ФЕДЕРАЛЬНОЕ АГЕНТСТВО ПО ОБРАЗОВАНИЮ
ГОСУДАРСТВЕННО ОБРАЗОВАТЕЛЬНОЕ УЧРЕЖДЕНИЕ
ВЫСШЕГО ПРОФЕССИОНАЛЬНОГО ОБРАЗОВАНИЯ
«САНКТ-ПЕТЕРБУРГСКИЙ ГОСУДАРСТВЕННЫЙ УНИВЕРСИТЕТ
ЭКОНОМИКИ И ФИНАНСОВ»
КАФЕДРА АНГЛИЙСКОГО ЯЗЫКА №1
Н.М. ВЛАСОВ, Я.Б. ЖУРАВЛЕВА
ENGLISH FOR LAW STUDENTS
2 YEAR
PART 2
АНГЛИЙСКИЙ ЯЗЫК
ДЛЯ СТУДЕНТОВ
ЮРИДИЧЕСКОГО ФАКУЛЬТЕТА
2 КУРС
ЧАСТЬ 2
Учебное пособие
ИЗДАТЕЛЬСТВО
САНКТ-ПЕТЕРБУРГСКОГО ГОСУДАРСТВЕННОГО УНИВЕРСИТЕТА
ЭКОНОМИКИ И ФИНАНСОВ
2010
2
ББК 81.2Англ
В 58
Власов Н.М., Журавлева Я.Б.
English for Law Students. 2 year. Part 2. Английский язык для студентов
юридического факультета. 2 курс. Часть 2: Учебное пособие.– СПб.: Изд-во
СПбГУЭФ, 2010.– 170 с.
Предлагаемое учебное пособие «English for Law Students. 2 year» пред-назначено для
студентов 2 курса юридических специальностей. Главной задачей пособия является
совершенствование
навыков
иноязычной
коммуникации
в
профессиональноориентированном формате с учетом специфики экономичес-кого вуза.
Пособие организовано в виде модулей, каждый из которых состоит из 8 уроков;
тематика модулей коррелирует с основными темами, изучаемыми на 2 курсе юридического
факультета; отбор языкового и речевого материала строится на принципе методической
целесообразности. Основные умения и навыки формируются на современном
информационном и методическом материале с использованием новых обучающих
технологий, методов и приемов.
Рецензенты: А.В. Набирухина – канд. филол.наук,
доцент, зав. каф. англ. яз.№ 2 СПбГУЭФ
Ю.В. Ерёмин – д-р пед. наук, зав. каф. англ. яз.
для гуманитарных фак-тов РГПУ им. А.И. Герцена
© Издательство СПбГУЭФ, 2010
3
Введение
Предлагаемое учебное пособие по английскому языку ориентировано на студентов
2 курса юридических специальностей.
Пособие ставит своей задачей подготовить студентов к коммуникации в условиях
иноязычного общения в рамках юридических тем (вопросы преступления и
наказания, классификация правонарушений, уголовный и гражданский судебный
процесс и ряд др.).
Пособие состоит из 4 модулей, три из которых включают в себя 8 уроков, в качестве
заключительного занятия предлагается итоговое занятие (Revision Lesson).
Последний модуль заключает в себе материал для самостоятельного чтения
(Reader). Пособие снабжено приложением с ключами, списком слов для активного
запоминания и списком источников к каждому модулю.
Языковая и речевая часть пособия нацелены на совершенствование
профессионально-ориентированного
вокабуляра
и
коммуникативной
компетентности. Значительное место в структуре предкоммуникативных
упражнений занимают упражнения на поиск синонимов, подбор пар (matching),
продолжение знакомства с профессиональными фразеологизмами, активизацию
вокабуляра в коммуникативных ситуациях. Также уделяется внимание развитию
навыков перевода профессионально-ориентированных текстов (положения
контракта, статьи из периодических изданий).
В качестве информационного блока предлагаются переработанные авторским
коллективом тексты из современных источников специального характера, статьи из
толковых словарей.
Пособие ориентировано не только на развитие специальных (лингвистических,
коммуникативных) компетентностей, но и на совершенствование учебнопознавательных компетентностей, предполагающих самостоятельную творческую и
поисковую работу студентов. С этой целью в пособие включены упражнения под
рубрикой «Проектная работа» (Project Work), требующие поисковых и
презентативных умений обучаемых.
4
MODULE 5
CRIMINOLOGY: CRIME AND PUNISHMENT
UNIT 1
DEVELOPMENT OF CRIMINOLOGY
A. GETTING STARTED. COMMUNICATION POINT
А1. Read these statements and discuss them in pairs to see whether you agree or not.
Prove your point of view.
1. The evil that men do lives after them
William Shakespeare “Julius Caesar”
2. “Sufficient unto the day is the evil thereof”
Bible: St. Matthew
B. INTRODUCTION
B1. Work in pairs. Discuss what criminology is and give a definition of your own.
B2. Read the text below and compare it with your ideas.
Criminology is the scientific study of criminals and criminal behavior. Criminological
research areas include the incidence and forms of crime as well as its causes and
consequences. They also include social and governmental regulations and reactions to
crime. Criminologists attempt to build theories that explain why crime occur and test
those theories by observing behavior. Criminological theories help shape society's
response to crime both in terms of preventing criminal behavior and responding to it after
it occurs.
C. READING AND COMPREHENSION
C1. Study the words below and memorize them.
Key Vocabulary
evolve - развивать(ся), эволюционировать
prior - предшествующий; предварительный
sin - грех
dispassionate - беспристрастный, справедливый; непредвзятый, объективный
occur - происходить, случаться, совершаться
rely on - полагаться, рассчитывать
consequence – следствие, результат
consequently -1) следовательно 2) в результате
assert - утверждать; заявлять
spawn- порождать, вызывать
multidisciplinary- междисциплинарный, многофункциональный
cross-disciplinary research — исследования на стыке наук
C2. Read the text and be ready to discuss it.
5
Development of
criminology
The discipline of criminology has evolved in three phases, beginning in the 18th century.
Although crime and criminals have been around for as long as societies have existed, the
systematic study of these phenomena did not begin until the late 1700s. Prior to that time,
most explanations of crime equated it with sin—the violation of a sacred obligation. When
scholars first distinguished crime from sin, they made possible explanations of criminal
behavior that were not theological (religious). This, in turn, allowed for the dispassionate,
scientific study of why crime occurs. The development of this study is now known as the
era of classical criminology.
The second phase, which began in the 19th century, is referred to as modern criminology.
During this era, criminology distinguished itself as a subspecialty within the emerging
disciplines of psychology, sociology, and economics. Scholars formed criminological
societies and founded criminology journals. Criminologists conducted empirical tests
(observations or experiments) of their theories, rather than relying solely on speculation,
and consequently developed a wide range of theories.
The third phase, beginning in the second half of the 20th century, may best be called
independent criminology. During this period, criminology began to assert its
independence from the traditional disciplines that spawned it. In Western Europe, the
United States, and Canada, criminologists expanded their professional associations and
published an increasing number of journals. A number of universities developed graduate
programs in criminology. Criminological theories have become more multidisciplinary
(spanning various fields of study) because independent criminologists seek to understand
crime itself rather than study crime as one aspect of an overall sociological or
psychological theory.
C3. Answer the following questions
1. What are the major features of classical criminology?
2. What is known about the methodology of modern criminology?
3. Why, in your opinion, did criminology develop in the West mostly?
D. VOCABULARY EXTENTION
D1. Work in pairs. Give Russian equivalents to the following expressions, use a
dictionary, if necessary; compare your answers with those of your classmates:
a)
b)
c)
d)
e)
f)
g)
h)
i)
to face the consequences the sin of pride –
mortal sin –
the seven deadly sins –
dispassionate analysis –
dispassionate voice –
prior warning/notice –
assert your rights/independence –
multidisciplinary approach –
6
j)
multidisciplinary team of nurses,
social workers, and GPs -
D2. Do you understand the difference between the following words? Try to give
them the definitions of your own.
a)
b)
c)
d)
e)
psychology – sociology
journal – magazine
explanation – definition
theological – religious
observation - speculation
D3. Now, read the definitions and decide which words from D2 they denote.
Compare them with the definitions of your own.
1. a serious magazine produced for professional people or those with a particular
interest;
2. a large thin book with a paper cover that contains news stories, articles,
photographs etc, and is sold weekly or monthly
3. relating to the study of religion and religious ideas and beliefs
4. relating to religion in general or to a particular religion, also believing strongly in
your religion and obeying its rules carefully
5. a phrase or sentence that says exactly what a word, phrase, or idea means
6. the reasons you give for why something happened
7. the study of the mind and how it influences people's behaviour
8. the scientific study of societies and the behaviour of people in groups
9. when you guess about the possible causes or effects of something without
knowing all the facts, or the guesses that you make
10. the process of watching something or someone carefully for a period of time
D4. Areas of study in criminology include the following subtopics. Match the terms
on the left with their definitions or explanations on the right.
a) ___________ refers to children who act against the
1. crime
law
statistics
b) _________ is the scientific study of victimization,
including the relationships between victims and
2. penology
offenders, the interactions between victims and the
criminal justice system
3. juvenile
c) ________ is applied specifically to efforts made by
delinquency
governments to reduce crime, enforce the law, and
maintain criminal justice
4. crime
d) ________ is a section of criminology that deals
prevention
with the philosophy and practice of various
societies in their attempts to repress criminal
5. victimology
activities. Contemporary ________ concerns itself
mainly with criminal rehabilitation and prison
7
6.
deviant
behaviour
e)
f)
management
________ attempt to provide statistical measures of
the crime in societies
________ in a sociological context describes
actions or behaviours that violate cultural norms. It
is the remit of sociologists, psychologists and
criminologists to study how these norms are
created, how they change over time and how they
are enforced.
D5. Match the terms from the list to their Russian language equivalents.
a) collusive behavior b) delinquent behavior c) police behavior d) disorderly behavior
e) official behavior f) evil behavior g) felonious behavior h) potential criminal behavior
i) disruptive behavior j) criminal behavior k) good behavior l) bad social behavior m)
indecent behavior n) illegal behavior o) neglect behavior
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
антиобщественное поведение
действия, направленные к сговору
преступное поведение
делинквентное поведение, делинквентность
нарушение (общественного) порядка
поведение, нарушающее порядок судебного заседания
злостное поведение
преступное поведение, отвечающее признакам фелонии
хорошее, надлежащее поведение; правомерное поведение
противозаконное поведение
непристойное поведение
небрежение; небрежность
поведение по должности, официальное поведение
образ действий полиции; полицейская практика
потенциально преступное поведение
E. DISCUSSION
E1. Discuss in pairs the following problems.
Student A’s questions: put them to your partner
1. Are there any places you are afraid to visit because of the high crime rate? If so,
where?
2. Do you think police TV dramas are realistic?
3. Have you ever done anything illegal? If so, what did you do?
4. If a person steals a loaf of bread because he needs to feed his starving family,
should he be punished?
5. Why do you think crime is more prevalent in some societies than in others?
Student B’s questions: put them to your partner
8
1.
2.
3.
4.
5.
Do you walk alone at night in your
home city?
Do you think that police dramas can teach people how serious certain actions can
be?
Under what situations would you think of committing a crime?
What are some things people can do to protect themselves from crime?
Do you believe that violence in television programs leads to violence in our
society?
F. WRITING
F1. Individually, write 7 sentences using the expressions in D1.
F2. Translate the following passage into English.
Криминология - социолого-правовая наука, которая изучает преступность, личность
преступника, причины и условия преступности, пути и средства ее предупреждения.
Считается, что термин «криминология» ввёл в 1879 году антрополог Топинар.
Криминология исследует данные о преступности в целом, а также по отдельным
видам и группам преступлений и по отдельным криминологическим проблемам
(например, преступность несовершеннолетних, рецидивная преступность,
групповая преступность). Криминология учитывает связь преступности с иными
формами антиобщественного поведения: с пьянством, наркоманией, уклонением от
общественно полезного труда, моральной распущенностью, - исследует эти
явления, их влияние на преступность. Предметом криминологии являются также
причины преступности, т.е. те социальные факторы, явления и процессы, которые
влияют на существование преступности в целом и на совершение конкретных
преступлений.
UNIT 2
CLASSICAL CRIMINOLOGY
A. GETTING STARTED. COMMUNICATION POINT
A1. Read these statements and discuss them in pairs to see whether you agree or not.
Prove your point of view.
1. The only medicine for suffering, crime, and all the other woes of mankind, is wisdom.
Thomas Huxley
2. Disobedience, in the eyes of anyone who has read history, is man's original virtue. It is
through disobedience that progress has been made, through disobedience and through
rebellion.
Oscar Wilde
B. READING AND COMPREHENSION
B1. Study and memorize the new words and expressions.
Key Vocabulary
9
emphasize- 1) подчеркивать; придавать особое значение
penitence- 1) раскаяние; покаяние 2) наказание
salvation - избавление, спасение ( в том числе в религиозном смысле )
brutal - бесчеловечный, жестокий, зверский
condemn - осуждать, порицать
torture- истязание, пытка | истязать, пытать
degrading- унизительный, оскорбительный; пренебрежительный
advocate – выступать в защиту
penology – пенология, наука о наказаниях
deterrent -удерживающее, сдерживающее ( устрашением ) средство
deter – удерживать, сдерживать, отпугивать
utility- полезность; выгодность
excessive- чрезмерный, излишний
groundwork- залог, основа ( перен. )
deterrence - средство сдерживания, устрашения
inquiry- исследование, изучение
B2. Read the text and be ready to answer the questions below
Classical criminology
Christian thought tended to emphasize personal responsibility for wrongdoing, requiring
penitence (remorse) by the criminal in exchange for salvation, or forgiveness, by God.
Punishment practices during the Middle Ages were often brutal, and it was not until the
18th century that penal policy was subject to systematic consideration. Authors began to
condemn the frequent use of torture, imposition of capital punishment and other brutal and
degrading sanctions.
The Classical School of thought, which developed in the mid 18th century, came about at
a time when major reforms in penology occurred, with prisons developed as a form of
punishment. In 1764 Italian jurist Marchese di Beccaria published Tratto dei delitti e
delle pene ( translated as Essays on Crimes and Punishments) where he criticized the use
of torture and secret judicial proceedings and advocated abolition of the death penalty. He
also argued that the certainty - rather than the severity - of punishment was a more
effective deterrent to crime. Beccaria thought that penalties imposed for criminal offenses
should be in proportion to the seriousness of the offense.
Around this same time, British philosopher Jeremy Bentham proposed the systematic
codification of criminal law. Bentham urged lawmakers to base crimes and punishments
on the principle of utility - that is, the greatest good for the greatest number. Bentham
posited that man is a calculating animal who will weigh potential benefits against the pain
which is likely to be imposed. If the pain outweighs the gains, he will be deterred, and this
produces maximal social utility. He also attacked the excessive severity of punishments
prescribed in the criminal law. Many of Bentham's ideas were introduced as legislation
into the British Parliament, and his efforts laid the groundwork for substantial legal reform
in the next generation.
10
The main points of the Classical criminology theory can be summarized as
following:
(1) People have free will to choose how to act;
(2) Deterrence is based upon the notion of the human being as a 'hedonist' who seeks
pleasure and avoids pain, and a 'rational calculator' weighing up the costs and benefits of
the consequences of each action;
(3) Punishment can deter people from crime, as the costs (penalties) outweigh benefits,
and that severity of punishment should be proportionate to the crime.
(4) The more swift and certain the punishment, the more effective it is in deterring
criminal behavior.
The work of these 18th-century legal reformers did not produce an organized body of
knowledge about why and when crime occurs. Rather, it served as the intellectual
foundation for the field of criminology. Beccaria, Bentham, and those who followed them
made crime and criminals a legitimate subject for scientific inquiry.
B3. Answer the questions:
1. Outline the major points of Beccaria’s views on torture, death penalty, and certainty of
punishment.
2. Describe the Bentham’s principle of social utility.
3. What influence did Bentham’s ideas have on British legislation?
4. Describe the results of 18th century legal reforms.
C. VOCABULARY
C1. Work in pairs or in small groups. Think of as many synonyms for the following
words as you can. Write them in the box. Compare your ideas with the others in
your group. Add new ideas to your list.
Purpose
punishment
reform
salvage
C2. Check your ideas with ex. C5. Re-write the following sentence using the
synonyms. Note if all the synonyms can be used. Write three-four sentences.
Christian philosophers expressed in their writings that the legitimate purpose of
punishment was to reform and salvage the erring sinner.
C3. Use one of the following words to complete the sentences below
11
penitence penitent penitentiary deter
deterrence deterrent condemn
condemnation condemnatory condemned
1) Phil was trying hard to look _____ .
2) The murderer served 10 years at the _____ in Stillwater.
3) They may be afraid of losing face or losing respect of others if they show _____
over what they have done.
4) The state allows no communication with a _____ man.
5) The move was greeted with widespread international _____.
6) The role of the press is rarely ______ of the police and usually supportive of the
official efforts to solve crime.
7) She knew that society would _____ her for leaving her children.
8) Experts do not agree about whether the death penalty acts as a ______.
9) Pakistan will maintain nuclear _____ at all costs.
10) The security camera was installed to _____ people from stealing.
C4. Read the text below and find the expressions in bold type. Explain their
meanings in other words. Translate the text.
Penology comprises penitentiary science: that concerned with the processes devised and
adopted for the punishment, repression, and prevention of crime, and the treatment of
prisoners. Contemporary penology concerns itself mainly with prison management and
criminal rehabilitation.
This theory of punishment is based on the notion that punishment is to be inflicted on
offenders so as to reform them, or rehabilitate them so as to make their re-integration into
society easier. Punishments that are in accordance with this theory are community service,
probation orders, and those which entail guidance and aftercare of the offender.
This theory is founded on the belief that one cannot inflict a severe punishment of
imprisonment and expect the offender to be reformed and able to re-integrate into society
upon release. Although the importance of inflicting punishment on those persons who
breach the law, so as to maintain social order, is retained, the importance of rehabilitation
is also given priority.
Penology concerns many topics and theories, including those concerning prisons (Prison
reform, Prisoner abuse, Prisoners' rights, and Recidivism), as well as theories of the
purposes of punishment (such as Deterrence, Rehabilitation, Retribution, and
Utilitarianism).
C5. Synonyms:
purpose (noun): intention, design, intendment, intent, meaning, plan, destination,
direction; aim, goal, mission, objective, point; ambition, aspiration; proposal, proposition
punishment (noun): correction, discipline, punition, rod, fine, penalty; avengement,
revenge
salvage (verb): salve, deliver, redeem, rescue, save;
12
reform (verb): amend, correct, improve,
repair, transform
reconstruct, rebuild, rehabilitate, renovate,
E. IT IS INTERESTING TO KNOW
E1. Read the text and make up 5 questions to it. Put them to your groupmates.
Medieval crime and punishment
During the Middle Ages, crimes were very common. This was caused because of
impunity* among other reasons which caused burglars and thieves exert more frequently
their activities. Of course, education also played a primary role in this as most burglars
had no education at all and thus; instead of working they would simply resort to steal.
Punishment for thieves varied greatly. Medieval torture was used mostly even if
the thief only stole bread to feed himself. Of course death to thieves very rarely happened
and they were just publicly tortured. However there were different punishments for
different crimes. Unfaithful wives were considered to be criminals and they would be
treated accordingly. Witches were considered to be criminals as well and heresy was one
of the greatest crimes. Imprisonment happened very frequently and sometimes inside a
prison there were torture chambers to further teach people that crimes were not good.
Kidnapping was very frequent during the Dark Ages. This was mostly done by
foreign invaders who needed kids to work their own lands. Landlords who lacked enough
workers, frequently resorted to kidnapping kids in order to populate their own villages.
Punishment for these crimes were of a very high magnitude and if the kid was part of the
royalty, the offender would be heavily tortured and executed in a public plaza.
Most crimes did occur to merchants. Even when merchants traveled together, they were
still in danger of a large group of enemies to attack and rob them. Most kingdoms were
skeptic about this and imposed heavy penalties to captured thieves. This led to much
Medieval Folklore - including the legend of Robin Hood among others.
It was during the Inquisition when criminals were heavily tortured. The most
common ways to torture or execute criminals during the Inquisition was by burning at the
stake using the wheel torture, using head vice torture among others. This, of course,
helped combat criminals because during the Earlier Medieval Times, when there was
much impunity, more crimes took place. Later on, when fear was inspired in the average
peasant, crimes lowered considerably.
Crimes were, for the most part, done by the poor. Nevertheless, there are records
of nobles and knights being hanged for robbing. Rape was not considered a major offense
because women had not as many rights as men. Nevertheless, it was a crime to marry a
relative as it was strictly forbidden by the church.
---------------------------------------impunity - безнаказанность
UNIT 3
MODERN CRIMINOLOGY: THE ITALIAN SCHOOL
A. GETTING STARTED. COMMUNICATION POINT
13
А1. Read these statements and discuss
or not. Prove your point of view.
them in pairs to see whether you agree
1. People use thought only to justify their wrong-doings, and words only to conceal their
thoughts.
Voltaire
2. Think like a wise man but express yourself like the common people.
W.B.Yeats
B. LEAD-IN
В1. Discuss the following.
1. In your view, are criminals made or born?
2. What is the role of family upbringing?
3. What is the role of social environment?
C. READING
С1. Study and memorize the new words and expressions.
Key Vocabulary
pattern - образец; модель; схема; структура; манера; характер
credit - вера, доверие | верить, доверять; приписывать
feasibility - осуществимость
genuinely - искренне; неподдельно
distinct - отдельный; особый, индивидуальный
trait - характерная черта, особенность
jaw - челюсть
cranium - череп
propensity - склонность, наклонности
reversion - реверсия, право на возврат
inherited - унаследованный; перенятый
predictor – показатель, прогнозирующий параметр
insane - душевнобольной, ненормальный, сумасшедший, безумный
habitual - 1) обыкновенный, обычный, привычный 2) пристрастившийся к чему-л.
innate – врожденный, природный
sentiment - чувство; мнение, настроение, отношение
deficiency - недостаточность, недостаток, отсутствие
contribution - 1) содействие 2) взнос; участие
С2. Read the text, be ready to discuss it.
The Italian School
At the beginning of the 19th century, scholars began to apply the concepts and
technologies of the rapidly developing biological and behavioral sciences to the study of
crime. For the first time criminologists developed typologies of crime and criminals and
attempted to identify patterns between these typologies and various biological,
psychological, and social characteristics of offenders.
14
The founding of modern scientific criminology is generally credited to the socalled Italian school and to the work of its three principal exponents - Cesare Lombroso,
Enrico Ferri, and Raffaele Garofalo. The first edition of Lombroso's most important work,
L'uomo delinquente (The Criminal Man, 1876), attracted a great deal of attention because
it appeared to demonstrate the feasibility of a genuinely scientific study of criminal
behavior.
Lombroso asserted that criminals are a distinct physical
and biological type. He believed that the true criminal
could be identified by observing certain physical traits,
including a long lower jaw, asymmetric cranium, low
forehead, high cheekbones, long arms, and other
detectable conditions. For example, he said that lefthanded persons have a criminal instinct. These traits,
according to Lombroso, did not cause criminal behavior,
but they revealed an inherent propensity (inclination) to
crime. Lombroso taught that the propensity toward crime
was the result of atavism, a reversion to a more primitive
state of human development.
One of Lombroso’s students, Enrico Ferri, accepted the
existence of a criminal type but also focused on factors other than inherited physical
characteristics as predictors of crime. He considered social factors such as population
trends, religion, and the nature of the family. Ferri also proposed a more elaborate
classification of criminal types, including the born or instinctive criminal, the insane
criminal, the passionate criminal, the involuntary criminal, the occasional criminal, and
the habitual criminal. According to Ferri, the last two types were not innate criminals but
rather the products of unfortunate family or environmental circumstances.
Italian lawyer Raffaele Garofalo’s major contribution to modern criminology is the
concept of natural crime. According to Garofalo, natural or true crime is conduct that,
when evaluated against the average moral sense of the community, offends the basic
altruistic (unselfish) sense of humankind. The true criminal is one who lacks the basic
altruistic sentiments of pity and honesty. Garofalo believed that the true criminal is a
distinct biological or psychic type and that the altruistic deficiencies were organic or
inherited.
The Italian school made a valuable contribution to criminology by stimulating thought and
writing about crime and criminals. It focused attention on the offender as an appropriate
object of study, which the 18th-century reformers had not done.
C3. Answer the following questions:
1. Which disciplines and sciences make up the body of modern criminology?
2. What is Lombroso’s idea about why certain people become criminals?
3. What developments did Ferri add to Lombroso’s theories?
15
4. Can you outline the concept of natural crime?
5. What is the major contribution of the Italian school?
D. VOCABULARY
D1. Find the English equivalents to the following expressions:
- разработать типологию преступлений и преступников
- определенные физические черты
- выявлять врожденную склонность к преступлениям
- унаследованные характеристики
- более сложная классификация
- вспыльчивый преступник
- преступник, совершивший неумышленное преступление
- случайный преступник
- закоренелый, профессиональный преступник
- типичное, нормальное чувство нравственности
- недостаток альтруизма
- внести ценный вклад в криминологию
D2. Fill in the necessary prepositions. Then check by finding the correct answer in
the text above.
a. … the beginning of the 19th century
b. identify patterns … these typologies
c. an inherent propensity (inclination) … crime.
d. the propensity … crime
e. the existence … a criminal type
f. Garofalo’s major contribution … modern criminology
g. according … Garofalo
h. stimulating thought and writing … crime and criminals
i. It focused attention … the offender as an appropriate object … study
D3. VOCABULARY EXTENTION
a. Work in two groups. Give Russian equivalents to the following expressions, use a
dictionary, if necessary; compare your answers with those of your classmates.
b. Individually, write two/three example sentences using the expressions.
16
career criminal common criminal conventional criminal dangerous special criminal detected criminal established criminal experienced criminal heavily armed criminal -
identified criminal incidental criminal independent criminal international criminal irrational criminal irresponsible criminal juvenile criminal mob-connected criminal –
D4. a) Work in pairs, think of the synonyms to the following words.
Check with E3.
true
altruistic
pity
honesty
b) Rewrite the entry taken from the text (below the box).Write two/three
sentences using them.
The true criminal is one who lacks the basic altruistic sentiments of pity and
honesty.
E. DISCUSSION
E1. Read the extract and state your opinion on the problem.
Crime and race. Lombroso assumed that whites were superior to non-whites
by heredity, and that Africans were the first human beings that evolved
upwards and positively to yellow then white. Racial development was
signified by social progress from primitive to modern, "only we white people
have reached the ultimate symmetry of bodily form" Lombroso stated in
1871.
Crime and gender. Lombroso's studies of female criminality began with
measurements of females' skulls and photographs in his search for "atavism".
He found that female criminals were rare and showed few signs of
"degeneration" because they had “evolved less than men due to the inactive
nature of their lives”. He asserted that women were lower on the evolutionary
scale, more childlike, and less intelligent. Lombroso argued it was the
females' natural passivity that withheld them from breaking the law, as they
lacked the intelligence and initiative to become criminal.
Do you agree that inclination to crime depends on racial characteristics?
If so, why?
17
Do you agree with the opinion that men are generally more violent than
women? If so, why?
E2. Look at the statistics taken from American and European sources of
information and say if your opinion has changed.
Crime and race:
- Blacks are seven times more likely than people of other races to commit
murder, and eight times more likely to commit robbery.
- When blacks commit crimes of violence, they are nearly three times
more likely than non-blacks to use a gun, and more than twice as likely
to use a knife.
- Hispanics commit violent crimes at roughly three times the white rate,
and Asians commit violent crimes at about one quarter the white rate.
- Blacks commit more violent crime against whites than against blacks. 45
percent of their victims are white, 43 percent are black, and 10 percent
are Hispanic. When whites commit violent crime, only three percent of
their victims are black.
- Only 10 percent of youth gang members are white.
- Hispanics are 19 times more likely than whites to be members of youth
gangs.
- Blacks are 15 times more likely, and Asians are nine times more likely.
(Source: “Race, Crime and Justice in America: The Color of Crime.” New
Century Foundation, Oakton, VA 22124)
Crime and gender:
In 2006, 1.42 million offenders were sentenced for criminal offences in
England and Wales. The majority of these offenders, 80 per cent, were male
and of these 7 per cent were aged under 18. The number of crimes recorded
by the police, however underreported, shows that men are more often than
women the perpetrators of crime. They are also more often the victims of
homicides and assaults, apart from sexual assault of which women are most
often the victims. Where men generally experience violence outside their
domestic environment, women are more likely to experience violence and
abuse inside the domestic sphere, perpetrated by someone they know, often
by their own partner.
Women comprise a small minority of all convicted criminals, constituting
around 15 per cent of convicted criminals in most of the ECE countries
according to 1996/1998 figures. While women are more likely to commit
non-violent crimes, such as theft and economic crimes (such as cheque
forgery and illegal credit card use), or resort to violence in self-defence, men
18
commit the majority of violent crimes, according to the Fourth UN Survey of
Crime Trends and Operations of Criminal Justice Systems
(Source: UNECE, Gender statistics website for Europe and North America)
E3. Synonyms.
True: accurate, authentic, bona fide, correct, exact, genuine, honest,, natural,
normal, right, sincere, veritable
Altruistic: unselfish, charitable, generous, humanitarian, kind, open-handed,
philanthropic, self-sacrificing
Pity: commiseration, compassion, rue, ruth, sympathy
dejection, distress, melancholy, sadness, sorrow; charity
Honesty: honestness, honor, honorableness, incorruption, integrity,
conscientiousness, justness, reliability, trustworthiness; goodness, morality,
rectitude, virtue
F. WRITING
F1. Write an essay on the problems discussed in this unit. Choose one
problem among the following:
 Why is an understanding of gender critical to understanding criminal
offending, victimization, and criminal justice responses?
 How can female victimization lead to criminality?
 Is girls' violence becoming more like boys'?
UNIT 4
THE CAUSES OF CRIME
А1. Read this statement and discuss it to see whether you agree or not.
Prove your point of view.
Society prepares the crime, the criminal commits it.
Henry Thomas Buckle
B. LEAD-IN
B1. In your opinion, what are causes of crime? Discuss the point in small
groups. Make a list of causes. Compare your lists.
19
B2. Here are some social causes of committing crimes. Rate them on a
scale from 1 to 10 with 1 being the most influential cause and 10 the least
influential.
-
poor parenting skills
peer influence
drugs and alcohol
low income
poor education
TV violence
-
availability of handguns in
society
hot weather
stress
jealousy
C. READING AND COMPREHENSION
C1. Study the following words and memorize them.
Key Vocabulary
perverse (adj) – порочный, испорченный, извращенный
discard (v) – отвергать, отбрасывать
rationale (n) – разумное объяснение, обоснование
proclivity (n) – склонность, наклонность
law-abiding (adj) – законопослушный
innate (adj) – врожденный, природный, присущий
disposition (n) – предрасположенность
inclination (n) – склонность, предрасположенность
homicide (n) – убийство
incidence (n) – число, количество, численность, частотность
in direct ratio – прямо пропорционально
prominent (adj) – известный, выдающийся
engender (v) – порождать, вызывать
deprivation (n) – лишение, обездоленность, утрата
conducive (adj) – способствующий, благоприятный
mentally deficient – психически неполноценный, умственно отсталый
prone (adj) – склонный, предрасположенный
converge (v) – сливаться, сходиться в одной точке
elusive (adj) – неясный, трудный для понимания, трудноуловимый
C2. Match the following headings with the paragraphs of the text below:
a) Psychological and psychiatric theories
b) Biological theories
c) Multiple causation theory
d) Social environment theories
e) Theological and ethical theories
f) Climatic theory
20
Causes of crime
(1) No one knows why crime occurs. The oldest theory, based on theology
and ethics, is that criminals are perverse people who deliberately commit
crimes or do so at the instigation of the devil or other evil spirits. Although
this idea has been discarded by modern criminologists, it persists in many
parts of the world and provides the rationale for the harsh punishments still
meted out to criminals.
(2) Since the 18th century, various scientific theories have been advanced to
explain crime. One of the first efforts to explain crime on scientific, rather
than theological, grounds was made at the end of the 18th century by the
German doctor and anatomist Franz Joseph Gall, who tried to establish
relationships between skull structure and criminal proclivities. This theory,
popular during the 19th century, is now discredited and has been abandoned.
A more sophisticated, biological theory was developed late in the 19th
century by the Italian criminologist Cesare Lombroso, who asserted that
crimes were committed by those who are born with certain recognizable
hereditary physical traits. Lombroso's theory was disproved early in the 20th
century by the British criminologist Charles Goring. Goring's comparative
study of jailed criminals and law-abiding citizens established that so-called
criminal types, with innate dispositions to crime, do not exist. Recent
scientific studies have tended to confirm Goring's findings. Some
investigators still hold, however, that specific abnormalities of the brain and
of the endocrine system contribute to a person's inclination towards criminal
activity.
(3) Another approach to an explanation of crime was initiated by the French
political philosopher Montesquieu, who attempted to relate criminal
behaviour to the natural, or physical, environment. His successors have
gathered evidence tending to show that crimes against the person, such as
homicide, are relatively more numerous in warm climates, whereas crimes
against property, such as theft, are more frequent in colder regions. Other
studies seem to indicate that the incidence of crime declines in direct ratio to
drops in barometric pressure, to increased humidity, and to higher
temperatures.
(4) Many prominent criminologists of the 19th century, particularly those
associated with the Socialist movement, attributed crime mainly to the
influence of poverty. They pointed out that those who are unable to provide
adequately for themselves and their families through normal legal channels
21
are frequently driven to theft, burglary, prostitution, and other offences. The
incidence of crime tends to rise especially in times of widespread
unemployment. Present-day criminologists take a broader and deeper view;
they place the blame for most crime on the whole range of environmental
conditions associated with poverty. The living conditions of the poor,
particularly of those in slums, are characterized by overcrowding, lack of
privacy, inadequate play space and recreational facilities, and poor sanitation.
Such conditions engender feelings of deprivation and hopelessness and are
conducive to crime as a means of escape. The feeling is encouraged by the
example set by those who have managed to escape through criminal means to
what appears to be a better way of life.
(5) The final major group of theories are psychological and psychiatric.
Studies by such 20th-century investigators as the American criminologist
Bernard Glueck and the British psychiatrist William Healy have indicated
that about a quarter of a typical convict population is psychotic, neurotic, or
emotionally unstable and another quarter is mentally deficient.
Such emotional and mental conditions, it is believed, may make people more
prone to criminality. Recent studies of criminals have thrown further light on
the kinds of emotional disturbances that could lead to criminal behaviour.
(6) Since the mid-20th century, the notion that crime can be explained by any
single theory has fallen into disfavour among investigators. Instead, experts
incline to so-called multiple factor, or multiple causation, theories. They
reason that crime usually springs from a multiplicity of conflicting and
converging influences—biological, psychological, cultural, economic, and
political. The multiple causation explanations seem more credible than the
earlier, simpler theories. An understanding of the causes of crime is still
elusive, however, because the interrelationship of precipitating factors is
difficult to determine.
C3. Answer the following questions:
1. Describe in brief the findings of F.Gall and C.Lombroso.
2. What is the role of British criminologist C.Goring in today’s criminology?
3. What are the major points of so called climatic theory?
4. What approach does social criminology take?
5. What is psychological theory focused on?
6. What is the essence of the multiple factor theory?
7. Does anyone know why crimes occur?
D. VOCABULARY
22
D1. ADJECTIVES. Choose the adjective that best fits the space.
innate, conducive, prone, perverse, degrading, law-abiding, brutal,
prominent
1) Sadistic people derive _______ pleasure from the suffering of others.
2) You know very well that my brother and I have always been honest,
_______ citizens since childhood.
3) Dr. MacLaughlin is ______ to say exactly what she thinks.
4) Children have an ______ curiosity about the physical world.
5) Andrei Sakharov was a convinced humanist and a _______ figure in
the world humanist movement.
6) The police are searching for the ______ attacker of a 98-year old
woman.
7) That kind of jealous behaviour isn't _______ to having a healthy,
strong relationship.
8) These poor people live in the most _______ conditions.
D2. SYNONYMS
a. For each word in the left column finds the synonyms in the other two
columns.
a. assert - reject –
- generate
b. emphasize - renowned –
- sorry
c. penitent - spawn –
- inherited
d. discard - stress –
- proclivity
e. innate - claim –
- highlight
f. disposition - regretful –
- distinguished
g. prominent - inborn –
- abandon
h. engender - inclination - state
b. Rewrite these sentences using the synonyms to the words in bold type.
1. All 12 leaders asserted that they had met their main goals.
2. The report emphasizes the importance of improving safety
standards.
3. Luckily, she had an innate ability to quickly judge people - if they
were honest, loyal, tricksters or leeches.
4. Their financial success has engendered jealousy among their
neighbors.
5. Neither side shows the slightest disposition to compromise.
D3. COLLOCATIONS AND IDIOMATIC EXPRESSIONS
a. Try to match expressions with “crime” to their definitions
b.
Translate the sentences below the table
23
Crime doesn’t pay
a)
two people who have planned and done
something together, especially something that
A life of crime
slightly annoys other people - used
humorously
The perfect crime
b) a crime, especially murder, caused by sexual
jealousy
Crime of passion
c) used to say that crime does not give you any
advantage, because you will be caught and
Tough on crime
punished
d) when someone spends their life stealing and
Turn to crime
committing other crimes, in order to get
money to live
Partners in crime
e) start committing crimes
f) a crime that no one knows has been
committed, so no one can be punished for it
g) always punishing crime severely
1. The sentence handed down by the court will act as a deterrent to those
involved in drug trafficking and clearly shows that crime doesn't pay.
2. At the age of twelve, he entered into a life of crime.
3. As used by some criminologists and others who study criminal
investigations (including mystery writers), a perfect crime goes unsolved
not because of incompetence in the investigation, but because of the
cleverness and skill of the criminal.
4. In the United States civil courts, a crime of passion is referred to as
"temporary insanity".
5. Politicians are trying to appear tough on crime.
6. He claims that when he could not find work, he was forced to turn to
crime.
7. She'd kept watch and made sure no one saw us while I actually took the
bike so we were partners in crime.
E. GRAMMAR.
E1. WORD FORMATION. Use the words in brackets to form a word
that fits in the space.
Criminology in the United States
American (1)_______ (crime) developed a (2)_______ (collect) of theories
of criminal behavior based upon very different (3)_______ (discipline)
(4)_______ (assume). Eventually, sociology came to (5)______ (dominance)
the emerging field of criminology in the United States. Most of the (6)_____
(popularity) theories emphasized the role of (7)______ (society) factors in
24
(8)______ (courage) criminal behavior. Italian scholars and their (9)_____
(succeed) in Europe did very little (10)_____ (empiticism) testing of theories.
They followed methods of (11)______ (deduce) and argument. American
(12)______ (practise) adopted a more (13)_____ (science) approach to
building theory, emphasizing the collection and (14)_____ (analyze) of data
on the social cases of (15)_____ (crime) conduct.
E2. PREPOSITIONS. Fill in the correct preposition. Choose from the
list below.
At, between (3), by, from, in (2), of (3), to (3), towards (2), with
Sigmund Freud
Austrian physician Sigmund Freud developed important but controversial
theories concerning the connection 1___ abnormal human behavior and the
unconscious mind. Freud believed that each person must resolve the tension
2___ individualism and society. According 3___Freud, criminal behavior
may result 4___ a failure to resolve this tension. Personality theories attempt
to explain how people acquire predispositions 5___ certain behavior. These
predispositions are sometimes discussed in terms 6___ personality traits, such
as impulsiveness and stubbornness, or personality types, such as introvert and
extrovert.
Accordingly, some social scientists believe that certain predispositions or
personality types may be associated 7___ criminal tendencies or activities.
According 8___ Freud, humans must resolve the tension between their
purely self-interested tendencies, which he called the id, and the control of
these forces 9___ the combination of conscience and moral attitudes, which
Freud called the superego. This process begins 10__ infancy, 11___ which
time the id reigns without conflict.
As the child develops, conflicts occur 12___ the id and superego, which are
ultimately resolved by the ego - the sense 13___ self. This process results
14___ a person who strikes a balance between individualism and society,
between hedonism (pleasure seeking) and repression 15___ his or her desires.
According 16___ Freud, when this development process goes wrong any
number of personality disorders can result, including a tendency 17___
criminal behavior.
F. TRANSLATION
F1. Translate the following text into English.
Исследования преступности близнецов
Возможность рождения детей с одинаковым генетическим кодом —
однояйцевых близнецов*, заложенная в природу человека, даёт способ
определить, есть ли зависимость между генетическими особенностями
25
человека и характером его поведения. Было обнаружено, что если один
из таких сиблингов совершает преступление, то и второй с большой
степенью вероятности последует по его стопам.
Генетик В. П. Эфроимсон проанализировал данные о частоте
совершения преступлений близнецами в США, Японии и нескольких
странах Западной Европы за 40 лет, было отобрано нескольких сотен
пар близнецов. Было установлено, что оба однояйцевых близнеца
оказывались преступниками в 63 процентах, а оба разнояйцевых* —
только в 25 процентах случаев.
Данные этих исследований существенно упрочнили позиции
сторонников биологических теорий личности преступника. Однако их
противники указывают, что данное объяснение не является единственно
возможным. Предполагается, что генетически задаётся не склонность к
совершению противоправных поступков, а определённый тип реакции
на социальные факторы, формирующие личность.
---------------------------------------------------------------------Однояйцевые близнецы – identical twins, enzygotic twins
Разнояйцевые близнецы – fraternal twins, dizygotic twins
UNIT 5
THE PURPOSES OF PUNISHMENT
A. GETTING STARTED.COMMUNICATION POINT
A1. Discuss the following:
 Have you ever been punished by your parents, teachers?
 Do you agree that punishment is a necessary tool in upbringing process?
 Do you think that people who punish their children are cruel?
 Is it possible to bring up children without punishment?
 Speaking of the people who have become criminals, in your opinion,
were they punished too much in their childhood?
B. READING
B1. Study the following words and try to memorize them
Key vocabulary
deprivation – лишение, утрата
retributive – карающий,
burden – ноша, тяжесть,
карательный
обременение, обязательство
gravity – тяжесть, серьезность
vindictive – мстительный,
dignity – чувство собственного
карательный
достоинства
26
transgress – преступать закон,
совершать грех
contemplate – обдумывать,
размышлять, намереваться
incapacitation – ограничение
право- и /или дееспособности,
лишение гражданских прав
restoration – возмещение,
возвращение утраченного
retribution – возмездие,
расплата, кара
get even with – свести счёты
diminish – снижать,
уменьшать
vigilant - бдительный,
неусыпный
vigilantism – самосуд
reinforcement – упрочнение,
укрепление
eliminate – упразднять,
ликвидировать
denunciation – осуждение,
разоблачение
curb – ограничивать,
сдерживать
stigmatize – клеймить позором,
бесчестить
В2. Read the text and be ready to discuss it.
Punishment
In common usage, the word "punishment" might be described as "an
authorized imposition of deprivations — of freedom or privacy or other
goods to which the person otherwise has a right, or the imposition of special
burdens” — because the person has been found guilty of some criminal
violation. The progress of civilization has resulted in a change in the theory
and in the method of punishment.
In primitive society punishment was left to the individuals wronged or their
families, and was vindictive or retributive: in quantity and quality it would
bear no special relation to the character or gravity of the offense. The second
stage was punishment by individuals under the control of the state, or
community; in the third stage, with the growth of law, the state took over the
primitive function and provided itself with the machinery of justice for the
maintenance of public order.
Modern theories date from the 18th century, when the humanitarian
movement began to teach the dignity of the individual and to emphasize his
rationality and responsibility. The result was the reduction of punishment
both in quantity and in severity, the improvement of the prison system, and
the first attempts to study the psychology of crime and to distinguish between
classes of criminals with a view to their improvement. These latter problems
are the sphere of criminal anthropology and criminal sociology, sciences so
called because they view crime as the outcome of anthropological and social
conditions. The law breaker is himself a product of social evolution and
cannot be regarded as solely responsible for his disposition to transgress.
27
There are many possible reasons that might be given to justify or explain why
someone ought to be punished.
Deterrence. To act as a measure of prevention to those who are
contemplating criminal activity.
Rehabilitation. Some punishment includes work to reform and rehabilitate
the wrongdoer so that they will not commit the offense again. This is
distinguished not from deterrence, in that the goal here is to change the
offender's attitude to what they have done, and make them come to see that
their behavior was wrong.
Incapacitation / Societal protection. Incapacitation is a justification of
punishment that refers to when the offender’s ability to commit further
offenses is removed. This can occur in one of two ways; the offender’s ability
to commit crime can be physically removed, or the offender can be
geographically removed.
Restoration. For minor offences, punishment may take the form of the
offender "righting the wrong"; for example, a vandal might be made to clean
up the mess he/she has made. In more serious cases, punishment in the form
of fines and compensation payments may also be considered a sort of
"restoration".
Retribution is the practice of "getting even" with a wrongdoer — the
suffering of the wrongdoer is seen as good in itself, even if it has no other
benefits. One reason for modern centrally-organized societies to include this
judicial element is to diminish the need for "street justice", blood feud and
vigilantism. However, some argue that this is a "zero sum game”, that such
acts of street justice and blood revenge are not removed from society, but
responsibility for carrying them out is merely transferred to the state.
Retribution sets an important standard on punishment — the transgressor
must get what he deserves, but no more. Therefore, a thief put to death is not
retribution; a murderer put to death is. One great difficulty of this approach is
that of judging exactly what it is that the transgressor "deserves".
Education. From German Criminal Law, Punishment can be explained by
positive prevention theory to use criminal justice system to teach people what
are the social norms for what is correct and acts as a reinforcement. It teaches
people to obey the law and eliminates the free-rider principle of people not
obeying the law getting away with it.
Denunciation / Condemnation. Punishment can serve as a means for society
to publicly express condemnation of a crime. This serves the dual function of
curbing public anger away from vigilant justice, while concurrently
stigmatizing the condemned in an effort to deter future criminal activity.
B3. Make up 5 questions on the text and put them to your group mates.
28
C. VOCABULARY
C1. Use one of the words to complete the sentences.
1. Single mothers often feel that they are _______ by society.
a) diminished
b) stigmatized
c) eliminated
2. The party's share of the electorate has _______ steadily.
a) diminished
b) degraded
c) discarded
3. The _______ of taxation has risen considerably.
a) gravity
b) dignity
c) burden
4. Please remain _______ at all times and report anything suspicious.
a) vindictive
b) vigilant
c) conducive
5. And doctors and governments alike are debating how to _____ the
excesses of drug promotion.
a) transgress
b) contemplate
c) curb
6. Victims are demanding _______ for the terrorist attacks.
a) deprivation
b) retribution
c) incapacitation
7. The man, who has attacked 13 women, was judged to be _______.
a) insane
b) innate
c) inner
C2. WORD FORMATION
a. Fill in the table
b. Translate the sentences below using the appropriate form
verb
noun
adjective
condemnatory
torture
exceed
deprivable
restorative
retribution
punish
1.
2.
3.
Карательному
правосудию
противопоставляется
восстановительная модель, делающая ставку на возмещение вреда.
В американском лагере Гуантанамо к заключённым применялась
пытка музыкой - лишение сна при помощи громкой
продолжительной музыки.
Ватикан включил в число смертных грехов
«чрезмерное
богатство», а также осудил социальную несправедливость и
социальное неравенство.
C3. VOCABULARY EXTENSION
29
a. Work in pairs or small groups. Give Russian equivalents to the
following expressions, use a dictionary, if necessary; compare your
answers with those of your classmates:
b. Individually, write two/three example sentences using the expressions.
a)
b)
c)
d)
e)
f)
g)
h)
i)
justice of assize –
justice of nisi prius –
justice of the case –
justice of the peace –
accusatorial justice –
administered justice –
administrative justice –
adversary justice –
appointed justice –
j) arbitral justice –
k) associate justice –
l) bargain-basement justice
–
m) punitive justice –
n) biased justice –
o) career justice p) chief justice -
c. Match the terms from the list to their Russian language equivalents.
a) custodial penalty b) death penalty c) extra-legal penalty d) extreme
penalty e) high penalty f) imposed penalty g) penalty of confinement h)
non-custodial penalty i) civil penalty j) commuted penalty k) criminal
penalty l) lenient penalty m) light penalty n) maximum possible penalty
o) mild penalty p) minimum penalty q) money penalty
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
гражданско-правовая санкция
смягчённое наказание
уголовная санкция, (уголовное) наказание
наказание, связанное с лишением свободы
смертная казнь
дисциплинарное взыскание
высшая мера наказания
строгое, суровое наказание
назначенное наказание
мягкое наказание (2)
лёгкое наказание
возможный (по закону) максимальный предел наказания
низший (по закону) предел наказания
денежная санкция, штраф
наказание, не связанное с лишением свободы
наказание лишением свободы
D. GRAMMAR
30
D1. WORD FORMATION. Use the word given in parentheses to form a
word that fits in the space.
A fitting punishment
Malacca, Sunday. It was a long and (exhaust) 1 ________ day for 34 youths
who had planned to take part in illegal motorcycle races. The police were
able to catch the motorcyclists as a result of (complain) 2 _________ which
they had received about the noise they made. The police had been (suspect)
3________ for several days as the motorcyclists had been racing without
(permit) 4 _________. There had also been a lot of (critic) 5 ___________
of their wild and threatening (behave) 6 ________, and people were afraid to
go near them.
The police made the motorcyclists push their heavy machines to the police
station over 10 kilometres away. 'Although the youths had a lot of expensive
(equip) 7 __________ on their bikes, the brakes on most of them there
(defect) 8 _________ and very unsafe,' a police officer said.
'We held the races because we were (bore) 9 ___________ and wanted some
kind of (entertain) 10 _________ one of the motorcyclists said. 'The police
should have behaved in a more (reason) 11 ____________way,' another
youth said. 'However, we should be (thank) 12 ___________ that they
haven't taken our motorbikes away,' he added.
E. PROJECT WORK
E1. What kinds of punishment do you know? Work in pairs or in small
groups. Make a list of types of punishment. Compare your lists with
those of your classmates.
E2. In group make a list of key terms relating to punishment.
F. DISCUSSION
F1. Was justice done?
Here are some examples of crimes and the penalties chosen by particular
judges. Read through them and try to answer the following questions:
- Was justice done?
- If you had been the judge, would you have given a different
sentence?
- What other facts and circumstances would you have wanted to
know?
Shop-lifting
In June 1980 Lady Isabell Barnett, a well-known TV personality was
convicted of stealing a tin of tuna fish and a carton of cream, total value 87p,
31
from a small shop. The case was given enormous publicity. She was fined
£75 and had to pay £200 towards the cost of the case.
A few days later she killed herself.
Assault
In 1976 a drunk walked into a supermarket. When the manager asked him to
leave, the drunk assaulted him, knocking out a tooth. The policeman who
arrived and tried to stop the fight had his jaw broken. The drunk was fined
£10.
Mercy killing
A mother who killed her brain-damaged son with heroin has been sentenced
to a minimum of nine years behind bars for his murder - but she called it an
act of mercy.
Aggravated assault
In 2007 an off-duty Chicago police officer Anthony Abbate was convicted of
aggravated assault for battering a female bartender half his size. A tavern
security video shows a drunken, 250-pound Abbate punching and kicking the
125-pound Karolina Obrycka. The altercation happened after she refused to
serve him more drinks. Abbate was sentenced to two years probation, a home
curfew of 8 p.m. to 6 a.m. and 130 hours of community service. "If I believed
sentencing Anthony Abbate to prison would stop people from getting drunk
and hitting people, I'd give him the maximum sentence," the judge Fleming
said.
G. WRITING
G1. In pairs find the synonyms to the entries taken from the text (in the
box). Write two/three sentences using them.
Large-scale surveys of victims and self-report surveys of criminals provided
data on crime and criminals independent of police and correctional records.
Survey (n)
Synonyms: analysis, audit, check-over, inspection, review, scan, scrutiny,
view
survey (v)
Synonyms: appraise, assay, assess, evaluate, rate, set (at), valuate, value
police (noun)
Synonyms: policeman, bull, cop, copper, fuzz, heat, man, officer, peace
officer, police officer
record (noun)
32
Synonyms: document, archive(s), monument
record (verb)
Synonyms: show, indicate, mark, read, register, say
UNIT 6
HISTORY OF PUNISHMENT. TYPES OF PUNISHMENT
A. READING AND COMPREHENSION
A1. Memorize the new words and expressions.
Key vocabulary
humiliation (n) – унижение, оскорбление
drown (v) – тонуть, топить
petty (adj) – мелкий, незначительный
pillory (n) – позорный столб
jeer (v) – издеваться, насмехаться, глумиться
pelt (v) – бросать, швырять
felon (n) – преступник (совершивший тяжкое преступление)
strangle (v) – душить, задушить
quarter (v) – четвертовать
disembowel (v) – вынимать внутренности
minor crime – незначительное, мелкое преступление
probation (n) – условное осуждение
probation officer – инспектор, наблюдающий за условно осужденными
parole (n, v) – условно-досрочное освобождение, освобождать
заключенного досрочно
inmate (n) – лицо, содержащееся под стражей, заключенный,
сокамерник
A2. Read the text.
From the history of punishment
For the most history punishment has been both painful and public in
order to act as deterrent to others. Physical punishments and public
humiliations were social events and carried out in most accessible parts of
towns, often on market days when the greater part of the population were
present. Justice had to be seen to be done.
33
One of the most bizarre methods of execution was inflicted in
ancient Rome on people found guilty of murdering their fathers. Their
punishment was to be put in a sack with a rooster, a viper, and a dog, then
drowned along with the three animals. In ancient Greece the custom of
allowing a condemned man to end his own life by poison was extended only
to full citizens. The philosopher Socrates died in this way. Condemned
slaves were beaten to death instead. Stoning was the ancient method of
punishment for adultery among other crimes.
In Turkey if a butcher was found guilty of selling bad meat, he was
tied to a post with a piece of stinking meat fixed under his nose, or a baker
having sold short weight bread could be nailed to his door by his ear.
One of the most common punishment for petty offences was the
pillory, which stood in the main square of towns. The offender was locked by
hands and head into the device and made to stand sometimes for days, while
crowds jeered and pelted the offender with rotten vegetables or worse.
In medieval Europe some methods of execution were deliberately drawn out
to inflict maximum suffering. Felons were tied to a heavy wheel and rolled
around the streets until they wee crushed to death. Others were strangled,
very slowly. One of the most terrible punishments was hanging and
quartering. It remained a legal method of punishment in Britain until 1814.
Beheading was normally reserved for those of high rank.
The punishments of days past were much more cruel than would be
allowed today. Private executions have replaced the public hangings and
disembowelments. People are no longer executed for minor crimes like theft,
and axes are no longer used to administer punishments. Besides, different
methods of social control have been developed to be applied to offenders. For
example, probation, which is a sentence ordered by a judge, usually instead
of, but sometimes in addition to, serving time in jail, allows the convicted
person to live in the community for a specified period of time, sometimes
under the supervision of a probation officer, depending on the circumstances
and the seriousness of the crime. Parole is the conditional release of a prison
inmate after serving part (if not all) of his or her sentence, allowing the
inmate to live in the community under supervision of the parole period.
A3. Answer the questions:
1. Why justice throughout history had to be seen to be done?
2. Give examples of punishment in ancient Rome and Greece.
3. Describe a common punishment, such as pillory.
4. Describe today’s forms of punishment, such as probation and parole.
A4. Do you know that…
34
In 1703 Daniel Defoe was put in the pillory as punishment for libel, brought
about by the publication of a politically satirical pamphlet. Famous for his
novel Robinson Crusoe, Defoe created more than 500 books, pamphlets, and
journals on topics including politics, crime, religion, marriage, and
psychology. However, after Defoe's publication of a pamphlet that ruthlessly
satirized the High Church Tories, he was arrested and placed in a pillory.
While awaiting his punishment, he wrote the spirited "Hymn to the Pillory."
The public sympathized with Defoe and threw flowers, instead of the
customary rocks, at him while he stood in the pillory.
B. DISCUSSION
B1. Discuss the follwing:
1. Discuss whether physical punishment is acceptable or not. If it is
acceptable, in what circumstances?
2. People invented a lot of cruel methods of punishment in the course of time.
Does it prove that people are cruel by nature?
35
3. Do you believe that public humiliation/ execution would deter crime?
C. TRANSLATION
C1. Translate the following paragraphs from the Criminal Code of the
Russian Federation. Note the types of punishment applied in Russia and
give the Russian equivalents to them. Add the new terms to your list of
key terms relating to punishment.
.
Article 43. The concept and the purposes of punishment
1. Punishment is a measure of state compulsion assigned by a court's
judgement. Punishment shall be applied to a person who has been found
guilty of the commission of a crime. It consists of the depreciation or
restriction of the rights and freedoms of this person, as provided for by this
Code.
2. Punishment shall be applied for the purpose of restoring social justice, and
also for the purpose of reforming a convicted person and of preventing the
commission of further crimes.
Article 44. Penalties
The following penalties may be applied:
a) fines;
b) deprivation of the right to hold specified offices or to engage in specified
activities;
c) deprivation of a special and military rank or honorary title, class rank and
of government decorations;
d) compulsory works;
e) corrective labour;
f) restriction in military service;
g) confiscation of property;
h) restricted liberty;
i) arrest;
j) service in a disciplinary military unit;
k) deprivation of liberty for a definite period;
l) deprivation of liberty for life;
m) capital punishment.
D. VOCABULARY: PUNISHMENT
D1. Find the words/expressions corresponding to the definitions below
the box. Use the dictionary if necessary.
Fine, imprisonment, life sentence, capital punishment, suspension, stoning,
probation, community service; parole, pardon, demotion, confiscation,
36
hanging, incarceration, pillory, drowning, flogging, quartering, loss of civic
rights
a) to officially take private property away from someone, usually as a
punishment –
b) work that is not paid that someone does to help other people,
sometimes as punishment for a crime
c) the act of killing someone by putting a rope around their neck and
dropping them, used as a punishment
d) putting someone in prison or in jail as lawful punishment (2 words)
e) an official order allowing someone who has been found guilty of a
crime to go free without being punished
f) A temporary debarment, as from school or a privilege, especially as
a punishment.
g) act of lowering in rank or position
h) the punishment of sending someone to prison for the rest of their life
or for a very long time
i) permission for someone to leave prison, on the condition that they
promise to behave well
D2. ACTIVATE YOUR LANGUAGE. Study the meaning of the
following synonyms.
a) prison: a large building where people are kept as a punishment for a crime
put smb in prison/ send smb to prison
release smb from prison/ let smb out of prison
prison sentence
prison officer/warder
serve time in prison/ serve a sentence
do time (informal, =be in prison)
b) jail: a prison, or a similar smaller building where prisoners who are
waiting for a trial are kept
go to jail
be/ get thrown to jail
c) penitentiary (AmE): a large prison for people who are guilty of serious
crimes
d) cell: a small room in a prison or police station, where someone is kept as a
punishment
e) detention centre: a place where young people who have done something
illegal are kept, because they are too young to go to prison
a juvenile detention centre
D3. Write a word which best fits each space.
37
1) I'm sure Robert Low never committed the crime the police accused
him ___ .
2) I wonder what made Anna's brother choose a life __________crime.
3) He hasn't been tried yet but I'm sure he'll be sent __________prison.
4) They'll probably put him _________ prison for a long time.
5) "What offence have I ___________?" the stranger asked.
6) People often support the death penalty because they say it ____ as a
deterrent.
7) He was an incurable thief and even stole _________ his best friend.
8) The two men took out a gun and ___________ all my money.
9) The guilty man was sent to prison __________ ten years.
10) He had been found guilty ___________ shooting a policeman.
11) He ______________ an eighteen-month sentence for theft.
E. DISCUSSION
E1. Scan the text and be ready to discuss it.
Does Imprisonment Reduce Crime?
Historically the use of punishment is much older than the use of
imprisonment, or incarceration. Imprisonment is, of course, a type of
punishment because an individual is removed from society and confined in
an institution with other criminals. Imprisonment, however, is a milder
punishment than many other forms used for centuries. Most prisons now
provide a wide array of recreational opportunities, including sports and
entertainment. Prisoners may organize their own activities. Prisons generally
have libraries, and radios and televisions are available.
Prison sentences are usually indeterminate. A fixed time is stated,
but the felon may be released early for good behavior. Often there is a
specific time at which the prisoner is eligible for parole. Because of
overcrowding it is quite common for prisoners to be released well ahead of
the end of their sentences. But does the threat of imprisonment deter potential
criminals? Do prisons rehabilitate criminals?
The National Criminal Justice Commission argues that the prison
system wastes public resources, converts nonviolent offenders into violent
criminals, and disproportionately punishes some racial groups. Criminals
who are placed in cages do not feel remorse for the crimes they have
committed. Sadly, most criminals leave prison more dangerous to society
than when they entered.
The Council on Crime in America counters that prisons deter
criminals, enable them to repay their debt to society, keep violent offenders
off the streets, and rehabilitate those who are eventually released.
38
E2. Read the information below and discuss the issue.
Many argue that
- too many people are sent to prison
- prison does very little to reform the person
- many will reoffend within 2 years of release
- it reinforces criminal tendencies
- many families and marriages fail to survive
- many find it difficult to gain employment once they are released
- each prisoner costs lots of money
Others say that
- if offenders lose their freedom they cannot continue offending
- other forms of protection cannot offer the same amount of protection for
society
- prisoners are given education and taught new skills while being
imprisoned
- the lack of freedom teaches people a lesson
1.
2.
3.
4.
Why is imprisonment viewed as a milder form of punishment?
What happens when you put good people in an evil place? Does
humanity win over evil, or does evil triumph?
If you were a prisoner, would you have been able to endure the
experience?
Can you think of anything better than imprisonment?
F. WRITING
Prisoners have a lot of time to think. What do you suppose they think about?
What´s a prison like from the inside? Do you suppose people feel guilty of
their past misdeeds? How can a prisoner change his/her mind and become a
normal citizen once the sentence has been fulfilled?
Write a page of the diary of a man sentenced to life imprisonment.
G. PROJECT-WORK
G1. Find some information on the following matters and present it to
your groupmates.
 Unusual methods of punishment in different countries nowadays.
 Prisoner rights and reform efforts.
 Prison facts and statistics around the world.
 People who were wrongly executed
39
UNIT 7
CAPITAL PUNISHMENT
A. COMMUNICATION POINT
A1. Do you agree with these statements?
As long as you have capital punishment there is no guarantee that innocent
people won't be put to death.
Paul Simon
I don’t think you should support the death penalty to seek revenge. I don’t
think that’s right. I think the reason to support the death penalty is because it
saves other people’s lives.
George W. Bush, presidential debate, Oct. 17, 2000
B. READING
B1. Scan the text and discuss the issue.
Capital punishment
In legal terms, putting a convicted, or guilty, criminal to death is
known as capital punishment. Throughout history, many nations have
sanctioned the use of capital punishment. It was once given out for a large
number of crimes. In 18th century England, for example, death was the
punishment for hundreds of crimes. However, it was during the same period
that several people argued the case for reform. There also arose several
humanitarian movements for the same cause. The number and type of crimes
for which criminals were put to death began to be limited.
By the early 21st century 75 countries had abolished the death
sentence, imposing life sentences instead. The death penalty is imposed in 38
states in the United States and in 23 other countries around the world. China
carries out by far the greatest number of executions: Amnesty International
has confirmed at least 470 during 2007, but the true figure has been estimated
at up to 6,000. Outside China, at least 800 people were put to death in 23
countries during 2007, with Iran, Saudi Arabia, Pakistan, Iraq and the USA
the main contributors. Iran, Saudi Arabia and Yemen executed people for
crimes committed when they were juveniles, in contravention of international
law.
Several countries around the world execute offenders for drugrelated crimes. Human rights activists have heavily criticized this. Many
consider executions for drug offenses a gross violation of Human Rights.
Several countries retain the death penalty for murder, but not for drugs
offences. Methods of execution include electrocution, the firing squad or
40
other sorts of shooting, stoning in Islamic countries, the gas chamber,
hanging, and lethal injection.
Capital punishment is often the subject of controversy. Opponents of
the death penalty argue that errors of justice sometimes lead to the killing of
innocent people, that life imprisonment is an effective and less expensive
substitute. They say that it discriminates against minorities and the poor, who
cannot afford lawyers or appeals.
People who support capital punishment say that the fear of this
severe punishment discourages persons from committing crime. Supporters
believe that the penalty is justified for murderers by the principle of
retribution, that life imprisonment is not an equally effective deterrent, and
that the death penalty affirms the right to life by punishing those who violate
it. Life imprisonment also puts the prison staff and fellow prisoners at the risk
of living with dangerous criminals. This risk later extends to the public, as
such people may escape or be allowed to leave.
C. DISCUSSION
C1. In pairs discuss the questions below. While discussing, work out a
list of arguments FOR and AGAINST the capital punishment. Compare
your arguments with those of your group mates.
STUDENT A’s QUESTIONS (Do not show to Student B)
1. What is the difference between capital punishment and corporal
punishment?
2. Do you agree with capital punishment?
3. What is the history of capital punishment in your country?
4. What does the government do about people wrongly executed?
5. Is the death penalty a deterrent to violent crime?
6. What different methods are there of applying the death penalty?
7. What do you think of the argument “an eye for an eye, a tooth for a
tooth”?
8. Do you think victims’ families get a sense of closure knowing a
killer has been executed?
9. Should the death penalty be applied to mentally disabled people?
10. What do you think the executioner feels?
STUDENT B’s QUESTIONS (Do not show to Student A)
1. Do you think capital punishment is murder?
2. Which is worse, life imprisonment or the death penalty?
41
3.
Why do many Christian countries have the death penalty when the
Bible says, “Thou shalt not kill”?
4. What do you think is the most humane way to put someone to
death?
5. Do you think the victim’s family should be able to choose the
method of execution?
6. If execution is unacceptable, what is the alternative?
7. Why does the “capital” mean in capital punishment?
8. Should the general public be allowed to look at executions?
9. In Britain you can receive the death penalty for killing the Queen
but not your neighbor. What do you think about it?
10. Do you think the death penalty can be applied to thieves?
C2. Read these texts in group and discuss the questions below each one.
The Timothy McVeigh Case
More than 1000 survivors of the Oklahoma City Bombing in the United
States were asked if they wanted to witness the execution of Timothy
McVeigh by lethal injection at Terre Haute Federal Prison, Indiana. The
death chamber at the prison has onle eight seats for witnesses, but over 200
of his victims and their families watched his execution by live video link.
Do you feel it is right that the survivors of a terrorist act should be invited to
watch the convicted terrorist being executed?
Do you think an execution like this should be televised – then anyone who
wanted to watch it would have the opportunity?
The Saudi Situation
Amnesty International said it knew of more than 1,100 people executed in
Saudi Arabia in the past 20 years, with the current average standing at two
public beheadings every week. A sword is used and as many as three blows
may be required to cut the head off.
Do you think some methods of execution are more acceptable than others? If
so, which?
“Blood money”
Some countries give relatives of the victim a choice of what should happen to
the murderer: they can agree to the murderer being executed, or they can ask
for “blood money” from the murderer as compensation for the loss of their
loved one, and the murderer goes to prison. For example, in Japanese culture
42
it is common to give Blood money or mimaikin to a victim's family. Such
was the case with Lucie Blackman's father who accepted 450,000 pounds as
Blood money for the murder of his daughter.
What do you think about this?
D. GRAMMAR AND VOCABULARY
D1. WORD FORMATION. Use the words in brackets to form a word
that fits in the space.
China
The chief goal of criminal punishment in China is reform. Secondary goals
are specific 1_____(deter), i.e. deterring the offender from repeating his
crime) and general 2_____(deter) i.e. deterring other would-be criminals.
The thoughts of citizens are not their own affair; the government has the right
and the duty to see to it that all members of society become “new men.” The
3_____(commit) of a criminal act is, in a sense, evidence that the offender is
in particular need of reform and hence 4_____(justification) the use of
particularly coercive measures. The notion that an offender incurs a debt to
society that can be paid merely by 5_____(service) a prison term is alien to
Chinese 6_____(penal). The state is keenly 7_____(interest) in changes in the
offender's thinking during 8_____(prison). Thus, reform through labor and
political study generally accompanies punishment for criminal offenses.
The 9_____(prime) of reform over deterrence is intimately connected with
Chinese theories on the causes of crime. Chinese criminology holds that
crime can be 10_____(reduction) and eventually eliminated through reform,
education, and the 11_____(perfect) of socialist society. Criminal punishment
is seen as merely a 12_____(supplement) means to this end. According to
this view, when the thought of all members of a society has been reformed,
there will be no more crime.
D2. Complete the text below with the words that best fit the space.
Harold Spears returned home a free man yesterday. He was lucky to be alive.
He had been (1)_____ of murder in 1998 and sentenced to be (2)_____ by
lethal injection. Before the sentence could be carried out, the US state he
lived in passed a new law (3)_____ the death penalty. Mr Spear’s (4)_____
was therefore reduced to life (5)_____ . Two months later new evidence
(6)_____ and Mr Spears was found to be innocent! He was freed on appeal
and will receive $250,000 in (6)_____ .
D3. Match the words to their definitions:
43
prison, impeach, jail, jail sentence/term, penitentiary, prison sentence,
accusation, be inside/do time, cell, indict
1
2
3
4
5
6
7
8
9
10
a statement saying that someone has done something bad
to be in prison for a period of time as a punishment for a crime
a small room in a prison or police station, where someone is kept as a
punishment
to officially accuse an important public official or politician of a crime
when they are in a position of authority
to officially accuse someone of a crime, so that they will be judged in a
court of law
a prison, or similar smaller building where prisoners who are waiting
for a trial are kept
how long someone has to spend in jail
a large prison for people who are guilty of serious crimes
a large building where people are kept as a punishment for a crime
how long someone has to spend in prison
E. WRITING
E1. Write an essay on capital punishment providing your view on the
issue. Support your opinion with the arguments for/against the death
penalty. Choose one of the following headings:






UNIT 8
There is no room for capital punishment in a civilized society
In defence of capital punishment
Is capital punishment just?
Capital punishment: right or wrong?
A look into capital punishment
The death penalty as a form of justice
REVISION
44
A1.* For each word in the box A find the synonym in the box B and
write them out as a pair (10 points).
Box A
Capital punishment, imprisonment, homicide, disposition, felon, brutal,
inborn, petty, evolve, condemn
Box B
Develop, criminal, violent, incarceration, death penalty, inherited,
stigmatize, minor, murder, inclination
A2. * Complete the sentences using the words in the box (10 points).
a) advocate b) deter c) deprived d) burden e) cell f) pillory g) insane
h) perverse i) corrective j) parole
1. He spent a night in the _____ at the local police station.
2. The government has introduced ______ measures to deal with the
country's serious criminal situation.
3. Those who _____ doctor-assisted suicide say the terminally ill should not
have to suffer.
4. Daniel Defoe was put in the _____ as punishment for libel.
5. He was released on _____ after serving two years.
6. A lot of children have been _____ of a normal home life.
7. The security camera was installed to _____ people from stealing.
8. Sadistic people derive _____ pleasure from the suffering of others.
9. The killer was declared criminally _____.
10. The counsel have reminded the jury of the _____ of proof.
A3*. Translate these sentences into Russian (10 points).
1. Johnson pleaded guilty and was sentenced to five years in prison.
2. When he was released from prison, Mandela was interviewed in Zambia.
3. This old building is the jail that Butch Cassidy escaped from in 1887.
4. 58% of prisoners are in jail for non-violent crimes.
5. Grover got caught for not paying his taxes and went to jail.
6. The murderer served 10 years at the penitentiary in Stillwater.
7. The prison cells have doors of heavy steel.
8. The two Irishmen were in prison for five years before they were found to
be innocent.
9. Sid's wife ran off with another man while he was doing time.
10. She met Schmidt while serving time in prison for drug possession.
A4. ** Match the words and their definitions (8 points)
1. parole
a) a prison
45
2. probation
3. suspension
4. disposition
5. detention
6. penitentiary
7. torture
8. sin
b) an action that is against religious rules and
is considered to be an offence against God
c) a system that allows some criminals not to
go to prison if they behave well
d) permission for someone to leave prison, on
the condition that they promise to behave
well
e) when someone is not allowed to do their
job, or take part in an activity for a period
of time as a punishment
f) an act of deliberately hurting someone in
order to force them to tell you something, to
punish them, or to be cruel
g) a particular type of character which makes
someone likely to behave or react in a
certain way
h) the state of being kept in prison
A5. ** Complete the following text using the words and expressions in
the box (14 points).
Commits; corporal punishment; death penalty; deprived; deterrent; fit;
humane; law-abiding; pay; rehabilitation; reform; retribution; suffer;
unreasonable
What is the purpose of punishment? One purpose is obviously to 1_____ the
offender, to correct the offender’s moral attitudes and anti-social behaviour
and to 2_____ him or her, which means to assist the offender to return to
normal life as a useful member of community.
Punishment can also be seen as a 3_____ because it warns other people of
what will happen if they are tempted to break the law and prevents them from
doing so. However, the third purpose of punishment lies, perhaps, in
society’s desire for 4_____, which basically means revenge. In other words,
don’t we feel that a wrongdoer should 5_____ for his misdeeds?
The form of punishment should also be considered. On the one hand, some
believe that we should “make the punishment 6_____ the crime”. Those who
steal from others should be 7_____ of their own property to ensure that
criminals are left inno doubt that crime doesn’t 8_____. For those who attack
others 9_______ should be used. Murderers should be subject to the principle
“an eye for an eye and a tooth for a tooth” and automatically receive the
10_____ .
46
On the other hand, it is said that such views are 11_____, cruel and barbaric
and that we should show a more 12_____ attitude to punishment and try to
understand why a person 13_____ a crime and how a society has failed to
enable him to live a respaectable, 14______ life.
A6. *** Odd one out (10 points)
1. deter
deprive
2. perverse
conducive
3. confiscate
deprive
4. curb
suppress
5. proclivity
propensity
6. eliminate
evolve
7. inborn
innate
8. prone
minor
9. law-abiding penitent
10. restoration restitution
prevent
helpful
seize
restrict
penitence
abolish
inmate
insignificant
apologetic
retribution
discourage
favourable
discard
transgress
disposition
root out
inherited
petty
regretful
compensation
A7*** Translate the sentances into English (10 points).
1. Преступление – это запрещенное наказуемое поведение.
2. Основная цель карательных систем Великобритании состоит в том,
чтобы сдерживать потенциальных правонарушителей и
перевоспитывать заключенных.
3. Многие полагают, что смертная казнь удерживает людей от
совершения серьезных преступлений.
4. Отношение к тем, кто впервые совершил преступление, является
ещё одним предметом обсуждения, так как такие люди нуждаются в
поддержке.
5. Рассмотрев характер преступления и личность преступника, суд
может рекомендовать в качестве наказания условное
освобождение.
47
Appendix 1
advocate (v)
brutal
burden
capital punishment
cell
condemn
conducive
confiscate
consequence
corrective labour
curb
death penalty
degrading
deprive
deprivation
detention
detention centre
deter
deterrence
deterrent
dignity
diminish
Appendix 2
Words to know
discard
disposition
dispassionate
eliminate
engender
evolve
felon
gravity
homicide
humiliation
inborn
incapacitation
inclination
inherited (traits)
inmate (n)
innate (adj)
insane
law-abiding
minor crime
occur
parole
penitence
penitent
penitentiary
penology
perverse
petty crime
pillory
probation
proclivity
prone
propensity
rationale
restoration
retribution
sin
spawn
stigmatize
suspension
torture
trait
transgress
utility
vigilantism
Key
Unit 1
D3
1 – journal, 2 – magazine, 3 – theological, 4 – religious, 5 – definition, 6 –
explanation, 7 – psychology, 8 – sociology, 9 – speculation, 10 –
observation
D4
1e, 2d, 3a, 4c, 5b, 6f
D5
1.bad social behavior – 2.collusive behavior – 3. criminal behavior –
4.delinquent behavior – 5.disorderly behavior – 6.disruptive behavior – 7.evil
behavior – 8.felonious behavior – 9.good behavior – 10.illegal behavior –
11.indecent behavior – 12.neglect behavior – 13.official behavior -14.police
behavior – 15.potential criminal behavior
48
Unit 2
C3
1) penitent; 2) penitentiary; 3) penitence; 4) condemned; 5) condemnation;
6) condemnatory; 7) condemn; 8) deterrent; 9) deterrence; 10) deter
Unit 4
D1
1 – perverse; 2 – law-abiding, 3 – prone, 4 – innate, 5 – prominent, 6 –
brutal, 7 – conducive, 8 – degrading
D2
b. assert – claim – state
c. emphasize – stress – highlight
d. penitent – regretful – sorry
e. discard – reject – abandon
f. innate – inborn – inherited
g. disposition – inclination – proclivity
h. prominent – renowned – distinguished
i. engender – spawn – generate
E1
1) criminologists; 2) collection; 3) disciplinary; 4) assumptions; 5)
dominate; 6) popular; 7) social; 8) encouraging; 9) successors; 10)
empirical; 11) deduction; 12) practitioners; 13) scientific; 14) analysis; 15)
criminal
E2
1 between; 2 between; 3 to; 4 from; 5 towards; 6 of; 7 with; 8 to; 9
by; 10 in; 11 at; 12 between; 13 of; 14 in; 15 of; 16 to; 17 towards
Unit 5
C1
1. stigmatized 2. diminished 3. burden 4. vigilant 5. curb 6. retribution
7. insane
C3
1. civil penalty – 2. commuted penalty -3. criminal penalty – 4. custodial
penalty – 5. death penalty – 6. extra-legal penalty – 7. extreme penalty – 8.
high penalty -9. imposed penalty -10. lenient penalty – 11. light penalty –
12.maximum possible penalty – 13.mild penalty – 14.minimum penalty –
15.money penalty – 16.non-custodial penalty – 17. penalty of confinement
49
Unit 6
D1
a – confiscation; b - community service; c – hanging; d - imprisonment or
incarceration; e – pardon; f – suspension; g – demotion; h - life sentence;
i - parole
D3
1- of, 2- of, 3-to, 4- in, 5- committed, 6-acts, 7- from, 8- demanded, 9for, 10 – of, 11- served
Unit 7
D1
1 – deterrence; 2 – deterrence; 3 – commission; 4 – justifies; 5 – serving;
6 – penology; 7 – interested; 8 – imprisonment; 9 – primacy; 10 –
reduced; 11 – perfection; 12 - supplementary
D2
1 – convicted; 2 – executed; 3 – abolishing; 4 – punishment;
5 - imprisonment/ sentence; 6 – emerged; 7 - compensation
D3
1 accusation , 2 be inside/do time (informal), 3 cell, 4 impeach, 5 indict, 6
jail, 7 jail sentence/term, 8 penitentiary, 9 prison, 10 prison sentence
Appendix 3
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
Sources
Encyclopedia Britannica © 2003
Encarta Encyclopedia © Microsoft 2004
Longman Interactive English Dictionary © 2000
Longman Contemporary English Dictionary © 2008
Words on words, © Penguin Books, 2000
Collins Thesaurus, © HarperCollins Publishers, 1995
Abbyy Lingvo 12
Random House Unabridged Dictionary
R. MacAndrew, R.Martinez. Taboos and Issues.
Гуманова Ю.Л. и др. Just English. Английский для юристов.
Базовый курс. М., 2002.
http://uk.encarta.msn.com/encyclopedia_761556342/criminology.html
www.en.wikipedia.org
www.multitran.ru
www.breakingnewsenglish.com
50
MODULE 6
UNIT 1
CRIMES AND CRIMINALS
WHAT IS CRIME?
A. GETTING STARTED. COMMUNICATION POINT
А1. Read these statements and discuss them in pairs to see whether you
agree or not. Prove your point of view.
The two enemies of the people are criminals and government, so let us tie the
second down with the chains of the Constitution so the second will not
become the legalized version of the first.
Thomas Jefferson
We need criminals to identify ourselves with, to secretly envy and to stoutly
punish. They do for us the forbidden, illegal things we wish to.
Karl A. Menninger
B. READING AND COMPREHENSION
B1. Learn the new words and expressions.
Key Vocabulary
criminal intent – преступное намерение
breach of duty – нарушение лицом своих обязательств
battery – избиение, нанесение побоев
to do evil – творить зло, наносить ущерб
fall within – попадать под, находиться в пределах
ignorance - неосведомленность, неведение
excuse – оправдывающее обстоятельство
be held liable (for) – нести ответственность, привлечь к
ответственности
B2. Read the text and answer the questions below.
Crime: what is it?
The most fundamental characteristic of a crime is that it is a punishable
offense against society. Consequently, when a crime occurs, society, acting
through such employees as the police and prosecutors, attempts to identify,
arrest, prosecute, and punish the criminal. But it is societies acting through
their governments that make the rules declaring what acts are illegal. Hence,
war is not a crime. Although it is the most violent of human activities, it has
not been declared illegal by governments or their agencies. But petty theft the stealing of a loaf of bread - is a crime because the laws of most states and
nations have said so.
51
Before anyone can be convicted of a crime, three elements usually must be
proved at the trial. They are: 1) a duty to do or not to do a certain thing; 2) a
violation of the duty; 3) criminal intent.
Duty. The duty to do or not to do a certain thing usually is described by
statutes which prohibit certain conduct. Generally only conduct that is serious
– involving violence or theft of property – is classified as an offense against
society and therefore criminal.
Violation of the duty. The breach of the duty must also be proved in a
criminal trial. This is the specific conduct by the defendant, which violates
the duty. For example, battery is always a crime often defined as “the
intentional causing of corporal harm”. A breach of this duty could be
established in a trial by the testimony of a witness who swore that they saw
the defendant deliberately punch the victim.
Criminal intent. This element must be proved in most cases. Criminal intent
generally mens that the defendant intended to commit the act and intended to
do evil.
A few crimes do not require criminal intent. These are generally less serious
crimes, for which a jail sentence is very unlikely. Traffic offenses fall within
this classification. You may not have intended to speed or have intended evil
but you have still committed this crime.
Ignorance or mistake is generally no excuse for violating a law. A person is
presumed to know what the law is. To have criminal intent, one must have
sufficient mental capacity at the time one commits a crime to know the
difference between right and wrong and to be capable of deciding what to do.
Accordingly, insane persons are not held liable for their criminal acts.
B3. Answer the questions:
1. What are characteristics of a crime?
2. What is a criminal conduct?
3. What are the three elements of a crime?
4. What is the criminal intent?
5. Why aren’t insane people held liable for their criminal acts?
C. VOCABULARY EXTENTION
C1. Fill empty slots in the table with the terms from the list to match
their Russian language equivalents.
a.
b.
c.
d.
property crime –
protest crime –
recent crime –
recorded crime –
e.
f.
g.
h.
reported crimeplanned crime –
political crimeconventional crime –
52
i.
j.
k.
l.
m.
n.
o.
p.
q.
r.
s.
t.
u.
v.
w.
x.
y.
z.
aa.
crime of dishonesty –
crime of forethought
crime of high treason
crime of negligence –
crime of violence –
cynical crime –
deadlier crime –
deadly crime –
deliberate crime –
drug-related crime –
personal crime –
petty crime –
predatory crime –
present crime –
pretended crime –
crime of omission –
crime of passiondetected crime –
domestic crime –
1.
обычное,
общеуголовное
преступление
преступление,
совершённое путём
обмана
предумышленное
преступление
государственная
измена
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
преступление, совершённое по
небрежности
преступное бездействие
преступление по страсти
насильственное преступление
циничное преступление
преступление с высокой степенью
вероятности причинения смерти
преступление со смертельным
исходом
умышленное преступление
раскрытое преступление
бытовое преступление
преступление, связанное с
наркотиками
преступление против личности
малозначительное преступление
запланированное преступление
политическое преступление
хищническое, корыстное
преступление
данное преступление
симуляция преступления
имущественное преступление
преступление как протест (против
чего-л.)
недавно совершённое преступление
преступление, зафиксированное в
досье преступника
учтённое, зарегистрированное
преступление
C2. Phraseology. Here are six idioms which are linked to the topic of
crime. These idioms are not necessarily about crime; they just use the
language of crime to describe other situations. Find out what they mean,
how you can use them and then do the quiz. Think of their Russian
parallels.
A steal
“A steal” is anything that is much cheaper to buy than you would expect. The
item is a real bargain and great value for money. It is so cheap, that is almost
like we have stolen it!
53
'I only paid 20 dollars for this dress and it's a designer brand. It was a real
steal!'
Highway robbery
“Highway robbery” (also known as “daylight robbery”) means that you feel
something is much more expensive than it should be. You feel you are paying
way too much.
'The soft drinks in the cinema are really expensive. I paid 10 dollars for a
cola. It's highway robbery!'
Thick as thieves
When people are “thick as thieves” they have a very close relationship.
They're probably best friends who are always together and never keep secrets
from each other.
'Lee and Mike have been as thick as thieves since they met in junior school.
They do everything together.'
On the case
When someone is “on the case” they are doing what needs to be done in a
particular situation. They are dealing with the task or problem.
'Don't worry about it. I'll have the report done by Friday. I'm on the case.'
Get away with murder
When someone “gets away with murder” they are not punished for bad
behavior. They did something bad or wrong and did not get into trouble for it.
'She never does her homework and she's always late for class. Our teacher
lets her get away with murder! He never punishes her.'
Partner in crime
A “partner in crime” is a person who helps you to make a secret plan to do
something wrong or dishonest. They help you to do something bad or
naughty.
'Tom made sure nobody was looking as I set off the fire-alarm in our school.
He was my partner in crime.'
C3. Complete the sentences using one of the idioms above.
1. How much? There's no way I'm going to pay so much. That's ___.
2. Paul helped me to break open the door. He was my ___.
3. He's a badly behaved boy, but his parents never do anything. They let
him ___.
4. James said that he would get the tickets. He said he was ___.
5. Because I'm so generous, I'll let you have it for half price. That's ___ for
you.
6. You never see Emma without Jenny. Those two are as ___.
D. WORD FORMATION
54
D1. Use the words in brackets to form a word that fits in the space.
Police
Most societies have organizations called police forces to maintain order,
investigate lawbreaking, and 1_____(apprehension) criminals. Police forces
are part of the criminal justice system, which also includes the courts,
prosecuting and defense attorneys, and prisons.
The words police and politics are 2_____ (relation). Both are derived from
the Greek term for city-state and have to do with the 3_____ (administer) and
oversight of communities of people. Police operations 4_____ (variety) from
nation to nation. In some states police forces are highly militarized and nearly
5_____ (distinguish) from the armed forces.
The 6_____ (organize) of police forces varies around the world. Many
countries have 7_____ (centre), or national, police organizations. Among
them are France, Italy, Norway, Sweden, Finland, Portugal, China, and
Turkey. In some nations there may be different forces for different purposes.
Italy, for example, has three national forces. The State Police are responsible
for most normal police duties, including 8_____ (maintain) of public order,
criminal 9_____ (detective), and highway patrol. The Corps of Carabineers
(Carabinieri) is an arm of the military. It is charged with keeping public
order, riot control, border patrol, and antiterrorist 10_____ (active). The
Treasury Guard enforces tax laws and works to prevent smuggling. Apart
from these national forces, most cities and towns have municipal police in
charge of traffic control and the enforcement of local laws.
E. DISCUSSION
E1. Work in groups. Read the story below. In the story there are six
characters.
i) Individually rank the characters from 1 to 6 with 1 being the most
and 6 the least responsible in the order of their moral responsibility
for Jean’s death.
j) Work with other members of your group and decide of the ranking
of the six characters as a group. You must reach a unanimous
decision.
k) In the same groups determine if the party you found morally
responsible for Jean’s death could also be found legally responsible
from неру aspect of criminal law. Are the common elements of
crime present?
Jean’s Death
Around 5 pm one evening, a man and his wife entered the Bluebird Bar. The
man, Jack, ordered a whiskey for himself and a cola for his wife, Gail. Jack
continued to order the same drinks about every ½ hour.
55
At 11 pm the bar owner refused to serve Jack any more drinks because he
was obviously extremely intoxicated and bothering other customers. Gail was
used to Jack’s behaviour and never asked her husband to quit drinking.
“Are you driving him home or should I call a taxi?” yhe bar owner asked
Gail. Jack shouted,”Get out of my face! I’m driving home and neither of you
can stop me!” Jack then shoved the owner aside and walked out the door. The
owner just shrugged his shoulders and walked off. Gail went to the pay phone
in the corner to call her sister for a ride.
As Jack left the bar a man walking by the bar shouted to him, “Hey Buddy,
call a taxi!” When Jack drove off, the man simply shook his head and walked
down the street.
Meanwhile, Jean and Carl were having a lovers’ quarrel on the next corner.
The quarrel soon escalated into a major fight, and Carl struck Jean, saying,
“Don’t ever tell me not to touch you again. I’ll show you who’s boss here.”
At that point, Jean, crying hysterically and paying no attention to all the
traffic, ran into the street directly in front of Jack’s car. Jack was not able to
stop in time, and Jean was killed instantly.
F. WRITING
F1. In pairs find the synonyms to the entries taken from the text (in the
box). Write two/three sentences using them.
If it is against criminal law, it is a crime. It is societies acting through
their governments that make the rules declaring what acts are illegal.
crime (noun) Synonyms:
misdeed, offense, criminality, illegality, lawlessness; breach, break,
infringement, transgression, violation; wrong, wrongdoing; felony
illegal (adjective)
Synonyms:
criminal, illegitimate, illicit, lawless, wrongful, banned, forbidden,
interdicted, prohibited, proscribed, outlawed, unauthorized
society (noun)
Synonyms:
company, companionship, fellowship, brotherhood, club, fellowship,
fraternity, guild, league, order, community, people, public
56
UNIT 2 CLASSIFICATION OF CRIMES
A. GETTING STARTED. COMMUNICATION POINT
А1. Read these statements and discuss them in pairs to see whether you
agree or not. Prove your point of view.
All crime is a kind of disease and should be treated as such.
Mahatma Gandhi
It's a crime if you get caught.
Russian proverb
B. READING
B1. Study the new words and expressions and memorize them.
KEY VOCABULARY
treason – государственная
forgery – подлог, подделка
измена
документов, банкнот
tax evasion – уклонение от
hijacking – захват
уплаты налогов
транспортного средства
perjury – дача ложных
robbery – ограбление
показаний под присягой
burglary – кража со взломом
counterfeiting – подделка
arson – поджог
sedition – призыв к мятежу
trespass – нарушение границ,
fall short – недотягивать, не
права владения
хватать
mugging – уличное ограбление
rebellion – восстание, бунт,
malice – злой умысел
мятеж
decency – приличие,
mayhem – нанесение увечья
благопристойность
premeditated – предумышленное
bigamy – бигамия, двоебрачие
manslaughter –
obscenity – непристойная брань
непреднамеренное убийство
harassment - домогательство,
kidnapping – похищение людей с
приставание
целью выкупа
vagrancy – бродяжничество
rape – изнасилование
felony – тяжкое преступление
larceny – воровство, кража
confinement – заключение
embezzlement – хищение,
shoplifting – магазинная кража
присвоение чужих средств
misdemeanor – преступление
небольшой тяжести
B2. Read the text and discuss the questions below.
HOW ARE CRIMES CLASSIFIED?
Crimes may be classified in various ways.
1. Classification as to the breached interest:
57
a) Crimes against public interest: treason, tax evasion, bribery and
corruption, perjury, counterfeiting, etc. Treason is the crime of betraying a
nation by acts considered dangerous to its security. Selling military secrets to
a foreign power is one example; giving aid to the enemy in time of war is
another. Sedition refers generally to the offense of organizing or encouraging
opposition to the government, especially in speeches or writings, that falls
short of treason. In wartime seditious acts may often be classified as treason.
Rebellion is the attempted overthrow of a government; if it succeeds it is a
coup, or revolution.
b) Crimes against private interest which are divided into crimes against
persons and crimes against property. Crimes against persons include
homicide, assault and battery, mayhem, rape, and kidnapping. Homicide is
the general term for killing an individual. It may refer to a killing that is not
criminal, such as killing in self-defense or to prevent the commission of a
serious felony. Criminal homicide is classified according to the nature of the
crime. Premeditated murder is the most serious offense. Manslaughter
includes killings that are the result of recklessness or violent emotional
outburst. Battery is the unlawful use of physical force on another person, and
assault is the attempt to commit battery. No great force is necessary to
constitute a battery: a mere touch is sufficient. Generally it is not a battery
unless the act is done with intent to do harm. Assault, as intent to harm, must
carry with it a threat of more or less immediate danger, some obvious act that
threatens battery. Mayhem is similar to battery, but it is a more severe crime
because it deprives the victim of a part of his body - hand, arm, eye rendering him less able to defend himself.
The crimes against property are theft and larceny, embezzlement, forgery,
hijacking, receiving stolen property, robbery, burglary, arson, and trespass.
Most of these crimes involve stealing in one form or another, but distinctions
are made between them to indicate the seriousness of the offense. Theft is the
general term covering larceny, robbery, and burglary. Larceny is the taking
away of personal goods without the owner's consent. Robbery is a form of
larceny involving violence or the threat of violence against the victim.
Burglary is defined as the breaking and entering of a building with the intent
to commit a theft or some other felony. The common street crime called
mugging combines robbery with assault and battery. Embezzlement is the
illegal taking for one's own use of goods - usually money - by someone to
whom the goods have been entrusted. Bank employees, for example, have
been found guilty of embezzling the bank's funds. Arson is the unlawful and
voluntary burning of property. If the fire causes death, the arsonist is
considered guilty of murder even if there was no intent to kill. Trespass is the
58
unauthorized entry upon land. Neither knowledge of what one is doing nor
malice is necessary for a trespass to be committed.
2. As to the nature of the wrong, crimes are calssified into:
a) Crimes against public peace and order (drunk and disorderly conduct,
illegal speeding, rioting, carrying weapons, etc)
b) Crimes against public decency and morality (bigamy, prostitution,
obscenity, sexual harassment, vagrancy, neglect to bury the dead, etc)
3. Classification of crimes as to gravity:
a) Felonies, which are crimes of a serious.Among the felonies recognized
under common law were homicide, arson, rape, robbery, burglary, and
larceny. In the modern period the number of felonies has been significantly
enlarged by legislation to include such offenses as kidnapping, tax evasion,
and drug dealing.
b) Misdemeanors constitute a minor class of offenses that are punishable by a
fine or imprisonment for up to one year. Crimes such as drunkenness in
public, shoplifting, driving a car at an illegal speed, theft of small sums of
money, etc. are usually misdemeanors.
c) Infractions, or contraventions which are punishable by a small fine, such
as parking overtime on metered parking, littering, etc.
4. Classification as to criminal result:
a) Crimes of damage where the offence is described as the causation of the
harmful result (e.g. homicide, injury, theft)
b) Crimes of danger where punishment is imposed merely for creating
danger, even though the harmful result does not occur (e.g. attempted crimes)
5. Classification as to the structure of a crime:
a) Simple crimes which consist of a single act.
b) Compound crimes where a single act constitutes 2 or more felonies
c) Continuous crimes where the crimes takes place through a continuous and
uninterrupted length of time (e.g. possession of unlicensed weapons and
receiving stolen property).
Crimes can also be classified into other categories, such as economic crimes,
syndicated crimes, political crimes, computer crimes, etc.
C. DISCUSSION
C1. Discuss the following:
1. What kinds of crime are most common in your country?
2. What crimes have you heard about recently in the news?
3. What crimes do you think will decrease in the future?
4. What crimes do you think will increase in the future?
5. What do you think is the worst crime a person could commit? Why?
6. What kinds of crimes do you think can be prevented? How?
59
7.
8.
What is the punishment for stealing in your country?
What is the punishment for murder in your country?
D. VOCABULARY
D1. Name the crime:
1) killing someone illegally and intentionally – MURDER
2) killing someone unintentionally – M...
3) killing a public figure for political reasons – A…
4) the crime of being disloyal to your country or its government, especially
by helping its enemies – T…
5) using illegally or stealing money from the place you work – E…
6) the crime of deliberately making something burn, especially a building –
A…
7) the crime of getting into a building to steal things – B…
8) the crime of stealing money or things from a bank, shop etc, especially
using violence – R…
9) the crime of being married to two people at the same time – B…
10) the crime of telling a lie after promising to tell the truth in a court of law
– P…
11) the crime of going onto someone's private land without their permission
– T…
12) the use of violence or threats to take control of a plane – H…
13) the crime of hitting someone – B…
14) the crime of copying official documents, money, etc – F…
15) an attack on someone in which they are robbed in a public place – M…
16) the criminal offence of living on the street and begging from people –
V…
D2. Say what crime took place in each situation.
a) The man, armed with a knife and a hand grenade, forced the pilot of
Boeing 737 to fly to Madrid.
b) Two youths came up behind 73-year-old Arthur Potter, knocked him to
the ground and ran off with his wallet and watch.
c) Police belive the fire which destroyed the factory last night was started
deliberately.
d) Somebody broke into our house when we were away on holiday and
took our TV and audio.
e) A woman was caught leaving a shop with four bottles of perfume in her
bag.
f) The head of the accounts department had been transferring money to his
own account systematically for several years.
60
g) Narcotics smuggler offered the judge a sum of money for lessening
criminal penalties.
h) The young boy was snatched on his way to school. Three hours later his
family received a ransom demand for $1000,000.
D3. COLLOCATIONS. Complete the sentences using the words in
brackets.
1. The Judge, Mr Newell, said that Hickey was a hardened (a)_____ who
had committed 12 serious (b)_____. He ordered that Hickey should serve
a (c)_____ of at least 15 years in prison. (sentence, criminal, offence)
2. In the (a)_____ against crime we will not just (b)_____ serious crime,
but all crime, including (c)_____ crime amd (d)_____ crime, so that the
city will be safer for everyone. (street, target, fight, vehicle)
3. If someone (a)_____ into your house, (b)_____ your car, or (c)_____
you in the street, then you feel society has let you down. That’s why we
are determined to (d)_____ crime. (tackle, steal, break, rob)
4. The crime (a)_____ are the worst since 1995. We’ve had a spate of
(b)_____ in this part of the city, vehicle (c)_____, drug (d)_____, and so
on, and police have reported an (e)_____ in number of acts of mindless
vandalism. It is time the party in (f)____ did something. (abuse,
increase, power, burglary, theft, figure)
5. We are doing everything in our power to (a)_____ crime. The crime rate
has (b)_____ down, and that is because we have (c)_____ 10,000 police
officers on the streets and (d)_____ on juvenile crime, because that is
where the problem (e)_____ (put, come, begin, combat, focuse)
D4. Fill empty slots in the table with the terms from the list to match
their Russian language equivalents.
professional killing - self-defence killing- accidental killing - brutal killing hired killing - mercy killing - negligent killing - political killing - intended
killing - justified killing - lawful killing - mass killing- contract killing deliberate killing - gang killing- provoked killing- gangster killing
1.
2.
3.
4.
5.
6.
7.
8.
лишение жизни в результате несчастного случая
убийство, совершённое особо жестоким способом
убийство по договору, по найму
тяжкое убийство
групповое убийство
гангстерское убийство
убийство по найму
умышленное убийство
61
9.
10.
11.
12.
13.
14.
15.
16.
лишение жизни, оправданное обстоятельствами дела
правомерное лишение жизни
убийство нескольких человек; массовое убийство
убийство из сострадания
убийство по небрежности
убийство по политическим мотивам; террористический акт
убийство, совершённое убийцей-профессионалом
убийство, совершённое под влиянием провокации (со стороны
потерпевшего)
17. лишение жизни в состоянии самообороны
D5. WORD FORMATION. Use the words in brackets to form a word
that fits in the space.
Private wrongs
The legal term for a 1_____ (privacy) wrong is tort. A tort is a type of civil,
or private, wrong 2_____ (definition) as harm to a person through the
3_____ (law) or dangerous 4_____ (active) of others. Whereas the purpose
of criminal law is to protect the interests of the public as a whole by
punishing the 5_____ (offence), the purpose of the law of torts is to protect
the interests of individuals by granting 6_____ (pay) for damages they may
have suffered.
If, for example, someone eats spoiled food in a restaurant and becomes ill, he
may sue the restaurant 7_____ (own) for payment to cover 8_____
(medicine) expenses. He may also sue for 9_____ (punish), or additional,
damages. Such matters as traffic 10_____ (accidential), slander, libel,
personal injury, medical malpractice, and trespass are dealt with by tort law.
There are some instances when the same wrong can be both a crime, or
public wrong, and a tort, or private wrong. A 11_____ (theft) who steals a
piece of jewelry commits the crime of larceny and the tort of conversion.
Conversion can be defined as the 12_____ (authorize) possession of
personal property without the owner's consent. If an act is both a crime and a
tort, it can be dealt with by 13_____ (prosecute) in both criminal and civil
courts.
E. WRITING
E1. In pairs find the synonyms to the entries taken from the text (in the
box). Write two/three sentences using them.
The legal term for a private wrong is tort. A tort is a type of civil, or private,
wrong defined as harm to a person through the unlawful or dangerous
activity of others. Whereas the purpose of criminal law is to protect the
interests of the public as a whole by punishing the offender, the purpose of
62
the law of torts is to protect the interests of individuals by granting payment
for damages they may have suffered.
harm (noun)
Synonyms:
damage, hurt, mischief, outrage, ruin, misfortune, misuse; impairment,
marring
suffering (noun)
Synonyms:
distress, agony, dolor, misery, passion
wrong (noun)
Synonyms:
grievance, injury, debt, sin, wickedness, crime, diablerie, iniquity, sin, tort,
wrongdoing, inequity, unfairness, unjustness
F. Project work.
F1. Fill in the table following the pattern. Check with the dictionary if
necessary. Learn the new words by heart.
crime
criminal
verb
0. treason
traitor
to betray
00. murder
murderer
to murder
1 …
…
…
2 …
…
…
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
abduction
arson
assassination
assault
bigamy
blackmail
bribery
burglary
conspiracy
desertion
drug dealing
embezzlement
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
espionage
extortion
forgery
fraud
gangsterism
hijacking
hooliganism
kidnapping
libel
manslaughter
mugging
perjury
25.
26.
27.
28.
29.
30.
31.
32.
33.
34.
35.
pickpocketing
piracy
robbery
shop-lifting
slander
smuggling
stowaway
terrorism
theft
trespass
vandalism
63
UNIT 3
BUSINESS CRIME
A. GETTING STARTED. COMMUNICATION POINT
А1. Read these statements and discuss them in pairs to see whether you
agree or not. Prove your point of view.
Behind every fortune there is a crime.
Honore de Balzac
The law does not pretend to punish everything that is dishonest. That would
seriously interfere with business.
Clarence S. Darrow
B. READING AND COMPREHENSION
B1. Memorize the new words and read the text.
pilferage – хищение, мелкая кража
pilfer - совершать мелкие кражи, воровать
bad check – фальшивый чек
consumer fraud – обман потребителя
insider trading – торговля внутренней информацией, операции с
ценными бумаги на основе конфиденциальной информации
acquisition – приобретение
by-product – побочный продукт
identity theft – хищение персональных данных (напр., номера кредитной
карты и пр.)
copyright infringement – нарушение авторстих прав
intercept - перехватывать
A business, like any person, is subject to
general criminal law. Some crimes,
however, are found more frequently in the
business than elsewhere. Business firms
are frequently the victims of crimes such
as
robbery,
burglary,
shoplifting,
employee pilferage, passing bad checks,
vandalism, receiving stolen peoperty, and
embezzlement. Less frequently, but often
with large sums of money involved,
business persons and firms may commit
crimes. Because such criminals are
generally
well-educated,
respected
members of the community, the offenses
are called white-collar crimes. Common
64
examples of white-collar crimes are income tax evasion, consumer fraud,
cheating with false weighing machines, conspiring to fix prices, insider
trading, bribery and embezzlement. Normally no physical violence is
involved in crimes of this nature. Thus, courts tend to be more soft with the
criminals, punishing them with fines or short prison sentence.
Here are some of the common business-related crimes.
Industrial espionage is an acquisition of trade secrets from business
competitors. A by-product of the technological revolution, industrial
espionage is a reaction to the efforts of many businessmen to keep secret
their designs, formulas, manufacturing processes, research, and future plans
in order to protect or expand their shares of the market. An employer who
discovers that his trade secrets have been adopted by a competitor usually
takes legal steps to prevent further invasions of his commercial privacy. The
penalties against companies found guilty of usurping trade secrets may be an
injunction against further use of the knowledge, an accounting and payment
of all profits made from the utilization of pilfered information, or additional
punitive damages if a violation of the company's rights has been flagrant.
Forgery is falsely making or altering any writing (e.g. the signature of
another person). The most common forgeries are found on checks when one
has signed another’s name without permisskion to do so. Forgery also
includes altering a check, such as when one changes “$7” to “$70” and
“seven” to “seventy”. Forgery is usually a felony.
Extortion (commonly known as blackmail) is obtaining money or other
property from a person by wrongful use of force, fear, or the power of office.
The extortionist (blackmailer) may threaten to inflict bodily injury on the
victim or a close relative of the victim. Sometime the extortionist threatens to
expose a secret crime if payment is not made.
Conspiracy is an agreement between two or more persons to do an unlawful
criminal act, or to do a lawful act by unlawful means. Usually the agreement
is secret. Depending on the circumstances, the crime may be either a felony,
or a misdemeanour. Business executives of competing corporations
sometimes conspire to fix prices or to divide markets.
Computer crime encompass a broad range of potentially illegal activities.
Generally, however, it may be divided into one of two types of categories: (1)
crimes that target computer networks or devices directly (computer viruses);
(2) crimes facilitated by computer networks or devices, the primary target of
which is independent of the computer network or device (fraud or identity
theft, information warfare, cyberterrorism, etc). Issues surrounding computer
crime have become high-profile, particularly those surrounding hacking,
copyright infringement. There are also problems of privacy when confidential
information is lost or intercepted, lawfully or otherwise.
65
B2. Answer the following questions:
1. What crimes can be often found in the business sphere?
2. Why are business offences called “white-collar crimes”?
3. What penalties are generally applied to these kinds of crime?
4. Explain how industrial espionage is a by-product of the technological
revolution.
5. What can a businessman do, if he finds out his trade secrets to be
adopted by a rival?
6. Explain how forgery can be committed in the business sphere.
7. What is a conspiracy?
8. Give some examples of computer crimes and explain what their aims
are.
B3. Explain the following phrases in other words:
a. trade secrets
b. business competitors
c. employee pilferage
d. to fix prices
e. insider trading
f. share of the market
g. cyberterrorism
h. commercial privacy
i. identity theft
j. copyright infringement
C. VOCABULARY
C1. Find in the text above the English equivalents for the following
expressions:
- регулироваться уголовным правом
- жертва преступления
- образованные и уважаемые члены общества
- установить цены путем монополистического сговора
- держать в секрете разработки
- увеличить долю рынка
- постановление суда, запрещающее дальнейшее использование
информации
- дополнительные штрафные санкции
- внесение изменений в банковсий чек
- незаконное использование должностных полномочий
- предать огласке укрываемое преступление
66
-
охватывать широкую сферу деятельности
C2. Here are the definitions of some business crimes. Can you name
them?
a) illegally forcing someone to give you something, especially money,
by threatening them
b) the crime of paying too little tax
c) the crime of using secret information that you have about a company
or knowledge of a situation to buy or sell shares
at a profit
d) unlawful use of cheques in order to illegally acquire or borrow funds
that do not exist within the account balance or account-holder's legal
ownership
e) stealing money from the place where you work
f) this crime ncompasses a wide range of fraudulent and deceptive
practices in the advertising, marketing, sale, or provision of goods or
services
g) a secret plan made by two or more people to do something that is
harmful or illegal
D. READING AND COMPREHENSION 2
D1. Read the text and write down the Russian equivalents for the words
and expressions in bold type.
Notorious fraudsters
1. Frank Abagnale remains one of America’s most successful fraudsters
who Leonardo DiCaprio played in the film Catch Me if
You Can. He became notorious in the 1960s for
successfully passing US$ 2.5 million worth of
meticulously forged checks across 26 countries over
the course of five years, starting when he was only 16
years old. In the process, he claimed to have assumed
no fewer than eight separate identities, successfully
impersonated an airline pilot, a doctor, a prison
inspector and a lawyer. He escaped from police custody
twice (once from a taxiing airliner and once from a
US Federal penitentiary), all before he was 21 years old. Eventually, he was
caught and imprisoned in France, only to be released again five years later
as an unpaid adviser to the FBI who helped authorities fight crimes
committed by fraud and scam artists.
67
He is currently a consultant and lecturer at the academy and field offices for
the Federal Bureau of Investigation. He also runs Abagnale & Associates, a
financial fraud consultancy company.
2. Bernard Madoff is a former stock broker, investment adviser, nonexecutive chairman of the NASDAQ stock market, and the admitted
operator of what has been described as the largest
Ponzi scheme in history. A Ponzi scheme is a
fraudulent investment operation that pays returns
to separate investors from their own money or
money paid by subsequent investors, rather than
from any actual profit earned. In March 2009,
Madoff pleaded guilty to 11 felonies (securities
fraud, investment advisor fraud, mail fraud, wire
fraud, money laundering, false statements, perjury,
theft from an employee benefit plan) and admitted
to turning his wealth management business into a
massive Ponzi scheme that defrauded thousands of
investors of billions of dollars. The amount missing from client accounts,
including fabricated gains, was almost $65 billion, which is the biggest
fraud in US history. In total, he fleeced more than 1,300 investors, many of
their life savings. Two notable victims were filmmaker Steven Spielberg and
actor Kevin Bacon. On June 29, 2009, Madoff was sentenced to 150 years in
prison, the maximum allowed, and forfeiture of $170 billion.
D2. Work in pairs. Make up 5 questions to either part of the text and
make your partner answer them.
E. PROJECT WORK.
E1. Using additional sources of information find more facts about
notorious fraudsters and present it in the form of a report to the class.
F. GRAMMAR
F1. Supply the text below with the forms of the words given in
parentheses. Translate it into Russian.
“White-collar” crime
Crimes committed by business people, professionals, and 1_____ (politics) in
the course of their 2 _____ (occupy) are known as “white-collar” crimes.
Contrary to popular 3_____ (use), criminologists tend to restrict the term to
those illegal actions intended by the 4_____ (perpetrate) principally to further
68
the aims of their organizations rather than to make money for themselves
personally. Examples include 5_____ (conspire) with other corporations to
fix prices of goods or services in order to make artificially high profits or to
drive a particular 6_____ (compete) out of the market; 7_____ (bribe)
officials or falsifying reports of tests on pharmaceutical products to obtain
manufacturing licenses; and 8_____ (construct) buildings or roads with
cheap, 9_____ (defect) materials while charging for components meeting full
10 _____ (specify). The cost of corporate crime in the United States has been
11_____(estimation) at $200,000,000,000 a year - three times the cost of
organized crime. Such crimes have a huge impact upon the 12_____ (safe) of
workers, consumers, and the environment, but they are seldom detected.
Compared with crimes committed by juveniles or the poor, 13_____
(corporation) crimes are very rarely prosecuted in the criminal courts, and
14_____ (execute) seldom go to jail, though companies may pay large fines.
The term white-collar crime is used in another sense, by the public and
15_____ (academy), to describe fraud and embezzlement. Rather than being
crime “by the firm, for the firm,” this constitutes crime for profit by the
individual against the organization, the public, or the government.
G. WRITING
G1. In pairs find the synonyms to the entries taken from the text (in the
box).Write two/three sentences using them.
Not all crimes are viewed as equally serious by the law or by the public in
general. In the United States there is a subclassification of misdemeanor
called petty offense. Great Britain abolished the distinction between felonies
and misdemeanors in 1967 and replaced it with a distinction between
arrestable and nonarrestable violations of law.
view
Synonyms:
scrutiny, canvass, check over, check up, con, examine, inspect, study, survey,
eye, consider, contemplate, gaze (upon), look (at or upon), observe, see,
behold, descry, discern, distinguish, espy, mark, notice, observe, perceive,
consider, account, deem, reckon, regard
offense (noun)
Synonyms:
attack, aggression, assailment, assault, offensive, onset, onslaught, crime,
misdeed
violation (noun)
Synonyms:
69
breach, contravention, infraction, infringement, transgression, trespass,
illegality, misdemeanor, offense, wrong
G2. Translate the following text into English.
Alessandro di Cagliostro (Giuseppe Balsamo)
Одни считали этого человека величайшим шарлатаном и
обманщиком. Другие утверждали, что он обладает беспредельным
знанием и могуществом. Но никто точно не мог сказать, в какой стране
родился этот человек и откуда у него такие огромные богатства. Его
современникам было известно только его имя - Александр Калиостро и многочисленные похождения, легенды о которых сопровождали его
везде, где бы он ни появлялся. Говорили также, что он обладает еще
одной тайной, которая делала его самым загадочным человеком на
свете: будто бы он открыл секрет приготовления жизненного эликсира,
то есть эликсира бессмертия.
Он называл себя графом, путешествовал во многих странах под
различными именами, выдавая себя за дворянина, или врача, или
фокусника. С помощью жены он обманул много людей, и сколотил
большое состояние, продавая эликсир, который, якобы, делает людей
бессмертными и сохраняет их красоту. Сам он утверждал, что ему
двести лет. Он умел создавать иллюзию, что может превращать в золото
другие металлы, и многие благородные и богатые люди верили, что он
действительно мог. Граф Александр Калиостро всегда был желанным
гостем при дворах всех без исключения королевских особ, включая
Людовика XVI и Екатерину II.
Владел ли граф Калиостро секретом эликсира бессмертия, так и
осталось неизвестным, потому что сам он прожил всего 52 года. По
приказу инквизиции он был схвачен и посажен в тюрьму, где, как
сообщили, он и умер в 1795 году, прикованный цепью к стене глубокого
каменного колодца.
---------------------------------------------------------шарлатан – charlatan
эликсир - elixir
бессмертие - eternal life, immortality
фокусник - juggler
70
UNIT 4
ORGANISED CRIME
A. COMMUNICATION POINT
А1. Read these statements and discuss them in pairs to see whether you
agree or not. Prove your point of view.
Crime and bad lives are the measure of a State's failure, all crime in the end
is the crime of the community.
H. G. Wells
B. READING
KEY VOCABULARY
endeavor – область деятельности
gambling- 1) азартная игра 2) гэмблинг ( эксплуатация азартных игр )
trafficking – незаконный ввоз, торговля запрещенным товаром
bookmaking – игра на деньги
loan-sharking- «акулий промысел», гангстерское ростовщичество
protection- 1) защита, охрана; деньги, выплачиваемые гангстерами
должностному лицу за покровительство им; покровительство
гангстерам со стороны представителей власти; выкуп гангстерам,
выплачиваемый предпринимателем, профсоюзом за «защиту»
racketeering- рэкетирство, рэкетирская деятельность, рэкет
skimming – вложение скрытых доходов в легальный бизнес
insider trading – торговля внутренней информацией, операции с
ценными бумаги на основе конфиденциальной информации
bid rigging – мошенничество при торгах
no-show job/no-work job – оплачиваемая должность, которая не
требует какой-либо работы
money laundering – отмывание денег
bullying – «дедовщина», подавление
clamping- ограничение
ransom- выкуп; выкупная сумма
turmoil- беспорядки, массовые волнения
B1. Read the text and think of the main idea of each paragraph. Give
titles to the paragraphs.
Organised Crime
1________________________
Organized crime is one of the largest business enterprises in the advanced
industrial societies. While the United States has long been considered the
center of organized crime, such activities also flourish in Canada, Japan,
France, Great Britain, and other places with prosperous economies. Mafia is a
term used to describe a number of criminal organizations around the world.
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The first organization to bear the label was the Sicilian Mafia based in Italy,
known to its members as Cosa Nostra. In the United States, "the Mafia"
generally refers to the American Mafia. Other powerful organizations
described as mafias include the Russian Mafia, the Chinese Triads, the
Albanian Mafia, Bosnian mafia, the Irish Mob, the Japanese Yakuza, the
Neapolitan Camorra, and many others. There are also a number of localized
mafia organizations around the world bearing no link to any specific racial
background. Some criminal organizations, such as terrorist organizations, are
politically motivated. An organized gang or criminal set can also be referred
to as a mob.
2_____________________________
Such profitable endeavors as gambling, drug trafficking, bookmaking,
loansharking, prostitution, protection schemes, labor racketeering, etc. have
long been controlled by various organized crime factions. Organized crime
groups also do a range of activities, such as skimming casinos, insider
trading, setting up monopolies in industries such as garbage collecting,
construction and cement pouring, bid rigging, getting "no-show" and "nowork" jobs, money laundering, political corruption, bullying and ideological
clamping. Most of these activities are local or national in scope, but the
increasing use of drugs since 1965 has led to the establishment of
international networks of crime in order to move drugs from one country to
another, to process them, and to distribute the billions of dollars in profits
that result from their sale. In addition to that segment of the population made
up of individual criminals acting independently or in small groups, there
exists a so-called underworld of criminal organizations engaged in offenses
such as cargo theft, fraud, robbery, kidnapping for ransom, and the
demanding of “protection” payments. In many Third World countries, apart
from the drug trade, the principal form of organized crime is blackmarketeering, including smuggling and corruption in the granting of licenses
to import goods and to export foreign exchange. The newest growth sectors
for organized crime are identity theft and online extortion.
3__________________________
Today, crime is thought of as an urban phenomenon, but for most of human
history it was the rural world that was crime-ridden. Pirates, highwaymen and
bandits attacked trade routes and roads, at times severely disrupting
commerce, raising costs, insurance rates and prices to the consumer.
According to criminologist Paul Lunde, "Piracy and banditry were to the preindustrial world what organized crime is to modern society.” As Lunde
states, "Barbarian conquerors, whether Vandals, Goths, Norsemen, Turks or
Mongols are not normally thought of as organized crime groups, yet they
share many features associated with successful criminal organizations. They
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were for the most part non-ideological, predominantly ethnically based, used
violence and intimidation, and adhered to their own codes of law.”
4__________________________
Organized crime most typically flourishes when a central government and
civil society is disorganized, weak, absent or untrusted. This may occur in a
society facing periods of political, economic or social turmoil or transition,
such as a change of government or a period of rapid economic development,
particularly if the society lacks strong and established institutions and the rule
of law. The collapse of the Soviet Union and the Revolutions of 1989 in
Eastern Europe that saw the downfall of the Communist Bloc and
establishment of new systems of democracy and free market capitalism in the
region created a breeding ground for organized criminal organizations. Most
of the countries fell upon economic turmoil with their markets being flooded
with western products that had previously been barred by the communists
regimes at exceptionally high prices and a lack of interest in importing from
Eastern Europe. This led to many turning to illegitimate means of making a
profit, most of the time these efforts were backed by former secret service
and police force who were now out of the job.
C. DISCUSSION
C1. Discuss the following:
1. How does organized crime affect public health and safety? (think of
counterfeit goods, pharmaceuticals, electrical products, etc.)
2. How does organized crime impact the average citizen financially?
(think of car theft, identity theft, insurance fraud, etc.)
3. Do you agree with the opinion of Paul Lunde that conquerors, such
as Mongols or Vandals, have much in common with organized
crime groups?
4. In your opinion, which are the most serious international crossborder crimes at present?
D. VOCABULARY
D1. Find in the text the English equivalents for the following:
- развитые индустриальные общества
- носить прозвище
- международная преступная сеть
- торговые пути
- иметь много общих черт
- деревни, наводненные преступными элементами
- придерживаться собственных сводов законов
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-
создавать благотворные условия для возникновения организованной
преступности
D2. Match the crime and its definition:
a)
when people risk money or possessions on
1. insider trading
the result of something which is not certain,
2. trafficking
such as a card game or a horse race
3. identity theft
b) the practice of putting pressure on someone
4. racketeering
in order to make them do what you want
5. loan-sharking
c)
any crime in which someone steals personal
6. bullying
information about and belonging to another
7. money laundering
person, for example their bank account
8. gambling
number or the number of their driving
licence, and uses this information to deceive
other people and get money or goods
d) when someone lends money at very high
rates of interest and often use threats or
violence to get the money back
e)
the buying and selling of illegal goods,
especially drugs:
f)
the crime of using secret information that you
have about a company or knowledge of a
situation to buy or sell
shares at
a
profit
g) when someone earns money through crime
and illegal activities
h) when money that has been obtained illegally
is put into legal businesses or bank accounts
in different countries, so that it is difficult for
people to discover where it came from
D3. Choose the right word.
The Mafia problem
To most Americans the terms organized crime and Mafia are the 1.same/
similar/ different. This unfortunate mistake 2.raised/ appeared/ arose
because so many criminals who made great reputations in the 1920s and after
came from Italy and, in particular, Sicily. The Mafia has for centuries been a
3.celebrated/ notorious/ familiar Sicilian organization. And some Sicilians
with Mafia 4.associations/ connections/ relations came to the United States.
But the Mafia as an organization was never 5.transplanted/ transferred/
transformed to the United States. Nor is there an American branch of that
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organization. Despite the seemingly overwhelming Italian 6.inclusion/
infraction/ involvement in American organized crime from the 1920s to the
1970s, most were non-Sicilians. And, 7.although/ despite/ nevertheless the
presence of Italians in crime, there have always been many other ethnic
groups equally involved. The persistence of the Mafia 8. story/ legend/
anecdote results from the fact that organized crime and the motion picture
industry became established at about the same time. Gangster films, from
‘Little Caesar' in the 1930s to ‘The Godfather' in the 1970s, have given the
viewing public a 9. fascinating/ unusual/ stimulating but distorted notion of
the underworld. Today organized crime has 10. less/ fewer/ little to do with
ethnicity than it does with exploring every possible 11. street/ avenue/
boulevard of illegal and legal gain, often on an international scale.
D4. Read the text below and write the word which best fits in each gap.
Shoulder Surfing
Many people now carry plastic cards for 1_______ purposes. These cards
2_______ be used for buying things or taking money from a 3________.
They are also used for making telephone calls, which later appear on your, or
your company's, bill. Normally, you can use the number by itself, without
having the card with you. This means that 4________ who knows your
number can use it to make 5______ calls or buy 6______ by phone. The cost
will appear on your bill, which you may not get until 7_______ weeks later.
At banks, hotels and airports and other 8_______ places where people use
these cards, a new type of criminal has appeared. Known as 9_______
surfers, they look over people's shoulders and memorize the numbers they
see. They have trained their 10________ to remember long numbers and they
often work in teams and share the 11______ they have collected. One
businessman left his telephone card in a public phone box. Realizing what he
had done, he hurried back. The card was still there but he knew the number
might have been taken, so he called the phone company. His card was
cancelled 12_______, less than five minutes after he had left it. But in those
few minutes, four hundred illicit phone calls had been made using his
number.
E. READING AND COMPREHENSION
E1. Divide into pairs. You both have identical texts marked A and B and
both of you have some bits of information missing. Prepare the questions
to be asked in writing. Student A works with text A and student B with
text B. Ask each other questions and get the texts restored in full.
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TEXT A
AL CAPONE (1899–1947)
Perhaps the best-known gangster of all time, Al “Scarface”
Capone was the most powerful mob boss of his era. He
dominated organized crime in the Chicago area during the
years (1) _____, when he was imprisoned for federal
income tax evasion.
Alphonse Capone was born (2) _____, in a tough
neighborhood of Brooklyn, N.Y. He attended school up to
the sixth grade. His nickname, Scarface, resulted from a
knife attack by the brother of a girl Capone had insulted that left three scars
on his face.
At age 26 Capone was managing more than (3) ______ employees with a
payroll of more than (4) _____ a week and demanding their total loyalty. His
most famous escapade occurred in 1929 with the attempted slaying of his last
rival, George “Bugs” Moran, an event that became known as the (5) _____.
Five of Capone's gang, dressed as police officers, walked into Moran's
bootleg headquarters, lined up seven of his men, and gunned them down.
The government was eventually able to convict Capone on charges of federal
income tax evasion, and he was sentenced to Atlanta's federal prison (6)
_____. In 1934 he was transferred to Alcatraz prison in San Francisco. He
was paroled in 1939. Suffering from syphilis that had begun to drive him
insane, he was unable to run the Chicago mob. Capone spent the rest of his
life in his Miami Beach mansion, where he died on Jan. 25, 1947.
During the 1930s (7) _____ was depicted by Hollywood in a series of bloody
and violent movies. Callous as these gangsters were, their screen images still
became heroes to countless numbers of youthful moviegoers.
TEXT B
AL CAPONE (1899–1947)
Perhaps the best-known gangster of all time, Al
“Scarface” Capone was the most powerful mob boss of
his era. He (1)_____ in the Chicago area from 1925
until 1931, when he was imprisoned for federal income
tax evasion.
Alphonse Capone was born on Jan. 17, 1899, (2)
_____. He attended school up to the sixth grade. His
nickname, Scarface, resulted from a knife attack by the
brother of a girl Capone had insulted that left three scars on his face.
At age (3) _____ Capone was managing more than 1,000 employees with a
payroll of more than $300,000 a week and demanding their total loyalty. His
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most famous escapade occurred in (4) _____ with the attempted slaying of
his last rival, George “Bugs” Moran, an event that became known as the St.
Valentine's Day Massacre. Five of Capone's gang, dressed as police officers,
walked into Moran's bootleg headquarters, lined up seven of his men, and
gunned them down.
The government was eventually able to convict Capone on charges of federal
income tax evasion, and he was sentenced to (5) _____ for 11 years. In 1934
he was transferred to Alcatraz prison in San Francisco. He (6) _____ in 1939.
Suffering from syphilis that had begun to drive him insane, he was unable to
run the Chicago mob. Capone spent the rest of his life in his Miami Beach
mansion, where he died on Jan. 25, 1947.
During the 1930s the business of organized crime was depicted by
Hollywood in a series of bloody and violent movies. Callous as these
gangsters were, their screen images still became heroes
to (7) _____ .
F. SYNONYMS
F1. In pairs find the synonyms to the entries taken from the text (in the
box).Write two/three sentences using them.
Broadly speaking, all crime is against the state, or government, insofar as it
disturbs the public order and tranquility. But there are three criminal
activities that are directed against the existence of the state itself: treason,
sedition, and rebellion.
treason (noun)
Synonyms:
treachery, disloyalty, faithlessness, perfidiousness, perfidy, treacherousness,
deceit, deceitfulness; duplicity;
disturb (verb)
Synonyms:
bother, discombobulate, disquiet, flurry, fluster, perturb, unhinge, upset,
terrify; bewilder, distract, perplex, puzzle; discommode, incommode,
inconvenience, trouble
order (noun)- 1. orderly conduct (about to call the meeting to order when the
interruption occurred)
Synonyms:
correctitude, correctness, decorousness, decorum, orderliness, properness,
propriety, seemliness
order (noun)- 2. orderly arrangement or disposition (troubled by the lack of
order in their daily lives)
Synonyms:
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method, orderliness, pattern, plan, system
G. PROJECT-WORK
G1. Using various sources of information, make a 5-7-minute report on
organized crime in different countries.
G2. Read the text. Search in a good dictionary for any relevant
information on these two notions and words they produce:
Intelligent/Intelligence. Present your findings to the class.
The Problem of Moles
Perhaps the most serious threat to an intelligence agency is the double agent,
commonly called a counterspy, or mole. A mole works for an agency in his
or her native country, but also, secretly, for the agency of an unfriendly
nation.
Every major agency has had its moles, and some of them have done great
disservice to the countries of their pretended loyalty. Probably the most
notorious mole in modern history was Harold A.R. “Kim” Philby, who—with
his associates Guy Burgess, Donald Maclean, and Anthony Blunt—
cooperated secretly for years with Soviet Union intelligence while working
for the British intelligence agency, MI-6. In 1963, fearful of being found out,
Philby defected to the Soviet Union, where Burgess and Maclean had fled
some years earlier.
UNIT 5
JUVENILE CRIME
A. GETTING STARTED. COMMUNICATION POINT
Discuss the following:
1. At what age does a child know right from wrong? 5 years old, 10
years old? 15 years old?
2. In your opinion, why do children commit crimes? Make a list of
causes.
3. When a child kills, who do you think is most responsible? The
parents? Society?
B. READING
B1. Read the article and answer the question: what is the latest “trend”
in American criminal justice?
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13-year-old gets life
Thirteen-year-old Peter Barton (not his real name) was playing with a little
girl of 6. Claiming that he was a professional wrestler, Peter punched, kicked
and stamped his 6-year-old playmate to death. Her liver was damaged, her
skull was fractures. Medical experts compared the injuries to a fall from the
top of a house. Peter was tried in a court as an adult and sentenced to life in
prison with the possibility of parole when he is 38. Peter is one of many
children in the latest trend in criminal justice: if you are old enough to kill,
you are old enough to face adult penalties. That is what a Supreme Court of
California, Florida and Texas are saying – and the trend is spreading fast
across the United States.
“What we are dealing with is a new kind of childhood criminal. They are
starting younger and they know what they are doing. They won’t think twice
about killing”, said Florida State District Attorney Adam Emmitt. The State
of Florida alone registered 312 homicides committed so far this year by
minors. Most of those homicides wee gun-related.
The trend has children’s rights activists in a rage. Lisa Weston, a member of
one group which is trying to prevent children being tried as adults said, “No
one understands why Peter did what he did – not even Peter”. Peter Barton
begins his life sentence on Monday.
C. DISCUSSION
C1. Think of the following and provide your opinion.
1. Is it really possible that a 13-year-old boy could maliciously and
intentionally kill a young girl?
2. Do you agree with the opinion that “if you are old enough to kill,
you are old enough to face adult penalties”? Is Peter’s punishment
fair?
3. What are the ways to prevent juvenile crime?
C2. Discuss the following situations in small groups. Decide what should
happen to the people in each situation: should they go to prison – an
adult prison or a young offender’s institution? How long for? Or should
something else happen?
Situation 1
A 6-year-old boy gets so angry with his younger brother that he sits on him
until he stops breathing, shouting “I hate you, I hate you”. The brother dies.
This 6-year-old told his parents he had had enough of his brother.
Situation 2
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A 16-year-old shoots his father dead after the father has a violent
confrontation with the boy’s mother. “He got what he deserved. My mother
has put up with enough abuse already”, says the boy.
Situation 3
Two young larcenists in Florida, 14 and 15 years old, appeared before Judge
Larry Seidlin after stealing their twenty-fifth car in just two short years. After
the boys were released, they walked out of the courthouse and realized they
did not have bus fare for a ride home. Promptly, they stole number twenty-six
and crashed the vehicle into a fence less than an hour later.
D. READING AND COMPREHENSION
Task D1. Read the text and complete it with a-g
a. as a response to the increasingly violent crimes
b. they often emerged from prison with increased criminal knowledge
c. and it was founded on two basic principles
d. separate work farms and reform schools for convicted children
e. under certain circumstances
f. a growing number of juvenile criminals
g. and they were expected to behave accordingly
Juvenile Law in the USA: History
Before the nineteenth century, children were generally considered to
be young adults, (1) …………… . Children over the age of seven years who
were accused of crimes were prosecuted in adult court. If convicted, they
could be confined in an adult prison. By the nineteenth century, most states
had created (2) ……………., but some states still sent children to adult
prisons. Juveniles were not always rehabilitated in prison. After interacting
with adult criminals, (3) …………. and an increased resolve to commit
crimes.
In the late nineteenth century, progressive social discourse caused a
shift in the general. In 1899 the world's first juvenile court opened in
Chicago, (4) ………... First, juveniles lacked the maturity to take
responsibility for their actions the way adults could. Second, because their
character was not yet fully developed, they could be rehabilitated more
successfully than adult criminals.
In recent years, however, (5) ……….. are being tried as adults much the way they might have been before the advent of juvenile courts. In
part this stems from public outrage against children who, in increasing
numbers, are committing violent crimes. Interestingly, the overall rate of
juvenile crime has been decreasing since 1995. Since the early 1990s many
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states have adopted a "get tough" approach to juvenile justice (6) ………..
committed by children. As of 2003, many states had adopted legislation that
permits more children to be tried as adults. Now all states have a provision
allowing prosecutors to try juveniles as young as 14 as adults (7) ……….. In
some states, such as Indiana, South Dakota, and Vermont, children as young
as 10 can be tried as adults.
Task D2. Read the text again and match the underlined words to their
meanings
1) a change in the way people think about something - …
2) a feeling of great anger and shock - …
3) strong determination to succeed in doing something - …
4) serious conversation or discussion between people -…
5) the quality of behaving in a sensible way like an adult - …
6) very strict or firm - …
7) the time when something first begins to be widely used - …
8) to develop as a result of something else - …
9) to keep someone in a place that they cannot leave - …
10) to act, or have some effect, on each other - …
Task D3. Divide into pairs. You both have identical texts marked A and
B and both of you have some bits of information missing. Prepare the
questions to be asked in writing. Student A works with text A, and
student B with text B. Ask each other questions and get the texts restored
in full.
TEXT A.
The Federal Bureau of Investigation (FBI)
The FBI, a branch of the Department of Justice, is the best known of the
federal police authorities. It was founded in (1) _____ by the attorney general
of the United States, Charles Bonaparte, as the Bureau of Investigation. The
bureau was authorized by an executive order of President (2) _____, not by
an act of Congress. Its early (3) _____ were investigating antitrust cases,
crimes committed on government property, and crimes committed by
government officials.
In 1924 J. Edgar Hoover was named director of the bureau by Attorney
General Harlan Fiske Stone. Hoover thoroughly reorganized the bureau and
made it into the most efficient police and investigative force in the world. He
established (4) _______ in 1924 to keep extensive fingerprint records. The
FBI crime laboratory was started in 1932 to provide scientific crimedetection facilities. The laboratory is also used by state and local lawenforcement agencies. Its technicians are experts in chemistry, physics, and
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engineering, and they perform examinations concerning ballistics and
firearms identification, serology, metallurgy, spectrography, explosives, hair
and fiber analysis, and handwriting identification.
In 1935 the FBI Academy was opened at (5) _____, as a school for training
law-enforcement officials. It is used for (6) ______ as well as for giving short
courses to state and local police personnel. The National Crime Information
Center, established in 1967, is probably the most comprehensive
computerized information bank on crime and criminals in the world. It
provides assistance to police agencies in all the states and to the Royal
Canadian Mounted Police.
TEXT B.
The Federal Bureau of Investigation (FBI)
The FBI, a branch of the Department of Justice, is the best known of the
federal police authorities. It was founded in 1908 by (1) ______of the United
States, Charles Bonaparte, as the Bureau of Investigation. The bureau was
authorized by an executive order of President Theodore Roosevelt, not by an
act of Congress. Its early duties were investigating antitrust cases, crimes
committed on government property, and crimes committed by government
officials.
In 1924 (2) _____ was named director of the bureau by Attorney General
Harlan Fiske Stone. Hoover thoroughly (3) _____ and made it into the most
efficient police and investigative force in the world. He established the FBI
Identification Division in 1924 to (4) _____. The FBI crime laboratory was
started (5) ______ to provide scientific crime-detection facilities. The
laboratory is also used by state and local law-enforcement agencies. Its
technicians are experts in chemistry, physics, and engineering, and they
perform examinations concerning ballistics and firearms identification,
serology, metallurgy, spectrography, explosives, hair and fiber analysis, and
handwriting identification.
In 1935 (6) _______ was opened at Quantico, Va., as a school for training
law-enforcement officials. It is used for training new agents as well as for
giving short courses to state and local police personnel. The National Crime
Information Center, established in 1967, is probably the most comprehensive
computerized information bank on crime and criminals in the world. It
provides assistance to police agencies in all the states and to the Royal
Canadian Mounted Police.
E. TRANSLATION
E1. Translate the following paragraph in writing.
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Destitution, poor living conditions, inadequate education, malnutrition,
illiteracy, unemployment and lack of leisure-time activities are factors that
marginalize young people, which makes some of them vulnerable to
exploitation as well as to involvement in criminal and other deviant
behaviour. If preventive measures address the very causes of criminality,
rehabilitation programmes and services should be made available to those
who already have a criminal history. In general, youth delinquency begins
with petty offences such as robbery or violent behaviour, which can be easily
traced by and corrected through institutions and community and family
environments. Indeed law enforcement should be a part of rehabilitation
measures. Finally, the human rights of young people who are imprisoned
should be protected and principles of penal majority according to penal laws
should be given great attention.
(From the UN World Programme of Action for Youth on Juvenile
Delinquency)
UNIT 6
COMPUTER CRIME
A. GETTING STARTED. COMMUNICATION POINT
А1. Discuss the following:
1. If someone said to you: “As computer crimes are increasing, it is
safer not to use the computer”, what would your answer be?
2. Can you think of the examples of the crimes which can be
committed via computers?
B. READING
B1. Read the text and complete it with the word that best fits in the
space.
Theft; use; enterprise; intent; information; commit; connect;
average; institutions; gain; break into
Computer Crime
Computer crime is a way to 1______ crime, not a type of crime. By the mid1980s computers were in use in nearly every kind of commercial, financial,
and industrial 2_______. As record-keeping devices computers are
unsurpassed in the amount of 3______ that can be kept on a readily available
file. Credit-card companies, banks, savings and loan associations, insurance
companies, credit bureaus, and many other 4_____ keep computerized
customer files. This information is for the private and confidential 5_____ of
the customer and the institution.
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Access to such confidential information has been gained by computer
experts, often with the 6_____ to defraud or embezzle. Someone working
within a bank or other financial organization may easily 7_____ access to the
company's computers to transfer funds to his own or a friend's account or to
another bank.
Owners of personal home computers have found ways to 8_____ company
computer systems. To accomplish a break-in of this kind, a computer
operator needs a modem, a device that will 9_____ his computer by
telephone to another computer system. He also needs to know how to access
another system through its code. For the 10_____ person, this would be a
very difficult task; but for someone well-versed in computer logic, it has
proved relatively easy. Billions of dollars are being lost through computer
11_____ each year.
B2. Read the text and guess the meaning of the expressions in bold type
from the context. Try to explain the expressions in bold type in your
own words. Compare your ideas.
Hacking was the first computer crime that most of us became aware
of. By using their computing expertise, people known as hackers can gain
unauthorized access to someone else’s computer and make use of the data
which they find there. They may, for example, get hold of lists of the names
of their competitors’ clients and use these to build up their own businesses, or
they may use hacking as a form of industrial espionage to find out a rival
company’s plans. Other hacking activities may be more obviously criminal,
in that hackers may log on to financial data in someone else’s computer and
either alter it illegally or use it for fraudulent purposes.
The possibility of serious financial fraud has been greatly increased
by the modern practice of purchasing goods through the Internet. Apparently,
the use of credit cards to pay for such purchases has led to record levels of
fraud with a great many people being swindled out of a great deal of
money. Banks are working hard to improve online security and to provide
safeguards for customers, but fraudsters are working just as hard to improve
their crooked techniques.
Many computer users worry in case their systems are affected by
computer viruses. The people who introduce such bugs into other people’s
programs may not intentionally be committing a crime, but may be doing so
as an act of mischief or spite. The motive doesn’t really matter to the people
whose data has been deleted or altered or whose files have been corrupted.
Computers are part of a highly technical method of working, in which there
are constantly new developments. Unfortunately, there is also a constant
84
stream of new developments in the fraud industry associated with them. All
computer users must be on their guard.
C. VOCABULARY
C1. Match the words in Column A with their meaning in Column B.
Column A
Column B
1. mischief
a. cheated
2. expertise
b. dishonest
3. fraudulent
с. skill and knowledge
4. crooked
d. methods
5. swindled
e. damage or harm that is done to someone
6. safeguards
f. made unreliable
7. techniques
g. intended to deceive people
8. corrupted
h. protective measures
C2. Here is the list of some computer crimes. Can you say what these
crimes involve?
1. Malware (malicious software) 2. Identity theft 3. Cyberstalking 4. Denial-of-service attack 5. Information warfare –
C3. Match the definition to each type of crime listed above:
a) an attempt to make a computer resource unavailable to its intended
users, it generally consists of the concerted efforts of a person or
people to prevent an Internet site or service from functioning
efficiently or at all, temporarily or indefinitely.
b) software or software component that intentionally causes
undesirable activities in a computer or information system. These
include viruses and worms.
c) is the use and management of information in pursuit of a
competitive advantage over an opponent. It may involve collection
of tactical information, spreading of propaganda or disinformation
to demoralize the enemy and the public, and other techniques.
d) any crime in which someone steals personal information about and
belonging to another person, for example their bank account number
or the number of their driving licence, and uses this information to
deceive other people and get money or goods
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e)
is the use of electronic means to repeatedly engage in the harassment
or threatening of individuals or organizations, repeatedly sending
message that include threats of harm or are highly intimidating;
engaging in other online activities that make a person afraid for his
or her safety.
D. DISCUSSION
D1. Discuss the following:
Responsibility for securing computers against crime largerly rests with the
user (individual or organization). Do you agree that the government and
industry should do more to protect users?
E. GRAMMAR POINT
E1. Complete these sentences with the correct prepositions.
1.
2.
3.
4.
5.
6.
7.
8.
A personal computer connected ___ the Internet without protection may
be infected ___ malicious software ___ under a minute.
Criminals can gain control ___ multiple computers and use them to
attack a specific target.
The growth of e-commerce, ___ 45% of internet users participating in
some form, and the dependence of many aspects of financial life ___
computers, have increased financial motivation ___ computer crime.
Criminal law generally applies ___ illegal acts regardless ___ the
medium used to commit the act. An exception is the Computer Misuse
Act 1990 which focuses specifically ___ computers.
Some organizations, including businesses, are reluctant to disclose
security incidents ___ fear ___ damage ___ their reputation.
Software manufacturers are ___ pressure to release their products rapidly
due ___ the competitive nature of the market.
Home users are largely responsible ___ their own computer security.
However, they may not realize thet they themselves are acting illegally if
malware ___ their PC produces spam or sends viruses ___ other PCs.
Legislative change to address the increase ___ computer crime and
diversity ___ it is currently ___ progress. There are several technologies
available to improve computer security but their effectiveness may be
limited ___ user awarness and education.
F. WRITING
F1. Answer these questions in full sentences.
1. What is/are the disadvantage(s) of computers?
2. Name the kinds of data that computer hackers can get.
86
3.
4.
5.
UNIT 7
What are banks doing to improve online security?
What precautions can you take against computer hackers?
What advice would you give to someone who is making an online
purchase with their credit card?
CRIME
STORIES
A. GETTING STARTED. COMMUNICATION POINT
A1. Discuss the following:
a) What irritating habits might provoke a partner or relative to
violence?
b) Do you think “crimes of passion” should be punished differently
from crimes which are planned? Give reasons to support your idea.
B. READING AND COMPREHENSION
B1. What do the following words from the article mean? Use a
dictionary to help you and tick the correct answer.
row:
a) a short angry argument
b) an agreement
mustard:
a) hair that grows on a man's upper lip
b) a yellow sauce with strong taste
impeccable
a) perfect
b) disorganized
chore:
a) a group of people who sing together
b) a small job that you have to do regularly
deteriorate:
a) to become better
b) to become worse
pent-up:
a) suppressed, not released
b) energetic
untidiness:
a) the trait of being messy
b) the trait of being neat
flail:
a) to wave arms or legs in an uncontrolled way
b) to break off in small thin pieces
lenient:
a) harsh, severe
b) not strict
87
B2. While reading the text note down the answers to the following
questions
a) How was the victim killed?
d) What is the accused like?
b) Why was the victim killed?
e) What was the punishment?
c) What was the victim like?
“Mr Mustard” is jailed
Mild-mannered Thomas Corlett, the houseproud husband who
strangled his wife after a row over a tube of mustard, was jailed for three
years yesterday after denying murdering his wife. It took the jury just ten
minutes to find the 58-year-old balding civil servant not guilty of murder, but
guilty of manslaughter on the grounds of diminished responsibility.
Corlett, described as a man of “impeccable character”, had gradually
taken over the household chores during his 26-year marriage, including
cooking and cleaning. After his wife became ill with asthma, their
relationship had deteriorated. Medical witnesses at the trial said Corlett was
like a houseproud housewife with a craving for perfection. A pent-up rage
built up in him over his wife’s untidiness. His wife started going on holidays
with a friend, never asking if he wanted to join them and never telling him
when she would be back. In 1985 she forgot to send him a birthday card for
the first time. Five weeks later the trivial row over the mustard led to her
death.
The snapping point came when the couple sat down to a supper of
sausages, green beans and mashed potatoes at their home on December 12,
1985. On the spot on the table where he normally put his newspaper was a
tube of German mustard. He moved it. His wife, Erika, 63, picked it up and
slammed it down in its original place. During the quarrel Erika stood up and
started flailing her arms. Corlett grabbed her by the throat and the couple fell
to the floor. Corlett called an ambulance when she fell unconscious but
minutes later Mrs Corlett was dead.
Defence counsel David Farrington handed over a glowing reference
from Corlett’s boss. The barrister said that Corlett would be extremely
unlikely to offend again, and asked for him to be sent home. Judge Jerald
Butler accepted that Corlett acted out of character but said that he could not
take the lenient course being urged upon him.
(from the Daily Mail)
B3. Now give the definitions of your own:
a) If you are a mild-mannered person, you ….
b) If you are a houseproud husband (wife), you …
88
c) If you provide a glowing reference, you…
d) If you have household chores, you …
e) If you act out of character, you …
B4. Discuss the following:
1. Do you agree with the verdict of manslaughter for “Mr Mustard”?
2. Why do you think he was not accused of murder?
3. Do you think the law is too “soft” where domestic violence, such as
the “Mr Mustard” case, is concerned?
C. READING AND SPEAKING
C1. You are going to read some true stories about failed robberies. Each
story has a piece of information missing. Work in pairs and deduce from
the context what the missing information could be. Tell the class your
ideas. Then check with the key.
Thick as thieves*
1. In Camarillo, California, a man went into a department store and took
several suits into a dressing room. He carefully snipped off the security tag
from one suit and then put the suit on under his clothes. Rather than leave the
security tag behind, thinking it would be found and used as evidence, (1)
…………. . He was grabbed by a store employee as he stepped out of the
store.
2. A would-be robber had been casing a Boston bank for several days,
waiting for just the right moment to commit robbery. He went through the
customer line, and as he approached the teller's window, he produced a
handgun and announced loudly "This is a holdup, nobody move!" Much to
his unhappiness, the next five customers (2) ……….. . He quickly
surrendered with no shots fired. He failed to notice the FBI Field Office two
doors down.
3. A man walked into the corner store with a shotgun and demanded all of the
money from the cash register. After the cashier put the money in the bag as
instructed, the man demanded the bottle of Scotch he saw behind the counter.
The cashier refused to hand over the Scotch because he did not believe the
man was 21. The robber swore he was, but still the clerk refused. Finally, (3)
………. . As soon as he left, the cashier called and gave the police the name
and address of the man who had just robbed the store. The suspect was
arrested two hours later.
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4. A couple and their sleeping baby shared a table with a Spanish tourist
outside the Museum of Modern Art imn New York. A few minutes after the
couple left, the tourist realized that her handbag had been taken. The woman,
noticing (4)…….. phoned the police and calmly waited for the thieves to
return. They did indeed return ten minutes later and were promptly arrested.
5. In Louisiana a would-be criminal entered the bank and held it up for
several thousand dollars. In an attempt to quickly escape, the man ran into a
glass door. Though he made it out, he left half of his mask behind on the
door. (6) ………. . The suspect was arrested a few minutes later, half of his
face still covered in shaving cream.
-----------------------------------------------------------------“Thick as thieves” is an idiomatic expression which means “to be very close
or friendly”, but here it is used as a play on words because the thieves in
these situations were thick (stupid).
D. VOCABULARY
D1. Supply the text below with missing words.
Surveillance; darkness; departments; visual; rooms; telephone; listening
Surveillance technology
The two main types of surveillance require either (1) ________devices or (2)
____ instruments. Electronic eavesdropping may be defined as intercepting
conversations without the knowledge or consent of the participants. The most
commonly used form is wiretapping, the interception of (3) ____ or telegraph
messages. Tapping telephone lines has been done by police (4) ____ since
the 1890s. Today it is not necessary to break into telephone lines. Tiny radio
transmitters made of microcircuits can be inserted into telephone receivers.
Such transmitters - called bugs - can also be concealed in (5) ____ instead of
in telephones.
Binoculars, telescopes, cameras with telephoto lenses, closed-circuit
television, and video tape recorders are the main devices used for visual (6)
______. Closed-circuit television has become widely used by police and
private security systems. Devices requiring only a low light level have greatly
enhanced night surveillance. There are low-light-level television systems and
night-vision telescopes that function in virtual (7) ____.
D2. Choose the correct item
A crime is defined as such 1 (by/in/with) law. This first principle of legality
is the 2 (keynote/keystone/framework) of criminal law. The principle
directs that laws defining offenses be clear and 3 (strongly/strictly/toughly)
interpreted. And it forbids the 4 (approach/use/application) of the law
90
retroactively, meaning a law must 5 (be/have been/to be) in effect at the time
the act was committed. The United States Constitution forbids the passing of
6 (that/which/what) are called “ex post facto” laws - those that would make
some act a crime that was not illegal when done or that increase the
punishment for crimes 7 (previously/before/beforehand) committed. Legal
systems traditionally do not allow double jeopardy, 8 (mean/to
mean/meaning) prosecuting someone more than once for the same offense.
It is possible 9 (at/in/on) times for an individual to be tried for essentially the
same act in two different jurisdictions, or areas of authority. In the United
States a person may be tried 10 (with/for/of) murder in a state court and 11
(later/latter/after) tried for the violation of the victim's civil rights in a
federal court.
E. WRITING
E1. 1) Match the headlines from a local newspaper with the first lines of
their stories.
1.
2.
3.
4.
5.
JUVENILE CRIME RISING
DRUG ABUSE SCANDAL
PETTY CRIME CONTINUES
PENSIONER ROBBED
POLICE TARGET VEHICLE THEFT
a) 80-year-old Marianne Roberts had her house broken into and some money
and jewellery stolen while she was asleep in front of TV last night.
b) An increasing number of young people are getting involved in criminal
activity according to a report published yesterday.
c) So many cars have recently been stolen in the city that the police are
launching a special campaign to tackle the problem.
d) Small-scale robberies remain a significant problem in this area and police
are concerned that the problem may soon become more serious.
e) A number of TV celebrities have been named as having attended a party
where illegal drugs were being widely used.
2) Choose one story and write a short paragraph for a local newspaper
providing more details.
91
UNIT 8
REVISION
A1*. Name the crime (12 points)
1. unlawful premeditated killing of a human being by a human being –
2. the targeted killing of a public figure –
3. taking money or property by a person with whom it has been entrusted
such as an employee or agent –
4. entering a building unlawfully with intent to steal valuable property –
5. the state of having two (legal or illegal) spouses simultaneously; a
second marriage–
6. entry to another's property without right or permission 7. unlawful killing without intent to kill –
8. the crime of betraying one’s government, providing aid and comfort to
the enemy –
9. a crime of setting a fire with intent to cause damage –
10. criminal offense of making false statements under oath –
11. seizing control of a vehicle by the use of force –
12. the crime of making, adapting, or imitating objects, statistics, or
documents with the intent to deceive –
A2*. Sort out the words from the box according to their meaning into the
following categories (15 points):
industrial espionage; cyberstalking; fraudster; assault; racketeering;
homicide; thief; trafficking; identity theft; passing bad check; loan
sharking; pickpocket; malware; insider trading; rape
A.
B.
C.
D.
E.
crimes against persons:
computer crimes:
organized crimes:
business crimes:
someone who commits crimes:
A3*. Translate the sentences (8 points).
1. The jury that held Simpson liable consisted of six men and six women,
ranging in age from mid-20s to mid-70s.
2. He agreed the team had infringed the defendants' rights when they wrote
a book on the case.
3. As a lawyer, he was often the last good person that evil-doers met on
their way to prison.
4. Nearly 200 breaches of the rules have been reported.
92
5.
6.
7.
8.
The villagers pilfered stones from ancient ruined cities to build their
houses.
They admitted counterfeiting documents.
Democrats have always been concerned about the abuse of power, not
petty larceny.
The prosecutor said that Mr. Smith had had a long record of burglary and
assault.
A4**. Give the explanations of your own for the following (8 points)
1) blackmail 5) shop-lifting 2) vandalism 6) piracy 3) smuggling 7) bribery 4) desertion –
8) kidnapping A5**. Put the words from the box into the gaps (10 points).
Ignorance, premeditated, felony, vagrancy, decency, misdemeanor,
ransom, malice, intercept, harrassment
1. Other female officers have testified that they also suffered _____ in
the department.
2. Alfred beat his children for even the smallest _____
3. There was some evidence that she was in complete _____ of the
power of attorney and of her power of sale.
4. The maximum penalty for _____ murder is death or life
imprisonment.
5. The film was banned on the grounds of public _____.
6. Irvin is on probation after pleading no contest in July to a _____
charge of cocaine possession.
7. It is a federal crime to intentionally _____ a telephone conversation
or to disclose its contents.
8. The kidnappers were demanding a _____ of $250,000.
9. The cap seeks to limit the damages imposed to punish a defendant
found to have acted with _____.
10. The growing numbers of the poor were involved in begging, _____
and theft, all of which led to repressive reactions.
A6**. Choose the correct items to reconstruct the text (10 points)
It is generally agreed that the essential elements of a crime are voluntary
action or failure to act and a certain state of 1) brain/mind/head. Failure to
act includes not doing something an individual is required to do by 2)
93
law/court/trial, such as file an income tax form or get a driver's license
before 3) administering/ operating/ exercising an automobile.
It has long been said that ignorance of the law is no 4) sorry/ pardon/
excuse, and criminal-law systems generally recognize this principle. It is no
5) defense/ deterrence/ deficiency for a person to say he was unaware that
what he did was against the law. Behind this is the 6) disposition/
supposition/ suspension that criminal acts may be recognized as harmful and
immoral by any reasonable adult. It is generally recognized that persons
suffering from 7) insane/rationale/mental defects are not responsible for
their actions. In most countries being drunk is not treated as a mental 8)
incapacitation/ incapacity /inability. Russian law is especially hard on
those who have committed offenses while 9) duing/under/behind the
influence of alcohol. In other nations, by contrast, such offenses have been
dealt with relatively lightly. The law recognizes that the use of even deadly
force may be justified under some circumstances. Such 10) special/
premeditated/ liable circumstances include cases of self-defense, including
the use of force in defense of others, by law-enforcement agents, or in
defense of property.
A7***. Odd one out (7 points).
1. theft
espionage
2. libel
defamation
3. breach
infringement
4. perjury
pickpocket
5. forgery
extortion
6. assault
desertion
7. ransom
murder
larceny
fraud
violation
burglar
fake
attack
homicide
pilferage
slander
malice
thief
counterfeit
mugging
manslaughter
A8*** Translate the text into English (5 points vocabulary, 5 points
grammar).
8 августа 1963 года в Англии произошло одно из
самых знаменитых ограблений двадцатого века.
Банда, которой руководил профессиональный вор
Брюс Рейнольдс, сумела без единого выстрела
ограбить поезд, в почтовом вагоне которого
находилось 2,6 миллионов фунтов стерлингов.
Ограбление сразу же окрестили как «Великое
ограбление поезда» (Great Train Robbery). Для совершения ограбления
преступники воспользовались элементарным приемом, просто сменив
сигнал семафора. Поезд остановился, грабители ударили машиниста по
94
голове и забрали деньги. В ограблении участвовало 15 человек и
длилось оно всего 20 минут. Источником вдохновения для грабителей
послужили истории о великих ограблениях на американском "Диком
Западе". Банду Рейнольдса постигла общая судьба грабителей поездов
— один из 11 бандитов попался и выдал всех остальных. Один из
участников банды, Ронни Биггс ухитрился бежать из заключения в 1965
году и, прихватив часть украденных денег, покинул Великобританию.
Биггс долгие годы открыто жил в Бразилии, которая не выдавала
Британии преступников, и даже записывал синглы с английскими
рокерами. Биггс вернулся в Англию только в 2001 году, желая умереть
на родине, и был немедленно водворен в камеру. Преступной
знаменитости уже 71 год, но, формально, ему все еще предстоит
отсидеть 28 лет срока.
-----------------------------------------------------------почтовый вагон – mail coach/ post office car
окрестить/ быть названным – to tag/ to be tagged as
сигнал семафора – semaphore signal
выдать кого-л. – give away/ betray/ extradite
95
APPENDIX 1
abduction
arson
assault
assassination
bad check
battery
be held liable (for)
bigamy
bid rigging
blackmail
bookmaking
breach of duty
bribery
bullying
burglary
confinement
conspiracy
consumer fraud
copyright
counterfeiting
criminal intent
decency
defamation
desertion
do evil
WORDS TO KNOW
embezzlement
espionage
excuse
extortion
felony
forgery
fraud
gambling
harassment
hijacking
identity theft
ignorance
infringement
intercept
insider trading
kidnapping
larceny
libel
loan-sharking
malice
manslaughter
misdemeanor
money laundering
mugging
obscenity
perjury
pickpocketing
pilferage
pilfer
piracy
premeditated
ransom
rape
rebellion
robbery
sedition
shoplifting
slander
smuggling
skimming
stowaway
treason
tax evasion
theft
trespass
trafficking
vagrancy
vandalism
APPENDIX 2
KEY
Unit 2
D4
1.accidental killing – 2.brutal killing – 3.contract killing – 4.deliberate killing
– 5.gang killing – 6.gangster killing – 7.hired killing – 8.intended killing –
9.justified killing – 10.lawful killing – 11.mass killing – 12.mercy killing –
13.negligent killing – 14.political killing – 15.professional killing –
16.provoked killing – 17.self-defence killing
D5
1-private 2-defined 3-unlawful 4-activity 5-offender 6-payment 7owner 8-medical 9-punitive 10-accidents 11-thief 13-unauthorized
14-prosecution
96
Unit 3
C2
a - extortion b - tax evasion с - insider trading d - passing bad checks e
– embezzlement f - consumer fraud g – conspiracy
F1
1-politicians 2-occupation 3-usage 4-perpetrators 5-conspiring 6competitor 7-bribing 8-constructing 9-defective 10-specifications
11-estimated 12-safety 13-corporate 14-executives 15-academics
Unit 4
D2
1f, 2e, 3c, 4g, 5d, 6b, 7h, 8a
D3. Mafia problem
1-Same, 2-arose, 3-notorious, 4-connections, 5-transplanted, 6-involvement,
7-despite, 8-legend, 9-fascinating, 10-less, 11-avenue
D4 Suggested answer
1-various 2-can 3-machine 4-anyone 5-phone 6-things 7-several 8crowded 9-shoulder 10-memories 11-information 12-immediately
Unit 5
D1
1g; 2d; 3b; 4c; 5f; 6a; 7e
D2
1 shift; 2 outrage; 3 resolve; 4 discourse; 5 maturity; 6 tough; 7
advent; 8 stem from; 9 confine; 10 interact
Unit 6
B1
1-commit; 2- enterprise; 3-information; 4-institutions; 5-use; 6-intent; 7gain; 8-break into; 9-connect; 10-average; 11-theft
C1
1e; 2c; 3g; 4b; 5a; 6h; 7d; 8f
E1
1 to, with, in
2 of/over
3 with, on, for
4 to, of, on
5 for, of, to
6 under, to
7 for, on, to
97
8 in, of, in, without
Unit 7
C1 Thick as thieves
1. he put it in his pocket and set off the alarm as he left
2. were armed FBI agents on their lunch breaks, attempting to cash
their checks
3. the robber handed over his ID and proved that he was indeed
twenty-one
4. that the forgetful couple had left their little child behind
5. Not having the money to buy a traditional mask, the man had
covered his face with a bottle of shaving cream.
D1
1-listening 2-visual 3-telephone 4-departments 5-rooms 6surveillance 7-darkness
D2
1-by 2-keystone 3-strictly 4-application 5- have been 6- what 7previously 8-meaning 9-at 10-for
APPENDIX 3 SOURCES
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
Encyclopedia Britannica © 2003
Encarta Encyclopedia © Microsoft 2004
Longman Interactive English Dictionary © 2000
Longman Contemporary English Dictionary © 2008
Words on words, © Penguin Books, 2000
Collins Thesaurus, © HarperCollins Publishers, 1995
Abbyy Lingvo 12
Random House Unabridged Dictionary
Lee D., Hall Ch., Hurley M. American Legal English. M.,2006
B. Kirkpatrick, R. Mok. Read and understand 2. Learners Publishing Pte
Ltd, 2005
R. MacAndrew, R.Martinez. Taboos and Issues
Inside Out Resource Pack
English Collocation in Use. Cambridge University Press.
Агабекян И.П. Английский для юристов. Ростов-на-Дону, 2003
www.un.org/youth
www.wikipedia.org
98
MODULE 7
CIVIL AND CRIMINAL PROCEDURES
UNIT 1
CIVIL PROCEDURE
A. GETTING STARTED
A1. Discuss the following
1. Are you a complainer? Who do you usually complain to?
2. Have you ever complained in a restaurant, hotel, airplane or train?
3. Have you ever wanted to sue someone?
4. Have you ever been in a court case?
5. Have you ever considered hiring a lawyer to settle some form of dispute?
If so, describe the situation and talk about why legal action through a
lawyer was an option you considered.
6. If a family member owed you money but refused to pay you back, would
you take the person to court? Why or why not?
B. READING
B1. Read the new words and try to memorize them
KEY VOCABULARY
bring a civil action - предъявлять иск;
plaintiff/ claimant - истец
defendant/ respondent – ответчик, обвиняемый, подсудимый
complaint -1) жалоба; рекламация; претензия 2) иск
serve (sth on sb) - вручать (судебный документ)
summons- извещение ответчика о предъявленном ему иске; судебная
повестка
constitute a wrong-составлять правонарушение; деликт; причинять
вред
issue in [of] law - спорный вопрос права, спор о праве;
issue in [of] fact - спорный вопрос факта, спор о факте;
counterclaim - предъявлять встречный иск
default judgement- судебное решение в пользу истца вследствие неявки
ответчика
discovery procedure - раскрытие, представление сведений, документов;
обнаружение (нового факта, преступления)
deposition - письменные показания под присягой; снятие показаний под
присягой
court reporter/ clerk - судебный секретарь; докладчик в суде, в судебном
заседании
99
burden of proof (= burden of proving) - бремя доказывания
preponderance of evidence (= preponderance of proof) - наличие более
веских доказательств, перевес доказательств (критерий доказанности
по гражданским делам и по делам несовершеннолетних)
B2. Read the text and be ready to do the tasks below.
WHAT IS A CIVIL PROCEDURE?
A person injured by the wrongful conduct of another may be able to obtain
relief from the court and bring a civil action against the wrongdoer. Civil
cases are usually disputes between or among private citizens, corporations,
governments, government agencies, and other organizations.
A civil action involves two parties. The party who brings a civil action is the
plaintiff (or claimant); the party against whom the civil action is brought is
the defendant. There may be many plaintiffs or many defendants in the same
case. Most often, the party bringing the suit is asking for money damages for
some wrong that has been done. For example, a tenant may sue a landlord for
failure to fix a leaky roof, or a landlord may sue a tenant for failure to pay
rent.
The plaintiff starts the lawsuit by filing a paper called a complaint, in which
the case against a defendant is stated. This step is usually done by the
attorney for the plaintiff. The complaint states the plaintiff’s claims, which
allegedly justify the relief demanded.
Next, the defendant must be properly served with a copy of the complaint and
with a summons. The summons is a court order which directs the defendant
to answer the complaint.
The defendant normally files an answer, where he or she may do one of the
following: 1) declare that even if the facts alleged in the complaint are true,
they do not constitute a wrong for which the defendant has any duty to pay or
otherwise act – this is an issue of law which is decided by the judge; 2) deny
the truth of the facts alleged in the complaint – this raises an issue of fact; 3)
admit the facts alleged but introduce other facts that excuse the defendant
from liability – the dispute can then proceed to trial.
The defendant may also feel that that there has been a wrong committed by
the plaintiff, in which case a counterclaim will be filed along with the
answer.
If the defendant doesn’t answer the complaint within the time allowed
(generally not more than 20 days), the plaintiff may win the case by default
judgement.
Both parties may engage in discovery procedures which are done under court
order to obtain facts about the case and to identify the issues in dispute. A
very frequently used discovery procedure is the deposition. In a deposition,
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parties and witnesses are questioned under oath by the opposing attorney
usually in the office of one of the attorneys, and in the presence of a court
reporter, who makes a written record of what is said. Depositions and other
discovery procedures, such as physical examinations of persons claiming
they were injured, help the attorneys learn the facts before the trial. Often, an
attempt is made to resolve the differences without trial and it leads to out-ofcourt settlement. If the attorneys cannot compromise and agree on some
settlement, either party may ask the court to set a date for the trial.
It is up to the plaintiff to prove the case against the defendant. In each civil
case the judge tells the jury the extent to which the plaintiff must prove the
case. This is called the plaintiff’s burden of proof, a burden that the plaintiff
must meet in order to win. In most civil cases the plaintiff’s burden is to
prove the case by a preponderance of evidence, that is, that the plaintiff’s
version of what happened in the case is more probably true than not true.
B3. Answer the questions to the text.
1. What are the two parties a civil action involves?
2. How does the plaintiff start the lawsuit against the defendant?
3. What is the summons?
4. What are the three answers the defendant files in case of a civil case
brought against him/her?
5. Why does court sometimes order discovery procedures?
6. Who is responsible for the burden of proof and why?
B4. Find these phrases and expressions in the text.
1. денежная компенсация ущерба
2. распоряжение суда
3. арендатор,
4. дело может быть передано в суд
5. отрицать достоверность фактов
6. урегулировать противоречия вне суда
7. освобождение ответчика от ответственности
8. собственник недвижимости
9. подать встречный иск
10. допрос под присягой
11. судебный протокол
12. признавать факты
13. внесудебное урегулирование
C. VOCABULARY
C1. a) Match the terms with their definitions.
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b) In pairs, check how many of these you can memorize. Student A reads
the definition and Student B, having his/her book closed, answers. Then
change roles.
trial; complaint; tort; summons; deposition; burden of proof;
counterclaim; preponderance of evidence
a) under civil law, a wrong committed by one person against another is …
b) proceedings in a court, in which the judge or jury listens to the parties'
presentation of evidence and then makes a decision based on the law
c) most of the
evidence in a law case
d) an official order to appear in a court of law
e) a statement written or recorded for a court of law, by someone who has
promised to tell the truth
f) the duty to prove in court that something is true
g) a statement in which someone complains about something
h) a claim made by a Defendant for his / her own personal injury, loss or
damage where he / she seeks to blame the Claimant for the accident.
C2. Fill the gaps with the missing words from the box.
plaintiff; defendant; complaint; summons; out-of-court settlement;
order; money damages; liability; tenants
court
1. Twelve ____________ of the Lockwood housing complex are taking part
in the lawsuit against their landlord.
2. Ten ______________ are suing the companies for damages from the blast.
3. The court ruled there was no ___________ to pay any refund.
4. The court awarded him £15,000 in _____________ .
5. She's under a _______________ to stay at least 500 yards away from her
ex-husband.
6. But Education Department lawyers made the ______________________
and agreed to pay his £12,000 costs.
7. He had been accused of a drug offence but police had been unable to serve
a __________ on him.
8. None the less, annual employee ____________________ filed with the
federal Equal Employment Opportunity Commission have doubled.
9. According to the __________________ , the heroin was destined for the
New York City area.
C3. PERSONS IN COURT. Complete this diagram with the words and
definitions below
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1) ………..
2) ……..
6) ……….
5)……..
BAILIFF
COURT
3) ……..
APPELLANT
4) ………
1)
2)
3)
4)
5)
public official who has the authority to hear and decide cases
person who is sued in a civil lawsuit
employee who takes records, files papers
person who pleads cases in courts
person who has specialized knowledge of a particular subject who is
called to testify in court
6) person who initiates a civil lawsuit
7) officer of the court whose duties include keeping order and assisting the
judge and jurors
8) person who appeals the decision to a higher court
C4. COLLOCATIONS: CASE. Study the following collocations with the
word “case” and translate the sentences. Complete the table with the
examples of your own.
bring
consider
CASE
drop
decide
plead
argue
hear
John Garcia said he would seek to bring a case against
the British government on human rights grounds.
The 11-judge panel is scheduled to consider the case
Nov. 20.
New evidence was presented to the court and the case
was dropped.
The illusion that juries are deciding our civil cases is
encouraged by the judges themselves.
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win
loose
dismiss
D. DISCUSSION
D1. Read the article below and discuss the following questions:
1) What is the author’s main idea?
2) Do you agree that giving people the right to sue for whatever they
want is “incorrect idea”?
3) Do you think it is easy to differentiate between legitimate claims and
unreasonable ones?
Lawsuits are drowning America
The fear of possible lawsuits has actually changed the culture of America.
Talk to teachers. Keeping discipline is hard when students can threaten that
any decision might violate their presumed rights. Forget about putting an arm
around an upset second-grader - someone might claim it was an unwanted
sexual advance. Visit a playground and look for a seesaw*. They are rapidly
disappearing, going the way of merry-go-rounds*, diving boards, and other
joys of childhood. No court ever held that seesaws are too dangerous, but
who will protect the school board if one youngster gets off too soon and the
other child breaks an ankle*? Ministers in some churches are told not to
counsel troubled parishioners*, because - who knows? - someone might sue
if the couple gets divorced.
Today Americans know that any angry person can unilaterally put you
through the horror of years of litigation. Almost everyone is aware of
someone who has suffered under the threat of litigation. Recently, a doorman
whom I know nervously showed me a complaint in which he was being sued
for $1,000,000 for a minor car accident a year ago in which no one went to
the hospital. He is having trouble sleeping. Is this justice, or extortion?
The unreliability of justice is causing a meltdown in our common institutions.
Something is terribly wrong here. Americans in all walks of life* no longer
feel free to do what they know is right. The one thing that almost no one has
questioned is that people have a right to sue. That is what they have been
taught justice is. Yet, what about the right not to be sued?
We forget sometimes that law is important in a free society. Law is supposed
to make us feel comfortable doing what is right and nervous doing what is
wrong. Today, Americans feel nervous doing almost anything.
Giving everyone the right to sue for whatever they want, we have been told,
is our protection, but that idea is incorrect. Lawsuits turn into a weapon for
extortion if the law doesn't draw the boundaries of who can sue for what.
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Lawsuits themselves can constitute an abuse if the judge doesn't define what
is a legitimate claim and what is not. Judges have to make sure that claims
are reasonable. If someone sues over an ordinary event, like a child falling
off a seesaw, the judge should throw it out. Otherwise, all the seesaws will
disappear because school boards won't take the risk of a lawsuit. Today we,
Americans, realize that we can get sued for almost anything. That is why
legal fear has infected our culture.
(From the USA Today, March 2003)
-------------------------------------------------------------------------------seesaw – качели
merry-go-round – карусель
ankle – лодыжка
parishioner – прихожанин
all walks of life – все слои населения
D2. Discuss in pairs or in small groups the following cases to decide
whether the claim in each case is legitimate or not. What do you think
the court ruling would be? Check with the key to see if your view
coincides with that of the judge’s.
Case 1
In 2004, Timothy Dumouchel, from Fond du Lac, Wisconsin sued a
television company for making his wife fat and transforming his children into
“lazy channel surfers”. He said: “I believe the reason I smoke and drink every
day and my wife is overweight is because we watched the TV everyday for
the last four years”.
Case 2
In 2001 Cathy McGowan, 26, was overjoyed when a DJ on Radio Buxton
told her that she had correctly answered a quiz question and had won the
competition prize: a car by Renault. Ecstasy collapsed into despair, however,
when she arrived at the radio station and was presented with a 4-inch model
of the car. She sued the radio station.
Case 3
Giran Jobe, a 36-year-old bodybuilder, was doing regular two-hour weight
lifting sessions - and the noise when his power weights came crashing down
on the floor of his top-floor flat - was so bad that it reached as much as 100
decibels, according to monitors installed by the local council. In other words,
as loud as the noise on the platform of a Tube station as a train arrives. After
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his workouts became intolerable to his neighbours, they sued him for the
breach of a noise abatement order*.
-------------------------------------------------noise abatment order – распоряжение о борьбе с шумом
Case 4
The Supreme Court of Austria was asked to rule that Matthew Hiasl Pan, a
chimpanzee, is a person. An animal-rights group launched the unusual legal
bid in order to legally adopt Matthew after the shelter he had lived in for 25
years closed. The group argued he should legally be considered a person on
the grounds that chimpanzees share 99.4 per cent of human DNA.
Case 5
A court in Macedonia heard a case in which a brown bear was accused of
stealing honey. Zoran Kiseloski, a beekeeper, tried numerous attempts to stop
the bear getting into his hives, including flooding the area with generatordriven light and blaring out music from a stereo system. Kiseloski's choice of
"turbo-folk" should have been enough to drive any creature away but the bear
kept coming back. Eventually, Kiseloski took legal action.
E. WRITING
E1. Write a short opinion on one of the cases above. Remember to
provide arguments to prove your view.
UNIT 2
CRIMINAL PROCEDURE:
PRETRIAL EVENTS
A. GETTING STARTED. COMMUNICATION POINT
A1. Being arrested is not a pleasant experience. However, it happens and
if people are arrested and accused of a crime they will need to know
what to do and how to act during and after the arrest to keep their rights
protected. Help them by answering the following questions:
1. What happens if I run or resist arrest?
2. Should I answer questions?
3. Can I convince the police of my innocence?
4. When should I give permission for the police to search my car or house?
106
5. When they tell me, "Things will go easier if I talk" is it true?
B. READING
B1. Study the words below and try to memorize them.
KEY VOCABULARY
pre-trial - досудебный
release - освобождение ( от ответственности, из-под стражи и т.п. )
plea - заявление оснований иска
enter a plea - подача заявления оснований иска или обвинения или
оснований защиты против иска или обвинения
warrant - приказ; ордер (на обыск, арест и т.д.); предписание
custody - задержание; лишение свободы; содержание под стражей;
тюремное заключение
investigation - расследование; дознание
charge - обвинение; пункт обвинения | обвинять justify - оправдывать; извинять; обосновывать
counsel - участвующий в деле адвокат; барристер
expenses - расходы, издержки
public defender - 1) ответчик по апелляции 2) защитник
appearance - появление; явка; регистрация явки
recognizance - 1) обязательство, данное в суде (занесённое в судебный
протокол)
authorize - уполномочивать; управомочивать, давать право
bail - поручительство
to flee from prosecution - скрываться от уголовного преследования
parole - 1) честное слово; обещание 2) условно-досрочное освобождение
под честное слово | условно-досрочно освобождать под честное слово
probation - пробация, система испытания (вид условного осуждения)
B2. Read the text and be ready to do the tasks below.
A criminal action is a lawsuit brought by the state or by a city or by a county
(also known as the people) against a person accused of a crime. If found
innocent, the person is realeased. If found guilty, the person is sentenced by
the judge. Under law, a person is presumed to be innocent until: a) guilt is
admitted or b) guilt is proven doubt in a competent court. Codes of procedure
specify in detail the conduct of a trial – this is done to protect the rights of the
accused person. Even before a suspect is arrested, certain procedural rules
govern the activities of the police and the rights of the suspect. Because each
jurisdiction develops its own procedures, the names of the various pretrial
proceedings and the order in which they occur vary.
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Investigation and Arrest
The first step in a criminal prosecution is normally a pre-arrest investigation
in which the police seek to determine (1) whether a crime was actually
committed; and (2) if it was committed, whether there is sufficient
information pointing to the guilt of a particular individual to justify arresting
that person. The pre-arrest investigation may involve, among other
techniques, personal observation by a police officer, questioning of witnesses
and the suspect, and collecting and examining physical evidence left at the
scene of a crime.
The next step is the arrest of the suspect which can be made with or
without a warrant (a document issued by a court prior to an arrest that clearly
specifies the nature of the offense for which the suspect is being arrested).
A judge may issue an arrest warrant if either a police officer or a private
person swears under oath that the accused has committed a crime, or that a
crime has been committed and there is probable cause for believing the
accused committed it. A police officer may properly make an arrest without a
warrant if a felony (serious crime) is committed or attempted in the officer's
presence, or if the officer reasonably believes a felony has been committed
and that the accused did it. A police officer may also make an arrest for any
misdemeanor (minor offense) committed or attempted in the officer's
presence.
An arrest is the process of taking a person into custody for the purpose of
charging that person with a crime. Before questioning a suspect in custody,
the police must inform him or her of certain legal rights, including the right
to remain silent and the right to have an attorney present during questioning.
First Judicial Appearance
Within a reasonable time after the arrest, the accused must be taken before a
magistrate and informed of the charge. The magistrate will ascertain that the
person before the court is, in fact, the individual referred to in the complaint.
The magistrate also will notify the accused of various legal rights, such as the
right to remain silent and the right to assistance of counsel. If the accused is
indigent (poor) and desires the assistance of an appointed attorney, the
process for securing an attorney at the state's expense will be initiated. In
some jurisdictions, the government retains a staff of attorneys, known as
public defenders, specifically to defend those who cannot afford a private
attorney. Public defenders specialize in criminal law. In other areas, the court
appoints private lawyers from the community to represent indigent
defendants. Some areas have a mix of the two systems.
In most jurisdictions, either before or during the first appearance, the
magistrate determines whether the suspect shall be kept in jail or realeased on
bail. Bail is a sum of money or property deposited or pledged to guarantee
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that the arrested person will appear for a preliminary hearing or trial. The
amount in each case is set by a judge. Although a money bail system is in
place in many states, the trend is to encourage the release of accused persons
without attaching financial conditions. If the court believes the accused is
likely to return for further proceedings, the court may release the accused
on his or her own recognizance—that is, an unsecured promise to return.
On the other hand, most jurisdictions either authorize or require magistrates
to deny bail for individuals who have demonstrated a high risk of fleeing,
such as individuals charged with an offense committed while out of jail on
bail, parole, or probation. Similarly, bail is typically unavailable for people
charged with offenses that could result in capital punishment (the death
penalty).
If charged with a minor offense, the accused may be asked to enter a plea
regarding his or her guilt or innocence, and the magistrate may have the
authority to proceed to trial if the defendant has pled not guilty. If the
accused is charged with a serious offense, he or she does not enter a plea at
the initial appearance.
B3. Answer the questions to the text.
1. What happens to somebody if found guilty or innocent?
2. What is known under the codes of procedure?
3. Name two reasons for a pre-arrest investigation done by the police.
4. What is the case when a police officer may properly make an arrest
without a warrant?
5. What is the purpose of taking a person into custody?
6. What are the grounds for the process of securing an attorney at the state's
expense for the accused?
7. What is bail?
8. What are the cases when bail is denied?
B4. Find these phrases and expressions in the text.
1. признать невиновным
2. признать виновным
3. процессуальные нормы
4. предварительное расследование
5. показывать под присягой
6. хранить молчание
7. допрос
8. предварительное судебное слушание дела
9. с другой стороны
10. смертная казнь
109
C. VOCABULARY
C1. Fill the gaps with the missing words from the box.
release, warrant, investigation, charge, justify, expenses, public defender,
bail, authorize, parole, probation
1. He and his _________________ , Barry Collins, have acknowledged that
Davis committed the crime.
2. The penalty agreed to on the cocaine charge includes four years of
supervised ____________ and random drug testing.
3. But the program is short of money; some officers must look after up to 1,
000 people on _________________.
4. There is not enough evidence to ______________ such accusations
5. Green is free on ____________ until his sentencing on June 27, when he
faces up to 25 years in prison.
6. Thus the legal aid scheme permits those eligible to take the risk of
litigation at the possible ________________ of the Fund.
7.. Only Congress can ___________ the President to declare war.
8. Criminal ___________ were filed in October against Sorvino by the
District Attorney's office.
9. Following a major police_____________________ , two men have been
arrested.
10. A ______________ has been issued for the arrest of a suspected terrorist.
11. Thousands of people worldwide campaigned for the _______________ of
Nelson Mandela.
C2. COLLOCATIONS: INVESTIGATION
Study the following collocations, think of their Russin equivalents.
Complete the sentences below using suitable words.
CONDUCT
CARRY
OUT
LEAD
investigation
START
BEGIN
CONTINUE
LAUNCH
110
1) Reynolds returned on the next available plane and immediately ______ a
formal investigation.
2) A Home Office pathologist and forensic science team are at the scene,
_______ a full investigation.
3) Despite all the problems that have recently arisen, the detectives ______
their investigations.
4) Det Chief Inspector George Brown, the officer ______ the investigation, is
still confident the killers will be caught.
C3. VOCABULARY EXPANSION. Fill empty slots in the table with the
terms from the list to match their Russian language equivalents.
a) parliamentary investigation b) ongoing investigation c) internal security
investigation d) introductory investigation e) later investigation f) law
enforcement investigation g) lawful investigation h) legal investigation i)
legislative investigation j) major investigation k) parallel investigation l)
patrol investigation m) pending investigation n) initial investigation o)
internal investigation p) investigation of accident q) investigation of crime
r) judicial investigation s) latent investigation
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
первоначальное расследование
расследование преступления, совершённого в стране
расследование по делу о посягательстве на внутреннюю
безопасность
предварительное расследование
расследование несчастного случая
уголовное расследование
судебное следствие
скрытое расследование
последующий этап расследования
амер. полицейское расследование
расследование на законном основании
расследование дела
расследование крупного дела
продолжающееся расследование
параллельное расследование
парламентское расследование
дознание патрульной полицией
незаконченное расследование
C4. WORD FORMATION. Supply the table with the missing word
forms.
111
noun
verb
adjective
civil
person
govern
action
organize
corporation
fail
different
proceed
record
C5. Use the word given in brackets to form a word that fits in the space.
JURISDICTION
For a criminal conviction to be 1)_____ (validity), both the sovereign power
(the state or federal government) and the specific court that tries the 2)_____
(accusation) must have jurisdiction over the crime charged. Jurisdiction
refers to a court’s 3)_____ (authorized) to hear and decide a case. The
jurisdiction of state courts is 4)_____ (restrictive) by the geographical
boundaries of the state. Jurisdiction is also limited by the 5)_____ (typical)
or subject matter of a case. For example, a family court with jurisdiction over
child 6)_____ (custodian) and placement cannot try a murder case.
According to the laws of some states, a crime is committed in only one place
and only the sovereign that controls that place has the power to try the
accused for the 7)_____ (to do wrong). Therefore, if a woman standing in
one state shoots and kills a man who is just over the state line in another
state, the murder is committed in the state where the lethal bullet hit the
victim. Only the state where the victim was 8)_____ (injurious) has
jurisdiction to try the woman. However, some states have enacted statutes
conferring jurisdiction on the state where the crime was 9)_____ (part)
committed.
The U.S. Constitution provides for interstate 10)_____ (extradite) - that is,
each state must surrender people who flee to that state upon a request by
another state in which the person is accused of committing a crime. Many
countries have adopted treaties that 11)_____ (specification) how suspected
criminals who flee from one country to another can be returned to the country
from which they fled.
D. TRANSLATION
D1. Translate the following into English.
112
В 2001 году Линда Сандерс и другие члены семей жертв стрельбы в
школе Columbine High School подали в суд на 25 компаний
производителей фильмов и видеоигр на сумму в 5 миллиардов
долларов. Как заявляли обвинители, без таких фильмов, как "Дневник
баскетболиста" и видеоигр Doom, Mortal Combat, Nightmare Creatures и
пр., побоище в школе не произошло бы, а следовательно часть вины за
смерти членов семей обвинителей лежит на производителях и
распространителях этих продуктов. По решению суда дело было
закрыто, а обвинителям предписывалось компенсировать судебные
издержи, понесённые кино- и игровыми компаниями.
Однако жительница Калифорнии Бетти Булок выиграла иск против
ненавистной ей компании «Филипп Моррис», сигареты которой она с
наслаждением курила 47 лет. Миссис Буллок заболела раком легких, и
суд обязал Филипп Моррис выплатить ей: $750 тыс. в качестве
компенсации за материальный ущерб, $100 тыс. «за страдания» и $28
млн. в виде штрафа.
UNIT 3
PRELIMINARY HEARING
A. GETTING STARTED. COMMUNICATION POINT
A1. Discuss the following :
1. What is a preliminary hearing?
2. What happens during a preliminary hearing?
3. Who is/are involved in pre-trial procedures?
B. READING
B1. Study the words below and try to memorize them.
KEY VOCABULARY
preliminary- предварительный
indictment - обвинительный акт
indict - обвинять по обвинительному акту
grand jury - большое (следственное) жюри (коллегия из 12-23
присяжных, решающая вопрос о предании обвиняемого суду
присяжных)
insufficient - недостаточный; необоснованный
dismiss- 1) отклонять ( иск ); отказывать ( в иске ) 2) прекращать (
дело )
cross-examine - подвергнуть перекрёстному допросу (свидетеля
противной стороны)
113
adversarial – состязательный, протвоборствующий
challenge - 1) возражение; оспаривание | возражать; оспаривать 2)
отвод (присяжным, свидетелю) | давать отвод
on sb’s behalf = on behalf of - за кого-л. ; от имени кого-л.
information - 1) информация 2) осведомлённость 3) заявление об
обвинении 4) донос
arraignment - предъявление обвинения
nolo contendere - «я не желаю оспаривать» ( заявление об отказе
оспаривать предъявленное обвинение )
motion - ходатайство (в суде)
insanity - 1) умопомешательство, душевное расстройство 2)
невменяемость
B2. Read the text and be ready to do the tasks below.
PRELIMINARY HEARING OR INDICTMENT
Under federal criminal procedure and in about half of the states, a person
must be indicted (formally charged) by a grand jury before a felony trial can
take place. Other states provide for a preliminary hearing, also called a
preliminary examination, after the initial judicial appearance. In a few states
a prosecutor may take a case to a preliminary hearing, or avoid that public
process by going to a grand jury, which holds its proceedings in secret.
In both types of proceedings, a neutral body - either a group of
citizens or a judge - reviews the case against the accused and decides whether
he or she should be tried. These proceedings are designed to review the
government's decision to prosecute in order to prevent governmental abuse of
power. If, after hearing the evidence, the presiding judge or grand jury finds
there is probable cause to believe the accused committed the offense, legal
proceedings against the accused continue. If the prosecution's evidence is
found insufficient, the charges are dismissed and the accused is released.
However, the person can be rearrested and recharged if the prosecutors
develop or find further evidence supporting the charge.
The grand jury typically hears only the evidence presented by the
prosecution. The accused does not have a right to be present at grand jury
proceedings, which are conducted in secret, or to present evidence or crossexamine the prosecution’s witnesses. However, some states permit someone
under investigation to present evidence to the grand jury under certain
circumstances. If the grand jury finds sufficient evidence to justify a trial on
the crime charged, it issues an indictment - a formal document containing a
plain statement of the facts constituting the offense charged.
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A preliminary hearing is a public, adversarial proceeding in which
the prosecution and the defense briefly present their cases to a judge. The
accused, represented by counsel, is entitled to challenge the prosecution’s
evidence and introduce evidence on his or her own behalf. The judge decides
whether sufficient evidence exists to justify a trial. As an alternative to grand
jury indictment, the prosecutor can issue an information, a document roughly
equivalent to an indictment.
Once the formal accusation has been issued, the accused is referred
to as the defendant. A copy of the accusation is given to the defendant before
he or she is arraigned.
At the arraignment, which takes place in the court in which the
defendant will be tried, the indictment or information is read. The defendant
is called upon to answer the charge by pleading not guilty, guilty, or nolo
contendere (no contest). Before pleading, the defendant may file a formal
document, known as a motion, asking the court to dismiss the case. A judge
can dismiss the charges if, for example, he or she concludes that the grand
jury was not properly assembled or determines that the conduct charged does
not constitute a crime. If the defendant does not make such motion or if the
court denies the motion, the defendant must enter a plea.
If the defendant pleads guilty, there is no trial and the case is set for
sentencing. With the court's permission, the defendant may be allowed to
plead nolo contendere. This plea has the same consequences as entering a
guilty plea, but it does not require the defendant to admit guilt. A plea of nolo
contendere can be especially important if a person charged with a crime also
faces a civil lawsuit stemming from the same event. If the defendant pleads
guilty to the criminal charge, the plea can be used against the defendant in a
civil lawsuit. If the defendant refuses to enter a plea, a not guilty plea is
entered. Some states have added a special plea of not guilty by reason of
insanity. If the defendant pleads not guilty, the case is set for trial.
B3. Answer the questions to the text.
1. What are the two types of criminal procedure?
2. How different are they?
3. What is done to prevent governmental abuse of power?
4. What is an indictment and when is it issued?
5. What is an alternative to grand jury indictment?
6. What happens at the arraignment?
7. What are the consequences for the defendant to plead guilty, not guilty, or
nolo contendere?
B4. Find these phrases and expressions in the text.
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a)
b)
c)
d)
e)
предварительное судебное слушание дела
уголовное судопроизводство; уголовно-процессуальное право
нейтральная сторона
злоупотребление властью, полномочиями
подвергнуть перекрёстному допросу (свидетеля противной
стороны)
f) свидетель обвинения;
g) состязательный процесс
h) официальное обвинение
i) отвечать на предъявленные обвинения
j) по причине душевного расстройства, невменяемости
C. VOCABULARY
C1.
a. Match the terms with their definitions.
b. In pairs, check how many of these you can memorize. Student A reads
the definition and Student B, having his/her book closed, answers. Then
change roles.
c. Write two or three example sentences using the terms you have learnt.
Compare your sentences with those of your partner.
Information; arraignment; motion; warrant; recognizance; bail;
investigation; indictment
a) a grand jury's formal written accusation that a person committed a crime
b) a written accusation that a person committed a crime. It differs from an
indictment because it is issued by a government official (usually the
prosecutor), rather than by a grand jury
c) money left with a court of law to make sure that a prisoner will return
when their trial starts
d) a proposal that is made formally
e) a proceeding in which the criminal defendant is called into court, the
indictment is read to him. In response to it, the accused is expected to
enter a plea
f) a promise made by the accused to the court that he/she will attend all
required judicial proceedings and will not engage in further illegal
activity
g) a legal document that is signed by a judge, allowing the police to take a
particular action
h) an official attempt to find out the truth about or the causes of something
such as a crime, accident, or scientific problem
C2. Fill the gaps with the missing words from the box.
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insanity, arraign, indictment, on sb’s behalf, preliminary, cross-examine,
informant, grand jury
1. Working as an_________ , Johnson provided the FBI with details on the
Mafia's criminal activities.
2. A __________ hearing on the charges is scheduled for March 20.
3. A 15-page ________ was placed before the panel of judges.
4. There is no indication that Leckie has testified before the ________ .
5. The first lawyer __________________ the defendant for over three hours.
6. He was able to testify on his own ____________ and have witnesses who
testified for him.
7. Thompson was ________ on a charge of murder.
8. Hodge was found not guilty by reason of________.
C3. Match the terms and their meanings. Write two/three example
sentences using them.
1) classified information 2) confidential information 3) crime information 4)
false information 5) federal information 6) government information 7)
investigative information 8) local information 9) multi-count information
10) official information 11) police information 12) pre-imposition
information by defendant 13) preliminary information 14) presentence
information 15) privileged information 16) security information 17)
sentencing information 18) state information
a. последнее слово подсудимого перед вынесением приговора
b. предварительная информация
c. заявление об обвинении перед вынесением приговора
d. информация, защищённая привилегией
e. информация, относящаяся к ( государственной) безопасности
f. информация о карательной политике
g. заявление об обвинении властям штата
h. конфиденциальная информация
i. заявление об обвинении в преступлении
j. заявление об обвинении в преступлении федеральным властям
k. ложная информация
l. заявление об обвинении в следственные органы
m. правительственная информация
n. донос (о совершении преступления) местным властям
o. официальная информация
p. заявление об обвинении из нескольких пунктов
q. полицейская информация
r. заявление об обвинении в преступлении
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C4. COLLOCATIONS: CHARGE
Study the following collocations with the word “charge” and translate
the sentences. Complete the table with the examples of your own.
bring (against)
press
CHARGE
file
face
drop
deny
admit
plead
guilty/
innocent to
answer
The state investigated but brought no
charges.
As it was his first offence, the store
agreed not to press charges.
She filed charges, and her four alleged
tormenters are now on trial.
The president has denied the charges.
C5. Read the following cases and complete the text with a suitable word
from the box.
deprived; failed; fined; granted; deliberate; terrorist; negligence;
consideration; allegations; disrupting
Lawsuits against God, Satan, NASA…and oneself
In 2005, Marina Bai, a Russian astrologer, sued NASA for £165
million for “1_____ the balance of the universe”. She claimed that the space
agency’s Deep Impact space probe, which was due to hit a comet later that
year to harvest material from the explosion, was a “2_____ act”. A Moscow
court accepted Russian jurisdiction to hear the claim but it was eventually
rejected.
In 1970, Russel T.Tansie, an Arizona lawyer filed a $100,000
damage lawsuit against God. The suit was filed on behalf of Mr.Tansie’s
secretary, Betty Penrose, who accused God of 3_____ in His power over the
weather when He allowed a lightning bolt to strike her home. Ms.Penrose
won the case when the defendant 4_____ to appear in court. Whether or not
she collected has not been recorded.
United States ex rel. Gerald Mayo v. Satan and its Staff (1971).
Plaintiff filed suit against Satan and his staff for violation of his civil rights.
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Among the 5_____ were: (1) that Satan had on numerous occasions caused
him misery and unwarranted threats, all against his will; (2) that Satan had
placed 6_____ obstacles in his path that caused plaintiff’s downfall; and (3)
that by reason of the foregoing acts, Satan had 7_____ him of his
constitutional rights. The court noted that “it has serious doubts that the
complaints reveal a cause of action upon which relief can be 8_____ by the
court”. Case dismissed as frivolous.
In 1874, Francis Evans Cornish, while acting as a magistrate in
Winnipeg, Canada, had to try himself on a charge of being drunk in public.
He convicted himself and 9 ____ himself five dollars with costs. But then he
stated for the record: “Francis Evans Cornish, taking into 10____ past good
behaviour, your fine is remitted”.
C6. Supply the table with the missing word forms.
noun
verb
adjective
initial
provide
decision
abuse
presiding
believe
offense
formal
dismiss
conclusion
UNIT 4
TRIAL STEPS AND PROCEDURE
A. GETTING STARTED. COMMUNICATION POINT
A1. How are trials conducted in Russian Federation? Work in pairs to
decide what stages a trial normally includes.
B. READING
B1. Study the words below and try to memorize them.
KEY VOCABULARY
referee – третейский судья
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equity case – дело, подлежащее рассмотрению на основе права
справедливости
action at law - судебный иск;
waive – отказываться ( от права, требования, привилегии)
confront - 1) сопоставлять 2) проводить очную ставку; стоять на
очной ставке
unanimous - единодушный, единогласный
acquit - 1) оправдать, признать невиновным (в совершении
преступления) | оправданный 2) освобождать (от ответственности,
обязательства)
convict - осудить (признать виновным) ; осуждать на длительный срок
тюремного заключения
postponement - откладывание; отсрочка
county - 1) графство (в Великобритании) 2) округ (в США)
venue - место рассмотрения дела, территориальная подсудность;
подсудность по месту совершения действия
hostility - вражда, враждебность, враждебные отношения
object - возражать
obtain - получать, приобретать
suppress - подавлять; пресекать; запрещать
to grant a motion - удовлетворить ходатайство
deliberation 1) совещание, обсуждение 2) обдумывание 3)
осторожность, осмотрительность
address - часть искового заявления, содержащая наименование суда, в
который подаётся иск
adduce - 1) приводить, выдвигать; представлять ( факты,
доказательства )
summation - подведение итога, суммирование
testify - давать показания, показывать, свидетельствовать
inference - вывод, заключение
charges - напутствие судьи присяжным
charge - обвинение; пункт обвинения | обвинять
exposition - объяснение, толкование
applicable - применимый
guidance - 1) руководство 2) указание
objectionable - вызывающий возражение
retire - выходить
terminate - прекращать(ся)
B2. Read the text and be ready to do the tasks below.
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TRIAL
Trials are usually held before a judge sitting alone, a referee, or a judge and
jury. Civil cases are divided into two classes: equity cases, which are usually
tried by a judge sitting without a jury; and actions at law, which are usually
tried before a jury. In civil cases the right to a trial by jury may, in most
jurisdictions, be waived. In some states the defendant may waive the right to
be tried by a jury even in criminal cases, although in many jurisdictions the
rule obtains that in all cases involving the commission of felonies the
defendant must be tried by a jury.
A criminal defendant who pleads not guilty is entitled to a public trial and has
the right to be present at the trial. The criminal defendant must be given the
opportunity to confront and cross-examine the prosecution's witnesses and to
present evidence in his or her own defense. The criminal defendant generally
is entitled to a trial by jury in all felony cases and in any misdemeanor case
punishable by more than six months imprisonment. A typical state jury trial
includes between 6 and 12 jurors, who must decide unanimously whether to
acquit or convict. A few states permit conviction on less than a unanimous
verdict in some cases. Federal juries consist of 12 persons, and their verdict
must be unanimous.
Preparation for Trial
The defendant is entitled to a speedy trial, although not so speedy as to deny
sufficient time to prepare an adequate defense. The defendant may ask for a
postponement if more time is needed. Although the defendant is entitled to be
tried in the county or district where the crime was committed, he or she may
file a motion asking the court for a change of venue—that is, a move of the
trial to a court in another locality. A change of venue is common when a fair
trial in the district would be impossible due to pretrial publicity or public
hostility to the defendant. Prior to the trial, the prosecutor is required to turn
over to the defendant information favorable to him or her on issues that will
be tried.
The defense may file a variety of pretrial motions objecting to various aspects
of the prosecution. These motions may challenge the sufficiency and form of
the charging documents or the composition and conduct of the grand jury. Or
they might request that the prosecution share the evidence it has obtained. If
the defense believes that the prosecution’s evidence has been obtained
illegally, the defendant may file a motion to suppress the evidence. If the
court grants such a motion, the prosecutor will not be permitted to introduce
the evidence at trial.
Steps of trial
Briefly, a jury trial consists of (1) the selection of the jury; (2) opening
statements by prosecution and defense attorneys during which each side
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states what it expects to prove; (3) the presentation of evidence (first by the
prosecution, then by the defense) and the questioning of witnesses; (4)
closing arguments in which each side states what the evidence has proved or
failed to prove; (5) instructions by the trial judge to the jury concerning the
law to be applied to the facts that the jury may find; (6) the jury's
deliberations and verdict; and (7) the sentence, if the verdict is guilty.
Opening Statements and Trial Procedures
The opening remarks to the jury, in many jurisdictions, can be waived in both
civil and criminal cases. If not waived, it is customary for the attorney for the
plaintiff in a civil case and the prosecuting officer in a criminal case to make
the first opening address to the jury, which consists of a statement of what the
plaintiff or the prosecution intends to prove. The defendant's attorney then
makes an opening address to the jury, which consists of a similar statement as
to what proof will be adduced on behalf of the defendant. In criminal cases,
in a number of jurisdictions, the opening address on behalf of the defendant is
not made until the prosecution has completed its part of the case.
Presentation of evidence
All parties are entitled to present evidence. The testimony of witnesses who
testify at trial is evidence. Evidence may also take the form of physical
exhibits, such as a gun or a photograph.
Summations and the Jury Charge
At the conclusion of the case, it is customary for both sides to make their
summations, which consist of comment by counsel with regard to the
testimony of the various witnesses who have testified at the trial, and the
inferences to be drawn there from. In both civil and criminal cases, counsel
for the defendant usually sums up first, and the attorney for the plaintiff or
the prosecuting officer concludes.
After the summations, the court charges the jury. The charge of the court
consists of a statement and an exposition of the rules of law applicable to the
issues in the case, for the guidance of the jury. After the charge is made,
counsel for either party can take exception to those portions of the charge
which they consider objectionable and make requests that additional charges
be given by the court.
The Verdict
At the conclusion of the charge, the jury retires from the courtroom to decide
on its verdict. The verdict of a jury terminates the trial. In a case tried before
a judge sitting alone, the decision of the judge constitutes a termination of the
trial.
B3. Answer the questions to the text.
1. Who are trials held by?
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2. Who are federal juries consist of?
3. How a change of venue is achieved and when and where is it necessary?
4. Name the steps of the trial and describe them in short.
5. What are summations of the both sides and what are they consist of?
6. When and how the jury decides on its verdict?
B4. Fill in the necessary words, then check yourself by finding the
correct answer in the text.
a. A criminal defendant who _____ not guilty is entitled to a public
trial.
b. The defendant may ask for a ______ if more time is needed.
c. The defense may file a variety of pretrial _____ objecting to various
aspects of the prosecution. If the defense believes that the
prosecution’s evidence has been _____ illegally, the defendant may
file a motion to _____ the evidence.
d. The testimony of witnesses who _____ at trial is evidence.
e. After the summations, the court _____ the jury.
f. At the conclusion of the charge, the jury _____ from the courtroom
to decide on its verdict.
B5. Find these phrases and expressions in the text.
a) отправление правосудия; юрисдикция
b) открытый судебный процесс
c) подсудимый
d) тюремное заключение
e) вердикт, вынесенный единогласно
f) откладывание слушания дела
g) замена места рассмотрения дела, территориальной
подсудности
h) враждебность общественного мнения
i) удовлетворить ходатайство;
j) вступительная речь
k) представление доказательств
l) скрыть доказательства;
m) совещание присяжных
C. VOCABULARY
C1. COLLOCATIONS: VERDICT
Study the following collocations with the word “verdict” and translate
the sentences. Complete the table with the examples of your own.
123
bring
overturn
VERDICT
reach
After a six hour trial, the jury retired for a further
two hours before bringing a verdict of guilty.
The couple appealed to a higher court in
Guangzhou, which overturned that verdict in
May.
After a week the jury had still not reached a
verdict.
arrive at
render
return
deliver
give
consider
announce
C2. Paraphrase the following sentences from the text above. Start from
the word(s) suggested.
1. By contrast most countries recognize that an individual who acts in
ignorance of the facts of his action is not criminally responsible.
Criminal responsibility ………..
2. Russian law is especially hard on those who have committed offenses
while under the influence of alcohol.
Drunk offenders …………
3. The law recognizes that the use of even deadly force may be justified
under some circumstances.
Deadly force…………..
C3. Fill the gaps with the missing words from the box.
deliberation; counsel; convict; unanimous; referee; acquit; testify; charge
1. The trial was held by a juvenile court _______.
2. The resolution was affirmed by a _____ vote.
3. His lawyer thought he had a good chance of being ______ at the trial, if no
further evidence was found.
4. In due course, she was charged with and _______ of obstruction of a
police constable in the execution of his duty.
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5. The _____ for the defense gave her opening statement.
6. I'm prepared to ______ in court that I was in Carolyn's apartment that
night.
7. They are still in the process of their _______ on that aspect.
8. He faces a ______ of armed robbery.
C4. Supply the table with the missing word forms.
noun
postponement
verb
adjective
punishable
include
prepare
move
local
speed
public
change
favorable
C5. Match the terms with their Russian language equivalents.
1) subsequent prosecution 2) trademark prosecution 3) warranted
prosecution 4) weak prosecution 5) juvenile criminal prosecution 6) legal
prosecution 7) patent prosecution 8) private prosecution 9) prosecution of
crime 10) prosecution of war 11) public prosecution 12) state prosecution
13) strong prosecution 14) criminal prosecution 15) federal prosecution
16) groundless prosecution 17) prosecution of criminal 18) prosecution of
patent application
a.
b.
c.
d.
e.
f.
g.
h.
i.
j.
k.
уголовное преследование
федеральное обвинение (как сторона в уголовном процессе
необоснованное судебное преследование
уголовное преследование несовершеннолетнего
судебное преследование
производство по выдаче патента, процедура выдачи патента
частное обвинение
уголовное преследование
экспертиза заявки на патентоспособность
ведение войны
публичное [государственное] обвинение
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l.
m.
n.
o.
p.
q.
обвинение в государственном преступлении
сильная версия обвинения
слабая версия обвинения
последующее обвинение; обвинение в последующем
совершении преступления
производство по регистрации товарного знака, процедура
регистрации товарного знака
обоснованное судебное преследование
D. WRITING
D1. Make up 10 sentences using the phrases from the exercise above.
UNIT 5
EVIDENCE IN TRIAL
TRIAL MOTIONS
A. GETTING STARTED. COMMUNICATION POINT
A1. Work in pairs. Discuss what things, phenomena, facts, etc. van be
considered as evidence in court? Discuss what evidence presented during
a trial are admissible? Inadmissible?
B. READING POINT
B1. Study the words below and try to memorize them.
KEY VOCABULARY
testimony - свидетельское показание
finger-print - отпечаток пальцев
direct examination- первоначальный опрос или допрос свидетеля
выставившей стороной
cross-examination- перекрёстный допрос ( свидетеля противной
стороны )
discredit- дискредитация | дискредитировать
redirect examination- опрос или допрос свидетеля выставившей
стороной после перекрёстного опроса
self-incrimination- самообвинение, самооговор; дача невыгодных для
себя показаний
witness stand- место для дачи свидетельских показаний в суде
entitle- 1) давать название 2) давать право; управомочивать
suppress- 1) подавлять; пресекать; запрещать 2) скрывать,
замалчивать, утаивать
search- 1) поиск; исследование | искать; исследовать 2) обыск
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torture- истязание, пытка | истязать, пытать
inadmissible- недопустимый
rest - заканчивать представление доказательств и т.д.
a verdict of acquittal - оправдание; судебное решение об оправдании;
оправдательный вердикт,
premise - констатирующая часть искового заявления
confession- признание; признание иска; признание в совершении
преступления
motion for judg(e)ment of acquittal - ходатайство об оправдании;
directed verdict - вердикт, перед вынесением которого присяжные
получили от судьи напутствие
beyond a reasonable doubt - вне разумных оснований для сомнения
B2. Read the text and be ready to do the tasks below.
Evidence
The evidence presented by the prosecution or by the defense may consist of
the oral testimony of witnesses, documentary evidence, and physical
evidence, such as a murder weapon with the defendant's fingerprints on it.
During direct examination, the oral testimony of witnesses is first presented
by the party (prosecution or defense) who called the witness. The witness is
then subject to a cross-examination, in which the opposing party attempts to
discredit the testimony or demonstrate that it is incomplete. Following crossexamination, the original party may conduct a redirect examination of the
witness in order to explain away matters brought out on cross-examination.
The opposing party may then recross-examine the witness.
The privilege against self-incrimination allows the defendant to decline to
take the witness stand in his or her own defense. It also generally entitles the
defendant to have the judge instruct the jury that failure to testify shall not be
taken as evidence of guilt. The prosecution must not knowingly use perjured
(false) testimony against the defendant or suppress evidence favorable to the
defendant. Generally speaking, the prosecution may not use evidence
obtained in violation of the defendant's constitutional rights. For example,
evidence collected during an unreasonable police search or confessions
obtained by torture are inadmissible at the trial to prove the defendant’s guilt.
Trial Motions
When all of the prosecution's evidence has been presented and the
prosecution rests its case, the defense often asks the trial judge to direct the
jury to return a verdict of acquittal. The defense’s motion for a directed
verdict is based on the premise that the prosecution's evidence, even when
viewed in the light most favorable to the prosecution, fails to prove that the
defendant committed the crime charged. If the motion is granted, the
127
defendant is acquitted. If it is denied, the defendant may then present
evidence in opposition to the prosecution's evidence. After the defense
rests—that is, finishes presenting its evidence—the defendant may renew the
motion for a directed verdict. If the judge again denies the motion, the case
goes to the jury after the judge provides instructions concerning the
applicable law.
Burden of Proof
In criminal cases, the defendant is presumed innocent until the prosecution
proves each element of the crime beyond a reasonable doubt. Thus, the law
requires the jury to acquit the defendant unless it is convinced of the
defendant's guilt beyond a reasonable doubt. The jury in a criminal case may
not convict on a finding that the defendant’s guilt is more likely than not. On
the other hand, the law does not require absolute certainty. The standard for
determining guilt is somewhere in between these two standards of proof.
B3. Answer the questions to the text.
1. What does the evidence presented by either prosecution or defense consist
of?
2. What is the difference between direct examination and cross-examination?
3. Which evidence may not be used by the prosecution? Give examples.
4. When does the defense ask the trial judge to direct the jury to return a
verdict of acquittal?
5. Until when is the defendant presumed innocent?
B4. Find these phrases and expressions in the text.
a) отпечатки пальцев
b) самообвинение, самооговор
c) лжесвидетельство
d) скрыть доказательства;
e) необоснованные обыск
f) признание в совершении преступления, полученные
пытками
g) закон обязывает присяжных оправдать подсудимого
h) более вероятно, нежели противное
под
B5. Fill the gaps with an appropriate word from the list.
1. The grand jury today heard _______ from numerous witnesses.
a) testing
b) testimony
c) testify
2. In court, a ______ said he had seen O'Grady punch the woman in the face.
a) witness
b) speaker
c) presenter
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3. Evidence depends upon witnesses and, to some extent, their credibility is
dependent upon their performance in the _____.
a) visitor’s stand
b) witness stand
c) witness chair
4. The militias have been known to use _____ to get people to confess.
a) tornado
b) torture
c) torment
5. Lawyers for the defense tried to ________ her testimony.
a) discredit
b) accredit
c) disregard
6. In a _______ made to police shortly after his arrest, Davis said he had
killed the victim with a kitchen knife
a) confusion
b) confession
c) confront
7. The defense presented some new ______ from the victim's next-door
neighbor.
a) evidence
b) evaluations
c) evils
8. Each of the three _______ was convicted of conspiracy to commit murder.
a) defenders
b) defenses
c) defendants
9. The _______ said it was a miracle she did not start an inferno.
a) prosecution
b) motion
c) instruction
10. Instead of being ______ of first-degree murder, Mitchell got six years for
voluntary manslaughter.
a) conviction
b) convicted
c) acquitted
B6. COLLOCATION: EVIDENCE
Study the following collocations with the word “evidence”. Make up
sentences of your own.
PRESENT
UNCOVER
COLLECT
FIND
GIVE
EVIDENCE
PRODUCE
HEAR
PROVIDE
B7. WORD FORMATION. Complete the text forming the nouns from
the verbs in brackets.
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Interrogation of Suspects and Witnesses
One of the chief means of determining the facts in any police matter is the
questioning of those involved, whether alleged 1_____ (offend), victims,
witnesses, or bystanders. 2_____ (rely) on questioning is hampered by trying
to determine if the 3_____ (respond) is telling the truth, is being evasive, or
has a faulty memory. In the United States alleged offenders must be read the
Miranda 4_____ (warn), telling them their right to remain silent, their right to
have an attorney, and the fact that anything they say may be used against
them in court. This warning gets its name from the United States Supreme
Court 5_____ (rule) in the case Miranda vs. Arizona (1966) on 6_____
(procede) of police 7_____ (interrogate).
The lie 8_____ (detect), or polygraph, monitors and records bodily changes
that reflect a person's emotional condition during questionning. The first
modern polygraph was made in 1921 by John A. Larson, a medical student at
the University of California. It was capable of a simultaneous recording of
blood pressure, pulse, and breathing rate. Later 9____ (modify) allowed the
machine to record the flow of electrical current between two different parts of
the body (called the psychogalvanic skin reflex). The lie detector has been
used by police forces since 1924, but there is still no agreement on its
10_____ (rely). The device has proved valuable to police in some
interrogations and in providing investigative leads, but its evidence is rarely
admissible in court. During the 1970s police departments began
experimenting with hypnosis as a means of interviewing witnesses. It has
proved effective in getting witnesses to give accurate 11_____ (describe) of
criminals, of events immediately preceding accidents, and details of violent
sexual attacks.
B8. Supply the table with the missing word forms.
noun
verb
adjective
applicable
instruct
opposition
matter
following
explain
original
examination
complete
direction
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E. READING AND COMPREHENSION
E1. Divide into pairs. You both have identical texts marked A and B and
both of you have some bits of information missing. Prepare the questions
to be asked in writing. Student A works with text A and student B with
text B. Ask each other questions and get the texts restored in full.
TEXT A.
DREYFUS CASE
The Dreyfus Affair was a political scandal which
divided France during the 1890s and early 1900s. It
involved the wrongful conviction of Jewish military
officer Alfred Dreyfus (1859-1935) for treason. France
had pioneered Jewish emancipation, granting of full civil
rights in 1791. Jews could then ___________, and fully
integrate, if they chose, into French society.
The trial started on Dec. 19, 1894, and lasted four days.
The accused was the highest-ranking Jewish artillery officer Capt. Alfred
Dreyfus, who was charged with _________ in Paris. The evidence was a
single piece of paper found in the waste-paper basket listing secret
documents that had been turned over to the Germans. The handwriting on the
document was declared to be that of Captain Dreyfus.
The trial was the most explosive affair ever to disrupt the French Third
Republic. _________ were, at the time, the two most anti-Semitic nations in
Europe, and Dreyfus was a Jew. The Dreyfus affair set off a wave of intense
anti-Semitism in France that lasted for decades. Following Dreyfus'
conviction, the idea of an international Jewish conspiracy gathered more
support, against which a Jewish Defense League had been formed as early as
1886.
Why so much turmoil? Dreyfus was innocent. But the army and many
political leaders were determined to convict him. He was indeed convicted,
found guilty, and sentenced to __________, the French penal colony off the
coast of South America. Even before the trial he had been convicted by the
press in a wave of popular hysteria against traitors in general and Jews in
particular.
The minister of war, Gen. Auguste Mercier, demanded a conviction. One of
his underlings, Maj. Hubert Henry, knew the evidence was weak. To improve
the army's case, he created a number of forged documents, purportedly in
Dreyfus' handwriting. He also swore in court that he had been told by an
unimpeachable source that Dreyfus was guilty. Thus the army captain was
convicted on the basis of forged evidence and false testimony.
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In September of 1899, he was offered a pardon from _________, which he
declined. It was not until 1906 that Dreyfus was exonerated of the charges
and readmitted into the army. He was also made a knight in the Legion of
Honor. Dreyfus was recommissioned to fight behind the lines of the Western
Front during World War I as a Lieutenant-Colonel of Artillery though he did
actually serve on the front-lines in 1917. He served his nation with distinction
beyond his natural retirement age.
TEXT B.
DREYFUS CASE
The Dreyfus Affair was a political scandal
which divided France during the 1890s and
early 1900s. It involved the wrongful conviction
of Jewish military officer Alfred Dreyfus (18591935) for treason. France had pioneered
_______, granting of full civil rights in 1791.
Jews could then join the army, enter the
professions, and fully integrate, if they chose,
into French society.
The trial started _______ and lasted four days.
The accused was the highest-ranking Jewish
artillery officer Capt. Alfred Dreyfus, who was charged with passing military
secrets to Colonel German military attaché in Paris. The evidence was
___________ found in the waste-paper basket listing secret documents that
had been turned over to the Germans. The handwriting on the document was
declared to be that of Captain Dreyfus.
The trial was the most explosive affair ever to disrupt the French Third
Republic. Austria and France were, at the time, the two most anti-Semitic
nations in Europe, and Dreyfus was a Jew. The Dreyfus affair set off a wave
of intense anti-Semitism in France that lasted for decades. Following
Dreyfus' conviction, the idea of an international Jewish conspiracy gathered
more support, against which __________ had been formed as early as 1886.
Why so much turmoil? Dreyfus was innocent. But the army and many
political leaders were determined to convict him. He was indeed convicted,
found guilty, and sentenced to life in prison on Devil's Island, the French
penal colony off the coast of South America. Even before the trial he had
been convicted by the press in a wave of popular hysteria against traitors in
general and Jews in particular.
The minister of war, Gen. Auguste Mercier, demanded a conviction. One of
his underlings, Maj. Hubert Henry, knew the evidence was weak. To improve
the army's case, he created ________, purportedly in Dreyfus' handwriting.
He also swore in court that he had been told by an unimpeachable source that
132
Dreyfus was guilty. Thus the army captain was convicted on the basis of
forged evidence and false testimony.
In September of 1899, he was offered a pardon from the president of France,
which he declined. It was not until 1906 that Dreyfus was exonerated of the
charges and readmitted into the army. He was also made a knight in the
Legion of Honor. Dreyfus was recommissioned to fight behind the lines of
the Western Front during World War I as a Lieutenant-Colonel of Artillery
though he did actually serve on the front-lines in 1917. He served his nation
with distinction beyond his natural retirement age.
UNIT 6
SENTENCING
A. GETTING STARTED. COMMUNICATION POINT
A1. Discuss the following:
1. Who determines what punishment a convicted defendant receives?
2. Where can the prescribed punishment for crimes be found?
3. Do people convicted of the same or similar crimes receive similar
sentences?
4. What factors do judges use in determining sentences?
B. READING
B1. Study the words below and try to memorize them.
KEY VOCABULARY
unduly - чрезмерно
discretionary - предоставленный на усмотрение
discretion - усмотрение; свобода действий; дискреционное право
forfeiture- 1) потеря, утрата; лишение ( прав, имущества, должности )
restitution- восстановление первоначального положения, реституция
probation- пробация, система испытания ( вид условного осуждения )
deprivation- лишение
probation officer- сотрудник службы пробации; чиновник, надзирающий
за лицами, направленными судом на пробацию
supervision of probation- надзор за приговорёнными к пробации,
пробационный надзор
revoke- отменять; аннулировать
eligible for parole- имеющий право на условно-досрочное освобождение
refrain- воздерживаться
parolee- условно-досрочно освобождённый под честное слово
expiration of sentence- истечение срока назначенного наказания
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remainder- оставшаяся часть
unexpired- неистекший, неотбытый ( о сроке )
lessen - смягчать, уменьшать
culpability - виновность
mitigate - смягчать; уменьшать
aggravate - 1) отягчать (вину, преступление) 2) усиливать (наказание)
remorse - раскаяние
B2. Read the text and be ready to do the tasks below.
SENTENCING
Sentencing occurs only when an offender has been found guilty and
convicted of an offence. Once guilt has been determined, either by verdict
following a trial or by the entry of a guilty plea, the defendant must be
sentenced. Generally, the trial judge imposes the sentence, which must be
within the statutory limits set by the legislature for the crime in question. The
sentence imposed by a judge must be appropriately severe to reflect the
seriousness of the offence, yet not be excessive or unduly harsh. Between
those two extremes there will be an “appropriate range of sentences”. The
judge will make many discretionary decisions in arriving at the sentence.
Discretion in sentencing recognizes that every case is unique. No two
offences are committed in exactly the same set of circumstances, and no two
offenders will have the same background or history. The existence of a broad
sentencing discretion allows each case to be judged on its own fact.
When most people think about sentencing, the first thing that comes to mind
is imprisonment. However, imprisonment is only one out of a wide range of
sentencing options available to the courts. Available sentences include fine,
forfeiture (loss of property), restitution, probation, some form of
incarceration or deprivation of liberty, or a combination of these.
Imprisonment is used only where no other form of punishment is appropriate.
For certain very serious offenses, the convicted offender may be sentenced to
death.
Judges often have the option to place a convicted offender on probation.
Probation means the offender will remain in the community (rather than be
sent to jail) subject to certain conditions prescribed by statute or by the judge.
One condition of probation is supervision by a probation officer. If the
offender violates the conditions of probation, probation can be revoked and
the offender can be incarcerated.
In many jurisdictions, a defendant sentenced to prison may be eligible for
release on parole after a portion of the sentence has been served. Parole
authorities grant parole based on factors such as the prisoner’s behavior while
in jail and the predicted potential for the prisoner to refrain from further
134
criminal activity. The possibility of parole does not exist for some serious
criminal offenders. If parole is granted, the person on parole (known as the
parolee) remains under the supervision of a parole officer until the expiration
of the sentence or a term otherwise specified by law. If the parolee violates
the conditions of parole, the parole authorities may revoke parole, returning
the parolee to prison for the remainder of the unexpired sentence.
Arriving at an appropriate sentence can be a very difficult exercise. Many
factors must be considered. Those factors which are favourable to the
offender, lessening culpability and tending to lessen the sentence that may be
imposed are called mitigating factors. Factors which tend to increase the
seriousness of the offence and the offender’s culpability (or blame
worthiness) are called aggravating factors. The prosecution informs the court
about any aggravating circumstances of the offence, and the defence informs
about any mitigating circumstances.
The majority of criminal offenders, when charged with an offence, choose to
plead guilty. When this happens, a conviction may be entered without the
need for a trial. One of the main reasons that offenders choose to plead guilty
is to reduce the sentence, as a plea of guilty had traditionally been viewed as
a mitigating factor as it demonstrates a degree of remorse on the part of the
offender.
B3. Answer the questions to the text.
1. What can you say about the concept of an “appropriate range of
sentences”?
2. What is the range of sentencing options available to the courts?
3. What does probation mean?
4. What happens if the offender violates the conditions of probation?
5. What is parole?
6. What are the factors influencing grant parole?
7. What are mitigating and aggravating factors in an appropriate sentencing?
8. Why is the majority of criminal offenders, when charged with an offence,
choose to plead guilty?
B4. Find these phrases and expressions in the text.
a. подсудимому должен быть вынесен приговор
b. серьёзность правонарушения
c. чрезмерно суровый
d. одинаковые обстоятельства
e. заключение в тюрьму, водворение в тюремную камеру
f. лишение свободы
135
g.
h.
i.
j.
k.
условие, предписанное решением суда о направлении на
пробацию
орган, ведающий условно-досрочным освобождением
истечение срока назначенного наказания
смягчающие вину обстоятельства
факторы,отягчающие вину
C. DISCUSSION
C1. Work in pairs or in small groups to decide if the following factors
are aggravating or mitigating. Check with the key.
1) the offender was provoked by the victim
2) the offender does not have any records of previous convictions
3) the offence was committed in company
4) the offender pleaded guilty
5) the offence was motivated by hatred for or prejudice against a group of
people to which the offender believed the victim belonged
6) the offence was commited without regard for public safety
7) the offence was part of a planned criminal activity
8) the emotional harm, loss, or damage caused by the offence was not
substantial
D. VOCABULARY
D1. Fill the gaps with the missing words from the box.
fine; sentence; severe; background; mitigating; probation; refrain;
remorse; committed; imprisonment
1. He admitted killing the man but showed no sign of _________.
2. The police appealed to protestors to _________ from violence.
3. Many women believe that the punishment for rape should be life
__________.
4. She faces up to 90 days in jail and a $1,000 ________.
5. The 31-year-old rap executive has been in jail since October for ________
violations.
6. It took five years for the author to research ______ information for her
new book/
7. Detectives believe that the crime was _______ at around 7.30 pm.
8. Many people feel the punishment should have been more ___________ .
9. Belfast Appeal Court increased his _________ from five to nine years.
10. Judges often give reduced sentences where there are _____
circumstances.
136
D2. Match the terms with their Russian language equivalents.
a) fixed opinion b) government opinion c) individual opinion d) judicial
opinion e) legal opinion f) majority opinion g) prosecution opinion h)
public opinion i) counsel's opinion j) court opinion k) defence opinion l)
extrajudicial opinion m) minority opinion n) non-expert opinion o) official
opinion p) partial opinion q) precedent-setting opinion r) preconceived
opinion s) expert opinion
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
письменное заключение адвоката
мотивированное судебное решение
мнение защиты; заключение защиты
заключение эксперта, заключение экспертизы
мнение судьи, не имеющее нормообразующего значения
предубеждённое мнение
амер. мнение обвинения
особое мнение
мнение судьи
экспертное заключение юриста
мнение большинства
мнение меньшинства
мнение неспециалиста
официальная точка зрения
пристрастное мнение
решение, устанавливающее прецедент
предубеждённое мнение, предубеждение
мнение обвинения; заключение обвинения
общественное мнение
D3. Choose the right word
1) Concerned/concerning that too much bad news was affecting the
“health and life of the people”, politicians in Romania attempted to pass a
law 2) required/requiring radio and television media to broadcast 3) at
least/ at last one positive news story for every gloomy one. The country’s
Constitutional Court upheld a challenge to the new law, noting: “News 4)
is/are news. It is neither positive nor negative. It simply reflects reality.” The
good news 5) legislation/ legislature was doomed to fail anyway, as it would
likely have violated European Union human rights laws guaranteeing
freedom of expression.
137
A woman in London 6) avoided/ escaped a parking fine with a 7)
novel/ new excuse. The woman, a belly dancer, had stopped her car in a 8)
restricted/ limited parking zone, left her vehicle stationary with the engine
running and went off to perform. After receiving a parking 9) ticket/ check,
she explained that it had been necessary to leave the engine running because
the car was full of snakes used in her exotic routine. The running engine kept
the reptiles warm 10) because/ so that they wouldn’t fall asleep during the
dance. Her fine was cancelled.
A judge in Louisville decided a jury went “a little bit too far” in
recommending a sentence 11) of/ to 5,005 years for a man who was
convicted of five robberies and a kidnapping. The judge reduced the sentence
12) of/ to 1,001 years.
E. TRANSLATION
E1. Translate the following text.
Дело о самокритике
В 1995 году, находясь в камере за покушение на убийство*, некий
Роберт Ли Прок подал иск, указав себя И в качестве истца, И в качестве
ответчика. Он обвинял себя в том, что нарушил собственные
гражданские права и религиозные убеждения, злоупотребляя алкоголем,
что в дальнейшем привело его 23 годам заключения в исправительной
колонии штата Вирджиния. Вот точная формулировка: «Напившись,
ответчик, Роберт Ли Брок, вынудил меня, Роберта Ли Брока, совершить
преступление, чем обрек* меня на долгое тюремное заключение. Я
требую, чтобы я заплатил себе за вышеуказанные нарушения $5 млн.
Но, поскольку я нахожусь в заключении, не имею возможности
работать и состою на иждивении* штата, я прошу суд, чтобы сумма
была выплачена официальными властями штата, чьим подопечным я
сейчас являюсь».
Верховный суд США отказал Броку в удовлетворении иска. Правда,
властям штата Вермонт пришлось выплатить все судебные издержки.
------------------------------------------------Покушение на убийство - аttempted murder
быть обреченным на – be doomed to
состоять на иждивении – be dependent on
Legal anecdote
A lawyer defending a man, accused of burglary, tried this creative
defense:”My client merely inserted his arm into the window and removed a
few trifling articles. His arm is not himself, and I fail to see how you can
punish the whole individual for an offence committed by his limb.”
138
“Well put,” the judge replied. “Using your logic, I sentence the defendant’s
arm to one year’s imprisonment. He can accompany it or not, as he chooses.”
The defendant smiled. With his lawyer’s assistance he detached his artificial
limb, laid it on the bench and walked out.
UNIT 7
APPEALS
A. GETTING STARTED. COMMUNICATION POINT
A1. Complete the text with the words from the box.
respondent ; petitioner ; appellate; appeal; cross-appeal; appellant;
appellee
In law, an 1___ is a process for requesting a formal change to an official
decision. An 2___ court is a court that hears cases on appeal from another
court. A party who files an appeal is called an 3____ or 4____ , and a party
on the other side is called a 5____ or an 6____ . A 7____ is an appeal
brought by the respondent.
B. READING POINT
B1. Study the words below and try to memorize them.
KEY VOCABULARY
premise - основание
admissibility of evidence - допустимость доказательств
prejudicial - наносящий ущерб, вред, причиняющий вред (правам,
интересам)
err- заблуждаться, ошибаться; допускать ошибку
ruling - постановление, определение, решение ( суда )
Appellate Court- апелляционный суд (в ряде штатов США
промежуточная инстанция между судами первой инстанции и
верховным судом штата)
reversal- отмена ( судебного решения, закона )
release- освобождение ( от ответственности, из-под стражи и т.п.)
nullify- аннулировать, нуллифицировать
deem - считать
affirm- утверждать, подтверждать
B2. Read the text and be ready to do the tasks below.
Motions after Trial
139
Criminal trials and sentencing matters can be very complex and sometimes
errors are made. A system of appeals exists to allow decisions to be reviewed
and corrected if necessary. After a guilty verdict is issued, but generally
before sentencing, the convicted defendant may make a motion for a new
trial on the premise that a mistake prejudicial (harmful) to the defendant was
made at the trial. Prejudicial errors include errors in the judge's rulings on the
admissibility of evidence or instructions to the jury, or some misconduct by
the jury, judge, or prosecutor. The defendant may also move for a new trial
based on the argument that the evidence was not sufficient to support the
jury's guilty verdict. A motion for a new trial on the basis of newly
discovered evidence that, had it been available at the trial, might have
resulted in an acquittal may be made after the defendant has been sentenced;
however, there is generally a time limit on this. If the trial judge grants the
motion for a new trial, the conviction is set aside and the defendant may be
tried again by a new jury. If the motion is denied, the defendant will be
sentenced.
Appeals
A convicted criminal may appeal his or her conviction and sentence to a
higher court, known as an appellate court. Sentencing appeals are more
common than appeals against conviction. One of the reasons for this is that
the discretionary nature of sentencing can easily lead to a result that the
offender feels is unreasonably harsh.
The appellate court will review all or part of the written record of what
transpired at the trial to determine whether any error prejudicial to the
defendant was made. If any such error occurred, as where the trial court erred
in its rulings on the admissibility of evidence or in its instructions to the jury
on the law to be applied, the appellate court usually remands (returns) the
case for a new trial. Sometimes, however, the error is of a type that leads to a
reversal of conviction and the release of the defendant. For example, if the
trial court incorrectly refused to declare unconstitutional the statute on which
the prosecution was based, the appellate court would nullify the conviction,
and the defendant would go free. In such a situation a new trial based on the
unconstitutional statute is not permitted. If the appellate court finds no error
or deems any errors harmless—that is, not substantial and not prejudicial to
the interests of the defendant—it affirms the conviction.
B3. Answer the questions to the text.
1. Why is the system of appeal necessary?
2. Give several examples of reasons why a motion for a new trial is made?
3. What happens in case the judge grants the motion or it is denied?
4. Name two types of appeals. Which is more common?
140
5. What are the typical reasons for sending the case for a new trial?
B4. Find these phrases and expressions in the text.
a. иногда совершаются ошибки
b. пересмотр и исправление решения в случае необходимости
c. ходатайство о новом рассмотрении дела
d. судебная ошибка
e. допустимость доказательств
f. вновь открывшиеся обстоятельства
g. апелляция на приговор
h. апелляция на решение суда
i. вернуть дело на повторное рассмотрение
j. отмена судебного решения
k. аннулировать решение суда
l. подтверждение судебного решения
B5. Complete the sentences:
1) The request by a losing party (appellant) for an appellate court to review
the decision of a trial court or administrative agency and find instead in
favor of the appellant is called …
2) A higher court that reviews the decisions of trial courts if the losing party
appeals such a decision is called …
3) An official decision, especially one made by a court is a …
4) A decision in a court of law that someone is guilty of a crime, or the
process of proving that someone is guilty is a …
C. VOCABULARY
C1. Fill the gaps with the missing words from the box.
appellate; affirms; prejudicial; reversal; nullify; premise; release; err;
substantial; ruling
1. The Court of first instance decided that there had not been unfairly
________________ conduct.
2. Case law has shown that court ____________________ on these kind of
scenarios have resulted in arbitrary decisions.
3. The decision marks a sharp ______________ in federal policy.
4. The judge denied Larsen early ___________________ .
5. The judge ____________________ the sale of the property.
6. American justice works on the ________________ that an accused person
is innocent until they are proved guilty.
141
7. Eighteen months later an ____________________ court reversed the
convictions and criticized the conduct of the trial judge and the prosecution.
8. The Edmonton editors now agree that they ______________ .
9. The Supreme Court has __________________ the lower court's ruling.
10. The refugees face a _______________ threat of harm if they are sent
home.
C2. Supply the table with the missing word forms.
noun
verb
adjective
affirm
reversal
admissibility
defend
result
substantial
prosecution
constitutional
convict
situation
C3. Supply the text below with missing words. Translate it into Russian.
highest court; process; new trial; first instance; appeal; final
decisions; new evidence; proceedings
A judgment of a court of (1)… may be attacked either by (2)… to a higher
court or by a request for some form of review of the judgment by the court
that rendered it. Thus, it is quite generally possible for a defendant who has
defaulted to ask a court to reopen the case and hear it on its merits. As noted
above, in Anglo-American courts, it is frequently possible to ask for a (3)...
In some cases (if, for example, there is newly discovered evidence)
procedures analogous to motions for a new trial exist in European countries.
In certain countries and in some states of the United States, an appeal of a
judgment that is not a final decision can be made in addition to appeals of
(4)...
The appeal (5)…is somewhat different in civil-law and common-law
countries. In Europe the appeal from the court of first instance to the
intermediate appellate court ordinarily involves a reexamination of the entire
case, both the law and the facts, and (6)... frequently can be introduced. An
appeal to the supreme or (7)… is restricted to matters of law. In the Anglo-
142
American system, on the other hand, both the intermediate appellate court
and the supreme court examine only the written record created in the court
below and do not receive new evidence. Furthermore, review is generally
restricted to matters of law, though the scope of review is broader in the
intermediate appellate court than the supreme court. Rules of appeal in all
systems tend to combine the desire that justice be done and error be corrected
with the desire to find some point at which the (8)… will end and judgment
will be deemed final.
D. CASE STUDY
D1. Read the text and make up 3-5 questions for discussion. Discuss the
case in pairs or in small groups.
R v JURISIC
Christopher Jurisic pleaded guilty in the Local Court to three charges of
dangerous driving occasioning actual bodily harm. He had injured three
members of a family when he collided with another car. At the time he was
driving he had a sufficient level of cocaine in his blood to significantly
impair his driving. Each of the charges carried a maximum penalty of seven
years imprisonment. He was committed for sentencing in the District Court.
He had several previous driving convictions and his driver’s licence had been
cancelled three times. In the District Court, Jurisic was sentenced to
imprisonment for 18 months, with a minimum term of 9 months. The District
Court ordered that the term of 18 months was to be served by way of home
detention. Jurisic was also disqualified from holding a driver’s
licence for one year. The Director of Public Prosecutions appealed on the
grounds that the sentences were inadequate. The Court of Criminal Appeal
used the appeal to hand down guidelines as to how sentencing for offences of
dangerous driving should be approached: R v Jurisic (1998) 45 NSWLR 309.
This was the first guideline judgment handed down in NSW. In 2002, the
guideline was altered slightly in the case R v Whyte [2002] NSWCCA 343.
The guideline currently states: Where the offender’s moral culpability is
high, a full time custodial head sentence of less than three years (in the case
of death) and two years (in the case of grievous bodily harm) would not
generally be appropriate. A custodial sentence will usually be appropriate
unless the offender has a low level of moral culpability, as in the case of
momentary inattention or misjudgment. The assessment of the offender’s
moral culpability will depend on the presence or absence of the following
factors:
• extent and nature of the injuries inflicted
• number of people put at risk
• degree of speed
143
• degree of intoxication or of substance abuse
• erratic driving
• competitive driving or showing off
• length of the journey during which the others were
exposed to risk
• ignoring warnings
• escaping police pursuit
• degree of sleep deprivation
• failing to stop.
The Court of Criminal Appeal sentenced Jurisic to imprisonment for two
years, with a minimum term of one year. He was disqualified from driving
for two years.
E. WRITING
E1. Read these statements and choose one of them to write a short essay
providing arguments supporting the point of view.
1. No brilliance is needed in the law. Nothing but common sense, and
relatively clean finger nails
John Mortimer A Voyage Round My Father
2. We do not get laws to restrain bad people. We get good people to restrain
bad laws
G.K.Chesterton All Things Considered
3. It is the better that ten guilty persons escape that one innocent suffer
William Blackstone Commentaries on the Laws of England
4. The one great principle of the English law is to make business for itself
Charles Dickens Bleak House
5. No poet ever interpreted nature as freely as a lawyer interprets the truth
Jean Giraudoux La Guerre de Troie n’aura pas lieu
6. I don’t want a lawyer to tell me what I cannot do; I hire him to tell me how
to do what I want to do
J.Pierpoint Morgan
144
UNIT 8
REVISION
A1*. Make up word partners (10 points)
1. burden
of venue
2. default
of evidence
3. direct
of law
4. enter
of proof
5. grand
officer
6. issue
reporter
7. probation
jury
8. preponderance
judgement
9. change
examination
10. court
a plea
A2*. Complete the sentences (10 points)
parole; cross-examination; self-incrimination; fingerprints; conviction;
investigation; deliberations; acquittal; claimants; insanity
1. The company will settle the lawsuit and provide compensation for
_____.
2. Leckie told reporters he hoped his _____ would give hope to other
people in similar situations.
3. This was his second _____ for driving drunk.
4. After the attorney completes his or her questioning, the other party's
attorney can ask questions. This is known as ______ .
5. The jury will then receive jury instructions and begin ______.
6. The police questioned Beresford and took his _____ .
7. The court acquitted Campbell on the grounds of temporary ______.
8. Prison officials are carrying out a full _____ after two prisoners escaped
from a prison vehicle.
9. He was released on _____ after serving two years.
10. A witness can legally refuse to give evidence to avoid ______ .
A3*. ranslate into Russian (5 points)
1. Counterclaims are typically filed as part of a defendant's answer to an
original claim, and there is a specific style and format for counterclaims
which must be followed for the court to accept them.
2. The judge dismissed most of the police evidence, saying it was clearly
fabricated.
3. A 25-year-old man who had pleaded guilty to possessing stolen goods
along with his friend asked the magistrate to lessen the sentence on his
friend who he claimed was “at the wrong place at the wrong time”.
145
4.
5.
Sergeant Thompson wrote down Smith's confession and asked him to
sign it.
The application must be served on all respondents at least three days
before the first hearing.
A4** Complete the sentences (10 point)
unexpired; undue; discretionary; objectionable; adversarial; preliminary;
eligible; applicable; mitigating; insufficient
1. This is typical of the _____ system - a total approach in which truth
emerges from conflict.
2. The principle of law ____ in such cases is well recognised.
3. Judges have _____ powers over sentencing of criminals.
4. A _____ hearing on the charges is scheduled for March 20.
5. Duval's pressure on his wife to sign the document constituted _____
influence.
6. He sentenced Bowling to serve the 10 years at the end of all
unserved or _____ sentences and recommended he be transferred to
another state.
7. At the moment, there's _____ evidence to arrest anyone.
8. Applications may be rejected if they contain content or materials of
any kind that in Apple’s reasonable judgement may be found _____,
for example, materials that may be considered obscene,
pornographic, or defamatory.
9. Judges often give reduced sentences where there are _____
circumstances
10. Mrs Helmsley has been sentenced to four years in jail, and could
become _____ for parole in 19 months.
A5**. Translate into Russian (5 points)
HABEAS CORPUS
1. A person who has been convicted, sentenced to imprisonment, and
incarcerated may apply to a court for a writ of habeas corpus, a court order to
release the defendant from imprisonment. 2. Through such a writ the
individual tests the legality of his or her detention and seeks to redress
fundamental defects in the process leading to conviction. 3. The grounds for
granting relief (release from detention) under the habeas corpus writ are
limited and vary slightly depending on the jurisdiction. 4. Many jurisdictions
limit the scope of the habeas corpus writ to situations in which the convicting
court lacked jurisdiction over the defendant or over the crime. 5. Others grant
relief in circumstances in which the conviction was obtained in violation of
146
the defendant’s constitutional rights and there is no other remedy to correct
the violation.
-----------------------------------------*habeas corpus- судебный приказ о доставлении в суд лица,
содержащегося под стражей, для выяснения правомерности содержания
его под стражей
A6 ***. Match the definitions with the words in the box (10 points)
forfeiture;
probation; writ; acquittal; deposition; discretion;
arraignment; summons; plea; warrant;
a)
b)
c)
d)
e)
f)
g)
h)
i)
j)
a formal reading of a criminal complaint in the presence of the
defendant to inform the defendant of the charges against him or her a statement written or recorded for a court of law, by someone who
has promised to tell the truth –
an official statement in a court of law that someone is not guilty –
the ability and right to decide exactly what should be done in a
particular situation –
a legal document that is signed by a judge, allowing the police to
take a particular action
a document from a court that orders someone to do or not to do
something –
an official order to appear in a court of law when someone has their property or money officially taken away
because they have broken a law or rule, it is called –
a system that allows some criminals not to go to prison or to leave
prison, if they behave well –
a statement by someone in a court of law saying whether they are
guilty or not -
A7***. Odd one out (10 points):
1. claimant
respondent
petitioner
2. lessen
lighten
reduce
3. remedy
ruling
order
4. guilt
remorse
shame
5. warrant
writ
summation
6. search
control
surveillance
7. redress
correct
revoke
8. dismiss
put off
delay
9. object
protest
justify
10. custody
confinement
deposition
plaintiff
release
decree
complaint
summons
supervision
compensate
postpone
oppose
detention
147
A8***. Translate into English (10 points: vocabulary 4 points, grammar
5 points, spelling 1 point)
В последнее время судопроизводство России претерпевает
значительные изменения особенно в отношении уголовных дел.
Судебный процесс постепенно отходит от инквизиторской модели и
тяготеет к состязательной. Таким образом, все чаще в последнее время
адвокаты приглашают в суд свидетелей и сами же их допрашивают. Для
многих адвокатов это совершенно новый опыт.
При подготовке к судебному процессу адвокат, прежде всего, должен
решить для себя кого именно стоит вызывать в суд в качестве
свидетелей. Иногда случается так, что множество вызванных
свидетелей дают показания по одному определенному вопросу.
Желание вызвать абсолютно всех свидетелей часто не оправдывает
себя. Многочисленные свидетельские показания, неоднократно
повторяясь, могут затянуть процесс и даже запутать судью.
Необходимо также помнить, что чем больше свидетелей вызвано для
дачи показаний, тем более вероятны несоответствия в их версиях
относительно одного и того же происшествия. Соответственно, адвокат
должен выбрать и пригласить в суд только самых лучших свидетелей,
конечно, при условии, что у него есть выбор. Самыми убедительными
являются те свидетели, которые располагают надежной информацией из
первых рук, у которых были лучшие возможности наблюдать за ходом
событий, и те, у которых нет предвзятого мнения.
148
APPENDIX 1
action at law
acquit / acquittal
a verdict of aquittal
address
adduce
admissibility
adversarial
aggravating
applicable
appearance
arraign
arraignment
authorize
bail
bring a civil action
burden of proof
charge
charges
claimant
complaint
confession
confront
convict /conviction
counterclaim
court reporter/ clerk
cross-examine
cross-examination
challenge
culpability
custody
defendant/
default judgement
deliberation
detention
discovery
procedure
deposition
deprivation
dismiss
WORDS TO KNOW
direct examination
directed verdict
discredit
discretionary
discretion
eligible for parole
enter a plea
err
expenses
equity case
expiration of
sentence
exposition
flee
finger-print
forfeiture
grand jury
grant a motion
ground
guidance
issue of law
issue of fact
inadmissible
indictment
indict
insufficient
inference
information
insanity
investigation
justify
lessen
mitigating
motion
nolo contendere
nullify
object
objectionable
parole
parolee
plaintiff
plea
postponement
probation
probation officer
prejudicial
preliminary
premise
preponderance of
evidence
pre-trial
public defender
referee
release
recognizance
revoke
refrain
remainder
redress
remedy
remorse
respondent
rest
ruling
reversal
search
self-incrimination
serve
summons
supervision
suppress
summation
terminate
testimony
testify
undue
unanimous
unexpired
149
venue
waive
APPENDIX 2
warrant
witness stand
writ
KEY
Unit 1
C1
a) tort b) trial c) preponderance of evidence d) summons e) deposition f)
burden of proof g) complaint h) counterclaim
C3
1-judge 2-defendant/respondent 3-clerk/court reporter 4advocate/attorney/barrister 5-witness/expert witness 6-claimant/plaintiff 7bailiff 8-appellant
D2
Case 1
The case kept at least two of America’s then 1,058,662 lawyers occupied for
a while, but did not go to the Supreme Court.
Case 2
A judge at Derby County Court ruled that the now defunct station in
Derbyshire had entered into a legally binding contract with Miss McGowan
and ordered its owners to pay £8,000 for the real vehicle.
Case 3
Although grunting is not a specific offence under English law, a 36-year-old
bodybuilder was fined £70 at a magistrates’ court in Kent. He pledged in
future to focus on push-ups.
Case 4
The judge ruled that it could not bring the case because it was not authorised
to speak for Matthew.
Case 5
Mr. Kiseloski succeeded. As the bear didn’t have a legal owner, the court
ordered the state to compensate Kiseloski, awarding him £1,700 in damages.
Unit 2
C1
1. public defender; 2. probation; 3. parole; 4. justify; 5. bail; 6. expense; 7.
authorize; 8. charges; 9. investigation; 10. warrant; 11. release
C3
1.initial investigation – 2. internal investigation – 3. internal security
investigation - 4. introductory investigation – 5. investigation of accident – 6.
investigation of crime – 7. judicial investigation – 8. latent investigation – 9.
150
later investigation – 10. law enforcement investigation – 11. lawful
investigation – 12. legal investigation – 13. legislative investigation – 14.
major investigation – 15. ongoing investigation – 16. parallel investigation –
17. parliamentary investigation – 18. patrol investigation – 19. pending
investigation
C5
1) valid 2) accused 3) authority 4) restricted 5) type 6) custody 7)
wrongdoing 8) injured 9) partly 10) extradition 11) specify
Unit 3
C1
a) indictment b) information c) bail d) motion e) arraignment f)
recognizance g) warrant h) investigation
C2
1. informant; 2. preliminary;3. indictment; 4. grand jury; 5. cross-examine; 6.
on sb’s behalf; 7. arraign; 8. insanity
C5
1-disrupting 2-terrorist 3-negligence 4-failed 5-allegations 6-deliberate
7-deprived 8-granted
Unit 4
C3
1. referee; 2. unanimous; 3. acquitted; 4. convicted; 5. counsel; 6. testify; 7.
deliberation; 8. charge
C5
a)criminal prosecution b) federal prosecution c)groundless prosecution
d)juvenile criminal prosecution e)legal prosecution f) patent prosecution g)
private prosecution h) prosecution of crime i) prosecution of criminal j)
prosecution of patent application k) prosecution of war l) public prosecution
m) state prosecution n) strong prosecution o) subsequent prosecution p)
trademark prosecution q) warranted prosecution r) weak prosecution
Unit 5
B4
1. fingerprints; 2. self-incrimination; 3. perjured (false) testimony; 4.
suppress evidence; 5. an unreasonable police search; 6. confessions obtained
by torture; 7. the law requires the jury to acquit the defendant; 8. more likely
than not
B5
1.testimony; 2.witness; 3.witness stand; 4.torture; 5.discredit; 6.confession;
7.evidence; 8.defendant; 9.prosecution; 10.convicted
151
B7
1-offenders 2-reliance 3-respondent 4-warning 5-ruling 6-procedures
7-interrogation 8-detector 9-modification 10-reliability 11-description
Unit 6
B4.
1. the defendant must be sentenced; 2. the seriousness of the offence; 3.
unduly harsh; 4. same set of circumstances; 5. incarceration; 6. deprivation of
liberty; 7. condition of probation; 8. parole authority; 9. expiration of
sentence; 10. mitigating circumstances; 11. aggravating factors
C1
Aggravating factors: 3, 5, 6, 7
Mitigating factors: 1, 2, 4, 8
D1
1.remorse; 2.refrain; 3.imprisonment; 4.fine; 5.probation; 6.background;
7.committed; 8.severe; 9.sentence; 10 mitigating
D2
1) counsel's opinion 2)court opinion 3) defence opinion – 4) expert opinion
– 5) extrajudicial opinion – 6) fixed opinion – 7) government opinion – 8)
individual opinion – 9) judicial opinion – 10) legal opinion – 11) majority
opinion – 12) minority opinion – 13) non-expert opinion – 14) official
opinion – 15) partial opinion – 16) precedent-setting opinion -17)
preconceived opinion – 18) prosecution opinion – 19) public opinion
D3
1-concerned 2-requiring 3- at least 4-is 5-legislation 6-escaped 7novel 8-restricted 9-ticket 10-so that 11-of 12-to
Unit 7
A1
1-appeal 2-appellate 3-appellant/petitioner 4-petitioner/appellant 5respondent/appellee 6-appellee/respondent 7-cross-appeal
B4
1. sometimes errors are made; 2. decisions to be reviewed and corrected if
necessary; 3. a motion for a new trial; 4. prejudicial errors; 5. admissibility of
evidence; 6. newly discovered evidence; 7. sentencing appeals; 8. appeals
against conviction; 9. remands (returns) the case for a new trial; 10. a reversal
of conviction; 11. nullify the conviction; 12. affirms the conviction
B5
1- appeal 2-Appellate Court 3- ruling 4-conviction
C1
152
1. prejudicial; 2. rulings; 3. reversal; 4. release; 5. nullified; 6. premise; 7.
appellate; 8. erred;
9. affirms; 10. substantial
C3
1-first instance 2-appeal 3-new trial 4-final decisions 5-process 6-new
evidence 7-highest court 8-proceedings
APPENDIX 3
SOURCES
1. Encyclopedia Britannica © 2003
2. Encarta Encyclopedia © Microsoft 2004
3. Longman Interactive English Dictionary © 2000
4. Longman Contemporary English Dictionary © 2008
5. Words on words, © Penguin Books, 2000
6. Collins Thesaurus, © HarperCollins Publishers, 1995
7 Abbyy Lingvo 12
8. Random House Unabridged Dictionary
9. A. Krois-Linder. International Legal English. Cambridge University Press,
2006
10. Агабекян И.П. Английский для юристов. Ростов-на-Дону, 2003.
11. www.en.wikipedia.org
12. www.multitran.ru
153
MODULE 8
TRIAL BY JURY
A. READER
A1. Read the texts below paying attention to the underlined words and
expressions. Try to memorize them.
Text 1
FROM THE HISTORY OF JURY
What is jury?
Jury, in law, is a body of people who are chosen to decide the truth of factual
evidence in an action or legal proceeding and, on instruction of the court, to
apply the law to the facts. Such a body is called a petit jury or trial jury.
Traditionally, a trial jury consists of 12 people, often with one or two
alternates.
Origin of jury
The exact origin of the jury system is not known; various writers have
attributed it to different European peoples who at an early period developed
methods of trial not unlike the early jury trials in England. It seems probable
that the jury in England was derived directly from the Norman institution of
recognition by sworn inquest, whereby 12 knights were chosen to serve as
recognitors. Their duty was to inquire into various matters of interest to the
new rulers of England that might be the subject of public inquiry. These
matters of interest might include the taxation of a subject.
As early as the 12th century, it had become customary for suitors in certain
cases affecting the title to real estate to apply to the King's Court for the
summoning of recognitors to ascertain, either from their own knowledge or
on inquiry from others, the truth of the matter at issue; the verdict of the
court, if unanimous, was accepted as conclusive. It was natural that other
questions of fact arising in the King's Court should be disposed of in a similar
manner, and the gradual transformation of the recognitors into the jury in
common law followed as a matter of course. Originally, the jury members
were not only judges of fact, but were also witnesses who were selected
because of their knowledge of the customs and the people of the locality, and
possibly of the suitors themselves. In the early 15th century, however, the
judges of the courts of common law restricted the jury to the performance of
its function as a judge of fact based on the evidence submitted in an action.
This is the single function of the jury in modern practice.
Although the modern jury system originated during the late Middle Ages in
England, trial by jury was one of the most prominent features of public life in
ancient Athens, probably the most democratic of the Greek city-states. In
Aristotle's ‘Constitution of Athens', there are some striking similarities to
154
modern processes for assembling juries. The chief difference is that all
matters pertaining to a trial in Athens were in the hands of nonprofessionals.
There was no judge, well trained in all aspects of law, to guide the jurors in
their deliberations. All jurors were chosen by lot for a particular trial, as was
the magistrate who presided over the court.
In addition, there were no trial lawyers. During a trial, any citizen could
prosecute a case and the defendant had to conduct his own defense. These
were truly people's courts. Every year a jury list of several thousand names
was made up from the census of citizens. Juries for ordinary cases consisted
of from 200 to 500 members, much larger than the 12-member trial juries that
are standard today. At the famous trial of the philosopher Socrates in 399 BC,
there were 501 jurors.
After evidence was presented in such trials and speeches were made by the
prosecutor and the defendant, there was no jury deliberation, as there is in
modern trials. Each member of the jury was given two metal tokens before
the trial began. One signified guilt and the other innocence. At the end of the
trial, each juror put the token representing his decision into a brass urn and
threw the other into a wooden box. The tokens in the urn were counted and
the verdict rendered on the basis of a majority vote. Socrates, for example,
was found guilty by a majority of 60 tokens. If there was a tie vote, the
defendant was declared innocent. After the trial all jurors were paid for their
services.
Although this system represented an advanced form of direct democracy, it
had disadvantages: There were no legal experts to state legal precedents. The
juries were too large, closer to the size of legislative bodies. And verdicts
could easily be based on the whims and passions of the population at a given
moment, instead of being derived from the practices of settled law. This is, in
fact, what happened in the trial of Socrates.
Text 2
JURY SELECTION
How you were chosen
Your name was selected at random from voter registration records and placed
on a list of potential jurors. Next, your answers to the Questionnaire for
Jurors were evaluated to make sure that you were eligible for jury service and
were not exempt from service. To be eligible, you must be over 18 years of
age, a citizen of the United States, a resident of the county in which you are
to serve as a juror, able to communicate in the English language and if you
have been convicted of a felony, you must have had your civil rights restored.
155
People who meet these requirements may be excused from jury service if
they have illnesses that would interfere with their ability to do a good job. If
you are found to be eligible for jury duty, you become part of the “jury pool”
– the group of people from which trial juries are chosen.
Selection of the trial jury
In the U.S. the selection of a jury commences when a large group of citizens
is called to appear for jury duty at each term of court. The group of jurors
called at any one time is known as a “jury panel”. When people are selected
for a jury panel they will be directed to report to a courtroom in which a case
is to be heard once a trial jury is selected. The judge assigned to that case wil
tell jurors about the case and will introduce the lawyers and the people
involved in the case. Jurors will also have to take an oath, by which they
promise to answer all questions truthfully. Following the explanation of the
case and the taking of the oath, the judge and the lawyers will question the
members of the panel to find out if they have any personal interest in the
case, or any feeling that might make it hard for them to be impartial. This
process of questioning is called Voir Dire, a phrase meaning “to speak the
truth”.
Voir Dire
Many of the questions the judge and lawyers will ask jurors during Voir Dire
may seem very personal. But the lawyers are not trying to embarrass jurors,
but are trying to make sure that member of the jury do not have opinions or
past experiences which might prevent them from making an impartial
decision.
During Voir Dire the lawyers may ask the judge to excuse one or another
member of the panel from sitting on the jury for this particular case. This is
called challenging a juror. There are two types of challenges. The first is
called a challenge for cause, which means that the lawyer has a specific
reason for thinking that the juror would not be able to be impartial. For
example, the case may involve the theft of a car. If one of the jurors has had a
car stolen and still feels angry or upset about it, the lawyer for the person
accused of the theft could ask that that the juror be excused for that reason.
There is no limit on the number of the panel members that the lawyers may
have excused for cause.
The second type of challenge is called a peremptory challenge, wich means
that the lawyer does not have to state a reason for asking that the juror be
excused. Like challenges for cause, peremptory challenges are designed to
allow lawyers to do their best to assure that their clients will have a fair trial.
Unlike challenges for cause, however, the number of peremptory challenges
is limited.
156
Those jurors who have not been challenged become the jury for the case.
Depending on the kind of case, there will be either six or twelve jurors. The
judge may also allow selection of one or more alternate jurors, who will serve
if one of the jurors is unable to do so because of illness or some other reason.
Text 3
Read the extract from the novel by John Grisham A Time To Kill. The
process of selection a jury is described in details.
…Ninety-four names were written on small strips of paper that were placed
in a short wooden cylinder. Jean Gillespie, the Circuit Court clerk, spun the
cylinder, stopped it, and picked a name at random. She handed it to Judge
Noose. The courtroom watched in dead silence as he squinted down his nose
and looked at the first name.
“Carlene Malone, juror number one,” he shrieked in his loudest
voice. The front row had been cleared, and Mrs. Malone took her seat next to
the aisle. Each pew would seat ten, and there were ten pews, all to be filled
with jurors. Jean spun again.
“Marcia Dickens, juror number two,” yelled Noose. She was white,
fat, over sixty with a rather unforgiving look.
“Jo Beth Mills, number three.”
Jake was worried as the first pew filled. By law he had twelve peremptory
challenges, free strikes with no reason required. The luck of the draw would
force him to use at least half of his peremptories on the first pew. When
Noose finished the second row, it contained seven white women, two black
men and one white man named Walter Godsey who had no compassion and
no potential. Jake sensed a disaster. Relief didn’t come until the forth row
when Jean pulled the names of seven men, four of whom were black.
It took almost an hour to seat the entire panel. Noose recessed for
fifteen minutes to allow Jean to type a numerical list of names. After Noose
had reassumed the bench, and the courtroom had been silenced, the judge
introduced Carl Lee, the accused, and asked if any juror was kin to him or
knew him. They all knew of him, but only two of the panel admitted knowing
him prior to his criminal act. Noose introduced the lawyers, then explained
briefly the nature of the charges.
“The State may examine the panel,” he said.
The magnificent district attorney rose slowly and walked
importantly to the bar, where he stood and gazed pensively at the spectators
and jurors. He smiled sincerely at the jurors, then introduced himself. He
explained that he was the people’s lawyer, he had served as a prosecutor for
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nine years now, and it was an honor for which he would always be grateful to
the fine folks of Ford County. He pointed at them and told them that they, the
very ones sitting there, were the folks who had elected him to represent them.
He thanked them, and hoped he did not let them down. Yes, he was very
nervous and frightened. He had prosecuted thousand of criminals, but he was
always scared with each trial. Yes! He was scared, and not ashamed to admit
it. Scared because of the awesome responsibility the people had bestowed
upon him as the man responsible for sending criminals to jail and protecting
people. Scared because he might fail to adequately represent his client, the
people of this great state.
Jake had heard all this crap many times before. Buckley the good
guy, the state’s lawyer, united with the people to seek justice, to save society.
He spoke without notes, and held the courtroom captivated as he portrayed
himself as the underdog, the friend and partner of the jury, who, together with
him, would find the truth, and punish this man for his monstrous deed.
After ten minutes, Jake had enough. He stood with a frustrated look.
“Your Honor, I object to this. Mr. Buckley is not selecting a jury. I am not
sure what he’s doing, but he’s not interrogating the panel.”
“Sustained!” Noose yelled into the mike. “If you don’t have any
questions for the panel, Mr. Buckley, then please sit down.”
“I apologize, Your Honor,” Buckley said awkwardly, pretending to
be hurt. He picked up a legal pad and launched into a list of a thousand
questions. He asked if anyone on the panel had ever served on a jury before.
Several hands went up. Civil or criminal? Did you vote to acquit or convict?
How long ago? Was the defendant black or white? Victim, black or white?
Had anyone been a victim of a violent crime? Two hands. When? Where?
Was the assailant caught? Convicted? Any member of your family been the
victim of a violent crime? Several more hands. When? Where? What
happened to a criminal? Any member of your family ever been charged with
a crime? Indicted? Put on trial? Convicted? Any friends or family members
employed in law enforcement? Who? Where?
For three nonstop hours Buckley probed and picked like a surgeon.
He was masterful. The preparation was obvious. He asked questions that Jake
had not considered. He delicately pried details of personal feelings and
opinions. And when the time was right, he would say something funny so
everyone could laugh and relieve the tension. He held the courtroom in his
palm, and when Noose stopped him at five o’clock he was in full stride. He
would finish in the morning. His Honor adjourned until nine next morning.
At nine, Buckley stood slowly and with great animation informed
His Honor that he had no further questions for the panel. Lawyer Jake
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Brigance rose from his seat with rubber knees and turbulence in his stomach.
He walked to the railing and gazed into the anxious eyes of ninety-four
prospective jurors.
The crowd listened intently to this young, cocky mouthpiece, who
had once boasted of never having lost a murder case. He appeared relaxed
and confident. His voice was loud, yet warm. His words were educated, yet
colloquial. He introduced himself again, and his client, then his client’s
family. He complimented D.A. for such an exhaustive interrogation yesterday
afternoon, and confessed that most of his questions had already been asked.
He glanced at his notes. His first question was a bombshell.
“Ladies and gentlemen, do any of you believe that the insanity
defense should not be used under any circumstances?”
They squirmed a little, but no hands. He caught them off-guard,
right off the bat. Insanity! The seed had been planted.
“If we prove Carl Lee was legally insane when he shot Billy Cobb
and Pete Willard, is there a person on this panel who cannot find him not
guilty?”
The question was hard to follow – intentionally so. There were no hands. A
few wanted to respond, but they were not certain of the appropriate response.
Jake eyed them carefully, knowing most of them were confused, but also
knowing that for this moment every member of the panel was thinking about
his client being insane. That’s where he would leave them.
“Thank you,” he said will all the charm he had ever mustered in his
life. “I have nothing further, Your Honor.”
Buckley looked confused. He stared at the judge, who was equally
bewildered.
“Is that all, Mr. Brigance?” Noose asked incredulously.
“Yes, sir, Your Honor, the panel looks fine to me,” Jake said with an
air of trust, as opposed to Buckley, who had grilled them for three hours. The
panel was anything but acceptable to Jake, but there was no sense repeating
the same questions Buckley had asked.
“Very well. Let me see the attorneys in chambers.”
The attorneys and their assistants followed the judge through the
door behind the bench and sat around the desk in chambers. Noose spoke: “I
assume, gentlemen, that you want each juror questioned individually on the
death penalty. Very well. Mr. Bailiff, would you bring in juror number one,
Carlene Malone.”
Moments later she followed the bailiff into chambers. She was
terrified. The attorneys smiled but said nothing.
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“Please, have a seat,” Noose offered. “This will only take a minute,
Mrs. Malone. Do you have any strong feelings one way or the other about the
death penalty?”
She shook her head nervously and stared at the judge. “Uh, no, sir.”
“You realize that is you are selected for this jury and Mr. Hailey is
convicted, you will be called upon to sentence him to death?”
“Yes, sir.”
“If the State proves beyond a reasonable doubt that the killings were
premeditated, and if you believe Mr. Hailey was not legally insane at the time
of the killings, could you consider imposing the death penalty?”
“Certainly. I think it should be used all the time. Might stop all some
of this meanness. I’m all for it.”
“Thank you, Mrs. Malone. You may return to your seat in the
courtroom,” Noose said. “Bring in number two,” Noose ordered Mr. Pate.
Marcia Dickens, an elderly white woman, was led to chambers. Yes, sir, she
said, she was very much in favor of the death penalty. Would have no
problems voting for it. Noose thanked her and called for number three.
Three of four were equally unforgiving, ready to kill if the proof was
there. Then number five, Gerald Ault, was seated in chambers.
“Oh, yes, sir,” Ault answered eagerly, his voice and face radiating
compassion, “I’m very much against the death penalty. It’s cruel and unusual.
I’m ashamed I live in a society which permits the legal killing of a human
being.”
“I see. Could you, under any circumstances, if you were a juror, vote
to impose the death penalty?”
“Oh, no, sir. Under no circumstances. Regardless of the crime.”
Buckley cleared his throat and somberly announced, “Your Honor,
the State would challenge Mr. Ault for cause and move to excuse him under
the authority of State vs. Witherspoon.”
“Motion sustained. Mr.Ault, you are excused from jury duty,” Noose
said. “You may leave the courtroom if you want. If you choose to remain in
the courtroom, I ask that you not sit with the other jurors.”
Ault was puzzled. “May I ask why?” he asked.
Noose removed his glasses and became the professor. “Under the
law, Mr. Ault, the court is required to excuse any potential juror who admits
he or she cannot consider, and the key word is consider, the death penalty.
You see, whether you like it or not, the death penalty is a legal method of
punishment in Mississippi and in most states. Therefore, it is unfair to select
jurors who cannot follow the law.”
The curiosity of the crowd was piqued when Gerald Ault emerged
from behind the bench, walked through the small gate in the railing, and left
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the courtroom. The bailiff fetched number six, Alex Summers, and led him to
chambers. He returned moments later and took his seat on the first row. He
lied about the death penalty. He opposed to it as did most blacks, but he told
Noose he had no objections to it. No problem. Later during a recess, he
quietly met with other black jurors and explained how the question in
chambers should be answered.
The slow process continued until mid-afternoon, when the last juror
left chambers. Eleven had been excused due to reservations about capital
punishment. Noose recessed at three-thirty and gave the lawyers until four to
review their notes.
“Gentlemen, are you ready?” Noose said staring at his master list,
“Good. As you know this is a capital case, so each of you have twelve
peremptory challenges. Mr. Buckley, you are required to submit a list of
twelve jurors to the defense. Please start with juror number one and refer to
each juror only by number.”
“Yes sir. Your Honor, the State will accept jurors number one, two,
three, four, use our first challenge on number five, accept numbers six, seven,
eight, nine, use our second challenge on number ten, accept numbers eleven,
twelve, thirteen, use our third challenge on number fourteen, and accept
number fifteen. That’s twelve, I believe.”
Jake circled and made notes on his list. Buckley submitted twelve
white females. Two blacks and a white man had been striken. Noose
methodically recounted. “Yes, that’s twelve. Mr. Brigance.”
“The defense will strike jurors number one, two, three, accept four,
six and seven, strike eight, nine, eleven, twelve, accept thirteen, strike fifteen.
I believe that’s eight of our challenges.”
His Honor drew lines and check marks down his list, calculating
slowly as he went. “Both of you have accepted jurors number four, six,
seven, and thirteen. Mr. Buckley, it’s back to you. Give us eight more
jurors.”
“The State will accept sixteen, use our fourth challenge on
seventeen, accept eighteen, nineteen, twenty, strike twenty-one, accept
twenty-two, strike twenty-three, accept twenty-four, strike twenty-five and
twenty-six, and accept twenty-seven and twenty-eight. That’s twelve with
four challenges remaining.”
Jake was flabbergasted. Buckley had again stricken all the blacks
and all the men. He was reading Jake’s mind. “Your Honor, we will strike
number twenty-two and number twenty-eight, with two challenged
remaining.”
“Back to you, Mr. Buckley. Twenty-nine and thirty.”
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“The State will take them both. That’s twelve with four challenges
left.”
“The defense will strike them both”, Jake said.
“Are you out of challenges, correct?” Noose asked.
“Correct.”
“Very well. Mr. Buckley, thirty one and thirty two.”
“The State will take them both,” Buckley said quickly, looking at the
names of the blacks coming after Clyde Sisco.
“Good, that’s twelve. Let’s select two alternates. You will both have
two challenges for the alternates.”
Mr. Pate brought the courtroom to order as Noose and the lawyers
took their places. His Honor called the names of the twelve and they slowly,
nervously made their way to the jury box, where they were seated in order.
Ten women, two men, all white. The blacks in the courtroom mumbled and
eyed each other in disbelief.
Noose cleared his throat and looked down at his new jury. “Ladies
and gentlemen, you have been carefully selected to serve as jurors in this
case. You have been sworn to fairly try all issues presented before you and to
follow the law as I instruct. Now, according to Mississippi law, you will be
sequestered until this trial is over. This means you will be housed in a motel
and will not be allowed to return home until it’s over. I realize this is an
extreme hardship, but it’s one the law requires. In just a few moments we
will recess until in the morning, and you’ll be given the chance to call home
and order your clothes, toiletries, and whatever else you need. Each night you
will stay in a motel at an undisclosed location outside of Clanton. Any
questions?”
The twelve appeared dazed, bewildered by the thought of not going
home for several days. They thought of families, kids, jobs, laundry. Why
them? Out of all those people in the courtroom, why them?
With no response, Noose banged his gavel and the courtroom began
to empty. The first juror was escorted to the judge’s chambers, where she
called home and ordered clothes and a toothbrush.
“Where are we going?” she asked.
“It’s confidential.”
By seven, the families had responded with a wild assortment of
luggage and boxes. The chosen ones loaded a chartered Greyhound bus
outside the rear door. Preceded by two patrol cars and an army jeep and
followed by three state troopers, the bus circled the square and left Clanton.
.
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Text 4
THE WORK OF A JURY
The jury is the “trier of the facts”. First, it listens to the lawyers’
opening statements. In these, the lawyers for each side tell the jury what they
think the evidence will show. Then the jury listens to witnesses telling what
they know about the case to the lawyers on both sides who ask them
questions. The jury may also examine physical evidence, such as
photographs, weapons, or other objects. In some cases jurors are taken out of
the courtroom for a “jury view”. For example, in a criminal case, they may
go to examine the scene of the crime. In a civil case, they may go to see a
piece of machinery that injured someone. But there are some facts that a jury
will not be allowed to hear because the information might make them
prejudiced against one side.
Take the case of John Sanders, who was driving the car that hit Peter
Thompson. Peter was hurt very badly and is now confined to a wheelchair.
John Sanders was convicted last year of the crime of causing serious bodily
harm while driving under the influence of alcohol. Today Peter Thompson is
suing John for hundreds of thousands of dollars in damages to pay for his
medical expenses. His pain and suffering, and for lost wages because he can
no longer work at the construction job he had before. A jury will decide
whether John caused Peter’s injuries and damages, but they will not know
that John has been convicted of the criminal charges. If jurors heard anyone
testify that John Sanders had already been convicted of a similar crime, the
judge would have to declare a mistrial. When a mistrial is declared, the trial
ends. Both sides have to start all over with a brand-new jury. Keeping facts
from a jury is very controversial. Some people feel it is essential to protect
juries from prejudice, other think that jurors should be trusted to be fair in
weighing ALL the facts, even if some things “look bad” for one side or the
other.
If jurors have questions, they usually can’t just raise their hands in
the courtroom and ask them. They must wait until they are in the jury room,
write out the questions, and give them to the bailiff, who gives them to the
judge. The judge then decides how to respond to the jury’s questions. More
recently, some judges have experimented in allowing jurors to ask their own
questions of a witness. Many jurors feel this helps them in making the
decision.
Finally, the jury hears closing arguments and instructions. The
lawyers for each side get a chance to tell the jurors what conclusion they
think the jury should draw and why. They try to persuade the jurors why they
should agree with their side. Then the judge instructs the jury in the law: the
judge tells the jury what laws apply to the case (for example, the judge might
163
explain which driver had the right-of-way in an automobile accident, or what
the law says about the duty of a landowner towards an uninvited guest, or
how the law defines “self-defence”, etc.) It is then left to the jury to decide
which witnesses are telling the truth.
Text 5
DELIBERATION AND VERDICT
Legal deliberation is the process in which a jury in a trial in court
discusses in private the findings of the court and decides by vote with which
argument to agree of either opposing side. In criminal matters, this can
involve both rendering a verdict and determining the appropriate sentence. In
civil cases, the decision is whether to agree with the plaintiff or the defendant
and the amount and nature of the results of the trial.
A jury that will decide a criminal case must reach a unanimous
decision. If even one person does not agree with the decision of the other
eleven, the jury cannot deliver a verdict. A jury that is unable to agree on
whether to convict or acquit is called a hung jury (or deadlocked jury). When
a judge is convinced that the members of a jury have had enough time to
thoroughly consider and discuss all the evidence, but that they are unable to
come to a unanimous decision, the judge must declare a mistrial. It means
that the victim’s family will have to go through trial preparation again and
another jury will have to go through the same experience. A retrial following
a hung jury does not violate the Fifth Amendment’s prohibition against
double jeopardy, which generally prevents a person from being tried twice
for the same offense. The prosecution may or may not choose to retry the
accused. A jury that will hear a civil case may contain fewer than the usual
twelve members. Another big difference is that a civil jury does not have to
reach a unanimous decision. That means the court can accept a verdict agreed
by five of the six jurors, or ten of the twelve.
After the verdict is delivered, the judge dismisses the jury.
Depending on how long the trial lasted and the rules governing the length of
jury service, jurors will either be free to leave or will have to report back to
the jury assembly room. Sometimes lawyers want to talk to jurors after a case
is finished in order to find out why they reached that particular decision. The
lawyers believe the feedback may help them learn what the strong points
were in their presentation and what they could have done better. People who
have served on a jury can decide whether they want to talk to the lawyer or
not.
One of the most famous dramatic examples of this phase of a trial in
practice is the film 12 Angry Men. It has also been said that the longer a jury
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takes while deliberating a verdict, the lower the success rate for the
prosecution
Text 6
JUDICIAL SYSTEMS
Legal systems based on the common law tradition, such as those in England,
Canada, and the United States, are typically contrasted with civil law
systems, which are found in many Western European countries, much of
Latin America and Africa, and parts of Asia. Civil law and common law
systems have entirely different approaches to criminal procedure. Most
countries with civil law systems use what is known as the inquisitorial
system. Common law countries use what is called the adversarial system.
Inquisitorial System
The inquisitorial process is characterized by a continuing investigation
conducted initially by police and then more extensively by an impartial
examining magistrate. This system assumes that an accurate verdict is most
likely to arise from a careful and exhaustive investigation. The examining
magistrate serves as the lead investigator - an inquisitor who directs the factgathering process by questioning witnesses, interrogating the suspect, and
collecting other evidence. The attorneys for the prosecution (the accuser) and
defense (the accused) play a limited role in offering legal arguments and
interpretations that they believe the court should give to the facts that are
discovered. All parties, including the accused, are expected (but not required)
to cooperate in the investigation by answering the magistrate's questions and
supplying relevant evidence.
The case proceeds to trial only after completion of the examining phase and
the resolution of factual uncertainties, and only if the examining magistrate
determines that there is sufficient evidence of guilt. Under the inquisitorial
approach, the trial is merely the public finale of the ongoing investigation. At
this point, the accused assumes the burden of refuting the prima facie
(apparent) case of guilt developed in the examining phase. Critics argue that
the inquisitorial system places too much unchecked power in the examining
magistrate and judge, who both investigate and adjudicate (legally determine)
the case.
Adversarial System
In a common law system, an adversarial approach is used to investigate and
adjudicate guilt or innocence. The adversarial system assumes that truth—
that is, an accurate verdict—is most likely to result from the open
competition between the prosecution and the defense. Primary responsibility
165
for the presentation of evidence and legal arguments lies with the opposing
parties, not with a judge. Each side, acting in its self-interest, is expected to
present facts and interpretations of the law in a way most favorable to its
interests. The approach presumes that the accused is innocent, and the burden
of proving guilt rests with the prosecution. Through counterargument and
cross-examination, each side is expected to test the truthfulness, relevancy,
and sufficiency of the opponent's evidence and arguments.
The adversarial system places decision-making authority in the hands of
neutral decision makers. The judge ascertains the applicable law and the jury
determines the facts. The system emphasizes procedural rules designed to
ensure that the contest between the parties is a fair fight. Critics of the
adversarial approach argue that the pursuit of winning often overshadows the
search for truth. Furthermore, inequalities between the parties in resources
and in the abilities of the attorneys may distort the outcome of the adversarial
contest.
The Soviet Legal System
Law in the Soviet Union changed considerably in the early 1990s, as a result
of dramatic reforms in Soviet life initiated by President Mikhail Gorbachev.
The traditional view of law as an instrument of state to further the aims of
Communist ideology was discarded, and ultimately the Soviet Union itself
ceased to exist. The following discussion deals with the Soviet legal system
from the Russian Revolution up to the time of Gorbachev.
Soviet law reflected the strong presence of the state in the lives of the people.
The law codes covered virtually every activity in which the state and its
citizens were engaged. There were extensive regulations concerning the
ownership and management of property. At the heart of these regulations was
the provision that the state owns and operates all the means of production.
In the area of criminal law, new definitions of crime emerged under Stalin
that reflected socialism. Along with the traditional crimes dealt with in other
legal systems - crimes against persons and property - the Soviet Union added
certain “economic crimes” and counterrevolutionary activities. Undertaking
religious activity also fell within the sphere of the criminal code until 1990.
The court system of the Soviet Union was established by the judiciary act of
Oct. 31, 1922. At the local level there were people's courts with a full-time
judge and two lay judges, who were selected for a few days of service from a
panel of local citizens. Appeals from the people's courts went to provincial
courts, which also had original jurisdiction in certain security, criminal, and
civil cases. At the top of the legal system was the Supreme Court of the
Soviet Union. It heard cases on appeal from the provincial courts, but it was
also responsible for disciplining the lower courts, issuing rulings to interpret
the legal codes, and trying cases of a significant nature to the state.
166
In the Soviet Union there was no separation of powers as there is in the
United States, and the courts were therefore subject to the legislative
authority. The United States Supreme Court can declare an act of Congress
unconstitutional. No such possibility existed in the Soviet Union.
B. WRITING
B1. Write a brief instruction to a member of a jury on the
procedure of a trial.
B2. Choose one of the following statements as an essay topic
and provide arguments to support (oppose) it.
1. A jury consists of twelve persons chosen to decide who has the better
lawyer
Robert Frost
2. The jury system puts a ban upon intelligence and honesty, and a premium
upon ignorance, stupidity and perjury.
S. L. Clemens
3. There is no such thing as an impartial jury because there are no impartial
people.
Jon Stewart
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СОДЕРЖАНИЕ
MODULE 5
Unit 1
Unit 2
Unit 3
Unit 4
Unit 5
Unit 6
Unit 7
Unit 8
Appendix
MODULE 6
Unit 1
Unit 2
Unit 3
Unit 4
Unit 5
Unit 6
Unit 7
Unit 8
Appendix
MODULE 7
Unit 1
Unit 2
Unit 3
Unit 4
Unit 5
Unit 6
Unit 7
Unit 8
Appendix
MODULE 8
Text 1
Text 2
Text 3
Text 4
Text 5
Text 6
Writing
CRIMINOLOGY
Development of criminology
Classical criminology
Italian school
Causes of crime
The purposes of punishment
From the history of punishment
Capital punishment
Revision
CRIME AND CRIMINALS
What is crime?
Classification of crimes
Business crime
Organised crime
Juvenile crime
Intellectual property crime
Computer crime
Revision
CIVIL AND CRIMINAL PROCEDURE
Civil procedure
Pretrial events
Preliminary hearing
Trial steps
Evidence. Trial motions
Sentencing
Appeal
Revision
TRIAL BY JURY
From the history of jury
Jury selection
“A time to kill”
The work of a jury
Deliberation and verdict
Judicial systems
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4
9
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20
27
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40
45
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58
65
72
79
84
88
93
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100
100
107
114
120
127
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140
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Учебное издание
Власов Николай Михайлович
Журавлева Яна Борисовна
ENGLISH FOR LAW STUDENTS
2 year
Part 2
АНГЛИЙСКИЙ ЯЗЫК
ДЛЯ СТУДЕНТОВ
ЮРИДИЧЕСКОГО ФАКУЛЬТЕТА
2 курс
Часть 2
Учебное пособие
Редактор Е.Д. Груверман
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