Classification of Offenses

In, un, im, il, dis.

__capable __lawful __able __necessary

__intentional __agreement __voluntary __legal

EXERCISE 4. Match the legal terms with their definitions.

offender	the study of crime and criminals
offense	the breaking of the rule, a violation of the law; a crime, often a minor one
crime	a social harm that the law makes punishable
a criminal	a person who studies or is an expert in criminals and their crimes
criminal law	a person who has broken the law
criminologist	a person guilty of a crime
criminology	a branch of law that deals with unlawful acts which are offenses against the public and society generally

° Reading and language study

Classification of Offenses

(I) In the USA the decision of how a crime should be classified rests with the individual jurisdiction. Each state has developed its own body of criminal law and consequently determines its own penalties for the different crimes. Thus, the criminal law of a given state defines and grades offenses, sets levels of punishment, and classifies crimes into different categories.

(II) The most common classification is the division between felonies and misdemeanors. This distinction is based primarily on the degree of seriousness of the crime: a felony is a serious offense and a misdemeanor is a less serious one.

(III) In the United States today, felonies include serious crimes against the person such as criminal homicide, robbery, and rape, or crimes against property, such as burglary and larceny. A felony is punishable by death penalty or imprisonment in a state or federal penitentiary (prison for felons) for more than one year. Misdemeanors include petty larceny, assault and battery, the unlawful possession of drugs, disturbing the peace or reckless driving. A misdemeanor is punishable by a fine or imprisonment in the county jail (local jail for minor offenders) or both, depending upon state law.

(IV) *The felony-misdemeanor classification has a direct effect on the offender charged with the crime. A person convicted of a felony may be barred from certain fields of employment or from entering some professional fields of study, such as law or medicine. A person with a felony offender’s status might be denied the right to hold public office, vote or serve on a jury.

(V) Whether the offender is charged with a felony or a misdemeanor also makes a difference at the time of arrest. Normally, the law of arrest requires that if the crime is a misdemeanor and has not been committed in the presence of a police officer, the officer cannot make an arrest. This is known as the in-presence requirement. In contrast, an arrest for a felony may be made regardless of whether the crime was committed in the officer’s presence, as long as the officer has reasonable grounds to believe that the person has committed the felony.

(VI) Another important effect of this classification is that a court’s jurisdiction often depends on whether a crime is considered a felony or a misdemeanor. A person charged with a felony must be tried by a court that has jurisdiction over this type of offense. Some states prosecute felonies only on indictment. This means that a person accused of a felony ordinarily has a legal right to a preliminary hearing and presentment of the charges by indictment of a grand jury or information.*

(VII) In addition to serious felony crimes and less serious offenses labeled misdemeanors, some jurisdictions also have a third category of least serious offenses called violations. These violations, ordinarily of town, city, or county ordinances, are regulatory offenses that may not require criminal intent. Examples include health and sanitary violations, unlawful assembly, public disturbances, and traffic violations. Violations are usually punishable by a fine or a short jail term.

EXERCISE 5. Scan the text and find definitions to these legal terms:

- Felony

- Misdemeanor

EXERCISE 6. Skim the text and make-up a list of:

- serious offenses

- less serious offenses

EXERCISE 7. Read the text and answer the following questions:

1. Who makes the decision of how a crime should be classified in the USA?

2. What is the most common classification of offenses in the USA?

3. What crimes do the felonies include?

4. What crimes do the misdemeanors include?

5. What is the third category of offences?

6. What do violations include?

7. How can a felony be punished?

8. How can a misdemeanor be punished?

9. How can a violation be punished?

EXERCISE 8. Read the text carefully and complete the sentences given below.

1. The most common classification is the division between _________ and misdemeanors.

2. A felony is punishable by ________ ________ or imprisonment.

3. A _________ is punishable by a fine or imprisonment.

4. A person convicted of a felony may ______ ________ from certain fields of employment.

5. A court’s __________ often depends on whether a crime is considered a felony or misdemeanor.

6. Some states prosecute felonies only on _________.

7. Some jurisdictions have a third category of least serious offenses called _________.

8. These violations, ordinarily of town, city or county _________, are regulatory offenses.

EXERCISE 9. Using the paragraph reference given in brackets, find words in the text which have a similar meaning to:

- offense, wrongdoing, an illegal act, violation (I)

- punishment, retribution (I)

- penalty, sentence (I)

- categorize, group, sort, grade (I)

- jail, penitentiary (III)

- be excluded (IV)

- need, demand, provision, order (V)

- reason, justification, motive, cause (V)

- power, authority (VI)

- aim, purpose, idea, plan (VII)

- disorder (VII)

EXERCISE 10. Put the words into the right order (subject–verb-object) to make up sentences.

1. over, state, the individual jurisdiction, of, offenses, has, each, classification.

2. misdemeanors, a division, is, between, there, felonies,and.

3. the examples, felonies, criminal homicide, and, robbery, rape, of, are.

4. indictment, in, prosecuted, felonies, states, on, some, are, only.

5. a given state, punishment, set,levels, of, by, are, of, the criminal law.

EXERCISE 11. Make up sentences using the following word combinations:

individual jurisdiction, penalties for the different crimes, different categories, be based on, be punishable, be charged with, be convicted of, be arrested for, be accused of, be tried, may require.

EXERCISE 12. Using the paragraph reference given in brackets, find in the text the English equivalents for these Russian legal terms and expressions.

- совокупность уголовно-правовых норм (I)

- быть запрещенным (IV)

- занимать государственную должность (IV)

- совокупность норм, регулирующих наложение ареста (V)

- произвести арест (V)

- необходимость присутствия (V)

- веские основания (V)

- предварительное слушание (VI)

- обвинительный акт, составленный Большим жюри (VI)

- обвинительное заключение, составленное прокурором без участия Большого жюри (VI)

- постановление муниципального органа (VII)

- правонарушения, находящиеся в юрисдикции регулятивных органов (VII)

EXERCISE 13. Translate the marked * passage of the text CLASSIFICATION OF OFFENSES into Russian.

EXERCISE 14. Read the text given below. Make up questions that may lead to further classroom discussion. Ask your questions to your classmates.

INTOXICATION

One who is charged with a crime may raise the issue of intoxication as a defense. However the result depends on whether the intoxication was voluntary or involuntary.

Involuntary intoxication may provide a complete excuse for criminal liability under some circumstances. Involuntary intoxication is allowed as a defense if the defendant was tricked into drinking or ingesting alcohol or drugs that rendered him or her incapable of forming the necessary intent for the crime that was committed.

Voluntary intoxication is considered a defense only if, as result of intoxication, the defendant is unable to form the necessary intent required for a specific criminal act. For example, if a person consumed several drinks at a local bar and, in a drunken stupor, attempted to enter the wrong house, he or she would not be guilty of attempted burglary. Some jurisdictions have enacted statutes that remove voluntary intoxication as a defense, since the perpetrator knowingly ingested the alcohol or drugs prior to commission of the crime.

EXERCISE 15. Translate the given passage into English.

Для того чтобы произвести арест, власти должны иметь достаточно доказательств, связывающих подозреваемого с преступлением, то есть иметь разумные основания полагать, что данное лицо виновно в совершении преступления. Отсутствие таких разумных оснований делает арест незаконным. Данный стандарт применяется и в отношении ордера на обыск. Основанием для выдачи этого ордера также должна быть достаточная информация, иначе доказательства, полученные в результате обыска, на процессе будут исключены из рассмотрения. Более того, сразу же после ареста власти должны проинформировать обвиняемого о его праве не давать никаких показаний и воспользоваться услугами адвоката-защитника, иначе любые заявления, сделанные им после ареста также будут исключены из дела судом. Таким образом, роль защитника во время ареста состоит в том, чтобы оценить, был ли арест произведен при наличии разумных оснований, был ли любой исполненный ордер основан на достаточной информации, и не были ли права обвиняемого нарушены во время ареста или проведения последующих допросов.

¯ Focus on grammar. The -ing forms

The – ing forms can function either as a present participle, a verbal noun or gerund.

Translate the following examples into Russian paying attention to the -ing forms.

1. A man intending to harm his friend after a disagreement hits him in the head.

2. Circumstances that mitigate the killing.

3. Wrongful taking and carrying away of personal property is punishable by law.

4. A woman buys some poison, intending to kill her husband.

5. A man seeing a stranger sitting in his favorite seat in the cafeteria pushes him out of the seat.

6. He thinks that social drinking is disgusting.

7. Intentional killing committed under extenuating circumstances.

8. He seized a chair and began to wave it around his head, striking students who happen to be in his path.

9. Admitting no definite alibi for the time of the murder, Dr Gooding stated that he wanted to confer with his attorney.

¯ Legalese

Legal language traditionally uses coupled synonyms such as: alter or change; last will and testament; confessed and acknowledged; order and direct; null and void; for and during the period; peace and quiet; force and effect; free and clear; full and complete; true and correct. Coupled synonyms have ancient roots. Professor D. Mellinkoff in his Dictionary of American Legal Usage explains that, at several moments in history, the English and their lawyers had two languages to choose from: first, a choice between the language of the Celts and that of their Anglo-Saxon conquerors; later, a choice between English and Latin; and later still, a choice between English and French. Lawyers started using a word from each language, joined in a pair, to express a single meaning. For example, free and clear comes from the Old English freo and the Old French cler. This redundant doubling was sometimes used for clarity, sometimes for emphasis, and sometimes just because it was the literary fashion. With the time doubling became traditional in legal language, and it is still true for many legal documents.

EXERCISE 16. Read the sentences given below. Translate them into Russian, paying attention to the coupled synonyms used in these sentences.

1. The contract is already null and void by the prior order and decree of this court.

2. This decision can have no further force and effect.

3. The plaintiff argues that in this case full and complete relief can be given without the issuance of an injunction.

4. First degree murder is unlawful killing of another human being with malice aforethought and with premeditation and deliberation.

5. Second degree murder is unlawful killing of another human being with malice aforethought but without premeditation and deliberation.

6. Voluntary manslaughter is intentional killing committed under extenuating circumstances that mitigate the killing in the heat of passion after being provoked.

7. There are certain basic principles that are familiar for each and every trial lawyer.

° Extend your skills

EXERCISE 17. Paraphrase the sentences given below.

EXAMPLE:

ORIGINAL. It is the fact that heroine totaling one hundred grams and cocaine totaling fifty grams were discovered by the police officer at the time of arrest of the accused.

PARAPHRASE.

- When the police officer arrested the accused, he discovered one hundred grams of heroin and fifty grams of cocaine.

- The police officer discovered one hundred grams of heroine and fifty grams of cocaine when he arrested the accused.

1. Normally, the law of arrest requires that if the crime is a misdemeanor and has not been committed in the presence of a police officer, the officer cannot make an arrest.

2. An arrest for a felony may be made regardless of whether the crime was committed in the officer’s presence, as long as the officer has reasonable grounds to believe that the person has committed a felony.

3. A person convicted of a felony may be barred from certain field of employment or from entering some professional fields of study, such as law or medicine.

4. Admitting no definite alibi for the time of the murder, estimated to be around ten o’clock, Dr Gooding declined to accompany the officers down to the station for an interview, and stated that he wanted to confer with his attorney.

EXERCISE 18. Do a mind map for the text CLASSIFICATION OF OFFENSES. Present your mind map in class.

EXERCISE 19. Read the information about WRITING A SUMMARY and make up a summary of the text CLASSIFICATION OF OFFENSES. Present your summary in class.

¯ Writing a Summary

A summary is a brief version of a larger reading. A summary is not a rewrite of the original text. To write a summary, use your own words to express briefly the main idea and relevant details of the text you have read. If you quote from the original text, use quotation marks. Your purpose in writing the summary is to give the basic ideas of the original reading. In writing the summary, let your reader know the text that you are summarizing. Identify the title, author and source of the text.

A good summary must have the following qualities:

1. It must be brief:	The summary should be approximately ¼-th the length of the original text (about 150-200 words).
2. It must contain:	The central idea or main points of the text, the major supporting point and an indication of the relationship between the points.
3. It must be accurate:	The summary should not change the main points of the original text.
4. It must be objective:	Do not include your own opinion, judgements, or interpretation of the content of the original text.
5. It must be paraphrased:	Do not copy phrases or sentences from the original. You must restate the ideas of the original using your own words, phrases, and sentence structures, concentrating on the main points.

REMEMBER:

§ Read with who, what, when, where, why and how questions in mind.

§ Do not rewrite the original piece.

§ Keep your summary short.

§ Use your own wording.

§ Refer to the central and main ideas of the original piece.

§ Do not put in your opinion of the issue or topic discussed in the original piece.

VERBS FOR SIGNAL PHRASES

- Article (book, essay, paper) is about, is concerned with, deals with, concerns, is devoted to.

- Author is neutral: comments, describes, explains, illustrates, points out, reports, says, thinks, writes.

- Author infers or suggests: analyzes, concludes, finds, predicts, proposes, reveals, shows, suggests.

- Author argues: claims, defends, disagrees, insists, maintains.

- Author agrees: admits, agrees, concurs, grants.

EXERCISE 20. Study the definitions of the crimes given below and do EXERCISE 21.

1. FIRST DEGREE MURDER - unlawful killing of another human being with malice aforethought and with premeditation and deliberation.

2. SECOND DEGREE MURDER - unlawful killing of another human being with malice aforethought but without premeditation and deliberation.

3. VOLUNTARY MANSLAUGHTER - intentional killing committed under extenuating circumstances that mitigate the killing in the heat of passion after being provoked

4. INVOLUNTARY MANSLAUGHTER - unintentional killing, without malice aforethought, that is neither excused nor justified.

5. BATTERY - unlawful touching of another with intent to cause injury.

6. ROBBERY - wrongful taking and carrying away of personal property from a person by violence or intimidation.

7. BURGLARY - breaking and entering of a dwelling house of another in the nighttime with the intent to commit a felony.

8. LARCENY - taking and carrying away the personal property of another with the intent to steal the property.

9. ASSAULT - intentional placing of another in fear of receiving an immediate battery.

10. RAPE - unlawful sexual intercourse with a female without her consent.

EXERCISE 21. Working in small groups read the examples and decide what crimes have been committed. Express your opinions in class. Be prepared to explain your choices.

- A woman buys some poison and pours it into a cup of coffee her husband is drinking, intending to kill him. The motive is to get the insurance benefits of the victim.

- A man intending to harm his friend after a disagreement in bar hits his friend in the head with a baseball bat, and the victim dies as a result of the injury.

- A husband coming home early from work finds his wife in bed with another man. The husband goes into a rage and shoots and kills both lovers with a gun he keeps by his bedside.

- After becoming drunk, a woman drives a car at high speed down a crowded street and kills a pedestrian.

- A man seeing a stranger sitting in his favorite seat in the cafeteria goes up to that person and pushes him out of the seat.

- A student aims an unloaded gun at her professor who believes the gun is loaded. She says she is going to shoot.

- After a party, a man offers to drive a young female acquaintance home. He takes her to wooded area and, despite her protests, forces her to have sexual relations with him.

- A man armed with a loaded gun approaches another man on a deserted street and demands his wallet.

- Intending to steal some jewelry and silver, a young man breaks a window and enters another’s house at 10 p.m.

- While a woman is shopping, she sees a diamond ring displayed at the jewelry counter. When no one is looking, the woman takes the ring and walks out of the store.

EXERCISE 22. Complete the table according to the given example. Use dictionary if necessary.

Crime	Criminal	Verb	Definition
murder	murderer	murder
terrorism
shoplifting
smuggling
arson	arsonist
kidnapping
pickpocketing
hijacking
blackmail			demanding money from a person about whom they have secret information

EXERCISE 23. Working in small groups, read the story and do the task given below. Discuss your opinions in class.

Nelson, Bert, and Nicholas are all freshmen in a dormitory at Lincoln College. One night, the whole dorm decides to have a beer bash. Bert announces that he will not participate because he thinks social drinking is disgusting. Nelson and Nicholas respond: “If you are going to be a killjoy all year, we don’t want you as a roommate.” Bert replies, “OK, you guys,” and drinks five large beers. He begins to shout and curse, seizes a chair and begins to wave it wildly around his head, striking three students who happen to be in his way.

Based on these facts, if Bert is prosecuted for battery, it is most likely that:

A. Bert is guilty because he voluntary drank the beer which led to his violent outburst.

B. Bert is guilty because he deliberately struck three students.

C. Bert is not guilty if he no longer realized that hitting people was wrong.

ä Jokes and Puns

A man walking along the beach one day finds a bottle. He rubs it and, sure enough, out popped a genie. “I will grant you three wishes, said the genie. “But there is a catch.” “What a catch?” the man asked. The genie replied, “Every time you make a wish, every lawyer in the world will receive double the wish you were granted.” “Well, I can live with that! No problem!” replied the man.” What is your first wish?” asked the genie. “Well, I have always wanted a Ferrari!” POOF! A Ferrari appeared in front of the man. “Now every lawyer in the world has TWO Ferraris, said the genie. “Next wish?” “I’d love a million dollars,” replied the man. POOF! One million dollars appeared at his feet. “Now every lawyer in the world has TWO million dollars,” said the genie. “Well, that’s okay, as long as I’ve got my million,” replied the man. “What is your third and final wish?” The man thought long and hard, and finally said, “Well, you know, I’ve always wanted to donate a kidney!”

grant – жаловать, даровать

wish - желание

donate –дарить, жертвовать

kidney – почка