. Crime is a public … , committed with intent or (in a few cases) by

negligence.

2. The accused must be shown to have … an unlawful act (actus reus)

with a criminal state of mind (mens rea).

3. Treason against the United States is the only … defined in the U.S.

Constitution.

4. Felonies are more serious crimes, punishable by … .

5. Misdemeanors are generally …. only by fines or, at most, a brief stay

in the local jail.

6. Certain minor … , such as violations of city ordinances or traffic

regulations, may not even be considered … in some jurisdictions.

7. Victimless crimes are sometimes considered to have no specific … .

8. White-collar or … crimes are perpetrated by people in positions of

trust, usually against businesses or governments.

9. Public order offences are … of the police, unlawful assembly,

obsenity, possessing weapons, misuse of drugs, breach of the peace.

10. Road … offences are careless or reckless driving, driving without a

…. or insurance.

Check the answers


1. Crime is a public wrong, committed with intent or (in a few cases) by

negligence.

2. The accused must be shown to have committed an unlawful act

(actus reus) with a criminal state of mind (mens rea).

3. Treason against the United States is the only crime defined in the

U.S. Constitution.

4. Felonies are more serious crimes, punishable by imprisonment.

5. Misdemeanors are generally punishable only by fines or, at most, a

brief stay in the local jail.

6. Certain minor offences, such as violations of city ordinances or traffic

regulations, may not even be considered misdemeanors in some

jurisdictions.

7. Victimless crimes are sometimes considered to have no specific

victims.

8. White-collar or nonviolent crimes are perpetrated by people in

positions of trust, usually against businesses or governments.

9. Public order offences are obstruction of the police, unlawful

assembly, obsenity, possessing weapons, misuse of drugs, breach of

the peace.

10. Road traffic offences are careless or reckless driving, driving

without a license or insurance.

Match the crimes to their definitions:

Assault, treason smuggling extortion kidnapping theft

manslaughter rape arson bigamy


1. Assault - acting in such a way as to make someone believe he or she

will be hurt.

2. __________betraying your country to a foreign power

3. __________getting money from people by using threats

4. ________ taking somebody away and demanding money for their

return

5. ________ going through a ceremony of marriage when you are still

married to someone else

6. _______setting fire to a building

7. ________ stealing, taking property which belongs to someone else

8. ________ having sex with a person against their will

9. ________ taking goods illegally into or out of a country

10.________ killing someone unintentionally or in mitigating

circumstances

Check the answers


1. Assault - acting in such a way as to make someone believe he or she

will be hurt.

2. Treason - betraying your country to a foreign power.

3. Extortion - getting money from people by using threats.

4. Kidnapping - taking somebody away and demanding money for

their return.

5. Bigamy - going through a ceremony of marriage when you are still

married to someone else

6. Arson - setting fire to a building

7. Theft - stealing, taking property which belongs to someone else

8. Rape - having sex with a person against their will

9. Smuggling - taking goods illegally into or out of a country

10.Manslaughter - killing someone unintentionally or in mitigating

circumstances.

Fill in the table with a correct word: a noun or a verb.

-----------means that there is no word for this

Crime Criminal Specific verb


assassination …. assassinate
… blackmailer blackmail
bribery ---------------------------- bribe
drug dealing drug dealer -------------------------------
hijacking hijacker …
kidnapping … kidnap
… murderer murder
rape … rape
…. smuggler smuggle
terrorism terrorist -------------------------------
… thief steal
vandalism …. vandalize

Read the statements by defendants and say what crime each one has
been accused of.

1
"I arrived home late and found that I'd forgotten my keys. I didn't want

to wake my wife up, and I saw there was a ladder in the garden of the

house next door. I got the ladder and climbed in. We've just moved

house and I didn't realise I was in the wrong street..."


2
"I was walking my dog when I saw the gun lying on the ground. I

picked it up - it was still warm -and at that moment I saw the body

lying in the long grass. I went across to look and it was my business

partner. That's when the police arrived..."


3
"I opened the bank account in a false name as a way to help my

employer pay less tax- It's perfectly legal. I kept meaning to tell him,

but somehow I just forgot. I bought the villa in France with my own

money. It was an inheritance..."


4
"OK, so there are 123 copies of the video. That's perfectly true, but I

had no intention of selling them. I'm a collector."


5
"Well this obviously isn't my suitcase. I've never seen these things

before in my life. The monogram? Well, they are my initials, but that

must be a coincidence. That's probably how the two cases got mixed

up. After all, JA aren't very unusual initials. A photograph with me in


it? My word, that's incredible! It must be someone who knows me..."
6
"I didn't know my wife was still alive, I thought she'd died in a car

accident. I couldn't believe it when I saw her walk into the room.

Surely you don't think I married you just to get your money...?"
7
"You misunderstand me. When I offered him the money I meant it as a

gift. I know that life can be difficult for a young man on a police salary,

especially if he has a family, young children etcetera. It isn't easy and I

know that. I just wanted to help. I didn't expect him to do anything in

return..."