Criminal Law | Mens Rea | Crimes

Please download to get full document.

View again

of 13
All materials on our website are shared by users. If you have any questions about copyright issues, please report us to resolve them. We are always happy to assist you.
Information Report
Category:

Documents

Published:

Views: 18 | Pages: 13

Extension: PDF | Download: 0

Share
Related documents
Description
complete draft about criminal law
Tags
Transcript
  , Criminal aw THE STUDY F LAW *t. Le&ü* [? 1 A crime s any act, or omission f an act, n violation f a public aw. There remany different rimes, r offences. How many of the offences n the box do youknow? hoose our and ell a partner what you hink hey are. Then ook up anywords you don't know n a dictionarv.2 crimes which are ypically ommitted y office employees nd salariedprofessionals re known as white-collar crimes (or business/corporatecrimes). hich of the crimes isted n Exercise are white-collar rimes? ,E - ..r- F 6 t 3 E K*&ffi$ rS 3 Lr g.T t&É esv 3 Read he text on page 40 and answer hese questions.1 How do criminal aw cases and civil aw cases differ n the way hey areinitiated?2 Name he four most common ategories f criminal ffence.3 In what way s the standard f proof different or criminal nd civil cases?4 what is the difference between a fetony and a misdemeanouft Does vourjurisdiction ake such a distinction?4 Match he verbs 1-6) with he nouns hey collocate with n the text (a-fl.1-commit a asuit2 resolve b an offender3 bring c averdict4 render d acrime5 sentence e asentence6 suspend f adisoute5 Look at each of the verb-noun airs n Exercise and, with a partner. aketurns o discuss who ypically arries out each of the actions: an offender, victim, a lawyer, he court or a judge. For each collocation here s more hanone possible nswer.6 Footnote on page 40 refers o the oJ simpson case, which s an examoreof an event which gave ise o both a crime and a tort. what is the differencebetween crime and a tort? (3e armed obbery arson assault battery bribery burglarydrug rafficking drunk driving embezzlement extortionhomicide insider ealing oyriding kidnapping arcenymoney aundering obstruction f ustice rape shopliftingtax evasion theft vandalismdomestic iolenceforgery fraudmanslaughterstalking  Crimina| aw, sometimes although arely) alled penal aw, nvolves heprosecution by he state of a person or an act that has been classified asacrime,Thiscontrastswithcivillaw,whichinvo|vesprivateindividualsandorganisationsseekingtoresolve|egaldisputes.Prosecutionsareinitiatedbythestatethroughaprosecutor,whi|einacivilcasethevictimbringsthesuit.Some urisdictions lso allow private riminal rosecutions'Depending n the offence and he urisdiction' arious punishments reavailabletothecourt'stopunishanoffender(seeExerciseL2)'Acourtmaysentence an offender o execution, corporar punishment or loss of liberty(imprisonment r incarceration); uspend he sentence; mpose a fine; putthe offender nder government upervision hrough arole or probation; rplace hem on a community ervice ordel'Criminal|awcommon|yproscribes_thatis,itprohibits_severa|categoriesof offences: ffences gainst he person e'g' assault)' ffences gainstproperty e'g. burglary), pubtic-order rimes (e'g' prostitution) and business'or corporate, rimes e.g. nsider dealing)'Most crimes (with he exception of strict liability crimes such as statutoryrapel and certain raffic offences) are characterised y wo elements:acriminalact(actusreus)andcrimina|intent(mensrea).ToSecureaconviction,prosecutorsmustprovethatbothactusreusandmensreaWerepresent when a particular rime was committed'rn criminar ases, ne burden of proof s often on the prosecutor o persuadethe trier (whether ud$e or jury) that the accused s guilty beyond areasonab|edoubtofeverye|ementofthecrimecharged.lftheprosecutorfails o prove his, a verdict of not guilty is rendered. his standard f proofcontrastswithcivilcases,wherethec|aimantgenera||yneedstoshowadefendant s liable on the balance of probabilities more han 50% probable)'In the USA, his is referred o as the preponderance f the evidence'Some urisdictions istinguish etween e|onies more serious offences, uchasrape)andmisdemeanoufs(lessseriousoffences,suchaspettythett)'|tisa|soWorthnotingthatthesameincidentmaysometimesleadtobothacriminal rosecution nd an action n tort'2 1ln many urisdictions, t rs ¡llegal or anyone o have exual ntercourse ith a minor' his s a strictliability rime: he offender itt rtitt gúitty t a crime even f he or she believed he partner as oflegal, onsenting ge'2 The oJ Simpson ase, or nstance, s a famous example f this. This case s dealt with n Exercise l-'  complete he extract below rom a law extbook y using he verbs n the boxand check your answer o Exercise .are ried is brought is committed is committed is fined is ounishedis put is resolved was caused A crime s awrongwhich 1) ........................ gainstsociety. The wrongdoer 2) : he or she3) ........................... n prison or 4) ................. .... sum ofmoney. A tort, on the other hand, is a wrong which5) ........................ against an indiüdual. The injured partycan sue he wrongdoer and receive damages rom the court.Criminal sanctions exist o make society safer and to keeppeople from committing certain acts. Tort remedies exist omake the injured partywhole again or the harm which6) .......................... y the wrongdoer.A key difference between he two is that a crime requires acriminal intent (mens ea), whereas a tort can result withoutintent to cause harm on the wrongdoer's part.Crimes 7) .......................... n the criminal courts. An action8) .......................... y a governmental body against hewrongdoer. A tort, conversely, ) ......................... n theciül courts; he injured party brings an action against hewrongdoer. 8 Give a short presentation n the main differences etween crime and a tort.Include hese points: he parties, he outcomes, he terminology nd procedureand he standard f proof. Refer o your own urisdiction n your presentation. Lmngmase .ase : Pass$lr* ffim$trase€ñ*ms 9 The extbook xcerpt bove ontains everal xamples f passive erbconstructions. hy do you hink he passive oice s used n these sentences?In which of the examples bove s he agent of the action the subject whichcarries out the action) named?10 Complete hese rules or forming passive onstructions:ü The passive onsists of two verb orms. The irst is a form of the auxiliaryverb 1) . The second s the 2) toimof the main verb.w Usually, he agent s not named n a passive entence. f the agent snamed, t is often expressed n a phrase beginning ith he preposition3)., . ,,..... Unit Criminal aw  11 Complete his description f the procedural istory of the OJ Simpson aseusing he passive orms of the verbs n brackets. Because procedural istorydescribes hat happened n a case, all of the verbs will be in the past simplepassive.1 In 1994, he former American ootball tar and actor OJ Simpson ;il ñ; ; l ;;; i;::::'ñ:ill'.T: #T: ' or h s ex-wire core rown 2 He.............. ...... try) n criminal ourt or murder. fter a lengthy ndhighly ublicised rial, he ........................ (acquit) he following ear.3 However, n a subsequent ivil action n 1997, Simpson(find) iable or the wrongful eath of Goldman nd . .................(sentence)to ay $33.5 million n damages. Key erms : Punishments 12 Match he following entence alves o form explanations f punishmentswhich are available o the courts. Why do you hink he passive s used nthese examples?1 When omeone s sentenced oexecut¡on,2 When omeone s placed on acommunity ervice order,3 When omeone s sentenced oimprisonment,4 When omeone s put on parole, d5 When omeone s put on probation, e6 When omeone s fined,fa they are put n prison or a crime.b they are given a period f time when hey must behave welland not commit ny more rimes n order o avoid eingsent o orison.c they have o pay an amount of money s a punishment orbreaking law.they are killed s a legal punishment or a crime.they are eleased efore heir prison entence s finished,with he agreement hat they will behave well. the court equires n offender o perform npaid ork ntheir spare ime and o contribute o their community. 13 Discuss he punishments isted n Exercise 2 with a partner. Which are hemost effective? Which are the least effective? Give easons or vour answers. Listening : White-collar r¡me n he 2rst entury You re going o hear [aw professor eing nterviewed n a university adio tationprogramme. rofessor ohn Poulos s a facutty member t the University f CaliforniaDavis chool f Law After practising aw n Catifornia, e ntroduced he aw school's irstcourse n white-cotlar rime.L4 << +.r Listen o the interview. Does Professor oulos hink that whitecollar crimeis less serious han, as serious s or more serious han violent treet crime?15 (i¿.r Listen again and decide whetherthese tatements re rue (T) orfalse(F), according o the professor.1 New echnology as ed o a decrease n white-collar rime,2 Street crime s generally unished more harshly han white-collar rime.3 Increasingly, hite-collar rime s committed y employees igh up in thecorporate hierarchy.4 The number f people who are victims of white-collar rime s significant.5 White-collar rime has had ¡ttle effect on the US economv.
We Need Your Support
Thank you for visiting our website and your interest in our free products and services. We are nonprofit website to share and download documents. To the running of this website, we need your help to support us.

Thanks to everyone for your continued support.

No, Thanks