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Viorica Corceac, Diana Cebotari

3. Offences against person

A Practical Course
LEAD IN
• Have you ever witnessed a crime? If so, tell us about it.
• If a person steals a loaf of bread because he needs to feed
his starving family, should he be punished?
• What crimes have you heard about recently in the news?
• List the most common crimes in our country.

VOCABULARY NOTES
1. Read, translate and memorize. 69
 culpable, adj. – deserving nected by blood or marriage;
blame; guilty;  custody, n. – the protective
 malice aforethought, n. – care or guardianship of some-
wrongful intention, the inten- one or something; parental re-
tion to kill or harm; sponsibility, especially as allo-
 liability, n. – the state of cated to one of two divorcing
being legally responsible for parents;
something;  indecent, adj. –   offensive to
 deliberate, adj. – done con- public moral values; not con-
sciously and intentionally; forming with generally accepted
 to aid, vb. – help or support standards of behaviour, especial-
(someone or something) in the ly in relation to sexual matters;
achievement of something; pro-  reckless, adj. –   heedless or
mote or encourage (something); careless; heedless of danger or
 to abet, vb. – encourage or the consequences of one’s ac-
assist (someone) to do some- tions; rash or impetuous;
thing wrong, in particular to  grievous, adj. –   very severe
commit a crime; or serious;
 disturbed, adj. – emotionally  wounding, n. – an injury, espe-
upset, troubled, or maladjusted; cially one in which the skin or
agitated or distressed; disrupted; another external surface is torn,
 relative, n. – a person con- pierced, cut, or otherwise broken.
Viorica Corceac, Diana Cebotari
2. Work with your vocabulary notes or dictionary. Give syno-
nyms to the following words.
to aid disturbed reckless wounding grievous
custody

3. Use the vocabulary notes in situations of your own.

READING
Offences against persons
The field of criminal law divides crimes into several categories.
Two broad categories of crimes are crimes against the person and
crimes against property.
Crimes against the person are the most serious crimes because
the offence involves physical harm to another person. Crimes
against the person are also called violent crimes for this reason.
The great majority of crimes against the person are felonies. The
main offences against persons are:
I. Homicide – the killing of a human being. It may be culpable
or non-culpable (lawful or unlawful) or excusable. It depends on
the circumstances in which the act of homicide takes place.
1. Unlawful homicide constitutes:
Murder that means the unlawful killing of a person by anoth-
er. Murder is committed when the killer acts with malice afore-
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thought. The punishment for murder is life imprisonment.
Manslaughter is the unlawful killing of a human being with-
English in use for Law-Enforcement

out malice aforethought. It may be voluntary (death results from


an assault made under provocation) or involuntary (death results
from an accident or from an unlawful act).
Motoring offences such as causing death by dangerous or care-
less driving.
2. Lawful homicide is for instance the lawful execution of a
criminal. Excusable homicide is the killing of a human being that
results in no criminal liability, like self-defence in a sudden con-
flict, or accident.
3. Genocide – a deliberate destruction of a national racial, re-
ligious or ethnic group defined by exterminators as undesirable.
Viorica Corceac, Diana Cebotari
4. Aiding and abetting suicide is an arrestable offence for a

A Practical Course
person to aid, abet or counsel for suicide.
II. Infanticide appears when a mother, by any willful act caus-
es the death of her child under 12 months old. She is guilty of
infanticide and not murder if her mind was disturbed because of
the effects of childbirth or lactation. The punishment is the same
as for manslaughter.
Child destruction and abortion is an offence to destroy the life
of an unborn child, unless necessary for the preservation of its
mother’s life.
Child destruction is when a person with intention destroys the
life of a child during the course of pregnancy or birth. Abortion is
the premature termination of a pregnancy. 71
III. Rape and other sexual offences are:
Unlawful sexual intercourse – when a man has sexual inter-
course with a woman who is under the age of 16, mentally defect-
ed or a blood relative.
Rape is an arrestable offence, when a man has sexual inter-
course with another person without his or her consent.
Defilement – when a man has unlawful sexual intercourse
with a girl under 13.
Seduction or prostitution – when a person having custody or
care of a girl less than 16 years old causes and encourages her
seduction or prostitution.
Incest appears when a man has sexual intercourse with a wom-
an whom he knows to be his daughter, granddaughter or mother;
or when a girl of 16 allows a man she knows to be her grandfa-
ther, father, brother or son to have sexual intercourse. Stepbroth-
ers and sisters are not blood relations.
Indecency includes indecent language or behaviour, indecent
exposure, indecency with children.
Buggery – sexual intercourse in an unnatural manner or with
an animal.
Bigamy is the act of marrying someone when already married
to someone else.
IV. Assaults and woundings/battery
Viorica Corceac, Diana Cebotari
Assaults are intentional or reckless acts causing another per-
son unlawful personal violence. Justifiable assaults happen un-
der the following circumstances: administrating lawful correc-
tion (parents punishing their children); self-defence, defence of a
member of the family; defence of property.
There are more kinds of assaults:
• Common assault (beating a person);
• Aggravated assault (by violence);
• Assault with intent to resist arrest;
• Assaults on police.
Woundings are of two kinds:
• Grievous bodily harms are unlawful and malicious woundings;
it is an arrestable offence, punished with five years imprisonment;
• Grievous bodily harms with intent are unlawful and malicious
woundings; the penalty is life imprisonment.

COMPREHENSION
I. Answer the questions.
1. Name the two broad categories of crimes.
2. What are the main offences against person?
3. How many types of homicide do you know?
4. What is the difference between murder and manslaughter?
5. What do you understand by infanticide?
72 6. What offences involving sexual intercourse can you define?
7. Is there a difference between rape and defilement?
8. Is incest ever permitted?
English in use for Law-Enforcement

9. What kind of assaults do you know?


10. What means a justifiable assault?
11. What types of woundings do you know?

II. Complete the sentences with suitable words.


1) Crimes against the _____________ are the most serious
crimes because the offence involves physical _____________
to another person. 2) The great majority of crimes against the
person are _____________. 3) _____________ is committed
when the killer acts with malice _____________. 4) Excusable
Viorica Corceac, Diana Cebotari
_____________ is the killing of a human being that results in

A Practical Course
no criminal _____________. 5) _____________ homicide is for
instance the lawful execution of a _____________. 6) And those
injuries have been inflicted with _____________ and premedi-
tated intent. 7) He was not guilty of murder, but guilty of aiding
and _____________ others. 8) The Dutch make a distinction be-
tween _____________ by marriage and relatives by blood. 9) In
a divorce, fathers control _____________ of sons over the age of
two and daughters over the age of seven. 10) _____________ are
intentional or _____________ acts causing another person un-
lawful personal violence. 11) Grievous bodily harms are unlawful
and malicious _____________.
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III. Translate the following text into English.
Martorul incidentului a declarat ofiţerului anchetator că l-a
văzut pe cel care a tras două focuri de armă asupra victimei. El a
descris suspectul după cum urmează:
„Suspectul era un bărbat alb, de talie mijlocie, în vârstă de
aproximativ 30 de ani. Avea părul negru tuns scurt şi mustaţă.
Purta un tricou de culoare deschisă şi pantaloni negri. După atac
s-a urcat într-o maşină albă, model japonez, cred, şi a părăsit locul
faptei în viteză. Asta-i tot ce îmi amintesc”.

IV. a) Using dictionaries and working in pairs, give defini-


tions to the following crimes.
e.g. Homicide is the killing of a human being.
homicide battery abduction slander libel hate crime
murder voluntary manslaughter

b) Complete the chart.


Crime Criminal Verb Definition
using violence for
terrorism terrorist to terrorise
political ends
blackmail
Viorica Corceac, Diana Cebotari

drug-traf-
ficking
assault
mugging
murder
smuggling
kidnapping
rape
robbery

c) Here are some words connected with law and crime. If


necessary, use a dictionary to help you check that you under-
stand what they all mean. Then divide them into three groups:
crimes, punishments, people connected with the law.
theft member of a jury judge smuggling witness
prison fine bribery detective hi-jacking flogging
community service probation traffic warden death penalty
rape drunken driving lawyer
Crimes Punishments People connected with the law

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V. Underline the most suitable word or phrase.
1. Sally didn’t realize that she had broken/countered/denied the law.
English in use for Law-Enforcement

2. The police have banned/cancelled/refused parking in this street.


3. I must remember to get a/an agreement/licence/permission for
my television.
4. The president admitted that there had been a breakdown of law
and crime/government/order.
5. Jim’s parents wouldn’t agree/allow/let him go to the demonstra-
tion.
6. Jake was arrested because he had entered the country falsely/
illegally/wrongly.
7. Talking to other students is against the law/orders/rules of the
examination.
Viorica Corceac, Diana Cebotari
8. The two men were arrested before they could commit/make/

A Practical Course
perform any more crimes.
9. I had to take the company to court/justice/law to get the money
they owed me.
10. Smoking is compulsory/prohibited/refused near the petrol
tanks.

VI. Match words in the box with a suitable description.


blackmailer forger hooligan murderer shoplifter
vandal hijacker kidnapper pickpocket smuggler
witness

1. This person takes control of a plane or boat by force _________.


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2. This person sees what happens during a crime or acci-
dent___________.
3. This person brings goods into the country illegally__________.
4. This person might steal food from a supermarket___________.
5. This person kills someone on purpose____________________.
6. This person takes people and demands money for their re-
turn___________.
7. This person makes illegal copies of paintings, documents, etc.
___________.
8. This person damages other people’s property_____________.
9. This person might steal your wallet in a crowd_____________.
10. This person gets money from others by threatening to tell
secrets____________.
11. This person causes trouble at football matches____________.

VII. a) Match the crime on the left with its definition on the
right.
Crimes Definitions
using force or threatening force to
arson 1 take control of an aircraft during a
flight
assault and bat- taking people or things illegally into
2 b
tery a country or place
Viorica Corceac, Diana Cebotari

an illegal sexual act that falls short


petty theft 3 c
of sexual intercourse
intentional damage to property by
burglary 4 d
setting fire to it
sexual intercourse with another
gross indecency 5 e
person without his or her consent
an attempt to influence an official
rape 6 by offering him or her some kind of f
reward
manslaughter 7 stealing objects of little value g
entering a place of habitation with
hijacking 8 h
the intention of stealing
intentional physical harm inflicted
smuggling 9 on a person without his or her con- i
sent
murder that is either unintentional
bribery 10 j
or else has mitigating circumstances

b) Match each description of a crime to the term by which


it is known.
A woman kills her husband after
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assault a finding him in compromising circum- 1
stances with another woman.
English in use for Law-Enforcement

A schoolboy smashes a shop window


grievous bodily
b and causes damage in the shop after 2
harm
a football match.
murder with A group of young men take an old
extenuating cir- c lady’s handbag after threatening her 3
cumstances with physical violence.
A lady slips a small piece of jewelry
shoplifting d into her handbag in a department 4
store.
Viorica Corceac, Diana Cebotari

A man attacks another man and in-

A Practical Course
vandalism e jures him so badly that the victim has 5
to undergo an operation.

c) Find logical correspondence between the following terms


(sometimes more than one connection can be made).

culpable homicide premature expulsion


genocide personal violence
mentally disturbed incest
rape girl under 13
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two years imprisonment infanticide
provocation non-culpable homicide
excusable exterminator
abortion manslaughter
defilement deception
daughter seduction

WRITING
1. Continue the story using the following words.
Amanda Green is the niece of a well-known millionaire. She was
kidnapped yesterday…
• calls/ made/ before • police/informed/immediate-
• Amanda/seen/last/park ly
• same day/ letter/ sent • all areas/ searched/ since yes-
• Amanda/released/ as soon terday
as/ kidnappers given $100.000 • Amanda/not found/ so far
Viorica Corceac, Diana Cebotari
2. Write a plan for committing a perfect crime. Include what
the crime would be, who would be involved in and why.
E.g. I would like my friend John to be involved because he’s an excel-
lent computer hacker.

3. You are on a cruise ship that sinks and you swim to an unin-
habited island (nobody lives there). There is no chance you will
be rescued, so you and the other survivors must start a new
society. Write the laws you think the new society should have.

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English in use for Law-Enforcement
Viorica Corceac, Diana Cebotari

A Practical Course
INFO BOX
DESCRIPTIONS IN POLICE WORK

Police officers will, on many occasions in their service, ei-


ther be required to describe a person or obtain a description.
The following checklist may be of help.
a) Full name, including any alias/ nickname
• Age: he/she is 20 years old; he is 20 years of age; he is aged 20;
he is a 20 year old youth; he is in his twenties/ early 20s/ late
20s; he is about/ approximately 20.
• Age group: school age / young/ middle aged/ old.
• Age range: under…/ over….
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b) Appearance
• Height: tall/ short/ medium height/ average height.
• Build: fat/ heavy/ medium/ slim/ thin/ slightly built/ well
built.
• Colour (ethnic origin): Caucasian or white European/ dark
European/ Asian/ Afro-Caribbean /Latin-American.
• Complexion: fresh/ ruddy/ pale/ pimply/ uses cosmetics.
• Hair: length/type- short/ long/ curly/ wavy/ bald/ colour-
dark/brown/blond/grey/dyed.
He has got dark hair/ he is dark haired.
• Hair on face (facial hair): beard/ moustache/ dark chin/stub-
ble.
• Eyes – colour of the eyes: blue, green, brown, etc.
He has got blue eyes/ he is blue eyed.
c) Distinctive (distinguishing) marks: birth marks/ moles/
warts/ scars/ tattoos/ deformity other identifying marks.
d) Characteristics and habits: drinking/ smoking/ known as-
sociates.
e) Dress (clothing): smart/ casual/ sporting/ scruffy/ vagrant.

DISCUSSION
• What is a description?
Viorica Corceac, Diana Cebotari
• Why do we use descriptions in police work?
• What should you pay particular attention to when compiling a
description of a person?
• When compiling a description of property what details should
you pay particular attention to?
• Are there any special skills required for police officers in pro-
ducing a reliable and accurate description of things which they
have seen?

Activity 1
• Think about the members of your class. Try to describe one of them
so accurately that all the others in the class would identify that per-
son from your description. The checklist may be of help to you- but
obviously you do not mention his/her name yet!

Activity 2
• Try to build up a complete description of yourself.

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English in use for Law-Enforcement

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