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B) Законодательство на территории Беларуси в Средние Века⇐ ПредыдущаяСтр 19 из 19
1. Политико-правовые идеи мыслителей XVI столетия получили свое развитие и были закреплены в Статутах ВКЛ 1528, 1566, 1588 годов. 2. Все три Статута были проникнуты идеей правового суверенитета. 3. Ряд норм Статута подчеркивали стремление законодателей придерживаться принципов законности и справедливости. 4. Нарушение закона рассматривалось как злодеяние против интересов государства. 5. Закон стремился защитить не только сословные интересы личности, но личные права каждого свободного человека. 6. Закон закрепил такие важные конституционные права как право на защиту жизни, чести, собственности, защиту в суде, право свободного выезда за границу для дворянства, право представительства в органах государственной власти и судах. 7. Статуты положили начало значительным изменениям в судебной системе и судопроизводстве. 8. Новые суды строились на принципе независимости от административной власти. 9. Была реализована идея создания высшего апелляционного суда ВКЛ. 10. Как правовые памятники эпохи Возрождения, Статуты основывались на идее гуманизма. 11. Статуты были написаны на белорусском языке, и язык законов был понятен всем гражданам государства. 12. Даже через 200 лет после издания Статут 1588 года считался самым выдающимся сводом законов в Европе. 13. Гуманистическая направленность Статута проявляется в тех нормах, которые определяли положение женщины в обществе. 14. Закон гарантировал женщинам право свободно выходить замуж, свободно распоряжаться своим имуществом, запрещал смертную казнь беременных женщин. 15. Была введена норма, которая предусматривала смертную казнь дворянина за убийство простого человека. В польском праве такая норма появилась только в 1768 году. 16. Статут 1588 г. был одним из первых законодательных актов Европы, который содержал нормы, направленные на охрану окружающей среды. Unit VI Crime Subject of study Texts: A. Crime B. Defences C. Juvenile Delinquency D. Crime Prevention E. Measures to Combat Terrorism F.Computer Crime Grammar: A:The Gerund Constructions with the Gerund The Gerund and the Infinitive Vocabulary
Vocabulary Notes
Text A.Read and translate the text. Do the exercises given below. Crime Crime is categorized as a part of public law – the law regulating the relations between citizens and the state. Crimes can be thought of as acts which the state considers to be wrong and which can be punished by the state. 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 for each crime there are precise elements which must be proven. 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. Even where there is a precise statute, the case law interpreting the statute may be very important since the circumstances of each crime may be very different. There are usually two important elements of a crime: (i) the criminal act itself; and (ii) the criminal state of mind of the person when he committed the act. In Anglo-American law these are known by the Latin terms of (i) Actus Reus and (ii) Mens Rea. The state must prove the defendant did the necessary acts (actus reus) beyond reasonable doubt. This means that the balance scales must tip to their near maximum. Since punishment is the remedy, we want to be certain that we only punish the guilty, not the innocent. Defendant must have done the acts with a level of knowledge (mens rea, guilty mind) declared in the statute. Over time, and in order of importance today, this necessary mental state was determined to be: intentional, reckless, or negligent conduct, or strict liability. Intent has its own set of definitions: Specific intent: Defendant has a determination of mind to commit at least one of the required elements of a criminal offenсe. Example: first degree murder normally requires proof of premeditation, which is a matter of intent found to be existent before picking up the gun, to do an act (shoot the gun) and bring about a result (kill the person). Transferred intent convicts a person of a result, which he did not intend, but which was a result of the illegal act. Example: I intend to kill A by shooting, but miss and kill B, whom I love and would never kill. My intent to kill A is transferred to B; I am guilty of murder. Implied intent: We are rational people, intelligent and understanding; so intent to do an act may be implied from doing of the act. Strict liability: Here there is no need for a mental status. We are liable for doing the act without defence. Example: sexual intercourse with a female under a specified age (statutory rape). Your belief concerning her age (even a reasonable belief) is no defence. Crime has three major types: crime against person; crime against property; and crime against the public order. A crime against person always involves force or threat of force against the body of another (murder, battery, rape, robbery, extortion, kidnapping, etc.). Crimes against property are distinguished by an absence of force against a person and loss of property (theft, embezzlement, false pretenses, forgery, burglary, arson, etc.). Crimes against public order include rioting, treason, and most of the "victimless" crimes (prostitution, sale of pornography, drug deals). Violence to person or loss of property may or may not be present. What is present, is behavior seen harmful to the integrity of community to such an extent as to call for criminal punishment. Sometimes we see these as "moral crimes". There are a number of offences concerned with obstructing justice: perjury, assisting offenders, concealing, refusal to assist a police officer, contempt of court. There are so-called inchoate offences: aiding and abetting, incitement, conspiracy, attempt. As for the classification of crime there is the concept of “arrestable” and “non-arrestable” 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 maximum of five years’ imprisonment or more or where the penalty is fixed by law as is the case of murder, treason. 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. Another way of classification is by the manner of trial. Criminal offences may be divided into two main classes: indictable offences and offences punishable on summary conviction before magistrates (summary offences). Indictable offences are tried by a jury. They may be regarded as serious ones and summary cases as less serious or minor. Vocabulary Practice Ex. 1. Read the words. Mind the stress.
Ex. 2. Give nouns derived from the following verbs: to ban, to kill, to arrest, to suspect, to offend, to omit, to punish, to legislate, to wound, to aid, to abet, to incite, to assist, to abolish, to convict, to accuse. Ex. 3. Pair the verbs in column B with a suitable phrase in column A:
Ex. 4. Add nouns to the following adjectives to form noun phrases: Adjectives: wrongful, criminal, changing, fatal, serious, summary, mental, guilty. Nouns: act, omission, behaviour, activity, matter, habits, norms, offence, crimes, case, element, conviction, mind, action. Ex. 5. How many different adjectives combined with the word “offence” do you know?
Ex. 6. Complete the following table.
Ex. 7. Choose the most suitable word or phrase in each sentence. 1. Sally didn't realize that she had broken/countered/denied the law. 2. The police have banned/cancelled/refused parking in this street. 3. I must remember to get a/an agreement/license/permission for my television. 4. The president admitted that there had been a breakdown of law and crime/ government/order. 5. Jim's parents wouldn't agree/allow/let him go to the demonstration. 6. Carlos was arrested because he had entered the country falsely/illegally/wrongly. 7. Talking to other students is against the law/orders/rules of the examination. 8. The two men were arrested before they could commit/make/perform any more crimes. 9. I had to take the company to court/justice/law to get the money they owed me. 10. Smoking is compulsory/prohibited/refused near the petrol tanks. Ex. 8. Match the crimes and offences with the correct definition.
Ex. 9. Match a word with a proper definition.
Ex. 10. Fill in the missing crimes and offences in the sentences below. Choose from the words in the previous two exercises. 1. The chief cashier admitted taking £30,000 of the firm's money during the previous three years and was found guilty of _____. 2. She sued the newspaper for ______ when it printed a story about her in which it claimed she had once been arrested for taking drugs. 3. The supermarket decided to install closed-circuit television in order to combat the problem of _______. 4. This is the sixth fire in the area in the past month. The police suspect ____. 5. He pleaded not guilty to murder but guilty to ______ saying that the gun had gone off and killed his wife by accident. 6. There have been so many cases of _______ in the street recently that the police are advising residents to install alarms and to notify neighbours when they go out. 7. The customs officer found nearly £20,000 worth of cut diamonds hidden in the man's guitar case. He was arrested and charged with _______. 8. Pop stars and famous people often employ bodyguards for themselves and members of their families as they are constantly worried about _______. 9. Most people of my generation remember the ____ of President Kennedy in Dallas in November 1963. 10. It looked like a real £20 note but on closer examination you could see that it was a very clever _______. Ex. 11. Choose the best alternative to complete the following sentences: 1. A person who commits a criminal offence is called a criminal, or ______.
2. If you attack another person illegally you will be tried for unlawful ______.
3. If you physically hurt or injure the person you attack, you will be tried for unlawful assault causing ______.
4. If the injury you cause in the attack is very serious it is called ______.
5. A police officer can arrest ______ for a suspected crime carrying a maximum of five year imprisonment.
6. The law can punish criminals in many different ways, but the worst is ______.
7. Young people who committed a crime are tried by a special court called the… .
8. Most schools in my country no longer have…..punishment.
9. The policemen following the robbers were in…..clothes.
10. The two old ladies were…..of their purses.
11. At the end of the story, the hero manages to arrest the…. .
12. I had to answer the question because it was…..
13. Charles could not…..having been at the scene of the crime.
14. As there was no evidence, the judge dismissed the…..
15. If your dog damages your neighbour's property, you could be…..
16. After ten years in prison, Stephen was …. and set free.
17. The detective inspector told the young …. to make some tea.
Ex. 12. Complete each part of the sentence from a) to j) with one of the endings from1) to 10). Use each ending once only. a) I decided to buy a burglar alarm after someone had broken……. b) When Alan was stopped outside the supermarket he ended……. c) As it was Sheila's first offence she was let……. d) After climbing over the prison wall, Peter managed to get……. e) The old couple who live opposite were taken……. f) At the end of the trial Hilary was found……. g) My neighbours admitted denting my car but got away……. h) The bank at the end of the street was held……. i) Nobody saw Jack cheating and he got away with……. j) The hijackers took fifteen people……. 1. in by a salesman who cheated them out of their money. 2. away by stealing a car parked nearby. 3. up at the police station, charged with shoplifting. 4. it, although everyone suspected what had happened. 5. into my house and stole my stereo. 6. off with only a warning. 7. with paying only £50 damages. 8. hostage and demanded £1,000,000 from the authorities. 9. guilty and sentenced to six months in prison. 10. up by two masked men last week. Ex. 13. Complete each sentence with a word from the list. Use each word once only. accused evidence guilty lawyer statement a) The customs officers arrested Bob and…………him with smuggling. b) The police spent all morning searching the house for……….. . c) Jean left her car in a no-parking area and had to pay a/an…………. . d) Unfortunately at the end of the trial my brother was found……… . e) The trial took a long time as the……….couldn't reach a verdict. f) George won his case because he had a very good defence…………. . g) The police visited Dawn and asked her to make a/an…………. . h) Because of his past criminal record, Brian was the main……..…. . i) Pauline decided to sue the police because she had been wrongly……….. . j) The murderer of the children received a life………….. . Ex. 14. Complete the sentences from partAby adding the phrases given in part B:
Discussion Ex. 1. Mark the statements which are true. Prove your idea. 1. Criminal law covers a multitude of activities and sins. 2. The courts must respond to all forms of criminal activity. 3. The criminal behaviour is not seen as serious or deviant for the majority of society to ban it. 4. The police officer can arrest without a specific warrant for any suspected crime. 5. The defendant had failed to answer a summons and the magistrates decided to bring him before a court. 6. A conviction cannot be secured unless it is shown that both actus reus and mens rea were present. 7. The burden of proof lies upon the Jury. Ex. 2. Use the word from the box to form a word that fits in the space. Speak about Tom’s crime. Tom's Life of Crime innocent thief offend steal defend
At his last trial, nobody believed in Tom's (1)……….. .He had been accused of the (2)……….of a valuable Chinese vase, and was also charged with ten other (3)……….The value of the (4)……….goods was said to be over £10,000. Tom said in his own (5)……….that the vase had been put into his car (6)……….He also pointed out that the Chinese vase was a fake, and was almost (7)……….The judge did not believe Tom's story. He told Tom he was a hardened (8)……….and that he deserved a severe (9)……….When the judge sentenced Tom to five years (10)………. Tom just smiled. He had spent most of his life in prison and so he was used to it. Ex. 3. Write down 10 questions you could ask speaking about “crime.” Begin your questions differently, like this: Did …? Are…? Have …? Who …? Why …? How long …? In what cases…? What measures …? etc. Ex. 4. Decide which answer A, B, C or D best fits each space. Speak about inspector Ronald Lewis’s investigation. Inspector’s Investigation 'I think I know the identity of the murderer,' said Inspector Ronald Lewis, 'and at (1)….. one of the guests in this hotel was a/an (2)….. to the crime, probably by (3)….. I believe that the same guest is also a (4)….., and has been given money by the killer.' 'So whoever (5)….. this terrible crime is still here,' I said. 'But of course. In (6)….. he – or she – is in this room, and will soon be (7)….. arrest.' There was silence for a moment. I noticed that everyone was trying to look (8)….., but they a11 looked guilty instead! 'Do you have any (9)…... Inspector,' asked Lady Grimshaw finally, 'or are you simply (10)…… people for fun? If you intend to (11)….. someone, you should do it now.' The Inspector smiled. 'I asked you here (12)….. purpose, Lady Grimshaw. I have been reading your (13)….. you see, and it is quite clear that you have told several (14)….. ''How dare you!' Lady Grimshaw spluttered. 'Do you (15) ….. that you were with Tim Dawson in the garden on the night of the murder?' the Inspector said? 'You forgot about the security cameras, you see...
Ex. 5. Put crimes in order you think best on the ladder below, starting with the minor and ending with the most serious. a) *most serious offences * * robbery * * theft * * minor offences
b)Give reasons for the position of each crime. Use as many words and phrases from the text as possible. Ex. 6. Fill in the chart.
Ex. 7. Put the sentences in the logical order to make a text. 1. A principal in the first degree is the person who actually did the criminal act. 2. An accessory after the fact is one who assists or permits the escape of the criminal. 3. Principles may be either in the first or in the second degree. 4. The accessories may be either before or after the fact. 5. The person who commits the crime is the principle. 6. An accessory before the fact is one who advises or procures it to be done. 7. A principal in the second degree is the person who is present at the commission of a crime. 8. The person who plays a second role, assists the principal, is the accomplice. 9. Accomplices may be charged with procuring an offence, abetting, aiding or counselling. Ex. 8. Fill in the following chart and comment on it. Use the information in ex 7.
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