Juvenile justice is the area of criminal law applicable to persons not old enough to be held responsible for criminal acts. In most states, the age for criminal culpability is set at 18 years. Juvenile law is mainly governed by state law and most states have enacted a juvenile code. The main goal of the juvenile justice system is rehabilitation rather than punishment.
Juveniles can be transferred into adult court if the juvenile court waives or relinquishes its jurisdiction.
State statutes creating juvenile courts and providing methods for dealing with juvenile delinquency have generally been upheld by courts as an acceptable extension of state police power to ensure the safety and welfare of children. The doctrine of parens patriae authorizes the state to legislate for the protection, care, custody, and maintenance of children within its jurisdiction.
The federal role in the field has largely been that of funder and standard setter. Congress passed the Juvenile Delinquency Prevention and Control Act in 1968. This was later revised in 1972, and renamed the Juvenile Delinquency Prevention Act. The stated purpose of the act is to assist states and local communities in providing community based preventative services to youths in danger of becoming delinquent, to help train individuals in occupations providing such services, and to provide technical assistance in the field.
The Federal Juvenile Delinquency Act defines juvenile delinquency (any act that is otherwise a crime, but is committed by someone under 18 years of age) and sets forth rules by which state laws must comply with regard to juvenile court procedures and punishments.
UNIT 13
' CONVERSATION
What are you doing?
I am reading a newspaper.
How long have you been reading it?
I have been reading it for half an hour.
What are you doing?
I am reading a book.
How long have you been reading?
I have been reading for an hour.
FOCUS ON GRAMMAR AND PRACTICE
| COMPLEX OBJECT |
, p. . , , . ( ) , .
| I know this lawyer (him) to work successfully. | , . |
| I want you to come at 5. | , 5 . |
| He watched them discussing the problem. | , . |
, (), () .
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) to want (); to wish, to desire (); should (would) like ( );
) to expect (); to think (); to believe (, ); to suppose (); to consider (); to find ();
) , , to command (); to ask (); to allow (), etc.
. , , .
, , , , :
to see (); to hear (); to notice (); to feel (); to observe, to watch (), etc.
to :
| I noticed him enter the room. | , . |
| He saw the police struggling with the crowd. | , . |
: to make " , " to .
| He made him do this work. | . |
p P II , .
| He saw his career ruined. | , pp. |
m 1. .
Example: I want to be introduced to Mr. Brown. (you)
I want you to introduce me to Mr. Brown.
1. The injured man wanted to be examined. (doctor)
2. I dont like to be asked personal questions. (strangers)
3. He expected to be informed on the progress in the investigation. (detective)
4. I should like to be introduced to him. (his friend)
5. He wants to be treated properly. (the chief)
m 2. .
Example: I heard him. He was answering the phone call.
I heard him answering the phone call.
1. I saw him. He was filling the form out.
2. I noticed him. He entered the hotel.
3. I will let you. You will have my camera for the evening.
4. I noticed him. He was standing at the corner.
5. They watched him. He talked to the man.
m 3. .
1. I think the demand for lawyers to be constantly increasing.
2. The author believes governmental programmes to require new lawyers.
3. He found the tension among various groups to be critical.
4. They expected the charges against him to be serious.
5. He saw them talking to the lawyer.
6. She considered counseling to be the most time-consuming part.
m 4. , Complex Object.
1. .
2. , .
3. , .
4. , .
5. , .
& READING
TEXT A
.
| homicide | , |
| felony | |
| malice aforethought | |
| intentional | |
| deliberation | , |
| premeditation | , |
| harsh | , |
| accomplice | |
| to contemplate | , |
| manslaughter | |
| negligent | |
| kidnapping | |
| to extort | |
| ransom | |
| to confine | |
| aggravated | |
| robbery | |
| assault and battery | |
| weapon | , |
| imminent | , |
| consent | |
| life and limb |
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1. What is homicide?
2. What is murder?
3. What is the difference between first and second degree murder? What is the difference in punishment?
4. What is a felony-murder rule?
5. What is manslaughter?
6. What is robbery / kidnapping / assault and battery?
CRIMES AGAINST THE PERSON
Homicide is the killing of another human being; some homicides are excusable and others are crimes, usually felonies. Murder is a killing with "malice aforethought", which means an intentional killing.
The necessary intent needs only be an intention to cause great bodily harm or other actions taken with the knowledge that someone's death will probably result. Murder is in the second degree unless there is a showing of deliberation and premeditation, in which case it is first-degree murder. No minimum time period or amount of planning is necessary to constitute deliberation and premeditation.
In some jurisdictions there is a felony-murder rule stating that any killing that takes place during the course of any felony will constitute murder. Under some circumstances, such as a killing during the commission of felony punishable by life imprisonment, it may be ranked as murder in the first degree. First-degree murder has a more severe penalty than second-degree murder, such as death penalty or life imprisonment with no parole.
A killing that takes place unjustifiably but in the heat of passion or under provocation is considered unintentional and, therefore, is defined as the less serious offence, or manslaughter. In addition, grossly reckless behavior, such as driving a car while under the influence of a strong dosage of drugs or narcotics, may constitute manslaughter if someone's death results.
There are many other crimes against the person. Kidnapping is the forcible confining or taking of a person against his will.
Robbery is the stealing of somebody's property by using force against the person with custody of the property or by threatening that person and putting him in fear.
Assault and battery is an unjustified and intentional touching of another person with an intent to injure that person. An assault is simply an attempted assault and battery or a threat of an imminent assault and battery that puts someone in immediate and reasonable fear. Simple assault or simple assault and battery are usually misdemeanors.
There are numerous kinds of aggravated assaults, most of which are felonies. Some of them are aggravated by an additional element of intent, such as assault with an intent to murder, rape, or rob.
TEXT B
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ASSAULT
The tort of assault is often mistaken for the tort of battery. Battery involves freedom from the awareness of an impending battery. No touching is necessary, only the impending threat of a battery coupled with some act toward accomplishing that battery.
Throwing a punch and hitting someone is a battery. Throwing a punch and missing is an assault. The injury to the victim is not physical but mental. It is the awareness that a battery is about to be committed.
Awareness is not the same as fear. A weakling can assault the toughest fighter, even though the fighter is not afraid, merely by making the fighter aware that a battery will occur.
The assailant must have an apparent and present ability to carry out the battery for an assault to exist. The word apparent is used to show that an assault may occur even when the assailant does not, in fact, have the ability to commit a battery. The victim only has to reasonably believe that a battery is about to be committed against him. One who lunges at another with what looks to be a knife commits an assault even if he has no intention to stab the victim or if the knife is actually rubber. As long as the victim was reasonable in his awareness that he was about to be stabbed, an assault occurred.
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The victim must also reasonably believe that the battery is impending. No assault is committed when the alleged assailant is too far away from the victim to harm him. Nor does an assault occur when the alleged assailant merely prepares to take some action, as when he shows a weapon, such as a blackjack. By the same token, words alone are not an assault, no matter how threatening. It has been generally thought that words do not produce an awareness of an impending touching.
An assault is committed, however, when violent words are accompanied by an act, which, without the words, would be inoffensive. For example, in a heated verbal exchange between two enemies, one raises his arm to scratch his head. The combination of words and gesture may create a reasonable awareness of a forthcoming battery, which in other circumstances may be unjustified.
UNIT 14
' CONVERSATION
What are you doing?
Im writing a report.
How long have you been writing it?
I've been writing it since morning.
Oh, it's afternoon already and you may have a rest.
You are right! Let's have a bite.
Hi! What's the matter?
I've been looking for the book and can't find it anywhere.
What book?
About the Judicial System of Great Britain.
Don't worry! I've taken it.
FOCUS ON GRAMMAR AND PRACTICE
| COMPLEX SUBJECT |
. . :
) : to say (), to report (), to expect (), to know (), to think (), to consider (), to show (), to see (), to find (), to hear (), to observe (), to reveal (), to estimate (), to believe (), to suppose (, ).
| He is said to live here. | , . |
) : to seem, to appear, to happen, to chance, to prove, to turn out.
| He appears to be wounded. | , . |
: to be likely (); to be unlikely ( ); to be certain (); to be sure ().
.
| He is likely to go there. | , . |
. - . . , .
, , , , .
| He is said to live here. | , . |
| He is said to have lived here. | , . |
| The problem is thought to be discussed at the meeting. | , ( ). |
m 1. .
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Example: They know it. He lived here.
He is known to have lived here.
1. He will come late. We expect him. 2. He was killed in an accident. They say so. 3. He was a judge. They know it. 4. He talked to her. They saw it. 5. Birmingham is about 150 km. from London. It is common knowledge. 6. The crime rate will increase. It is certain. 7. The city is famous for its industry. They say so.
m2. .
1. p, p p p. 2. , p p. 3. , , p. 4. , p, p p .
5. , p p.
& READING
TEXT A
1. .
| arson | |
| rock | |
| to flood | |
| burglary | |
| to break | , |
| to thrust | , |
| to rob | |
| trespass | |
| larceny | |
| to deprive | |
| possession | |
| lawn mower | |
| to remove | , |
| nevertheless | , |
| title | , |
| ownership | , |
| fraud | |
| to abandon | , |
| intimidation | |
| mugger | |
| scuffle | , |
| to snatch |
2. .
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1. What is arson / vandalism / burglary / larceny / robbery?
2. What is the punishment for these crimes?
3. What is an essential element of burglary?
4. What are essential elements of larceny?
5. What kinds of larceny are described in the text?
6. What is the difference between robbery and larceny?
