Lesson 02 - Division of Law

NOTE: claimant… expression used in England,

plaintiff...expression used in USA and formerly in England

TEXT 2:

Criminal law is the body of rules defining the offences against the community at large. It regulates how suspects are investigated, charged and tried. The law also provides the punishments for convicted offenders. This is also termed as penal law. The ‘wrong’ in criminal law is known as a ‘crime’ or an ‘offence’. These are acts considered to be harmful to society as a whole. The person who commits the crime is a ‘criminal’ or an ‘offender’. The person who suffers is the victim. In a criminal law proceeding, it is the state which tries to bring justice to the victim. The state is represented by a prosecutor; the charged person is known as the defendant. Because of the potential loss of liberty and personal rights involved, the standard of evidence in criminal cases is higher than in civil cases. The job of the prosecutor is to prove that the defendant committed the crime. There is a presumption that the defendant is innocent until proven guilty. The prosecutor has to demonstrate a very high level (burden) of proof against the defendant i.e. that the defendant is “guilty beyond reasonable doubt”. This means there must be a very, very high level of certainty demonstrated to the jury and court. If the court is satisfied that there is no reasonable doubt, the defendant is found guilty and convicted of the crime. If there is reasonable doubt, the defendant is found ‘not guilty’ of the crime and acquitted. If the defendant is found guilty, they are sentenced. This means ‘given a punishment’. If the crime is serious, they can be sent to jail or ‘imprisoned’. Examples of crimes can include murder, theft, armed robbery and arson. The case citation in a criminal proceeding is written as follows: R v. Novak (UK) ‘R’ stands for Rex/Regina (king/queen) or The people v. Novak (USA)

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5. Language practice

5.1 Match the correct halves of the sentences:

(i) They were compensated …

(ii) The defendant was convicted …

(iii) He was charged …

(iv) The defendant is innocent …

(v) Her injury was caused …

(vi) The claimant was awarded …

(vii) Torts are distinguished …

(viii) The prosecutor must prove the guilt ...

(a) … damages.

(b) … beyond reasonable doubt.

(c) … from crimes.

(d) … for a loss.

(e) … until proven guilty.

(f) … of the robbery.

(g) … with the murder.

(h) … by negligence.

5.2 Word formation. Complete the table with the correct noun or verb and then complete the sentences with suitable words from the table.

to compensate

to acquit

to sue

to prove

to try (a case)

compensation

presumption

loss

prosecution

breach

a) The __________________ of innocence means that the defendant doesn’t have to prove they are innocent.