II. Прочитайте текст и переведите текст. CRIMINAL LAW: The Issue of Public Wrongs

CRIMINAL LAW: The Issue of Public Wrongs

At earliest English law, because of a lack of legislative law and because of a lack of a place and process to turn to, people were left to blood feuds for resolution of conflict. You hurt me, I killed you. Then your uncle killed me, so my dad killed your dad, etc.

The community got tired of this. The local baron was worried about (he drain on his fighting force. And local religious leaders had a hard time putting a feud into theologically permissive behavior.

So, a "local law" began to appear, with an incentive to people to settle cases by compensation. People in conflict were "invited" to come and sit with others of a community to seek resolution of the conflict.

When the parties could not agree and no one could prove "truth", they were left without a remedy. To have a law is wonderful. To have a process is better. But no remedy means a law or process is of little value.

To determine truth, trial by "ordeal", "combat", or "oaths" was in­stituted. In "combat", each party got a sword, and fought it out under I he theory that God would protect the innocent one. If a person was found "guilty", he, or his heirs, paid something to the injured party and sometimes something to the local baron.

With the Norman Conquest, the new king, intent upon consolidating power, established "King's Courts". Here an injured person (plaintiff) brought action against a wrongdoer (defendant). But all monies (fines) went to the king rather than to the victim; the king had to pay judges, keep an army (the police) fed and clothed, etc. Thus developed Crimi­nal Law, the key components of which are:

I The king (state, people) is seen as victim. Crime is considered to be an act which the public desires not to be done, and which the public is willing to punish if it is done. It is a public wrong.

' Because the remedy is punishment, some protections of the accused become necessary; we do not want to punish an innocent person. Thus, I here can be no crime without a statute, and acts done before there is a statute are not criminal (ex post facto). The statute must set forth every material element of the criminal conduct (no punishment without a "knowledge"). However, we are all presumed to know the law.

I The state must prove the defendant did the necessary acts (actus reus) beyond a 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.

After conviction, the question is asked: What punishment should be to carry out the five purposes for punishment: reformation; restraint;! retribution; and deterrence (individual or general).

Crime has three major parts: 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 I against a person and loss of property is the key (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, and, until recently, abortion). 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".

III. Задайте все возможные вопросы к тексту.

Вариант 4

I. Выберите правильный вариант:

1. art

a) –ist b) - ness c) – ive

1. examine

a) – tion b) –able c) –ory

1. differ

a) –er b) –ence c) –tion

1. science

a) – ist b) –ment c) –ic

1. prepare

a) –ness b) –tion c) -ory

1. He conducted a lot of … research.

a) - b) the c) a

1. My brother is … full-time student.

a) the b) a c) –

1. Young people enter … universities at 17.

a) the b) - c) a

1. Look at my new watch. Do you like …?

a) it b) they c) them

1. Let’s send these flowers to …. I’m sure, she will be pleased.

a) her b) she c) shis

11. … am your new teacher.

a) he b) I c) you

12. My pupils are so noisy, that I have to keep an eye on ….

a) they b) them c) their

13. There are … biscuits left in the tin.

a) a few b) little c) much

14. … students know the answer to this question.

a) a little b) few c) much

15. My days are so busy that I have … time for reading.

a) few b) many c) little

16. … people give money to charity.

a) many b) little c) much

17. There is a tiny bit of butter. There is … butter.

a) a little b) few c) little

18. He keeps trying although there is …chance of suc­cess.

a) much b) a few c) little

19. She looks … than she is.

a) younger b) youngest c) more young

20. It was … day in the year.

a) hotter b) more hot c) the hottest

21. I think that life in the countryside is … than in town.

a) more healthy b) healthier c) much healthy

22. You watch is 10 minutes … than mine.

a) faster b) more fast c) much faster

23. It was … film I've ever seen.

a) more exciting b) much more exciting c) the most exciting

24.1 was so tired. I …sleep for a week.

a) could b) can c) must

25. We …have gone away if we had enough money.

a) could b) can c) must

26. You … go to school today, it is Sunday.

a) don't have to d) needn't to c) should

27. John …Mary last night, she was sleeping.

a) shouldn't have called b) must to call c) can't to call

28. Everything is white. It … last night.

a) must snow b) could c) must have snowed

29. My sight is getting worse. Next year, I am afraid, I …read without glasses.

a) will not be able to b) may not c) could not

30. Police, firefighters, newspaper reporters and radio broad­casters … work on holiday in the USA.

a) must b) should c) might

31. …you …get up early to meet the delegation at the airport?

a) Did, have to b) Must, have to c) Have, had to

32. When Frank was 13, he …run 100 meters in 15 sec­onds.

a) must b) could c) can

33. Mike … to clean his room.

a) was maked d) is being made c) was made

34. - How long … you …? — Since I was 17.

a) have been driving b) have driven c) did drive

35. She …always …in Moscow.

a) —, lives b) has lived c) has been living

36. How long … you …Kate?

a) did know b) do know c) have known

37. Kate has lost her passport again, it is the second time this …

a) happens b) has happened c) happened

38. I … a lot but I don't any more.

a) was used to eat b) used to eat c) was eating

39. You look so tired, I… make tea for you.

a) am making b) will make c) make

40. … next week, so we can go somewhere.

a) I'm not working b) I won't work c) I don't work

41. 1 hope Kate is coming soon. I … for two hours.

a) am waiting b) waited c) have been waiting

42. She …. on holiday next week.

a) is going b) goes c) will go

43. We …for a walk when it stops raining.

a) will go b) go c) are going

44. Oxford … by Manchester United in the Cup Final yesterday.

a) was beaten b) was beated c) has been beaten

45. Many people … to be homeless after the floods.

a) is reported b) are reported c) reported

Не нашли, что искали? Воспользуйтесь поиском: