Закон в силе - Law Booster I. Дроботенко Ю.Б - 23 стр.

Read the text                                                                                A common defense to resisting arrest is that the officer acted with
                                                                                     excessive force. While an arrestee is expected to comply with an officer's
L    Misdemeanors (Part II).                                                         reasonable actions to affect an arrest, the arrestee is allowed to defend him-
        The following types of crimes can be referred to what is known as            self from unreasonable, excessive force used by the officer.
misdemeanors.
        Theft (also known as stealing) is in general, the wrongful taking of                DUI (driving under intoxication), or drunk driving, means driving
someone else's property without that person's willful consent and with the           or operating a motor vehicle in a public place while intoxicated. It is usually
intent to permanently deprive the owner or the person with rightful posses-          a misdemeanor. This offense can also be defined as a DWI, or driving while
sion of that property or its use. So it is composed of two elements, the actus       intoxicated, or an OWI, meaning operating while intoxicated. All three
reus – the unauthorized taking or use – and the intent to deprive – the mens         charges are punishable to differing degrees depending on each state's laws.
rea. Thus if one goes to a restaurant and accidentally takes someone else's                 If you are arrested for drunk driving, you may be asked to take a
hat or scarf instead of one's own, one has deprived someone of the use of            blood or breath test. The decision whether or not to take the test may be an
their property and has taken the other person's property in an unauthorized          important one. You do have the right to refuse the test. However, your re-
manner but without the intent to deprive the person of their property there is       fusal could cause you to lose your driver's license for up to one year. Your
no criminal act (actus reus) and thus no crime.                                      refusal will also be made known to the court.
        If you are arrested for shoplifting, it can be a serious crime which can            The police will forward all evidence, including the results of the
be a misdemeanor or a felony, depending on the item taken. For example,              blood alcohol test, to the prosecutor's office, where a decision about whether
petty larceny, which is stealing an item worth less than a certain dollar            to prosecute will be made. If they decide to prosecute, you should obtain a
amount, is a misdemeanor. Over that amount, the offense is grand theft,              good lawyer with considerable experience in this field. Depending on the
which is a felony. The dollar amounts that determine petty larceny or grand          court proceedings, officer testimony, and test results, you may be charged
theft vary from state to state.                                                      with a DUI, DWI, or OWI. Usually these charges incur large fines, jail time,
        A store owner or someone who works for the owner generally has the           and community service, along with the suspension of driving privileges.
right to detain a person they suspect of shoplifting in order to investigate the            Although state laws vary, many states follow the Uniform Vehicle
possible crime. This investigation must take place in a reasonable amount of         Code. It defines reckless driving as "willful or wanton disregard for the
time. Generally, the owner or employee can't look inside the person's bag            safety of persons or property."
without permission, unless they actually saw the person steal something, or                 In order to charge someone with reckless driving, the prosecutor must
the item is in plain view. If this is not the case, the store would either have to   show that a driver did not care about the harm resulting from his or her driv-
let the person go or call the police to conduct any further investigation. The       ing, and that the driver should have realized such driving posed a hazard.
owner or employee can't loudly accuse the suspect in front of other custom-          When another person is killed as the result of reckless driving, the offending
ers and must not be rude or offensive during questioning.                            driver may be prosecuted for vehicular homicide, which is punishable by
                                                                                     imprisonment and a fine.
        Resisting an arrest is a misdemeanor. It is also a misdemeanor to in-
terfere with an officer while he is engaged in official duties. Resisting arrest
                                                                                     1. Find in the text the sentences, the schemes of which are given below
typically comes in the form of an arrestee physically struggling with an offi-
                                                                                        and translate them from English into Russian.
cer as he tries to place on handcuffs, or when the arrestee struggles as he is
being placed in a patrol car or jail cell.                                                a. … is in general … without that … and with the intent… or the per-
        Interfering with the duties of an officer typically occurs when a per-               son with … or its use.
son attempts to physically restrain an officer to prevent the arrest of another,          b. So it is composed of …, the …– and the – … .
or when a person is verbally abusive or taunting an officer as he is engaged              c. If you are … for, it can be … which can be a … or a …, depending
in his duties.                                                                               on … .
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