To be read after Text 2

Computer crime

Computers can be used to commit all kinds of crimes. It is sug­gested that one could commit murder by computer if one hacked

into an air-traffic controller's computer system and caused aero­planes to crash, with the intent¹ to kill the passengers. Not surpris­ingly crimes that specifically relate to computers are relatively recent creations of statute.

Some specific computer crimes are set out in the Computer Misuse Act 1990. It is designed to protect information kept on computers. There are three particular reasons why such informa­tion needs protection by the criminal law. Firstly it is said to be very hard to safeguard information stored on a computer, particu­larly as often the information is intended to be accessed by a num­ber of authorized people. By contrast information on paper can be kept in a safe or other secure² place. Secondly the ease of destroy­ing or corrupting data on a computer means it deserves³ special protection, particularly as it is not always possible for the owner of the computer to realize that the data have been looked at. Thirdly the highly confidential⁴ nature of the kind of information kept on computers (often concerning many members of the public) is such that it needs particular protection.

The act prohibits⁵ «hacking», i.e., gaining⁶ unauthorized access to computer material. The offence is committed if a defendant is en­tering the computer just to see what he can find. The Act also con­tains a more serious offence of doing this with the intent to commit another offence. The most common example is likely to be a decep­tion (обман) offence or theft. A defendant who obtained data which he intended to use in the future to commit an offence of obtaining property by deception will still be guilty of the more serious offence.

There is also an offence of modifying computer material in an unauthorized way. This section is clearly aimed at people who alter⁷ computer data with intent to corrupt a program. The intent does not need to be directed towards any particular computer or data. Modification is defined as including removal of any program or data on a computer and includes adding to the contents or erasing⁸ them.

It also includes temporary⁹ modification. It would appear to cover sending someone a disc with a virus on it that was intended to damage the working of the computer.

It is possible to be guilty of criminal damage of computers if there has been a physical change to some components of the com­puter.

Notes to the Text

Legal) purpose, intention

Safe

Have a right to

To be kept) secret

Say that smth. must not be done (by rules of regulations)

Obtain

Change

Removing

Lasting for a short time only

To be read after Text 3

The Jury

The jury has a long history within the English legal system, al­though its role has changed significantly during that time. Ori­ginally, members of the jury were witnesses¹. Today, they are a group of twelve ordinary people with no special knowledge, chosen at random to act as impartial² judges of the facts of a case. In a jury trial, the jury is advised by the trial judge on the relevant³ law; that is, the judge's function is to explain the law to the jury and ensure that the trial is conducted according to the rules of procedure and evidence. The function of the jury is then to apply the law to the facts and then decide, in criminal cases, whether the defendant is guilty or not guilty and, in civil cases, whether the defendant is lia­ble to the plaintiff. The decision of a jury is called a verdict⁴. The juries do not need to give reasons for their verdict. In civil cases the jury will also decide on the amount of damages to be awarded to the plaintiff.

«Shadow» («теневой») juries are sometimes used to research the adequacy of the jury system; a random group of twelve people sits in the court and hears a case and reaches a verdict which is then compared to the verdict of the real jury.

Although the jury continues to have much symbolic importance in the English legal system, in practice its role has been greatly dimished⁵ over recent years.

Notes to the Text

Date: 2015-12-17; view: 1005