Crime and Punishment.

Words and expressions

The definition of a “crime” has always been a matter of difficulty and no really satisfactory definition of a “crime” has yet been evolved. You may say that “crime” is a violation of the public rights and duties, which is punishable by the State. But a distinction must be drawn between breaches of law which are crimes and those which are merely illegal without being criminal.

Besides, there are some acts, which are crimes in our 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 the Netherlands. However, there are quite a lot of agreements among states as to which acts are criminal.

No one knows why crime occurs. Since the 18^th century various scientific theories have been advanced to explain crime. But since the mid-20^th century, the notion that crime can be explained by any single theory has fallen into disfavour among investigators. They explain it by so-called multiple factor, which includes biological, psychological, cultural, economic and political reasons.

As a general rule “crime” involves guilty conduct (actus Reus) and guilty intention (mens Rea).

Treason, sabotage, banditry, desertion at a time of war, armed robbery, premeditated murder, rape under aggravating circumstances and certain other singularly dangerous social crimes are qualified as particularly grave offences. In such an event deprivation of liberty of up to 15 years may be applied or the death sentence which is regarded as an exceptional measure. (The death penalty was abolished in Britain in 1969.)

The purpose of punishment is to reform the offender and to rehabilitate him, on the other hand when punish, we warn other people of what will happen if they break the law.

Criminal sentences ordinarily embrace four basic modes of punishment. In descending order of severity these are: incarceration, community supervision, fine, and restitution. The death penalty is now possible only for certain types of atrocious murders and treason. It is never applied in respect to persons under 18. The majority of criminal sanctions are confined to short terms of deprivation of liberty and penalties not involving deprivation of liberty: corrective labour and public censure.

Criminal and civil procedures are different.

Criminal actions are nearly always started by the state. Civil actions are started by individuals. The party brining a criminal action is called the prosecution, but the party brnging a civil action is called the plaintiff. In both kinds of action the other party is known as the defendant.

Types of punishment: community service, fixed penalty fine, suspended sentence, short-term imprisonment, probation, long-term imprisonment, capital punishment, life imprisonment, disciplinary training in a detention centre.

Types of crime: murder, shoplifting, rape, manslaughter, fraud, selling drugs, drinking and driving, robbery, possession of a gun without a licence, fight in a club, treason, theft, arson, pickpocketing, terrorism, blackmail, mugging, smuggling, bribery, burglary, hijacking, kidnapping, trespass

Курс 5 семестр.