Reader murder

In English tradition, murder was defined as the willful killing with malice aforethought of a human creature in being, the death occurring within a year or a day of the injury. Most of these elements remain in modern definitions of the crime ─ the requirement that the victim is "in being", for instance, distinguishes abortion from murder. Many of the problems of defining murder have centered on the mental element ─ the "malice aforethought." The old English rule extended this concept to include not only intentional or deliberate killings but also accidental killings in the course of some other serious crime (such as robbery or rape). This rule, the felony murder rule, was adopted in many other jurisdictions, although it has often produced harsh results when death has been caused accidentally in the course of what was intended to be a minor crime. The rule was abolished in England in 1957, but since then English law has been in a state of confusion over the precise definition of murder. It is now settled that an intention to kill is not necessary and that an intention to cause serious bodily injury is sufficient.

Similar problem has arisen in many U.S. jurisdictions, some of which distinguish between degrees of murder ─ first-degree murder may require proof of premeditation over and above the normal requirement of intention.

By the way, murder and manslaughter are not mentioned in the Koran and are subject in Islamic countries to customary law as amended by Shari'ah. (Manslaughter is the crime of killing someone illegally but not deliberately. Shari'ah is a system of religious laws followed by Muslims).

Virtually all systems treat murder as a crime of utmost gravity, providing in some cases the death penalty or a special form of sentence, such as a life sentence. A high proportion of murders in all societies are committed spontaneously by persons acquainted with the deceased, often a member of the same family, as a result of quarrels or provocation.

Task 1. Answer the following questions:

1. What was murder defined as in English tradition?

2. What distinguishes abortion from murder?

3. What have many of the problems of defining murder centered on?

4. What did the old English rule extend this concept to?

5. When did the felony murder rule produce harsh results?

6. What is now settled in English law?

7. What is mentioned in the Koran?

8. What do all systems treat murder as?

Task 2. Agree or disagree with the following statements.

1. In English tradition, murder was defined as the unwilled killing.

2. Nothing distinguishes abortion from murder.

3. The felony murder rule includes not only unintentional or indeliberate killings but also accidental killings in the course of some other petty crimes.

4. The felony murder rule produces good results when death has been caused accidentally in the cause of what was intended to be a serious crime.

5. The felony murder rule states that an intention to kill is necessary and that an intention to cause serious bodily injury is insufficient.

6. English tradition treats murder as a misdemeanor and provides a life sentence.

7. All murders are committed spontaneously and as a result of quarrels or provocation.

RAPE

The traditional legal definition of rape is the performance of sexual intercourse by a man other than her husband with a woman against her will, by force or fraud. Most jurisdictions do not treat as rape an act of sexual intercourse by a husband with his wife without her consent, unless the marriage has been terminated by a legally recognized separation.

Although many rapes involve the application or threat of violence, it is possible to commit rape by fraud ─ either by persuading the victim what is to take place is not sexual intercourse (by representing it as medical treatment, for instance) or by impersonating some other person.

In many rape trials the issue is whether the victim consented to the sexual intercourse, and this may lead to distressing cross-examination, in some cases about the woman's previous sexual behavior, whether with the accused or with other person. In many jurisdictions cross-examination of the complainant (plaintiff) on such matters is now restricted, and the embarrassment of the complainant is mitigated by provisions restricting publication of woman's identity. When guilt is established, rape in most systems of criminal law is treated as a grave crime. 95 percent of those convicted of rape in England are sentenced to imprisonment.

Many rapists escape conviction for a variety of reasons. The victim may be reluctant to report the incident, possibly because of fear of hostile treatment by investigating authorities or by defense lawyers in court; there are a lot of acquittals of those indicted for rape as a result of the difficulty of proving a crime of which there are rarely any witnesses other than the complainant and the accused.

The motivations of rapists is now acknowledged to be a more complex matter than was formerly believed; it is widely accepted that rape is not necessarily the result of sexual desire but is more likely to be motivated by aggression and the desire to humiliate the victim.

Task 1. Answer the following questions:

1. What is the traditional legal definition of rape?

2. What act don’t most jurisdictions treat as rape?

3. What do many rapes involve?

4. How is it possible to commit rape by fraud?

5. What is the issue in many rape trials?

6. What is now restricted in many jurisdictions?

7. What is rape treated as in most systems of criminal law?

8. What is the motivation of rapists?

Task 2. Agree or disagree with the following statements.

1. Rape is the performance of sexual intercourse by a man with a woman in accordance with her will.

2. Rape is the crime of forcing someone to have sex, especially by using persuasion.

3. Many rapes don't involve the application of violence.

4. Absence of publication of the woman's identity increases the embarrassment of the complainant.

5. The victim may be wishful to report incident.

6. A strong hope or wish to make the acquaintance of somebody motivates rape.

7. The victim is afraid of hostile treatment by close friends.

THEFT

Theft (or larceny) is probably the most common crime involving the criminal intent. The crime of grand larceny in some U.S. jurisdictions consists of stealing more than a specified sum of money or property worth more than specified amount. The traditional definition of theft specified the physical removal of an object that was capable of being stolen, without the consent of the owner and with the intention of depriving the owner of it forever. This intention, which has always been an essential feature of theft, does not necessarily mean that the thief must intend to keep the property ─ an intention to destroy it, or to abandon it in circumstances where it will not be found, is sufficient.

In many legal systems the old definition has been found to be inadequate to deal with modern forms of property that may not be physical or tangible (a bank balance, for instance, or data stored on a computer), and more sophisticated definitions of theft have been adopted in modern legislation. The distinction that the common law made between theft (taking without consent) and fraud (obtaining with consent, as a result of deception) has been preserved in many modern laws, but the two crimes are rarely regarded as mutually exclusive, as they were in the past. It is now accepted that an act may constitute both theft and fraud, as in the theft and subsequent sale of an automobile.

Burglary is the crime of breaking into dwelling or into a building by night with intent to commit a felony or to steal things. The essence of burglary is normally the entry into a building with a criminal intent. Entry without the intent to commit a crime is merely a trespass, which is not criminal in many jurisdictions. Although the motivations of most burglars is theft, but it is possible, for instance, to commit burglary with intent to rape.

Robbery is the commission of theft in circumstances of violence. It involves the application or the threat in order to commit the theft. Robbery takes many forms ─ from the mugging of a stranger in the street, in the hope of stealing whatever he may happen to have in his possession, to much more sophisticated robberies of banks, involving numerous participants and careful planning.

Task 1. Answer the following questions:

1. What is the most common crime involving criminal intent?

2. What does the crime of grand larceny consist of?

3. Why were more sophisticated definitions of theft adopted in modern legislation?

4. What distinction did the common law make between theft and fraud?

5. What is the essence of burglary?

6. What is not criminal in many jurisdictions?

7. What is the commission of theft in circumstances of violence?

8. What forms does robbery take?

Task 2. Agree or disagree with the following statements.

1. Thievery is the most common crime involving a criminal intend.

2. Theft is the physical removal of an object with the consent of the owner.

3. Fraud is the method of legally getting money or property from someone, often by using clever and complicated methods.

4. Burglary is the crime of breaking into a dwelling by night with intent to commit a serious crime such as murder.

5. The motivation of most burglars is to maintain a family.

6. Robbery is the practice of hypnotizing people in the street.

7. Robbery involves many participants and precise planning to steal things from a bank.

INCEST

The crime of incest consists of sexual intercourse between near relatives. Incest was not a crime under the common law but was punishable historically in the ecclesiastical courts. Legislation prohibiting incest was enacted in England in 1908, and most English-speaking jurisdictions now prohibit intercourse between close relatives. Most systems forbid intercourse between immediate relatives ─ father and daughter, brother and sister, mother and son. There are some anomalies ─ English law prohibits intercourse between grandfather and granddaughter, but not between grandmother and grandson. Consent to intercourse is irrelevant to the charge of incest, but if there is no consent, the crime of rape may also be committed.

Generally, sexual intercourse between family members who are not related by blood ─ for instance, stepfather and stepdaughter ─ is not considered incest, but this is prohibited in some jurisdictions. Both parties are considered guilty if incest occurs, but in many systems there is an exemption from liability for women below a certain age (16 in England, 18 in some U.S. jurisdictions). Most cases of incest that come before criminal courts concern sexual intercourse between fathers and relatively young daughters, and it is believed that incest in this form is far more common than the statistics of court cases suggest.

Treatment of the offenders in such cases presents acute difficulties to the courts ─ on the one hand, the offence is widely regarded as a serious, involving sexual abuse of children and breach of the parent's responsibility for the child's welfare; on the other hand, to impose a severe penalty, such as imprisonment, on the father may result in the destruction of the family unit and the infliction of other deprivations on the child victim, in particular feelings of guilt for being responsible for the imprisonment of the father.

Task 1. Answer the following questions:

1. What does a crime of incest consist of?

2. Was incest a crime under the common law?

3. When was legislation prohibiting incest enacted in England?

4. What jurisdictions prohibit intercourse between close relatives?

5. Are there any anomalies in English law?

6. When may the crime of rape be committed?

7. What is not considered incest?

8. What presents acute difficulties to the courts and why?

Task 2. Agree or disagree with the following statements.

1. The crime of incest consists of sexual intercourse between distant relatives.

2. Incest was not a crime under the criminal law.

3. Consent to intercourse is relevant to the charge of incest.

4. Sexual intercourse between stepfather and stepdaughter is considered incest.

5. Incest involves sexual insult of children.

6. Incest may result in the disintegration of the family unit.

7. Both parties are considered guilty if incest happens.

ARSON

In common law, arson consisted of setting fire to the dwelling of another person. In English law any kind of damage deliberately caused by fire ─ even setting fire to rubbish ─ is now arson, but generally setting fire to a building is necessary. The gravity of the crime may depend on the extent to which life is endangered ─ the law may distinguish between arson endangering life, or arson of occupied buildings, and other forms of arson, but most systems consider the crime a serious one.

The motivation of those who commit arson differs ─ arson may be committed as an act of revenge against an employer or by a jealous lover, for example, or by persons who find excitement in fires or have pathological impulses to set fires. Pathological behavior or feelings happen regularly, are unreasonable, and impossible to control. Pupils out of resentment or simple vandalism sometimes set schools on fire. [Resentment is a feeling of anger because something is happened that you think is unfair. Vandalism is the crime of deliberately damaging things, especially public property.]

Some arson is more rationally motivated ─ a burglar may set fire to a house to conceal the evidence of his crime, as may an employee who is anxious to conceal accounts from an auditor. [Burglar is someone who gets into houses, shops etc. to steal things. Auditor is someone whose job is to officially examine a company's financial records.] Another phenomenon is setting fire to premises belonging to the fire setter in order to make a fraudulent insurance claim.

Task 1. Answer the following questions:

1. What did arson consist of in common law?

2. What is now arson in English law?

3. What may the gravity of crime depend on?

4. What act may arson be committed as?

5. Who may arson be committed by?

6. When do pupils usually set schools on fire?

7. Who may set fire to a house to conceal the evidence of crime?

8. Who sets fire to premises in order to make a fraudulent insurance claim?

Task 2. Agree or disagree with the following statements.

1. Arson includes setting fire to the dwelling of another person.

2. Setting fire to rubbish is absurdity.

3. Any kind of damage involuntarily caused by fire is arson.

4. Arson may be committed as an act of vengeance against an employer.

5. Arson may be committed by persons who have suicidal impulses to set fires.

6. A burglar may set fire to a house to hide the evidence of his crime.

7. Pupils often set schools on fire.