Topic 2. What is a crime?

Vocabulary

omission	[ǝ'm∫ǝn]	упущение, оплошность
deviant	['di:vet]	отклоняющийся
fatal	[fetl]	смертельный
overtly	[ouvǝtl]	открыто, публично, откровенно
premeditated	[pr'medtetd]	обдуманный заранее, преднамеренный
manslaughter	['mæn͵slɔ:tǝ]	непредумышленное убийство
infanticide	[n'fæntsad]	детоубийство
assault	[ǝ'sɔ:lt]	нападение
battery	['bætǝr]	побои
grievous bodily harm	[gri:vǝs bɔdl ha:m]	тяжкие телесные повреждения
the former	[ðǝ'fɔ:mǝ]	первый
the latter	[ðǝ'lætǝ]	последний
counterfeiting	['kauntǝftŋ]	подделка, обман
inchoate	['ŋkout]	только что начатый
aiding	[edŋ]	помощь, пособничество
abetting	[ǝ'betŋ]	подстрекательство, поощрение, содействие
incitement	[n'satmǝnt]	подстрекательство, побуждение
conspiracy	[kǝn'sprǝs]	заговор, тайная организация
to obstruct	[ǝb'strΛkt]	препятствовать, затруднять, мешать
perjury	['pǝ:dзǝr]	лжесвидетельство, клятвопреступление
contempt	[kǝn'tempt]	оскорбление, неуважение
concealing	[kǝn'si:lŋ]	укрывательство
misdemeanour	[msd'mi:nǝ]	судебно наказуемое преступление
indictable	[n'datǝbl]	подсудный, подлежащий рассмотрению в суде
summary offence	['sΛmǝr ǝ'fens]	рассматриваемый судом в упрощенном, суммарном порядке, без участия присяжных заседателей

A crime is an offence against the whole of society; it is a wrongful act or omission, serious enough for the wrongdoer to be punished by the rest of the community. Criminal behaviour is seen as sufficiently serious or deviant or immoral for the majority of society to ban it. Of course, what may be outlawed one year may not have been the year before. Public opinion is not set for all time and legislation reflects changing habits and norms. Moreover, new forms of potentially criminal activity arise, and the courts respond to those too. Thus, definitions of what is to be regarded as criminal can change quite radically over years.

Criminal law in the widest sense covers a multitude of activities and sins from murder, rape, arson, theft and damage of property to the less overtly criminal matters of careless motoring, selling unfit food or serving alcohol to a teenager. The principal areas of Criminal law are offences against persons and offences against property. Offences against persons can be fatal and nonfatal. The former deal with homicide (killing of a human being by a human being) which falls into three categories: murder (premeditated unlawful killing of another), manslaughter, infanticide. The latter covers such crimes as assault and battery, wounding and grievous bodily harm, sexual offences (rape and others), kidnapping.

Offences against property include theft, robbery, burglary, blackmail, arson, forgery and counterfeiting.

They distinguish a group of the so-called inchoate offences: aiding and abetting, incitement, conspiracy, attempt.

There are offences which affect the secrets of the state or international in character: piracy and hijacking, treason, terrorism.

There are a number of offences concerned with obstructing justice: perjury, assisting offenders, concealing, refusal to assist a police officer, contempt of court.

There also road traffic offences. As for the classification of crime the Criminal Law Act 1967 introduced the concept of "arrestable" and "non-arrestable" offences, thus abolishing the old distinction between felonies (serious crimes) and misdemeanours (minor offences). An arrestable offence is one for which no specific arrest warrant is required; a police officer can arrest without a magistrate's warrant for a suspected crime carrying a maximum of five years' imprisonment or more or where the penalty is fixed by law as it is the case of murder, treason and piracy with violence. Otherwise, however, when an offence is a non-arrestable offence warrants are issued when the defendant has failed to answer a summons and the magistrates think it essential that he should be present at a hearing, summons is directed to a constable and orders him to arrest the person named in it and bring him before a court. It must contain particulars of the alleged offence.

Another way of classification is by the manner of trial. Criminal offences may be broadly divided into two main classes: indictable offences and offences punishable on summary conviction before magistrates (summary offences). Indictable offences are tried by a jury and are generally regarded as serious ones. Summary cases are less serious or minor.

Ex. 1. Define which parts of speech the following international words are. Read the words:

Community, immoral, public, potentially, activity, radically, alcohol, teenager, fatal, category, sexual, conspiracy, terrorism, police, officer, specific, arrest.

Ex. 2. Match the word on the left with the appropriate definition on the right:

1) an arsonist	a) attacks and robs people, often in the street
2) a shop-lifter	b) sets fire to property illegally
3) a mugger	c) is anyone who breaks the law
4) an offender	d) breaks into houses or other buildings to steal
5) a vandal	e) steals from shops while acting as an ordinary customer
6) a burglar	f) kills someone
7) a murderer	g) deliberately causes damage to property
8) a kidnapper	h) steals things from people's pockets in crowded places
9) a pickpocket	i) gets secret information from another country
10) an accomplice	j) buys and sells drugs illegally
11) a drug dealer	k) takes away people by force and demands money for their return
12) a spy	l) helps a criminal in a criminal act
13) a terrorist	m) uses violence for political reasons
14) an assassin	n) causes damage or disturbance in public places
15) a hooligan	o) hides on a ship or plane to get a free journey
16) a stowaway	p) takes control of a plane by force and makes the pilot change the course
17) a thief	q) murders for political reasons or a reward
18) a hijacker	r) is someone who steals
19) a forger	s) makes counterfeit (false) money or signatures
20) a robber	t) is a member of a criminal group
21) a smuggler	u) steals money, etc. by force from people or places
22) a traitor	v) marries illegally, being married already
23) a gangster	w) is a soldier who runs away from the army
24) a deserter	x) brings goods into a country illegally without paying taxes
25) a bigamist	y) illegally carries drugs into another country
26) a drug smuggler	z) betrays his or her country to another state

Ex. 3. Continue the following table with the words from Ex. 2 as it shown. Consult the dictionary when necessary:

CRIME	CRIMINAL	VERB
a) burglary	burglar	to burglarize
b) treason	traitor	to betray
c)	kidnapper
d) murder
e)		to steal
f)	robber
g) offence
h)		to mug
i)	drug dealer
j) assassination
k)		to vandalize
l)		to steal, to shoplift
m) pickpocketting
n)	hijacker

Ex. 4. Match the words and expressions with their Russian equivalents:

battery	тяжкие телесные повреждения
sufficiently serious	препятствование правосудию
deviant	побои, оскорбления
selling unfit food	отклоняющийся
premeditated unlawful killing	только что начатые преступления
grievous bodily harm	преднамеренное убийство
inchoate offences	достаточно серьёзный
obstructing justice	выписать ордер
contempt of court	продажа некачественных продуктов
an arrestable offence	оскорбление суда
to issue a warrant	правонарушение, за которое арестуют
to answer a summons	явиться по повестке

Ex. 5. Complete the sentences from part A by adding the phrases given in part B:

A	B
1. A crime is an offence …	… by the Criminal Law Act of 1967 introducing the concept of arrestable and non-arrestable offence.
2. The principle areas of Criminal Law are …	indictable offences and summary offences.
3. Offences against property are …	without a magistrate's warrant.
4. Fatal offences fall …	theft, arson, forgery, counterfeiting.
5. A police officer can arrest a suspect …	into three categories: murder, manslaughter, infanticide.
6. Two main classes of criminal offences may be …	against the whole society
7. The old distinction between felonies and misdemeanours were abolished …	offences against person and offences against property.

Ex. 6. Fill in the blanks with the necessary words from the list:

a) Criminal law, b) a crime, c) an offence against, d) punished, e) a defendant, f) specific warrant, g) a hearing, h) state

1. A crime is … the whole society.

2. A crime is a wrongful act, serious enough for the wrongdoer to be … by the community.

3. Definitions of … can change radically over years.

4. … deals with offences against person and offences against property.

5. Treason and terrorism are offences against …

6. No … warrant is required for an arrestable offence.

7. Sometimes … doesn't answer a summons and is not present at...

Ex. 7. Mark the statements which are true:

1. Criminal law covers a multitude of activities and sins.

2. The courts must respond to all forms of criminal activity.

3. Habits and norms change with the course of time.

4. Battery is a crime against property.

5. The criminal behaviour is not seen as serious or deviant for the majority of society to ban it.

6. Assisting offenders is not a crime.

7. The Criminal Law Act 1967 gave a new classification of crime.

8. The police officer can arrest without a specific warrant for any suspected crime.

9. Murder, treason and piracy with violence are non-arrestable offences.

10. The defendant has failed to answer a summons and the magistrates decided to bring him before a court.

Ex. 8. Organize the plan in the logical order:

1. Types of crimes.

2. Definition of a crime.

3. The new concept of arrestable and non-arrestable offences.

4. The principal areas of criminal law.

Ex. 9. Answer the questions:

1. What is a crime?

2. Does public opinion on crime change with the course of time?

3. Why do definitions of crime change?

4. What are the principal areas of criminal law?

5. What is the difference between fatal and non-fatal offences?

6. The Criminal Law Act 1967 introduced a new concept of offences, didn't it?

7. Why is a warrant issued in case of a non-arrestable offence?

Ex. 10. Make a short summary of the text.