UNIT TWO

Task 1. Read and translate the text.

FELONY AND MISDEMEANOR
The most important classification of crime in general use in the United States is
that of felony and misdemeanor. The distinction is usually spelled out by the statute or
(far less frequently) by the constitution. In the modern codes, it is sometimes provided
that a crime punishable by death or imprisonment in the state prison (or penitentiary) is
a felony, and that any other crime (i.e., any crime punishable only by fine or by
imprisonment in a local jail or both) is a misdemeanor. The practical effect of that
dividing line is usually such that these statutes indirectly state what the statutes in
almost all other jurisdictions expressly declare: that any crime punishable by death or
imprisonment for more than one year (or, occasionally, for one year or more) is a felony
and that any other crime is a misdemeanor. The typical provision, in whichever of these
two forms it may be found, uses the word “punishable” or the phrase “which may be
punished.”
Thus in the United States most criminal statutes defining specific crimes do not
themselves label as felonies or misdemeanors the crimes which they describe, leaving
the matter to be determined by reference to the punishment provided (according to the
place or to the length of confinement). Some statutes defining crimes provide that
whoever is guilty of certain described conduct shall be guilty of a felony (or shall be
guilty of a misdemeanor), sometimes without setting forth any punishment.
What difference does it make whether a particular crime is labelled a felony or
misdemeanor? It may be important to make the distinction for purposes either (1) of the
substantive criminal law, or (2) of criminal procedure, or (3) of legal matters entirely
outside the field of criminal law.
So far as the substantive criminal law is concerned, there are a number of crimes
whose elements are defined, or whose punishment is stated, with reference to felonies as
distinguished from misdemeanors. Burglary as defined at common law is breaking and
entering another's dwelling house at night with intent to commit a felony. An accidental
death in the commission or attempted commission of a felony may constitute murder
under appropriate circumstances, but an accidental death resulting from the commission
of or attempt to commit a misdemeanor generally can constitute no more than
manslaughter. At common law parties involved in felonies are divided into principals
and accessories, from which fact various consequences followed, whereas with
misdemeanor all parties are considered principals. The punishment clauses of criminal
statutes are infrequently worded in terms of felony or misdemeanor; thus a criminal
conspiracy (or attempt) statute may provide for one punishment in the case of a
conspiracy (or attempt) to commit a felony, and a lighter punishment where there is a
conspiracy (or attempt) to commit a misdemeanor, in that part of the substantive
criminal law dealing with justifiable homicide, the rule of justification is sometimes
worded in terms of felony as distinguished from misdemeanor. Thus it may under
appropriate circumstances be justifiable homicide (i.e., no crime at all) intentionally to
kill as a last resort in order to prevent the commission of a felony (but not to prevent the
commission of a misdemeanor), or in order to effect the lawful arrest of, or prevent the
threatened escape of, a felon (but not a misdemeanant).
In the area of criminal procedure, many of the procedural rules depend upon
whether the crime in question is a felony or a misdemeanor. A court's jurisdiction over a
crime is classified as a felony or a misdemeanor. The law of arrest distinguishes
between arrest for a felony and misdemeanor. In some jurisdictions, felonies must be
prosecuted upon a grand jury indictment, whereas an information will do a
misdemeanor. As accused felon must generally be present as his trial, though a
misdemeanant may agree to be tried in his absence. A witness, including a criminal
defendant who testifies in his own behalf, may be impeached on the ground of former
conviction of felony, but not of misdemeanor, in some jurisdictions. Habitual criminal
statutes normally provide for increased criminal punishment where the defendant has a
record of prior convictions of felonies (but not of misdemeanors). The rules relating to
probation and parole may differ depending upon whether the defendant has been
convicted of a felony or a misdemeanor.
 VOCABULARY
Task 2. Study the following and explain the difference between the legal terms.
1. Penitentiary (= a reformatory or correctional prison) originally referred to an
ecclesiastical offence (i.e., a person appointed to deal with penitents). The idea of
reform is embedded in the root meaning. Although for some time rehabilitation was not
a major objective of American prisons, today it is on the rise.
2. Jail. A place where persons awaiting trial or those convicted of misdemeanors are
confined. – Also spelled (esp. in BrE) gaol. – Also termed holding cell; lockup;
jailhouse.
3. Prison. A state or federal facility of confinement for convicted criminals, esp. felons.
– Also termed penitentiary; penal institution; adult correctional institution.
4. Indictment; information; presentment. In the federal courts of the U.S., a
distinction exists between these charging instruments. Any offense punishable by death,
or for imprisonment for more than one year or by hard labor, must be prosecuted by
indictment; any other offense may be prosecuted by either an indictment or an
information. An information may be filed without leave of court by a prosecutor, who
need not obtain the approval of a grand jury. An indictment, by contrast, is issuable only
by a grand jury. E.g., “In some states, while the grand jury still functions, it has lost a
great deal of its importance, since the district attorney can begin the case with a simple
‘information’, which does as well as the indictment.” Max Radin, The Law and You 110
(1948).
Presentments are not used in American federal procedure; formerly, a
presentment was “the notice taken, or statement made, by grand jury of any offense or
unlawful state of affairs from their own knowledge or observation, without any bill of
indictment laid before them” (W2).
Though a historical transference of meaning, indictment, which originally
referred to the accusation of the grand jury, came to signify in the 16 th century the
document containing the accusation. In both AmE and BrE, indictment may refer to the
proceeding or to the charging instrument known more particularly as bill of indictment.
See arraignment
5. Grand jury. A. Generally. In most American states, a prosecutor cannot
proceed in a case involving a felony or serious misdemeanor without first coming
before a body of (often 23) people who are chosen to sit permanently for at least a
month – and sometimes a year – and who, in ex parte proceedings, decide whether an
indictment should be issued. This body is known as a grand jury. If the grand jury
decides that the evidence is strong enough to hold the suspect for trial, it returns a true
bill, i.e., a bill of indictment, charging the suspect with a specific crime.
The grand jury was abolished in England – with insignificant exceptions in
London and Middlessex – in 1933. Even these exceptions were wiped away by the
Criminal Justice Act 1948.
Historical variants of the phrase grand jury include presenting jury, accusing
jury, and jury of indictment.
B. And petit jury. Whereas a grand jury determines whether sufficient evidence
exists to accuse a person of a crime and to bring a criminal prosecution, a petit jury
ultimately determines the guilt or innocence of the accused and may convict only when
the government has proved guilt beyond a reasonable doubt.
6. Excuse; justification. In many areas of the law, these terms are used
interchangeably. But they have undergone DIFFERENTIATION in criminal law.
An excuse is a defence that arises because the defendant is not blameworthy for
having acted in a way that would otherwise be criminal. Traditionally, the following
defences were excuses: duress, entrapment, infancy, insanity, and involuntary
intoxication.
A justification, by contrast, is a defence that arises when the defendant has acted
in a way that the criminal law does not seek to prevent. Traditionally, the following
defences were justifications: the defendant’s choice of a lesser harm or evil, consent,
defence of others, defense of property, self-defense, the use of force to make an arrest,
and the use of force by public authority.
 7. Probation. A court imposed criminal sentence that, subject to stated
conditions, releases a convicted person into the community instead of sending the
criminal to jail or prison.
8. Parole (= the conditional release of a prisoner from prison before the full
sentence has been served. Although not available under some sentences, parole is usu.
granted for good behaviour on the condition that the parolee regularly report to a
supervising officer for a specified period) has long been the standard term in AmE; it
existed in British military terminology in a related sense from the 17 th century, and in
this century has become standard in BrE in the American sense. Ticket-of-leave and
order of licence were earlier BrE variants; release on licence is still a common
equivalent in British legal contexts.

Task 3. With your own examples illustrate the difference between the above-given
terms. You may use legal cases.

Task 4. Make up situations using the vocabulary related to Criminal law issues.

Task 5. Answer the following questions using the above given information.
1. What documents are called indictment, information, presentment?
2. Are there similar documents in Russian criminal procedure?
3. Explain the functions of the grand jury.
4. Explain the difference between penitentiary, jail, prison.

EXERCISES ON THE TEXT

Task 1. Answer the following questions.
1. Give the definition of felony and misdemeanor. 2. How are the offences classified? 3.
What is the practical effect of this classification? 4. Why is it important to make this
distinction? 5. Give examples to prove that this classification is important for the
problems of criminal law, criminal procedure, legal matters outside the field of criminal
law.
Task 2. Paraphrase or provide synonyms for the underlined terms.
1. The most important classification of crime in general use in the United States is that
of felony and misdemeanor.
2. The distinction is usually spelled out by the statute or (far less frequently) by the
constitution.
3. Thus in the United States most criminal statutes defining specific crimes do not
themselves label as felonies or misdemeanors the crimes which they describe, leaving
the matter to be determined by reference to the punishment provided (according to the
place or to the length of confinement).
4. Some statutes defining crimes provide that whoever is guilty of certain described
conduct shall be guilty of a felony (or shall be guilty of a misdemeanor), sometimes
without setting forth any punishment.
5. What difference does it make whether a particular crime is labelled a felony or
misdemeanor?
6. So far as the substantive criminal law is concerned, there are a number of crimes
whose elements are defined, or whose punishment is stated, with reference to felonies as
distinguished from misdemeanors.
7. An accidental death resulting from the commission of or attempt to commit a
misdemeanor generally can constitute no more than manslaughter.
8. At common law parties involved in felonies are divided into principals and
accessories, from which fact various consequences followed, whereas with
misdemeanor all parties are considered principals.
9. Thus it may under appropriate circumstances be justifiable homicide (i.e., no crime at
all) intentionally to kill as a last resort in order to prevent the commission of a felony
(but not to prevent the commission of a misdemeanor).
10. In some jurisdictions, felonies must be prosecuted upon a grand jury indictment,
whereas an information will do a misdemeanor.
11. A witness, including a criminal defendant who testifies in his own behalf, may be
impeached on the ground of former conviction of felony, but not of misdemeanor, in
some jurisdictions.

Task 3. Find in the text English equivalents of the following terms.

1. правовая система _______________________________________________
2. тюремное заключение ___________________________________________
3. проникновение в жилое помещение _______________________________
4. намерение совершить преступление _______________________________
5. смерть в результате несчастного случая ____________________________
6. исполнитель ___________________________________________________
7. пособник ______________________________________________________
8. лишение жизни при исключающих преступность деяния обстоятельствах
__________________________________________________
9. при определенных обстоятельствах _______________________________
10. крайняя мера _________________________________________________
11. осуществить законный арест ____________________________________
12. угроза побега _________________________________________________
13. процессуальные нормы _________________________________________
14. усомниться в показаниях свидетеля ______________________________
15. признание виновным ___________________________________________
16. условное наказание ____________________________________________
17. условно досрочное освобождение ________________________________

Task 4. Open the brackets using the appropriate legal term.

1. Johnson wasn’t going to spend 13 years in ___________ waiting to be released; he
made up his mind to escape.
2. In the USSR criminal executive law the role of ___________ as ___________, a
correctional institution was considered very important.
3. While the principal was awaiting trial in ___________, his accessories continued
committing different crimes.
4. If it were not for his highly qualified lawyer, he would have been sent to
___________ for the murder he had committed.
5. The perpetrator committed a felony and that’s why he must be tried by a
___________.
6. The ___________ convicted of an attempt of criminal conspiracy as the
___________ in a mob crime was directed to serve his sentence to the ___________.
7. The criminal was released on ___________ after serving only half of the length of
his ___________ as he had been convicted of a ___________ and had no record
___________.
8. The man was found not guilty of murder because the defense proved all the
circumstances appropriate for a ___________. The victim had attempted to commit a
___________ and the act of the defendant was the ___________ to prevent the
crime.

Task 5. Match the legal term with its definition.

1. principal a. A written accusation submitted by a public officer specifying
charges against an individual.
2. accessory b. A prison.
3. probation c. The sentence imposed by the judge when the defendant is not
imprisoned.
4. parole d. One who in a secondary role, knowingly aids or contributes to
the commission of a crime.
5. jail e. An accusation by a grand jury.
6. indictment f. One who commits a crime, as opposed to an “accessory”
7. information g. Release of the defendant after he has served part of his prison
sentence.

Task 6. Put in the missing prepositions.

1. Studying law calls ___ a lot of patience. 2. There is a great need ___ extra evidence
in this case. 3. It never occurred ___ the lawyer to ask the neighbor for the evidence. 4.
It was mean ___ you not to speak in his favor at trial. 5. The police are looking ___ the
case of the missing diamonds. 6. Look ___ ___ pickpockets when you’re in the market;
they are everywhere. 7. You need to show your passport as proof ___ your identity. 8.
He made ___ an excuse not to attend the trial. 9. They’ve put ___ the hearing till
tomorrow. 10. The court clerk has to put ___ everything that is said in the courtroom.
11. The counsel was satisfied ___ the outcome of the trial. 12. The young hooligans
were sentenced ___ four months in prison. 13. The bank guard ran ___ the thief.

TOPICS FOR DISCUSSION

1. The principle of gravity in classification of crimes in Russian jurisdiction.
2. Advantages and disadvantages of American felony and misdemeanor principle.
3. Can there be a justifiable homicide. Give the example.
4. May homicide be a misdemeanor under some jurisdictions?
5. Relationship between felonies and misdemeanors and punishment.

GRAMMAR REVIEW
Task 1. Rewrite the following sentences using the Complex Object and translate them.
1. He wants (the scene of the crime/ to examine). _________________________
2. The inspector waited (all possible fingerprints/ to find).
________________________________________________________________
3. She waited (he/ to summon all his courage). ___________________________
4. Jane couldn’t bring (herself/ to plead guilty). __________________________
5. After five hours I began to long (the trial/ to be over).
________________________________________________________________
6. He heard (the burglar/ to open) the door ____________________________ but he
made (himself/ to remain calm). _________________________________
7. The prosecutor made (the hostile witness/ to give) _____________________
sufficient evidence to clarify the events.
8. I’ll get (the detective/ to carry out) ____________________ the investigation.
9. I won’t have (you/ to talk) ________________ in court in such an arrogant manner.
10. I can arrange (she/ to keep) __________________ in hospital for several days.
11. I rely (you/ to defend) this man during the trial. _______________________

Task 2. Replace the words in italics by those given in brackets.

1.The defendant wanted the barrister to discharge ___________________ the functions
of Counsel for Defense (to long). 2.The prosecuting counsel tried to persuade the
accused to admit ___________________ to the offence (to make). 3.He made a few
vain attempts to make the witness talk ___________________ (to get). 4.I hope you will
allow me to go on with my investigation of the crime___________________ (to let). 5.
I don’t rely on you to convince ___________________ him of it (to count). 6. I
expected the suspect to say ___________________ something in reply but he kept silent
(to wait). 7. We knew the man to be a first-class cheater ___________________ (to
believe). 8.The mugger considered himself to be extremely lucky to escape
___________________ (to think). 9. We saw the judge taking notes
___________________ and realised that he was preparing for summing up the evidence
(to watch).

Task 3. Change the sentences using the Complex Subject.

1. It is reported that the technique of developing impressions from the scene of the
crime is a very advanced one. _____________________________________
2. It seems that the probable cause of the death is established.
________________________________________________________________
3. It is supposed that each Signatory replaces the members of International Military
Tribunal or his alternate for reasons of health or another good reasons.
________________________________________________________________
4. It is known that the accused man is under suspicion for a similar case.
________________________________________________________________
5. It is known that British people are liable for jury service between 21 and 60.
________________________________________________________________6. It is
considered that some of the assaults are qualified as felonies and some of them as
misdemeanors. _____________________________________________
7. It is alleged that the crime was committed on a certain day, as it was specified in the
charges. ____________________________________________________
8. It turned out that the man was in hospital and he could prove this by a medical
certificate. _______________________________________________________
9. It appeared that the young barrister was a very efficient lawyer in handling cases in
court. ____________________________________________________
10. It happened that the policeman on duty was in the vicinity and he managed to arrest
the robber. ________________________________________________

Task 4. Translate into English using the complex subject.

1. В какой день вероятнее всего начнется слушанье дела? 2.Когда-нибудь публика
обязательно узнает всю правду о злоупотреблениях властью правящих кругов.3.
По всей вероятности, этот молодой юрист сделает блестящую карьеру. 4.
Казалось, подозреваемый что-то утаивает в своем рассказе. 5. Я случайно узнал,
что по законам некоторых штатов проникновение в чужое жилище с намерением
совершить кражу с 9 вечера до 6 утра считается фелонией. 6. Так случилось, что в
этот момент я смотрел в окно и видел все, что происходило на улице. 7.
Расследование оказалось гораздо сложнее, чем казалось сначала. 8. Полагают, что
соглашение по этому вопросу будет достигнуто в ближайшем будущем. 9.
Ожидается, что полицейские из Калифорнии проведут конференцию и поделятся
опытом с коллегами. 10. Сообщают, что дело наркодельца из Чикаго продлится
еще много месяцев, пока же подозреваемый выпущен под залог.

Task 5. Fill in the gaps with articles.

1. ___ Statutes which reflect ___ English common law are understood to always be
interpreted in ___ light of the common law tradition, and so may leave ___ number of
things unsaid because they are already understood from pre-existing case law and
custom. 2. By ___ contrast, some laws are purely statutory, and may create ___ new
cause of action. ___ example of this would be ___ tort of Wrongful Death. 3. It allows
certain persons, usually ___ spouse or ___ child or ___ estate (наследник), to sue for
___ damages on behalf of ___ deceased.4. There is no such tort in English common
law; thus, any state that lacks ___ wrongful death statute will not allow ___ lawsuit for
___ wrongful death of a loved one. 5. Where ___ wrongful death statute exists, ___
damages or compensation available are limited to those outlined in ___ statute
(typically, an upper limit on ___ amount of damages). 6. ___ Courts generally interpret
___ statutes that create new causes of action narrowly – that is, limited to their precise
terms – because they have no common law precedent for guidance. 7. Where ___ tort is
grounded in common law, then ___ damages traditionally recognised historically for
that tort may be sued for, whether mentioned in ___ current statutory law or not. 8. For
instance, ___ person who sustains bodily injury through the negligence of another may
sue for ___ medical costs, ___ pain, ___ suffering, ___ loss of earnings or earning
capacity, ___ mental and/ or emotional distress, ___ loss of quality of life, ___
disfigurement, and more. 9. These damages need not be set forth in statute as they
already exist in ___ tradition of common law. However, without ___ wrongful death
statute, most of them are extinguished upon ___ death. 10. An old saw (in states with no
or low wrongful death damages) stated that it was better to back up and over ___ person
to insure his death and limit your exposure!

Task 6. Render the text into English

Действующее, в том числе и реформированное за последние годы
законодательство американских штатов придерживается традиционного деления
преступных деяний на две основные категории — фелонии и мисдиминоры. К
фелониям относятся более тяжкие деяния, которые наказываются лишением
свободы на срок свыше одного года, а к мисдиминорам — менее тяжкие.
Различия между ними играют весьма существенную роль при квалификации
преступлений, в сфере уголовного процесса, в условиях отбывания наказания и в
правовых последствиях осуждения. Так, фелония либо одна только цель ее
совершения нередко служит отягчающим обстоятельством, прямо
предусмотренным законом (например, при убийстве и проникновении в чужое
помещение). Возможности ареста полицейским человека, подозреваемого в
мисдиминоре (а не в фелонии), значительно ограничены. Уголовно-
процессуальное законодательство некоторых штатов считает необязательным
участие защитника, а иногда и обвиняемого в судебном разбирательстве дел о
мисдиминорах. Осужденные за фелонию, как правило, отбывают наказание в
карательных учреждениях более строгого режима, а после его отбытия лишаются
права занимать публичные должности.
В свою очередь, фелонии и мисдиминоры делятся на несколько "классов", в
зависимости от которых устанавливаются пределы наказаний:
Обычно фелонии делятся на три - пять ("А", "В", "С" и т.д.), а мисдиминоры - на
два или три класса. Сущность и практическое значение такой классификации
состоит в том, что она предопределяет рамки наказаний, назначаемых за
преступные деяния соответствующей категории.
Основными элементами системы наказаний, сложившейся в США,
являются смертная казнь, лишение свободы, пробация и штраф. Как
дополнительные наказания применяются конфискация имущества, возложение
обязанности возместить причиненный ущерб, лишение прав, трудовые услуги в
общественных интересах и др.