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CRIMINAL LAW: The Issue of Public Wrongs

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 offense. 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 they did not intend, but which was a result of the illegal act. Example: I intend to kill by shooting, but miss and kill B, whom I love and would never kill. My intent to kill A is transferred to В; I am guilty of murder.

I mplied 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 defense. Example: sexual intercourse with a female under a specified age (statutory rape). Your belief concerning her age (even a reasonable belief) is no defense.

Let's look at some of the common criminal defenses. First, there are mistakes of fact. I take a bag of yours at the airport thinking it is mine; we can say mistake of fact, but it really is lack of intent to steal. Or I buy an item not knowing it to be stolen, no intent, no crime. However, if its value is $100 and I pay $1 and the transaction is on a street corner, maybe I am unable to make the defense work for me. Any mistake of I net must be honest and reasonable.

Can my voluntary intoxication be a defense? Generally, no; it is an net of choice, negligent or reckless in character, so it is not allowed as a defense, involuntary intoxication may be a defense.

Another category of defenses is called justification. It includes self- defense, defense of others, defense of property, acts done under appar­ent authority, and consent. Self-defense is viewed from the mind and the person claiming the defense, not from the mind of a reasonable person. What this means is: we cannot second-guess the action after the fact; if there may have been several reasonable responses, and this was one of them then the defense is good. But the force I use in defense must be proportionate to the force you use against me. An aggressor cannot claim self-defense unless he terminates the conflict and then finds he must defend against the continuing attack of the other. Defense of others normally requires a prior relationship between the person be­ing attacked and the person claiming the defense. Defending one, who later proves to have been the aggressor, means you cannot claim the de­fense because that person could not claim the defense. Defense of prop­erty is very limited as to the amount of force you can use.

Acts done under apparent authority is a defense allowing public of­ficials (and those acting under their oversight) to possibly commit a crime and not be punished, if it was reasonably necessary to doing their job. Consent is a defense where the consent to act would have been il­legal, for example, I consent to your battery of me in a boxing match.

Another set of defenses is called excuse. Infancy, necessity entrapment and insanity are classic examples. Historically, infancy defense was avail­able to anyone under the age of 7; they were presumed incapable of form­ing the intent needed for a criminal act. From 7 to 14 it was presumed they could not, but the presumption could be overturned upon a showing of suf­ficient age and understanding. Above 14 they were presumed capable. To­day, in the U.S., we use Juvenile Courts to deal with people under the age of 18; however, for certain crimes, and at certain ages, youth can be re­moved from the juvenile system to the adult system.

Necessity (including compulsion, duress, coercion) is a defense where the act is acknowledged, and the criminality of the act is known in advance, but the person claims that they have no choice. The defense is not available in a homicide, very limited in crimes against persons, and normally only found in property offenses. There is involved a sense of emergency response to a situation, and the harm being prevented by the illegal act must be greater than the harm the illegal act causes.

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Вариант 5

I. Выберите правильный вариант:

1. engage

a) -ist b) –ment c) –ity

2. special

a) – ity b) –ness c) –ize

1. observe

a) – ist b) – tion c) – al

1. appoint

a) – ment b) –ist c) –er

1. differ

a) – ent b) –ence c) - ity

1. Vitamins are very good for … health.

a) the b) a c) –

1. Last year my sister became … student.

a) the b) a c) –

1. … academic year is divided in two terms.

a) the b) a c) –

1. All universities in England and Wales are … state universities.

a) the b) - c) a

1. Do you like apple juice? – No, I hate ….

a) he b) him c) it

1. Our math teacher is very strict. We are afraid of ….

a) she b) it c) her

1. My father likes to go fishing. I often join ….

a) him b) his c) he

1. Martha and Jane are good friends. People like ….

a) her b) them c)they

15. …should be present at the meeting. A very serious question will be discussed.

a) someone b) anyone c) everyone

16. We've got too …petrol. We must have the car filled at the nearest service station.

a) little b) much c) many

17. When the train arrived at the railway station … pas­sengers got their suitcases.

a) some b) any c) every

18. There are …evenings when I do not want to go out at all.

a) some b) any c) no

19. Have you got … luggage? Let me help you.

a) any b) some c) –

20. "Would you like … to eat?" asked Tom.

a) anything b) something c) some

21. It was the … day in my life.

a) baddest b) the worst c) worse

22. The examination was … than we had expected.

a) more easy b) the easiest c) easier

23. This hotel is … in the town.

a) more expensive b) the most expensive c) expensiver

24. Yesterday I came back … than I expected.

a) more late b) later c) the latest

25. His new book is not so … as his previous one.

a) interesting b) more interesting c) most interesting

26. You have been travelling all day. You …be tired.

a) could b) might c) must

27. They have not lived here for very long. They … know many people.

a) could b) can c) must not

28. The baseball match was cancelled last week. Tom … anyway because he was ill.

a) must not play b) could not play c) should not play

29. You have got plenty of time. You …hurry.

a) must not b) should not c) need not

30. According to the contract, the goods …at the port at the end of the week.

a) will arrive b) are to arrive c) should arrive

31. There is a child sleeping in the next room. You …be so noisy.

a) can't b) should not c) have not to

32. My friends …tomorrow in the cafe.

a) are to meet b) should meet c) ought to meet

33. I cannot find my umbrella: I have a feeling I … have left it on the bus.

a) can b) should c) might

34. The weather … hotter and hotter.

a) gets b) has been getting c) is getting

35. The first modern Olympics … in Athens more than a hundred years ago.

a) were taking place b) took place c) have taken place

36. We … 20 new buildings this year.

a) built b) were building c) have built

37..I … always …if the service is bad in restaurants.

a) -, complain b) am complaining c) will complain

38. I … to the news on television at nine o'clock last night.

a) was listening b) listened c) have been listening

39. After they … they cleared the table.

a) ate b) were eating c) have eaten

40. I … for a whole hour!

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

41. I …John's mobile phone because I left mine at home.

a) use b) was using c) used

42. This juice … good.

a) is tasting b) tastes c) has been tasting

43. Mike … to clean his room.

a) was make b) are made c) was made

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

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