Text 3 defenition and elements of the crime in English law

Exercise 2.5 Look at the following situations, then decide which crime has been, or is being committed in each case.

1. TV Newsreader: Police believe the fire was started deliberately at around 2 o’clock this morning when burning paper was pushed through the letterbox. They are appealing for witnesses to the event.

a) assault;

b) arson;

c) assassination

2. Shop assistant: I can’t accept this $ 20 note, madam. It’s a fake.

Customer: What? You mean it’s counterfeit?

Shop assistant: I’m afraid so. Do you have other means of payment?

a) fraud;

b) blackmail;

c) forgery;

3. Police officer: I’m sorry sir, but I have to report your actions to the proper authorities.

Man: Look, officer, here’s $50. Let’s just pretend this didn’t happen, eh?

a) bribery;

b) bigamy;

c) burglary;

4. Man reading newspaper: I don’t believe it! The Foreign Minister has been caught giving government secrets to another country!

a) mugging;

b) trespassing;

c) treason;

5. Man: Look at this note, Cheri. It arrived in the post today. It says ‘Leave $ 10, 000 in cash in the bin by the bus stop, or I’ll tell everyone your dirty secret’.

Woman: Don’t worry about it, Tony. It’s probably another little joke from him next door.

a) bribery;

b) blackmail;

c) hijacking;

6. TV newsreader: The car bomb went off in a busy marketplace, injuring several shoppers.

a) homicide;

b) fraud;

c) terrorism;

Exercise 3.1 Study the vocabulary:

1) mens rea	1) злочинний намір
2) actus reus	2) злочинна дія
3) injurious to society	3) шкідливий для суспільства
4) as distinguished	4) типовий злочин
5) be accomplished by	5) супроводжуватися (чимось)
6) omission	6) бездіяльність
7) intent	7) намір

Exercise 3.2 Read and translate the text:

In English legal tradition crime is defined as an act or omission that violates the law and I punishable by the state. Crimes are considered injurious to society or the community, as distinguished from torts and breach of contract.

As defined by law, a crime includes both the act, or actus reus, and the intent to commit the act, or mens rea.

Actus reus is Latin for “guilty act” and is the physical element of committing a crime. It may be accomplished by an action, by threat of action, or exceptionally, by an omission to act. For example, a parent’s failure to give food to a young child also may provide the actus reus for a crime.

Where the actus reus is a failure to act, there must be a duty. A duty can arise through contract, a voluntary undertaking, a blood relation with whom one lives, and occasionally through one’s official position.

Mens rea is another Latin phrase, meaning “guilty mind”. A guilty mind means an intention to commit some wrongful act. Intention under criminal law is separate from a person’s motive. If Mr. Hood robs from rich Mr. Nottingham because his motive is to give the money to poor Mrs. Marion, his “good intentions” do not change his criminal intention to commit robbery.

Unless the act of which a defendant is accused is expressly defined by state as a crime, no indictment or conviction for the commission of such an act can be legally sustained. This provision is important is important in establishing the difference between government by law and dictatorial government.

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