Part 7 Criminal law

Criminal law is only one of the devices by which organized societies protect the security of individual interests and assure the survival of the group. Criminal law is the body of law that defines criminal offenses, regulates the apprehension, charging, and trial of suspected persons, and fixes penalties and modes of treatment applicable to convicted offenders. There are, in addition, the standards of conduct instilled by family, school, and religion; the rules of the office and factory; the regulations of civil life enforced by ordinary police powers; and the sanctions available through tort actions.

The distinction between criminal law and tort law is difficult to draw with real precision, but in general one may say that a tort is a private injury while a crime is conceived as an offense against the public, although the actual victim may be an individual. The traditional approach to criminal law has been that crime is an act that is morally wrong. The purpose of criminal sanctions was to make the offender give retribution for harm done and expiate his moral guilt; punishment was to be meted out in proportion to the guilt of the accused and pragmatic views have predominated.

Exc.1 Explain the meaning of the following expressions:

• juvenile delinquency;

• to contradict one`s parents;

• adult offender;

• capital crime;

• under the age of puberty;

• to modify an approach to something;

• staggering upsurge;

Exc.2 Make sure you know the difference between the verbs: steal and rob.

The ob­ject of the 'steal' is the thing which is taken away, e.g. they stole my bike, whereas the object of the verb 'rob' is the person or place from which things are stolen, e.g. I was robbed last night, masked man robbed the bank. 'Steal' is irregular: steal, stole, stolen.

Here are some more useful verbs connected with crime and law. Note that many of them have particular prepositions associated with them:

to commit a crime or an offence: to do something illegal

to accuse someone of a crime: to say someone is guilty

to charge someone with (murder): to bring someone to court

to plead guilty or not guilty: to swear in court that one is guilty or otherwise

to defend/prosecute someone in court: to argue for or against someone in a trial

to pass verdict on an accused person: to decide whether they are guilty or not

to sentence someone to a punishment: what the judge does after a verdict of guilty

to acquit an accused person of a charge: to decide in court that someone is not guilty (the opposite of to convict someone)

to fine someone a sum of money: to punish someone by making them pay

to send someone to prison: to punish someone by putting them in prison

to release someone from prison/jail: to set someone free after a prison sentence

to be tried: to have a case judged in court.

Exc.3 Read the following text and write down Russian equivalents for sentences given in bold type.

Prison Inmates

Unconvicted Prisoners

Some of the prison population consists of unconvicted prisoners held in custody and awaiting trial. These prisoners are presumed to be innocent and are treated accordingly. They are allowed all reasonable facilities to seek release on bail, prepare for trial, maintain, contact with relatives and friends, and pursue legitimate business and social interests. They also have the right to wear their own clothes and can write and receive unlimited number of letters.

Young Offenders

In Britain, young offenders are held in reformatories, which are designed for the treatment, training and social rehabilitation of youth. School-age delinquents are kept in residential training schools, and young offenders between the ages of 16 and 25 who have been convicted of a criminal act serve in special facilities. The most famous of these is the Borstal Institution.

Women prisoners

Women are usually held in smaller prisons with special programmes and recreational opportunities offered to reflect stereotyped female roles, with emphasis on housekeeping, sewing and typing skills. Women prisoners do not wear prison uniform and there is a clothing allowance to help pay for clothes while in prison. Some prisons provide mother and baby units, which enable babies to remain with their mothers where that is found to be in the best interests of the child. In addition to the usual visiting arrangement, several prisons allow extended visits to enable women to spend the whole day with their children in an informal atmosphere.

Habitual offenders

Criminals who have frequently been apprehended and convicted, who have manifested a settled practice in crime, and who are presumed to be a danger to the society in which they live are referred to as habitual offenders. Studies of the yearly intake of prisons, reformatories, and jails in the United States and Europe show that from one-half to two-thirds of those imprisoned have served previous sentences in the same or in other institutions. The conclusion is that the criminal population is made up largely of those for whom criminal behaviour has become habitual; moreover, penal institutions appear to do little to change their basic behaviour patterns.

Though the percentage of recidivists runs high for all offenders, it is greatest among those convicted of such minor charges as vagrancy, drunkenness, prostitution, and disturbing the peace. These are more likely than serious criminal charges to result from an entire way of life. Accordingly, their root causes are rarely susceptible to cure by jailing.

Life-sentence prisoners

Since capital punishment has been abolished in Britain, the severest penalty for the most atrocious crimes, such as murder, is life imprisonment. Those serving life sentences for the murder of police and prison officers, terrorist murders, murder by firearms in the cause of robbery and the sexual or sadistic murder of children are normally detained for at least twenty years. Life sentences for offences other than murder can be reduced up to nine years.

On release, all life-sentence prisoners remain on licence for the rest of their lives and are subject to recall should their behaviour suggest that they might again be a danger to the public.

Exc.4 Find in the text above the English equivalents for the following words and expressions.

• исправительное заведение для малолетних правонарушителей;

• исправление и перевоспитание заключенных;

• рецидивист;

• бродяжничество;

• нарушение общественного порядка;

• сотрудник исправительного учреждения;

• отбывать наказание (в тюрьме).

Exc.5 Answer the following questions.

1. What is the status of “unconvicted prisoners”? What are their privileges?

2. What are the purposes of reformatories?

3. What is the most famous facility for young offenders?

4. What special programmes are established for women prisoners?

5. What additional rights do women prisoners have?

6. What are habitual offenders?

7. What are the most typical crimes committed by recidivists?

8. What is the severest penalty for the most atrocious crimes?

9. What kinds of “lifers” are sentenced to the longest term of imprisonment?

10. How is life sentence typically reduced in Britain?

11.How are “lifers” supervised when released?

Text 2

Police bulletin

Crime: Armed Robbery

Location: South & South Park Streets

Date: November 13, 1999

The police are searching for a person or persons responsible for an armed robbery on the southwest corner of the South St. and South Park St. intersection.

This crime occurred at 9:30 a.m. on November 13, 1999.

At about 9:30 a.m. the victim, a young visitor to the city, was walking south along South Park St. At the southwest corner of South Park St. and South St., the suspect jumped in front of the victim, pulled a knife from his jacket and said, “Give me your purse or you`re stuck!” The victim handed it over and the suspect fled the scene of the crime.

The suspect is described as a white male, 20 – 25 years old, medium build, 5`2``, moustache, blue eyes, short brown hair, pointed nose. He was wearing a red baseball cap with a Montreal Canadians logo, a dark blue jacket, black jeans and white sneakers.

Police warn that this man could be armed and therefore dangerous. If you can identify the man in the photofit picture, or have any information on this or any crime, contact the local Police Department or Crime Stoppers at 1-800-555-8477, and you may be eligible for a cash reward.

Exc.1 Find the English equivalents for the following words and expressions in the text above:

подозреваемый; жертва; вооруженное ограбление; фоторобот; денежное вознаграждение; опознать преступника; скрыться с места преступления; вооружен и следовательно опасен, сообщить в местный полицейский участок.

Exc.2 Find the description of the criminal and compose an opposite one using the expressions below:

e.g. “The suspect is described as black, very tall …”

FACE – long, round, oval, thin, plump, fleshy, puffy, wrinkled, pasty, pimpled, pock-marked, clean-shaven

FEATURES – clean-cut, delicate, forceful, regular / irregular, large, small, stern

COMPLEXION – fair, pale, dark, sallow

HAIR – curly, wavy, straight, receding (scanty), rumpled, shoulder-length, medium-length, short-cut, crew-cut, bobbed, dyed, bald, fair / dark-haired

FORHEAD – high, low, narrow, square, broad

EYES – hollowed, bulging, close-set, deep-set, sunken, wide-apart, cross-eyed

EYEBROWS – thin, thick, bushy, arched, penciled, shaggy

EARS – small, big, jug-eared

NOSE – prominent, straight, pointed, hooked, flat, aquiline, snub-nosed

LIPS – full, thin, painted, cleft lip

TEETH – even / uneven, sparse, artificial

CHEEKS – plump, hollow, ruddy, stubby

CHIN – square, pointed, double, massive, protruding

BEARD – full, bushy, spade beard, grey-bearded, heavy-bearded

MOUSTACHE – thin, thick, tooth brush, walrus

HEIGHT – tall, short, of medium height

BUILT – average, medium built, well-built, plump, skinny

DISTINGUISHING FEATURES – birth marks, freckles, scars, wooden leg, humpback, pot-belly.

Exc.3 Translate the following police bulletin into English and make the corresponding photofit:

Их разыскивает милиция

Разыскиваются преступники, совершившие убийство 21 сентября в доме номер 99 по проспекту Мира.

Первый: на вид 30 лет, рост 170-175 см, худощавого телосложения, волосы черные прямые, лицо круглое, нос прямой, глаза слегка навыкате. Был одет: темная короткая кожаная куртка, светлые брюки, коричневые ботинки. Носит темные очки в металлической оправе.

Второй: на вид 40 лет, рост 175 – 180 см, плотного телосложения, волосы светлые, вьющиеся до плеч, лицо овальное, нос курносый, брови густые. Был одет: темная удлиненная кожаная куртка, темные брюки.

Любую имеющуюся информацию просьба сообщить по телефону 222-32-22, или 02.

Exc.4 Read and memorize the active vocabulary:

1. arson	поджог
2. assassination	убийство (заказное), тер. акт
3. assault	нападение, оскорбление
4. bigamy	двоеженство, двоемужие
5. burglary	кража со взломом
6. desertion	дезертирство
7. drug smuggling	контрабанда наркотиков
8. espionage	шпионаж
9. forgery	подделывание (документов)
10. fraud	мошенничество
11. hijacking	воздушное пиратство
12. homicide	убийство
13. hooliganism	хулиганство
14. kidnapping	похищение
15. murder	убийство
16. mugging	хулиганство, груп. нападение
17. offence	преступление, проступок
18. pickpocketing	карманная кража
19. rape	изнасилование
20. robbery	ограбление
21. shop-lifting	мелкая кража в магазине
22. stowage	безбилетный проезд («зайцем»)
23. terrorism	терроризм
24. theft	кража
25. treason	государственная измена
26. vandalism	вандализм, варварство

Exc.5 Read and memorize the active vocabulary:

Crime	Criminal	Criminal Act
1. arson	an arsonist	to set fire
2. assassination	an assassin	to assassinate
3. assault	an assaulter	to assault
4. bigamy	a bigamist	to marry twice (illegally)
5. burglary	a burglar	to burglarize
6. desertion	a deserter	to desert
7. drug smuggling	a drug smuggler	to smuggle drugs
8. espionage	a spy	to spy
9. forgery	a forger	to forge
10. fraud	a fraud	to swindle
11. hijacking	a hijacker	to capture
12. homicide	a homicide	to kill
13. hooliganism	a hooligan	to disturb, to damage
14. kidnapping	a kidnapper	to kidnap
15. murder	a murderer	to murder
16. mugging	a mugger	to mug
17. offence	an offender	to offend
18. pickpocketing	a pickpocket	to steal from people’s pockets
19. rape	a violator	to rape
20. robbery	a robber	to rob
21. shop-lifting	a shop-lifter	to steal from shops
22. stowage	a stowaway	to stow
23. terrorism	a terrorist	to terrorize, to murder
24. theft	a thief	to steal
25. treason	a traitor	to betray
26. vandalism	a vandal	to vandalize

Text 3

HAVE YOU SEEN THIS MAN?

Police issued an Identikit photograph (фоторобот) of a man they wish to interview in connection with the theft (кража) of the diamond (бриллиант) from a valuable collection which was shown at the Grand Hotel in Manchester, last Saturday evening.

This diamond was the center of attention at the exhibitition. One of the officials (официальные лица) said: "We can't believe that the diamond has been stolen. We have a very sophisticated (сложный) security system. Since the diamond is so well known it will be difficult for the thief to sell it."

It happened when the London dealer Mr Gruyt was giving a speech and everybody was listening. Then the guests heard a gun shot and saw a tall, greyhaired man run from the room.

Guests described him as a tall man, about 50 years old, with blue eyes, a small beard and moustache. The name he gave at the reception (прием) was Captain Rogers. The police thinks that it was not his real name. They also think that his appearance may be a disguize (камуфляж). One woman who spoke to him said: "He was a charming man, intelligent and very well informed about diamonds. I thought he was an expert. He was a bit shy and nervous because he was pursing (покусывать) his lips and he smoke a lot."

The police also know that the man spoke in an educated language and showed an interest in chess. The police also have given the warning (пре­дупреждение): "We would advise anyone who thinks he or she can identify this man not to come up to him but to contact the police. He is dangerous."

PART 7

Text 1