II. COMPREHENSION

TEXT 1

I. Warming up

1. Answer the following questions:

1) What action can be considered a crime?

2) What is the main difference between a tort and a crime?

3) What crimes are the gravest from the point of view of Ukrainian law?

2. Match the following English words and expressions with their Ukrainian equivalents:

3. Choose the correct variant of pronunciation of the letters in bold in the following words:

guilty [ui] [iu] [i]

physical [u] [i] [ai]

indictment [ai] [ei] [i]

conviction [i] [i:] [ai]

legally [e] [ea] [i:]

4. Read the text and tell:

- what the crime is;

- what the elements of the crimes are.

Definition and Elements of the Crime in English Law

In English legal tradition crime is defined as an act or omission that violates the law and is 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 statute as a crime, no indictment or conviction for the commission of such an act can be legally sustained. This provision is important in establishing the difference between government by law and dictatorial government.

1. Answer the following questions using the information from the text:

1) What is a crime?

2) What can be crimes dangerous for?

3) What does a crime include?

4) What is actus reus / mens rea?

5) Give an example of actus reus / mens rea.

6) How can the difference between government by law and dictatorial government be shown?