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lines or comprehensive criteria for distinguishing between crimes that require a mental clement and crimes
that do not.
The criminal law recognizes certain excuses that may limit, or overcome criminal responsibility. In
rare instances, mistake of law may serve as an excuse; more common is ignorance or mistake of fact. The
defense of entrapment may also be used to escape criminal responsibility. While the police may employ
undercover agents or decoys, they are permitted to use such techniques only to detect criminal activity, not
to instigate it. Lack of mental capacity can also operate as a defense to criminal prosecution. Thus, infancy,
insanity and intoxication may in some cases serve as an excuse for the commission of a crime.
A criminal prosecution begins when there is probable cause to believe that the accused committed the
crime. The accused is then arrested — either with or without a warrant, depending upon the circumstances
— and is brought before the magistrate for a preliminary hearing to determine whether there are sufficient
grounds to hold the accused for trial. Subsequent to this hearing, the prosecutor must either file an
information stating the charge or ask the grand jury for an indictment, a formal declaration of charges.
Thereafter, the defendant is arraigned, brought before a judge to enter his plea. If he pleads not guilty, the
case goes to trial; if he pleads guilty, the judge will impose a sentence.
The defendant in a criminal case is entitled to certain protections spelled out in the Constitution. These
include the right to be free from unreasonable searches and seizures; the prohibition on government against
prosecuting a person twice for the same offense (double jeopardy); the right against self-incrimination; the
right to a speedy trial; the right to cross examine; the right to counsel; and the prohibition against cruel and
unusual punishment.
Task 3. Answer the following questions.
1.What is crime?
2.What may classifications of crime depend on?
3.How does the former classification categorize crimes?
4.Is it necessary to commit the intended crime to be found guilty of a criminal offence?
5.Can a person be convicted of an attempt?
6.How may the guilt of one party, an agent, a corporation be imputed?
7.What does the criminal law recognize?
8.What may serve as an excuse for the commission of a crime?
9.When does a criminal prosecution begin?
10.What certain protections spelled out in the Constitution is the defendant entitled to?
Task 4. Pick out from the text all the word combinations with the following words and give their
Ukrainian equivalents.
Conspiracy, criminal responsibility, criminal consequences, intent requirement, entrapment, charge, to
impose a sentence.
Task 5. Complete the following expressions choosing a suitable preposition from the list below.
Translate them into Ukrainian.
For, without, of, by, with, on, in
1.Criminal Law is that part of the Iaw of the land which is concerned … crimes.
2.A crime, according to the doctrine of the Common Law is made up … an outward act and the state
of mind of the criminal.
3.Sometimes mens rea may take the form of negligence or mental inadvertence, as in manslaughter …
neglect.
4.A jury cannot convict … such evidence alone, for the law does not consider it sufficiently reliable to
warrant a conviction.
5.In the United States the distinction between a felony and a misdemeanor lies … in how it is
punishable, not degree of infamy of the offence.
6.An act is said in the criminal law to be done maliciously if is done intentionally … a just cause …
excuse
Task 6. Translate the sentences and pay special attention to the underlined words or phrases.
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