Elements of proof

Defenses

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CRIMINAL LAW

КОНТРОЛЬНАЯ РАБОТА № 3

Регулирование
Элемент
Стандарты
Кодифицированная система
Детализированный
Дефиниция (определение)
Ограничивать
Ментальный
Госпиталь
Интоксикация
Специфический
Латинские термины
Акты
Алкоголь
Интерпретация
Доктор
Персона (лицо)
Принцип
Генеральный (главный, основной)
Система

1. To consider to be wrong	Предъявлять доказательства своей невиновности
Can be punished by the state	Субъективная сторона преступления
To be guilty of a crime	Быть невиновным
To show evidence of one’s innocence	Преступление в состоянии аффекта
Codified system	Исполнитель преступления
Criminal state of mind	Считать ошибочным
Actus reus	Злой умысел
Mens rea	Может быть наказано государством
Definition of a murder	Обвиняемый
Malice aforethought	Быть виновным в преступлении
Crime of passion	Определение убийства
Principal murderer	Смягчать приговор
To recognize as self-defense	Преступное намерение
A defendant	Защищать себя
To avoid guilt	Кодифицированная система
To be innocent	Объективная сторона
To protect oneself	Особые обстоятельства
To mitigate one’s crimes	Признавать в качестве самообороны
Specific circumstances	Избегать признания виновным
20. To lessen the sentence	Смягчить свою вину

1. A part of public law
2. Relations between citizens and the state
3. Elements of proof
4. Common law systems
5. Codified system
6. Case law
7. A precise statute
8. Actus Reus
9. Mens Rea
10. Crime of murder
11. Malice aforethought
12. In case of insanity
13. Mental hospital
14. Mental illness
15. Unlawful killing

1. Can be punished by the state

2. To be considered guilty of a crime

3. To show evidence of one’s innocence

4. To prove one’s guilt according to high standards

5. Can be explained

6. To avoid guilt

7. To excuse one’s act

8. To allow the defense of duress

9. To force to commit a crime

10. To be charged as a principle murderer

11. Cannot be found guilty

12. To require careful proof

13. not to be sent to a prison

14. To be harmed

15. May be used as a defense

1. Вставьте пропущенные слова.

1. Guilt
2. a defense
3. to commit a crime
4. insanity
5. a defendant
6. responsible for
7. the principal murderer
8. mental illness
9. a secondary party
10. the defense of duress

If actus and mens have been proved, __1___may still avoid __2___ if he can show he has__3___ - a reason the court should excuse his act. Different systems of law recognize different and usually limited sets of defenses. For example, English law sometimes allows __4__– being forced __5__ because of threats that you or someone else will be harmed if you don’t. Duress may be used as a defense against the charge of murder as __6__ (helping the murderer), but is not available if the defendant is charged as __7__.

Another defense is that of __8___. In most countries a person cannot be found guilty of a crime if in a doctor’s opinion he cannot have been __9__ his actions because of __10__. But this defense requires careful proof. If it is proven the defendant will not be sent to a prison, but instead to a mental hospital.

CRIMINAL LAW

What is a crime?

Crime was categorized as a part of public law – the law regulating the relations between citizens and the state. Crimes can be thought of as acts which the state considers to be wrong an which can be punished by the state. There are some acts which are crimes in one country but not in another. There are some acts which are crimes in one country but not in another. For example, it is a crime to drink alcohol in Saudi Arabia, but not in Egypt. It is a crime to smoke marijuana in England, but not (in prescribed places) in the Netherlands. It is a crime to have more than one wife at the same time in France, but not in Indonesia.

In many legal systems it is an important principle that a person cannot be considered guilty of a crime until the state proves he committed it. The suspect himself need not prove anything, although he will of course help himself if he can show evidence of his innocence. The state must prove his guilt according to high standards, and for each crime there are precise elements which must be proven. In codified systems, these elements are usually recorded in statutes. In common law systems, the elements of some crimes are detailed in statutes; others, known as “common law crimes”, are still described mostly in case law. Even where there is a precise statute, the case law interpreting the statute may be very important since the circumstances of each crime may be very different.

For example, the crime of theft is defined in England under the 1968 Theft Act as:

dishonestly appropriating property belonging to another with the intention of permanently depriving the other of it.

There are further definitions of each element of the definition, such as appropriating, which may mean taking away, destroying, treating as your own, and selling. The same Act also defines in detail crimes such as burglary (entering someone’s land without permission intending to steal or commit an act of violence) and robbery (using force or threats in order to steal from someone). Although the Theft Act was intended to cover many possible circumstances, it is still often necessary for the courts to refer to case law in order to apply the Act to a new case. For example, in the 1985 case of R. vs. Brown, the defendant argued he couldn’t be guilty of burglary since he reached through the window of a house without actually going inside. However, the court decided a person can be judged to have “entered” a building if gets close enough to be able to remove something from it.

There are usually two important elements to a crime: (i) the criminal act itself; and (ii) the criminal state of mind of the person when he committed the act. In Anglo-American law these are known by the Latin terms of (i) Actus Reus and (ii) Mens Rea. The differences between these can be explained by using the crime of murder as an example.

In English law there is a rather long common law definition of murder: The unlawful killing of a human being under the Queen’s Peace, with malice aforethought, so that the victim dies within a year and a day.

It might be argued that a person is not responsible for his actions if he is intoxicated – drunk or under the influence of drugs. In fact, an intoxicated person may not even know what he is doing and thus lacks mens rea. However, in Britain and many other countries, there is a general principle that people who knowingly get themselves intoxicated must be held responsible for their acts. Consequently, intoxication is not a defense.

Nearly every system of law recognizes the defense of self-defense. In English law, a defendant can avoid guilt for injuring someone if he can convince the court that the force he used was reasonable to protect himself in the circumstances. In some countries, shooting an unarmed burglar would be recognized as self-defense, but in other it might be considered unreasonable force.

The concept of defense should not be confused with that of mitigation- reasons your punishment should not be harsh. If a person has a defense, the court finds him not guilty. It is only after being found guilty that a defendant may try to mitigate his crimes by explaining the specific circumstances at the time of the crime. In France, the defense of crime of passion is sometimes used to lessen the sentence: that your act was directly caused by the unreasonable behavior of your lover.

Дата добавления: 2017-01-14