Criminal Law | Mens Rea | Crimes

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  , 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.
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