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Discussion Points

1. Compare the division of crimes in the common law of England and that on in your country.

2. Present an example of something not currently considered a crime that you think should be one. Why would you propose it as a new crime?

3. Comment on the following “The law recognizes a difference in harm between crimes against the person and against property”.

Extra Activity

1. Read the text below carefully and answer the questions as briefly as possible.

1. What laws are involved in this story?

2. Which of these are criminal laws?

3. Which are civil laws?

Matt and Luther decide to skip school. They take Luther's brother's car without telling him and drive to a local shopping center. Ignoring the sign Parking for Handicapped Persons Only, they leave the car and enter a radio and TV shop.

After looking around they buy a portable AM-FM radio. Then they buy some sandwiches from a street vendor and walk to a nearby park. While eating they discover that the radio does not work. In their hurry to return it, they leave their trash on the park bench.

When Matt and Luther get back to the shopping center, they notice a large dent (вмятина) in one side of their car. The dent appears to be the result of a driver's carelessly backing out of the next space. They also notice that the car has been broken into and that the tape deck has been removed.

They call the police to report the accident and theft. When the police arrive, they seize a small clear bag containing illegal drugs from behind the car's back seat. Matt and Luther are arrested.

2. Comment on the following differences in legal consequences for felonies and misdemeanors. Compare them with those in your country.

Felonies

Misdemeanors

*capital punishment possible (in some states)

*imprisonment in state prison

*stay in county jail

*sentence of a year or more year

*considered serious crime

*considered minor crime

*conviction usually bars person from certain professions

*convicted person may be deported if an alien

*arrest may occur at any time

*arrest may occur only if act committed in presence of officer

*may require an indictment for trial

*normally is triable on an information

Read for Enjoyment

A man accused of stealing a watch was acquitted on insufficient evidence. Outside the courtroom he approached his lawyer and said,

“What does that mean-acquitted?”

“It means,” said the lawyer, “that the court has found you innocent. You are free to go.”

“Does it mean I can keep the watch?” asked the client.

Unit 8 For Study

1. Vocabulary.

  • duress n - принуждение duress of goods - незаконный арест имущества duress of imprisonment - незаконное лишение свободы e.g. Duress is not a defence to a charge of murder as a principal.

  • insanity n - невменяемость syn. madness e.g. If found to be insane the defendant is given a special verdict of "not guilty by reason of insanity."

  • mitigation n - смягчение mitigation of punishment - смягчение наказания e.g. The injured party is under a duty to take all reasonable steps towards the mitigation of his loss when claiming damages.

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