Закон в силе - Law Booster I. Дроботенко Ю.Б - 25 стр.

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C. 1. to have a right to detain
2. to suspect of
3. to investigate the crime
4. to steal smth.
5. to accuse the suspect
6. during questioning
D. 1. to interfere with an officer
2. to be engaged in duties
3. to place on handcuffs
4. to be placed in a jail cell
5. to act with excessive force
6. to comply with the officer’s actions
E. 1. to drive a motor vehicle
2. while intoxicated
3. to take a blood or breath test
4. to lose one’s driver's license
5. forward all evidence
6. officer testimony
7. the suspension of driving privileges
6. According to the text, complete the following table. Present the in-
formation to your groupmates.
Types of
misdemeanors
Background
for conviction
Possible
punishment
Possible
defence
… …
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Read the text …
L
Misdemeanors (Part III).
Affray is the fighting of two or more persons in a public place to the
terror (in French: а l'effroi) of the lieges. The offence is a misdemeanor at
English common law, punishable by fine and imprisonment.
A fight in private is an assault and battery, not an affray. As those en-
gaged in an affray render themselves also liable to prosecution for assault,
Unlawful Assembly, or Riot, it is for one of these offences that they are usu-
ally charged. Any private person may, and constables and justices must, in-
terfere to put a stop to an affray.
The Indian Penal Code (sect. 159) adopts the English definition of af-
fray, with the substitution of actual disturbance of the peace for causing ter-
ror to the lieges. The Queensland Criminal Code of 1889 (sect. 72) defines
affray as taking part in a fight in a public highway or taking part in a fight of
such a nature as to alarm the public in any other place to which the public
have access.
Assault is a crime of violence against another person. In some juris-
diction, assault is used to refer to the actual violence, while in other jurisdic-
tions (e.g. some in the United States, England and Wales), assault refers only
to the threat of violence, while the actual violence is battery. Simple as-
saults do not involve weapons; aggravated assaults do.
Assault is often defined to include not only violence, but any physical
contact with another person without their consent. When assault is defined
like this, exceptions are provided to cover such things as normal social inter-
course (for example, patting someone on the back).
English law makes distinctions based on the degree of injury, between:
common assault (which can be even the most minor assault)
assault with actual body harm (ABH)
assault with grievous body harm (GBH)
In many common law jurisdictions, the crime of battery involves an
injury or other contact upon the person of another in a manner likely to cause
bodily harm. Battery is often broken down into gradations for the purposes
of determining the severity of punishment. For example:
battery may include any form of non-consensual, harmful or insult-
ing contact, regardless of the injury caused;
Sexual battery may be defined as non-consensual touching of the
intimate parts of another;
   C. 1. to have a right to detain                                        Read the text …
      2. to suspect of
      3. to investigate the crime                                         L    Misdemeanors (Part III).
      4. to steal smth.                                                           Affray is the fighting of two or more persons in a public place to the
      5. to accuse the suspect                                            terror (in French: а l'effroi) of the lieges. The offence is a misdemeanor at
      6. during questioning                                               English common law, punishable by fine and imprisonment.
                                                                                  A fight in private is an assault and battery, not an affray. As those en-
   D. 1. to interfere with an officer                                     gaged in an affray render themselves also liable to prosecution for assault,
      2. to be engaged in duties                                          Unlawful Assembly, or Riot, it is for one of these offences that they are usu-
      3. to place on handcuffs                                            ally charged. Any private person may, and constables and justices must, in-
      4. to be placed in a jail cell                                      terfere to put a stop to an affray.
      5. to act with excessive force                                              The Indian Penal Code (sect. 159) adopts the English definition of af-
      6. to comply with the officer’s actions                             fray, with the substitution of actual disturbance of the peace for causing ter-
                                                                          ror to the lieges. The Queensland Criminal Code of 1889 (sect. 72) defines
   E. 1. to drive a motor vehicle                                         affray as taking part in a fight in a public highway or taking part in a fight of
      2. while intoxicated                                                such a nature as to alarm the public in any other place to which the public
      3. to take a blood or breath test                                   have access.
      4. to lose one’s driver's license                                           Assault is a crime of violence against another person. In some juris-
      5. forward all evidence                                             diction, assault is used to refer to the actual violence, while in other jurisdic-
      6. officer testimony                                                tions (e.g. some in the United States, England and Wales), assault refers only
      7. the suspension of driving privileges                             to the threat of violence, while the actual violence is battery. Simple as-
                                                                          saults do not involve weapons; aggravated assaults do.
                                                                                  Assault is often defined to include not only violence, but any physical
6. According to the text, complete the following table. Present the in-   contact with another person without their consent. When assault is defined
   formation to your groupmates.                                          like this, exceptions are provided to cover such things as normal social inter-
                                                                          course (for example, patting someone on the back).
                                                                                  English law makes distinctions based on the degree of injury, between:
 Types of          Background        Possible        Possible                         • common assault (which can be even the most minor assault)
 misdemeanors      for conviction    punishment      defence                          • assault with actual body harm (ABH)
       …                  …                  …              …                         • assault with grievous body harm (GBH)
                                                                                  In many common law jurisdictions, the crime of battery involves an
                                                                          injury or other contact upon the person of another in a manner likely to cause
                                                                          bodily harm. Battery is often broken down into gradations for the purposes
                                                                          of determining the severity of punishment. For example:
                                                                                  • battery may include any form of non-consensual, harmful or insult-
                                                                          ing contact, regardless of the injury caused;
                                                                                  • Sexual battery may be defined as non-consensual touching of the
                                                                          intimate parts of another;


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