Zsófia Zelnik Interactive English for Law Students – 2. Machinery of Justice Pécs 2014 A tananyag a TÁMOP-4.1.2.D-12/1/KONV-2012-0010 azonosító számú, Idegen nyelvi képzési rendszer fejlesztése a Pécsi Tudományegyetemen című projekt keretében valósul meg. 1 Interactive English for Law Students – 2. Civil and Criminal Procedure Szerző: Zelnik Zsófia Szakmai lektor: Nyelvi lektor: Kiadó neve Kiadó címe Felelős kiadó: ISBN szám Pécsi Tudományegyetem Állam- és Jogtudományi Kar Pécs, 2014 © Zelnik Zsófia 2 Unit 1 CRIME AND THE POLICE I. Crime 1. The definition of crime 1.1. Put down the names of ten crimes you know in English. Be prepared to explain them in English to the other students. 1.2. Read the paragraph and find out when some conduct is deemed a crime. A crime is conduct which the law deems to be criminal under statute (an Act of Parliament) or common law (case law). Such conduct is prohibited because it involves the threatening or causing of harm to individuals or to public interests. Conduct may be deemed to be criminal due to moral and/or social reasons. Although a crime may be committed against a specific individual, a crime is classed as a public wrong as it affects the public at large by making society feel less secure and safe from harm. (Monaghan, Criminal Law Directions, OUP 2012) 1.3. Can you mention conduct that is considered criminal in one country but not in another country? Can you name crimes which are also morally wrong and crimes which are not morally wrong, but interfere with the smooth running of society? Can you think of any moral wrong that is not a crime? 2. The two main elements of a crime: actus reus and mens rea Every crime consists of an actus reus (guilty act) accompanied by a specified means rea (guilty mind) (unless it is a crime of strict liability), and the prosecution must prove these elements of the crime beyond reasonable doubt in order to secure a conviction. (Oxford Dictionary of Law) What are the actus reus and mens rea of murder? What does strict liability mean? Can you give any examples for strict liability offences? 3. Classifications of crimes 3.1. Read the text about the USA and work out the Hungarian equivalents of the expressions in bold type. USA Crimes receive different classifications according to their severity. The mildest crimes are known as infractions; more serious crimes are known as misdemeanors; and the most serious crimes are known as felonies. An infraction, sometimes called a petty offense, is the violation of an administrative regulation, an ordinance, a municipal code, and, in some jurisdictions, a state or local traffic rule. In many states an infraction is not considered a criminal offense and thus not punishable by incarceration. (…). A misdemeanor, a criminal offense that is less serious than a felony and more serious than an infraction, is generally punishable by a fine or incarceration in a local jail, or both. Felonies are deemed the most serious class of offense throughout the United States. (…) Depending on the circumstances surrounding the crime, felonies are generally punishable by a fine, imprisonment for more than a year, or both. (…) They include terrorism, treason, arson, murder, rape, robbery, burglary, and kidnapping, among others. (http://criminal.findlaw.com/criminal-law-basics/classifications-of-crimes/) 3 3.2. Read the text and explain the origin of the names of the types of offences. Bring examples from the text for offences belonging to each category. England and Wales Indictable offences are the more serious offences, which must be tried in the Crown Court by a judge and jury. Offences that a defendant in the Crown Court is alleged to have committed are set out in a document known as an indictment. This lists the charges against him (…). All serious crimes such as murder, wounding, rape, robbery, and causing death by dangerous driving are indictable offences which can only be tried in the Crown Court. Summary offences are less serious offences, tried by magistrates. They are called summary offences, because they are tried summarily, which means speedily by the most convenient court, and with the minimum of formality. Almost all motoring offences are summary offences, as are offences involving minor thefts and assaults, criminal damage, prostitution and drunk and disorderly behaviour in a public place. There are certain offences that may be tried either in the magistrates’ court or by the Crown Court. Because they can be dealt with in either court they have been nicknamed ‘either-way’ offences. Offences of burglary and handling stolen goods are good examples of these. (Based on: Rivlin, Understanding the Law) 4. Types of crime 4.1. Underline the names of crimes in the two texts above and classify them under the right headings. Type of crime Examples Crimes against the person Crimes against property Sexual offences Political offences Offences against the administration of justice Public order offences Road traffic offences Drug offences 4.2. Add the following offences to the right list. cultivation of cannabis plant, possessing weapons, breach of the Official Secrets Act, careless or reckless driving, perjury, manslaughter, blackmail, forgery, bigamy, contempt of court, indecency, drug trafficking, perverting the course of justice, drink driving, obstruction of the police, drug possession, unlawful assembly, misuse of drugs, breach of the peace, grievous bodily harm, driving without a licence or insurance 4.3. For a more complete list of criminal offences under English law, consult the list issued by the Legal Services Commission. http://www.justice.gov.uk/downloads/legal-aid/eligibility/list-of-criminal- offences.pdf 4 For the English names of Hungarian offences, see the translation of the Hungarian Criminal Code. www.refworld.org/pdfid/4c358dd22.pdf www.thb.kormany.hu/download/a/46/11000/Btk_EN.pdf 5. Definitions of offences Match the names of crimes with their definitions. 1. murder a) deceiving someone in order to make money 2. manslaughter b) going through a marriage ceremony with someone when one is already lawfully married to someone else 3. assault c) a defamatory statement made in permanent form, such as writing, pictures, or film 4.forgery d) gaining unauthorized access to a computer system 5. fraud e) acting in such a way that someone is afraid that he or she will be attacked and hurt 6. bribery f) legitimizing money from organized or other crime by paying it through normal business channels 7. theft g) making a false document or banknote to use as if it were genuine, thereby causing harm to others 8. money laundering h) killing someone illegally and intentionally 9. libel i) offering money corruptly to some official to get him to do something to help you 10. blackmail j) dishonest appropriation of property which belongs to someone else, with the intention of permanently depriving that person of it 11. bigamy k) killing someone without having intended to do so, or killing someone intentionally but with mitigating circumstances 12. hacking l) getting money from someone by threatening to make public information or by threatening violence 6. Word-building Fill in the table with the missing forms of the given words. crime criminal verb arson to mug theft terrorism drug-trafficking pickpocket to smuggle embezzlement shoplifter 5 7. Analyzing a diagram (pie-chart) Speak about the types and proportions of violent crime committed in 2011-2012 in England and Wales. Types of violent crime, 2011-12 CSEW Source: Crime Survey for England and Wales, Office for National Statistics 8. Procedure for dealing with summary offences A common type of summary offences is constituted by road traffic offences. 8.1. Below is the procedure for dealing with a simple road traffic offence. With a partner, put the events in the right order. Check the meaning of the expressions in bold type. 1. He is stopped by a police car. 2. The policeman tells the driver that he will be reported for summons. 3. The summons is served on the defendant. 4. A motorist is driving at night with only one headlight. 5. If he wishes, the defendant may avoid appearing in court by pleading guilty and paying a fine to the clerk to the justices. 6. The policeman asks the driver about the light and notes down his answer. 7. At the end of his shift he hands in his report. 8. The clerk to the justices prepares a summons which is signed by a JP. 9. If he wishes to plead not guilty, the defendant sees his solicitor. 10. The defendant appears in court with his solicitor. (Pásztor & Moor: English for Law Students, Miskolc University, 1994) 8.2. What would the procedure be like in Hungary? 6 9. Verbs connected with procedure 9.1. Read the text and find out what traffic offences were committed by the driver. A bad driver? When I was 20 I was convicted of ‘careless driving’ and banned for 6 months. At 24 I was fined for going through a red light and my licence was endorsed. At 35, I was prosecuted for speeding but not convicted because of a technicality. There was a fault in the police radar. Last year I was found guilty of ‘reckless driving’ after an accident, but I still don’t think the accident was my fault. My wife accuses me of being a bad driver. I think I’ve just been unlucky. 9.2. Underline the verbs connected with procedure. 9.3. Choose the correct preposition and complete the following sentences using a noun or – ing form: 1. He was prosecuted for/of .............................. 6. I was summonsed of/for .............................