|
|
Read the text and translate it . While reading the text try and find answers to these questions.
1. What is referred to as “controlled substances?” 2. What places are usually defined as “disorderly houses?” 3. What sort of crimes can be committed by “false pretenses?” 4. Is the mode of writing important in the crime of forgery?
PARTICULAR OFFENSES
(Part 3)
Controlled Substances –Certain narcotics, stimulants, depressants and other mind-altering drugs are collectively referred to as “controlled substances,” and both federal and state laws have been enacted which make it a crime to possess or sell such substances without a medical prescription or for some other legitimate purpose. It may also be a crime to possess or sell the implements, such as syringes and pipes, which are employed in the illegal use of such substances. Intoxicating liquors, and the problems associated with them, have given rise to a vast body of regulatory and penal statutes, both federal and state. Counterfeiting –The crime of counterfeiting involves the making of a copy without authority with a view to deceive or defraud by passing the copy as original or genuine. Counterfeiting can involve the copying of currency, coinage or stamps of the United States, or other things, such as objects of art. Desertion and Non-Support –The failure of a parent and head of household to fulfill a legal obligation to support a family, and for the desertion of that family, has been made into the crime of desertion and non-support in some jurisdictions. Disorderly House –A “disorderly house” is defined in some jurisdictions as a place where acts are performed that tend to corrupt the morals of the community or to promote breaches of the peace, or as a place kept for the purpose of public resort for thieves, drunkards, drug addicts or prostitutes. It is the behavior of the occupants rather than the physical character of the place that makes it a disorderly house. To constitute the offense of maintaining a disorderly house, a single act or occurrence is not generally sufficient; there must
usually be recurrence of the disorderly or immoral acts on the premises.
Escape –The crime of “escape” consists of the act of unlawful departure of a legally confined prisoner from custody, or the act of a prisoner in regaining liberty before having been released in due course of law. As distinguished from escape, some jurisdictions have a separate offense entitled “prison breach” (jail breaking), which involves a breaking and escape from prison by means of the use of force. “Rescue” is the crime of a third person, other than the official custodian, who directly or indirectly aids another person to escape from proper custody. A related offense is harboring or concealing escaped prisoners. “America’s estimated prison population reached 2 million [at the start of the 2000s], up from 1 million at the start of the 1990s” [24].
Extortion and Blackmail –The taking of money or property from another by the latter's consent, but with the consent having been obtained through the wrongful use of force or fear under circumstances not amounting to robbery. The difference between extortion and robbery is that in order to constitute robbery, property must be taken against the will and without the consent of its possessor, whereas in extortion consent is obtained, though unwillingly and by wrongful means. Blackmail is the extortion of money or other property as the price exacted for the nondisclosure of discreditable secrets. Many statutes define blackmail as the extortion of money from a person by threats of accusation or exposure, or threats of public prosecution; the extortion of hush money; a bribe to keep silent; or the obtaining of property from a person as a condition of refraining from making an accusation or disclosing some prejudicial secret.
False Pretenses –The crime of obtaining property by false pretenses is the making of an intentionally false statement concerning a material fact which the victim of the offense relies upon and parts with title and possession of property. To be guilty of this offense, the accused must have had knowledge of the falsity of the representations or pretenses at the time they were made, unless they were made recklessly and without information justifying a belief they were true. Also, something of value must have been obtained and that person giving up the property relied upon the misrepresentations and was actually deceived. Some statutes refer to this crime as obtaining money or property by a “confidence game,” which occurs when one person leads another to repose trust in the former with a view toward taking advantage of the confidence of the latter. In some states, the making of false or fraudulent statements in advertising is an offense. Firearms or Weapons—The criminal laws of all jurisdictions make it an offense to carry certain kinds of weapons in particular areas in a concealed fashion without a permit or to discharge a weapon in certain places.
Forgery –The false making or material alteration of any writing with intent to defraud when the writing, if genuine, would be the foundation of some legal liability. The mode of writing is immaterial, as there may be forgery by stamping, engraving or typewriting, as well as by handwriting. The term “falsely,” as applied to the making or altering of a writing in order to make it a forgery, does not refer to the contents or the facts stated in the writing; rather, it contemplates that the paper or writing is not genuine, that in itself it is false or fraudulent. Hence, a false statement of fact in the body of an instrument, such as a false assertion of authority to write another's name, is not forgery. Where authority is given to sign the name of another to a writing, whether oral, written, express or implied, there can be no forgery. A concomitant of the act of forgery is the “uttering” of a forged instrument, which consists in offering to another the forged instrument with the knowledge of its falsity and with intent to defraud. Gambling or Gaming –An agreement between two or more persons to risk money or property in a contest of chance. Most forms of betting or wagering are contemplated by this definition. In addition, the persons who promote, organize or control a gambling operation can be held accountable if they receive any profits from the activity, even if not acting as gamblers themselves. In some states certain types of gambling are lawful when under the strict control of the government, such as lotteries, parimutual betting on horse and dog races, and in off-track betting parlors.
Harboring Criminals—A person who, knowing that a felony has been committed by another, receives, comforts or assists the felon can, in some jurisdictions, be guilty of the crime of being an accessory after the fact [1].
Vocabulary notes
Vocabulary work
4. Match the words on the left with the definitions on the right:
5. Match the words on the right with the suitable attributes on the left:
Не нашли, что искали? Воспользуйтесь поиском по сайту: ©2015 - 2024 stydopedia.ru Все материалы защищены законодательством РФ.
|
