Unit 3 Criminal Law

1. Unit 3 Criminal Law

2. Warm-up Discussion In-class Reading Oral Practice After-class Reading Enjoying Yourself

3. and Part 1 Thinking Discussion

4. Questions 1. What is a crime? 2. How many classifications of crime are there as far as you know? 3. What is the relationship between criminal law and punishment? 4. Why do some individuals possess tendencies that lead them to commit acts of violence and predation: robbery, assault, rape, and other felonies? 5. What sets the habitual or occasional criminal apart from the mainstream of society? 6. What can be done to “change” criminals into productive, law-abiding citizens? 7. What are the two functions of Criminal Law? 8. What is crime prevention? Why do we need it? 9. What are the causes of crime?

5. and Part 2 In-class Reading Seeing

6. TextⅠ Crime and Punishment To gain some knowledge about the criminal law

7. TextⅠ Crime and Punishment Terms: omission, tort, trust, common assault, the aggrieved party, dismissal of a complaint, felony cf. misdemeanor, violation, disorderly conduct, death penalty, life imprisonment, mala in se cf. mala prohibita, principle of legality, substantive cf. procedural law, equal protection of the laws

8. Outline of Text I Ⅰ. (para. 1-4) Definitions • A. (para 1) What is a crime? • B. (para 2) What is a wrong? • C. (para 3-4) Overlapping of a civil wrong and a crime Ⅱ. (para. 5-10) Classifications • A. (para 5) Various criteria of Classification • B. (para 6-7) Classification according to degree of penalty attached • C. (para 8-10) Classification according to degree of “evil” involved Ⅲ. (para. 11-12) The principle of legality and five requirements for constituting a crime • A. (para 11) Maxims of “No crime without law and no punishment without law” • B. (para 12) Five requirements for a conduct to merit any punishment

9. Terms omission 懈怠; 不履行法律责任；不作为 tort 民事侵权行为 -damage, injury, or a wrongful act done willfully, negligently, or in circumstances involving strict liability, but not involving breach of contract, for which a civil suit can be brought trust 信托 -the confidence reposed in a trustee when giving the trustee legal title to property to administer for another, together with the trustee’ obligation regarding that property and the beneficiary common assault 普通侵犯他人身体（指不严重侵犯他人身体），普通企图伤害（罪）

10. Terms the aggrieved party 受害方，受损方 dismissal of a complaint 驳回诉讼 felony 重罪(如谋杀、抢劫、放火等) *cf. misdemeanor 轻罪 violation 违法行为；违反、违犯、违背；侵犯、侵害、妨害；强奸 disorderly conduct 扰乱社会治安行为、不规矩的行为、目无法纪行为 death penalty (also capital punishment) 死刑 life imprisonment (also life sentence) 无期徒刑

11. Terms mala in se 自然犯、自然罪行；本质不合法 cf. mala prohibita 法律所禁止的行为（指不法行为或犯罪行为） principle of legality 法制原则、法定主义 substantive cf. procedural law 实体法/程序法 equal protection of the laws 法律的平等保护

12. Definition of crime by the Criminal Law of PRC 1997 Article 13 All acts that endanger the sovereignty, territorial integrity, and security of the state; split the state; subvert the political power of the people's democratic dictatorship and overthrow the socialist system; undermine social and economic order; violate property owned by the state or property collectively owned by the laboring masses; violate citizens' privately owned property; infringe upon citizens' rights of the person, democratic rights and other rights; and other acts that endanger society, are crimes if according to law they should be criminally punished. However, if the circumstances are clearly minor and the harm is not great, they are not to be deemed crimes.

13. B. Partial translation • 1. have been concerned with the issues of crime and juvenile delinquency • 2. was finally convicted of first degree murder • 3. was exempt from prosecution • 4. in the name of the State Prosecutor • 5. pleaded not guilty

14. Translation • 1. 如果法官认为被告因其犯罪性质或其他因素对公众存在危险，他可能会裁定不准保释。 • 2. 如果每一位警察、检察官，每一个法院、执行机关都严格按照精密详尽的法律规定履行职责，刑法将变得很有秩序，但却令人无法忍受。 • 3. 我们被要求去保护被告，不是因为他无罪，而是因为一位热情的公务官员超越权限制造了诱饵。法院不管是谁制造了诱饵，只管是谁受到了诱惑。

15. Translation • 4. Criminal responsibility is not to be borne for damage resulting from an act of urgent danger prevention that must be undertaken in order to avert the occurrence of present danger to the state or public interest or the rights of the person, property rights, or other rights of the actor or of other people. • 5. Where the victim has suffered economic loss as a result of a criminal act, the criminal element, in addition to receiving criminal sanctions according to law, shall in accordance with the circumstances be sentenced to make compensation for the economic loss.

16. and Part 3 Learning Speaking

17. Task1 the Seven Deadly Sins What are the seven deadly sins? They are wrath (or anger), sloth (laziness) envy, greed, gluttony (eating too much for pleasure), pride and lust. And they are bad for you. They are also the flavors of a new version of Magnum ice-creams recently brought out by Unilever. Some European church leaders have even been getting angry about the new ice-creams (even though that is a deadly sin). They claim that sins are a serious matter and that eating the ice-creams with these names will encourage people to turn away from the church. Others, outside the churches, believe that it will be good publicity for the churches on the basis that there is no such thing as bad publicity. Certainly the manufacturers must be happy about the free publicity caused by churches complaints.

18. More seriously, a few years ago, Tred Pryer Seminars drew up a classification of people, who were difficult to work with, based on the seven deadly sins. They identified seven classic types of deadly sinners. The Autocratic Dictator keeps others down and is quickly angered and unpredictable. The Critical Advice Giver thinks they are the world expert of everything and looks down on every one else. The Tight Lip doesn’t communicate except in angry monosyllables. The Back Stabber spreads nasty rumors about people and then acts all innocent. The Fault Finder finds problems with everything and blames everyone else. The Soothing Delayer pleasantly refuses to do things and tells people not to worry…. The Downer thinks that everything is going to get worse and depresses everyone.

19. Exercise 1 1. How did Unilever use the name of sins in its business? 2. What flavor (sin) ice-cream is your favorite? 3. What other sins would you add to the list?

20. Exercise2 With your partner create a situation describing a sin without mentioning it by name, the others guess the sin described.

21. Exercise3 Vocabulary Speaking 1. What kind of people is it easy / difficult to work with? Use the list of the adjectives given below. unreliable flexible spontaneous dishonest extrovertcautious insensitive consistent indecisive enthusiastic selfish cooperative creative unfriendly

22. and Part 4 After-class Reading Seeing

23. Text Ⅱ Criminal Proceedings • words: (the prosecution’s or the defense’s) case, plea, custodial, proceeds (pl.) • phrases: parties to (a case / a contract), give evidence on oath, by way of, of itself, at one’s discretion, be deducted from, under (an act / a contract / an agreement / a convention, etc.), in the interests of • terms: arraignment, preliminary hearing, motion, rebuttal evidence, (judge’s) instruction, jury verdict, adversary cf. inquisitorial system, summons (singl.), adjournment, committal proceedings, mitigation, direct cf. cross examination (of the witnesses) • proper names: the Criminal Justice Act 1972, the Powers of Criminal Courts Act 1973, the Trade Descriptions Acts 1968-72

24. Outline of Text II Ⅰ. (para. 1) General introduction Ⅱ. (para. 2-3) Procedures before trial Ⅲ. (para. 4-5) The trial IV. (para. 6-9) Compensation

25. Terms arraignment n. 传讯 *arraign v. to call (an accused person) before a court to answer the charge made against him or her by indictment, information, or complaint preliminary hearing 审前听讯, 预审 motion 动议 -an application made to a court for an order or a ruling *moving party 动议方 non-moving party 非动议方 rebuttal evidence 反驳证据

26. Terms (judge’s) instruction (to the jury) 法官就案件涉及的法律方面问题给陪审团的说明或指示 (jury) verdict 陪审团的裁定 * verdict of guilty 有罪裁定 verdict of not guilty无罪裁定 adversary cf. inquisitorial system （庭审）抗辩制（普通法系）/ 纠问制（大陆法系） summons (singl.) (pl. summonses) n. 传票 vt.传唤到法院 *serve sb. with a summons (=serve a summons on sb.) 把传票送达某人 take out a summons against sb. 发出传票传讯某人

27. Terms adjournment 休庭 committal proceedings 交付审判 mitigation 减刑，（英）减轻其他证据效力的论据；减轻责任的辩护 direct cf. cross examination 直接质询/交叉质询

28. Proper names the Criminal Justice Act 1972 1972年刑事司法法案 the Powers of Criminal Courts Act 1973 1973年刑事法院权力法案 the Trade Descriptions Acts 1968-72 1968-72年《商品说明法》

29. and Part 5 Enjoy Yourself Fun to learn

30. Monkey Business A police officer came upon a terrible wreck where the driver and passenger had been killed. As he looked upon the wreckage a little monkey came out of the brush and hopped around the crashed car. The officer looked down at the monkey and said "I wish you could talk." The monkey looked up at the officer and shook his head up and down. "You can understand what I'm saying?" asked the officer. Again, the monkey shook his head up and down. • "Well, did you see this?" • "Yes," motioned the monkey. • "What happened?" • The monkey pretended to have a can in his hand and turned it up by his mouth.

31. "They were drinking?" asked the officer. • "Yes." • "What else?" • The monkey pinched his fingers together and held them to his mouth. • "They were smoking marijuana?" • "Yes." • "Now wait, you're saying your owners were drinking and smoking before they wrecked." • "Yes." • "What were you doing during all this?" • "Driving" motioned the monkey.

32. Culture Salon America

33. 1. Now, have a discussion on the following question: Americans have a saying “Time is money.” How do you understandit? reference Time is a precious resource. Time can bring profits. If we make good use of time and work efficiently, we may expect good results and big profits. On the contrary, if we work with tardiness, we’ll waste our precious time and gain less than we should gain. Therefore, time is really money and saving time is just like saving money. As individuals, we should treasureour limited time and let every minute count

34. In America, there’s another saying about time: “We are slaves to nothing but the clock.” How do you understand this saying? reference American culture is a time-conscious culture and people value time highly. Time is treated as if it were something almost real. Many people have a rather acute(敏感的) sense of the shortness of each lifetime. Time is always ticking(滴答响) in their inner ear. As a result, sometimes people just feel helpless in front of time. They are under control of time and are slaves to the clock.

35. 1.  1.Time works wonders. 2. Time tries truth. 时间创造奇迹。 时间检验真理。

36. 3. Time is the best healer. 4. Time and tide wait for no man. 时间是治愈创伤的良药。 时间不等人。（时不我待。）

37. 5. All time is no time when it is past. 机不可失，时不再来。

38. For Fun 1. What fruit is never found singly? Answer: a pear (pair)

39. 2. Why are young men unwilling to date the daughter of the Fortunes? Answer: Because she is Miss. Fortune. (misfortune)

40. Thank you!