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Copyright ОАО «ЦКБ «БИБКОМ» & ООО «Aгентство Kнига-Cервис»

CМОЛЕНСКИЙ ГУМАНИТАРНЫЙ УНИВЕРСИТЕТ КАФЕДРА ЛИНГВИСТИКИ И ПЕРЕВОДА

ENGLISH FOR LAW DEPARTMENTS Учебно-методическое пособие для студентов неязыковых факультетов

Составители: Марголина Е.Г., Зиновьева И.В.

Смоленск 2013 1

Copyright ОАО «ЦКБ «БИБКОМ» & ООО «Aгентство Kнига-Cервис»

Предисловие Марголина Е.Г., Зиновьева И.В. В пособии использованы современные аутентичные материалы, обработанные и адаптированные для студентов юридического профиля. Цель пособия – подготовить студентов к практической деятельности – умению работать с литературой по специальности и вести беседу по научной тематике. Пособие позволит совершенствовать навыки чтения, перевода, устного изложения профессиональных материалов. Правовая лексика вводится тематически, закрепляется в разнообразных упражнениях. Пособие включает 14 уроков, дополнительные тексты повышенной трудности и хрестоматию. Данное пособие разработано на базе учебного пособия "Just English" под редакцией Т.Н. Шишкиной, учебного пособия "Justice and the Law in Britain" C.Д. Комаровской и учебного пособия для вузов "English for Lawyers" С.А. Шевелёвой.

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CONTENTS Unit 1. The Need for Law. …………………………………………………………………………….. Unit 2. Anti Smoking Law Proposed in the USA. …………………………………………………….. Unit 3. Lawmaking Process in Great Britain and in the USA. …………………………………….. Unit 4. The Court System of England and Wales. ……………………………………………... Unit 5. Types of Legal Professions. ……………………………………………………………………… Unit 6. The Court System of the USA. ……………………………………………………………… Unit 7. US Attorneys. ……………………………………………………………………………… Unit 8. You – the Jury. A Handbook on Jury Service. ……………………………………………… Unit 9. Kinds of Cases. ……………………………………………………………………………… Unit 10. What Happens During the Trial. ………………………………………………………………. Unit 11. Crime. ……………………………………………………………………………………… Unit 12. Punishment. The Purpose of State Punishment. ………………………………………………. Unit 13. A policeman and the Criminal World. ………………………………………………………. Unit 14. Impeachment. ………………………………………………………………………………………. Supplementary texts. ………………………………………………………………………. Reader. ……………………………………………………………………………………….

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Unit 1 The Need for Law Task 1. Read the text. Nowadays it is obvious to everyone that, in a community such as the one in which we live, some kind of law is necessary to try to prevent people from killing each other. When the world was at a very primitive stage, there was no such law, and if a man wished to kill another man, no one interfered officially. Later members of every community made laws for themselves in self-protection. If it were not for the law, you could not go out in broad daylight without the fear of being kidnapped, robbed or murdered. There are more good people in the world than bad, but there are enough of the bad to make law necessary in the interests of everyone. There is no difficulty in understanding this but it is important to understand that law is not necessary just because there are bad people in the world. If we were all as good as we ought to be, laws would still be necessary. If we never told lies, never took anything that didn't belong to us, never did anything that we ought not to do, we should still require a set of rules of behaviour, in other words laws, to be able to live in any kind of satisfactory state. In the absence of law we could only rely upon the law of jungle. Every country tries, therefore, to provide laws which will help its people to live safely and as comfortably as possible. This is not at all an easy thing to do, and no country has been successful in producing laws which are entirely satisfactory. But it is better to have some imperfect laws that to have none at all. Task 2. Learn the following words and expressions. Make your own sentences with them. 1. nowadays – в настоящее время 2. obvious – очевидный 3. a community – общество 4. a law – закон 5. necessary – необходимый 6. to prevent – препятствовать ч-л или к-л, мешать к-л сделать что-то. 7. to interfere – вмешиваться 8. self-protection – самозащита 9. to kidnap – похищать 10. to rob – грабить 11. to kill = to murder – убирать 12. to require – требовать 13. a set of rules – набор правил 14. behaviour – поведение 15. to rely upon – полагаться на 16. to provide – препятствовать ч-либо; мешать к-либо сделать что-то 17. in other words – другими словами 18. safely – безопасно 19. imperfect – несовершенный Task 3. Give the Russian equivalents to the words below: It is obvious, in the community we live in, to prevent people; at a very primitive stage; to make laws; in self-protection; to be kidnapped or killed; in the interests of everyone; a set of rules; as comfortably as possible; entirely satisfactory. Task 4. Find in the text the English equivalents в настоящее время это очевидно препятствовать ч-либо или кому-л. набор правил поведения

for the following words: несовершенные законы полагаться на закон джунглей создавать законы действовать официально

Task 5. Find in the text the conditional sentences. Task 6. Answer the questions: 1. Why is it necessary to have some kind of law in our community? 2. Why did people make laws? 3. Are there more good or bad people in the world? 4

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4. Is there any country in the world which has perfect laws? 5. What is better: to have imperfect laws or have none at all? Task 7. Make a list of arguments for and against the following statements. 1. Laws haven't changed since primeval times. 2. However hard people try, laws are always insufficient. 3. Laws are not for ordinary people, they are for lawyers. Task 8. Speak about the need for law.

Unit 2 Anti Smoking Law Proposed in the USA Task 1. Read the following text. President Clinton called for new laws that would cut the number of teenagers who smoke. Every day 3000 young people take up smoking, 1000 of them die early as a result. "We want to cut that in half over the next 10 years, and we want to put in place financial penalties that will give the tobacco industry incentive to stop selling tobacco to children and start taking responsibility for reducing youth smoking", – said the President. Besides Administration favoured a number of payments and penalties that can raise the price of cigarettes as much as $1.50 a pack over next 10 years. The Administration also approved a national "anti-smoking campaign" to warn young people of the danger of smoking. Under the settlement that was reached in June, 1998, tobacco companies agreed to cut advertising and marketing and to pay fines if they refused to meet targets for reducing youth smoking. In exchange they would be protected from certain lawsuits. The settlement says that smoking by teenagers who are under 18 must fall 30 per cent in 5 years, 50 per cent in 7 years and 60 per cent within 10 years. If the companies don't meet the targets, they will pay a fine ($80 million) for each per cent they fall short. The fine will be more than $2 billion a year. The proposed legislation must protect the interests of tobacco farmers and disclose tobacco companies documents. However, because of stiff criticism the legislation was left open to discussion and amendment. Task 2. Learn the following words and expressions. 1. to call for – призвать к ч-л. 2. advertising – реклама 3. to cut – сокращать 4. target – цель 5. financial penalties – денежное взыскание 6. to fall short – не хватать, иметь недостаток в чём-либо 7. incentive – побуждение, мотив 8. to pay fines – платить штрафы 9. to take responsibility – брать на себя 10. the proposed legislation – предложенный законопроект 11. to reduce – уменьшать, сокращать 12. to disclose – раскрывать, обнародовать 13. to favour – одобрить 14. stiff – жёсткий 15. settlement – соглашение 16. amendments – поправки (к законопроекту)

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Task 3. Translate into Russian: 1. Every day 3000 young people take up smoking. 2. We want to put in place financial penalties that will give the tobacco industry incentive to stop selling tobacco to children and start taking responsibility for reducing youth smoking. 3. Tobacco companies agreed to cut advertising and marketing and to pay fines if they refused to meet targets for reducing youth smoking. Task 4. Find in the text the English equivalents for the following expressions: 1. Призвать к принятию новых законов. 2. Сократить число курящих подростков. 3. Поднять цену до 1,5$ за пачку. 4. Предупредить молодых людей об опасности курения. 5. Сократить рекламу и продажу. 6. Предложенный законопроект. 7. Защитить интересы фермеров, выращивающих табак. 8. Оставить законопроект открытым для обсуждения и поправок. Task 5. Match the English and Russian synonyms: одобрить ряд платежей и взысканий to pay fines платить штрафы to reduce youth smoking сокращать курение среди молодёжи to cut the number of teenagers who smoke сократить число курящих подростков to reduce youth smoking призвать к принятию новых законов to start taking responsibility начать брать на себя ответственность to call for new laws Task 6. Answer the following questions. 1. What is the target of the new legislation proposed by President Bill Clinton? 2. The Administration favoured a number of payments and penalties. What can these payments change? 3. Why did the Administration approve of a national "anti-smoking campaign". 4. What do you know about the settlement of June, 1998? 5. How much will tobacco companies pay if they don't meet the targets? 6. Does the legislation protect the interests of tobacco farmers? Task 7. Make your own questions to the text. Task 8. Agree or disagree to the statements. 1. No laws can cut smoking and drug taking. 2. If the price of a pack is $1,5 all smoking people will stop smoking. 3. Anti-smoking legislation can be effective. 4. If TV and radio warn young people of the danger of smoking, they will not take up smoking. Task 9. Fill up to for in in in in for over by within of

the gaps using preposition from the box 1. President Clinton called … new laws. 2. Every day 3000 young people take … smoking. 3. We want to cut that … half … next 10 years. 4. We want to put … place financial penalties. 5. We want to stop selling tobacco … children. 6. We want to start responsibility … reducing youth smoking. 7. The settlement was reached… June, 1998. 8. …exchange they would be protected from certain lawsuits. 9. Smoking … teenagers who are under 18 must fall 30 per cent … 5 years and 60 per cent … 10 years. 10. Because … stiff criticism the legislation was left open.

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Task 10. Make topic "Anti Smoking Law Proposed in the USA"

Unit 3 Lawmaking Process in Great Britain and the USA Task 1. Read the following texts. Britain In Britain new legislation usually starts in the House of Lords. In each house a bill is considered in three stages, which are called readings. The first reading is practically formal, to introduce the bill The second reading is normally debate. After the second reading the bill is examined in detail by a committee. Then the bill is returned to one of the houses. Here it can be amended. If it passes the third reading, it goes to the other house. Amendments made to a bill by the House of Lords must be considered by the Commons. If the bill is not agreed by the House of Commons, it must be altered and sent back to the Lords. In the event of persistent disagreement between the two houses, Commons prevails. Finally, the bill goes to the monarch for the royal assent. Nowadays it is merely a formality. United States The US Congress consists of two houses: the House of Representatives and the Senate. Any congressman or the president may initiate new legislation. The proposed legislation, or bill, is first introduced in the House of Representative. Then it is sent to one of the standing committees, which organizes hearing on it. The draft may be approved, amended or shelved. If the bill is passed by the committee, it is considered by the House of Representatives as a whole. If it is passed there, it goes to the Senate, where there are similar committee hearings and general debate. When there is some disagreement , the House of Representatives and the Senate confer together. Finally the bill must be signed by the President, who has the right to veto it. If the president vetoes a bill, it can still become a law – only if it is passed by a two-thirds majority in both houses of Congress. Task 2. Learn the following words and expressions. Make your own sentences with them. 1. legislation – законодательство 2. to consider – рассматривать 3. reading – чтение 4. to introduce the bill – представить законопроект 5. debate – дискуссия, дебаты 6. to amend – исправлять 7. to pass the bill – провести законопроект 8. to alter – изменять, переделывать 9. the royal assent – Королевская санкция, 10. standing committee – постоянная одобрение комиссия, комитет 11. hearing – слушание 12. to approve – одобрять 13. to shelve – отложить 14. draft – проект 15. to confer – совещаться 16. to sign – подписывать 17. to veto – отклонять 18. law – закон 19. majority – большинство Task 3. Give the Russian equivalents to the words below: legislation starts; a bill is considered; the first reading is formal; the bill can be amended; the House of Commons; persistent disagreement; the royal assent; the House of Representatives; the proposed legislation; general debate; the bill must be signed; a two-third majority. Task 4. Find in the text the English equivalents for the following words: 1. закон рассматривается на трёх стадиях 2. представлять законопроект 7

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3. законопроект детально исследуется комитетом 5. изменить законопроект 7. постоянный комитет 9. отложить проект 11. совещаться вместе

4. пройти третье чтение 6. палата представителей 8. одобрять проект 10. слушания в комитете 12. право вета

Task 5. Use one of the words or word combinations from the box in an appropriate form to fill each gap. legislation in three stages to introduce the bill to pass the third reading the royal assents to approve to sign the House of Commons 1. 2. 3. 4. 5. 6. 7. 8.

The draft may … . Finally the bill goes to the monarch for … . New … usually starts in the House of Lords. In the event of persistent disagreement, … prevails. In each house a bill is considered … . The first reading is … . Finally the bill must … by the president. If the bill …, it goes to the other house.

Task 6. Give a synonym from the box to the following words or word-combinations. debate to shelve to alter the royal assent majority to amend a draft a bill to introduce veto 1. to correct smth. 2. to announce formally 3. a project 4. to change smth, to improve 5. a discussion 6. a formal proposal for a new law 7. the number greater than half of any total 8. agreement 9. to put off or aside 10. the presidents' disapproval of a bill that has been passed by both houses of Congress Task 7. Find in the text the sentences where the verbs are used in the Passive Voice. Task 8. Answer the questions: 1. In which houses does new legislation usually start? 8

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a) in Great Britain b) in the USA 2. What is a bill? How does a bill become a law? a) in Great Britain b) in the USA 3. Who has the right of veto? a) in Great Britain b) in the USA Task 9. Put your own questions to the texts. Task 10. Speak about the lawmaking process in Great Britain and the USA.

Unit 4 The Court System of England and Wales Task 1. Read the text The most common type of law court in England and Wales is the magistrates' court. There are 700 magistrates' courts and about 30 000 magistrates. More serious criminal cases go to the Crown Courts. There are 90 branches of it in different towns and cities. Civil cases (as divorce or bankruptcy cases, for example) are dealt with in country courts. Appeals are heard by higher courts. Appeals from magistrates' courts are heard in the Crown Court, unless they are appeals on points of law. The highest court of appeal in England and Wales is the House of Lords. As for Scotland it has its own High Court in Edinburgh. Here all appeals from Scottish courts are heard. Certain cases may be referred to the European Court of Justice in Luxembourg. Besides the British Government has been made to change its practices in some areas as a result of petitions to the European Court of Human Rights. The legal system also includes juvenile courts (they deal with offenders under seventeen) and coroners' courts, which investigate violent, sudden or unnatural deaths. There are administrative tribunals, which deal with professional standards, disputes between individuals, and between individuals and government departments (for example, over taxation). These quick, cheap and fair decisions are made with less formality. The court system in Northern Ireland is similar, but the system in Scotland is more different and separate. Task 2. Learn the following words and expressions. Make your own sentences with them. 1. a court – суд 2. a case – дело 3. criminal case – уголовное дело 4. civil case – гражданское дело 5. divorce case – дело о разводе 6. bankruptcy case – дело о банкротстве 7. an appeal – аппеляция 8. to refer – ссылаться, относиться 9. a petition – петиция 10. legal – законный, правовой 11. juvenile court – суд для 12. an offender – правонарушитель несовершеннолетних 13. a coroner – следователь 14. to investigate – исследовать, расследовать 15. violent – насильственный 16. sudden – внезаконный 16. unnatural – неестественный 17. taxation – взимание налога Task 3. Give the Russian equivalents to the words below:

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the most common type of law court; criminal cases; the Crown Court; civil cases; are dealt with in Country courts; appeals are heard; appeals on points of law; the European Court of Human Rights; juvenile courts; taxation. Task 4. Find in the text the English equivalents for the following words: суд магистрата; дело о разводе; верховный апелляционный суд; граждане; петиции; правовая система; расследовать насильственные смерти; суды графств; правонарушитель. Task 5. Fill each gap with a word or word combination from the box in an appropriate form. the magistrates' court County courts juvenile courts to investigate professional standards the Crown Court the House of Lords appeals on points of law 1. The most common type of law court in England and Wales is … . 2. More serious criminal cases then go to … . 3. Civil cases are dealt with in … . 4. Appeals from magistrates' courts are heard in the Crown Court, unless they are … . 5. The highest court of appeal in England and Wales is … . 6. Offenders under seventeen are dealt with in … . 7. Coroners' courts … violent, sudden or unnatural deaths. 8. Tribunals deal with … . Task 6. Find in the text the synonyms for the following definitions: 1. a legal proceeding by which a case is brought to a higher court for review; 2. utter failure; 3. a court case involving a crime, or violation of public order; 4. an inferior judicial officer, such as Justice of the Peace (Br.); 5. a person who has committed an offence; 6. a formal written request to a superior; 7. recognized and permitted by law; 8. to make a systematic examination or study. Task 7. Answer the questions: 1. Who is responsible for making laws in Britain? 2. What is the difference between criminal and civil law in the United Kingdom? 3. What is the most common type of law court in England and Wales? 4. Name three other types of British courts Task 8. Discuss the following. Which courts do you think would deal with: a) a bank robbery? b) a divorce case? c) a burglary committed by a fifteen-year-old? d) a drowning? e) a case of driving too fast? Task 9. Speak about the court system of England and Wales.

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Unit 5 Types of Legal Professions Task 1. Read the texts. England is almost unique in having two different kinds of lawyers, with separate jobs in the legal system. The two kinds of lawyers are solicitors and barristers. Solicitors If a person has a legal problem, he will go and see a solicitor. Almost every town will have at least one. In fact there are at least 50,000 solicitors in Britain, and the number is increasing. They make up the largest branch of the legal profession in England and Wales. They deal with all the day-today work of preparing legal documents for buying and selling houses, making wills, etc. Solicitors also deal with petty crimes and some matrimonial matters in Magistrates' Courts. They prepare the case and the evidence. They may speak in Court for you. In a civil action they can speak in the County Court, when the case is one of divorce or recovering some debts. In the County Court the solicitor wears a black gown over his ordinary clothes. To quality as a solicitor, a young man or woman joins a solicitor as a 'clerk' and works for him while studying part time for the "Law Society" exams. It is not necessary to go to University when you have passed all the necessary exams, you can start business on your own. Barristers There are about 5,000 barristers who defend or prosecute in the higher courts. Barristers specialize in representing clients in court. Barristers are experts in the interpretation of the Law. They are called in to advise on really difficult points. The barrister is also an expert on advocacy. Barristers are rather remote figures. They do not have public offices in any street. They work in what are known as chambers, often in London. They all belong to institutions called Inns of Court, which are ancient organizations rather like exclusive clubs. To qualify as a barrister you have to take the examinations of the Bar Council. The highest level of barristers have the title QC (Queen's Councel). Only barristers can become judges in an English Court above a Magistrates' Court. Judges. Magistrates In Britain, the vast majority of judges (that is, the people who decide what should be done with people who commit crimes) are unpaid. They are called "Magistrates", or "Justice of the Peace" (JPs). They are ordinary citizens who are selected not because they have any legal training but because they have "sound common sense" and understand their fellow human being. They give up time voluntarily. A small proportion of judges are not Magistrates. They are called "High Court Judges" and they deal with the most serious crimes for which the criminal might be sent to prison for more than a year. High Court Judges are paid salaries by the State and have considerable legal training. Jury A jury consist of twelve people ('jurors'), who are ordinary people chosen at random from the Electoral Register. The jury listen to the evidence given in court and decide whether the defendant is guilty or innocent. If the person is found guilty, the punishment is passed by the presiding judge. Juries are rarely used in civil cases. Coroners Coroners have medical or legal training (or both), and investigate violent or unnatural deaths. Clerks of the Court 11

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Clerks look after administrative and legal matters in the courtroom. Task 2. Learn the following words and expressions. Make your own sentences with them. 1. a solicitor – поверенный, нотариус 2. to make a will – составлять завещание 3. a barrister – адвокат 4. to defend – защищать 5. to prosecute – преследовать судебным 6. a pretty crime – мелкое преступление порядком 7. a matrimonial matter – брачное дело 8. evidence – свидетельское показание 9. to recover some debts – возвращать долги 10. advocacy – защита, адвокатура 11. to belong to – принадлежать 12. a judge – судья 13. to commit a crime – совершить 14. Justice of the Peace – мировой судья преступление 15. a citizen – гражданин 16. a magistrate – магистрат, мировой судья 17. a criminal – преступник 18. a prison – тюрьма 19. jury – присяжные 20. a juror – присяжный заседатель 21. to vote – голосовать 22. a defendant – обвиняемый, ответчик 23. guilty – виновный 24. innocent – невиновный 25. punishment – наказание 26. to preside – председательствовать 27. a clerk – клерк, служащий Task 3. Give the Russian equivalents to the words below: Is almost unique; the legal system; to go and see a solicitor; at least; all the day-today work; petty crimes; the evidence; to recover some debts; to represent clients in court; an expert in the interpretation of the law; the vast majority of judges; are chosen at random; the presiding judge; violent or unnatural deaths; to investigate. Task 4. Find in the text the English equivalents for the following words: – правовая проблема – брачные дела – защищать – эксперт по адвокатуре – мировой судья – признан виновным

– – – – – –

составлять завещание дело о разводе преследовать судебным порядком совершить преступление выслушать свидетельские показания наказание

Task 5. Choose the correct definition for each legal profession mentioned in the text. a) an officer acting as a judge in the lower courts. b) a public official with authority to hear and decide cases in a law court. c) a group of people who swear to give a true decision on issues of in a law court. d) an official who investigates the cause of any death thought to be violent or unnatural causes. e) a lawyer who has the right to speak and argue in higher law courts. f) a lawyer who prepares legal documents, advises clients on legal and speaks for them in lower law courts. Task 6. Match each word or expression on the a) witness b) cross-examine c) witness-box d) evidence e) defence

left with the correct definition on the right. 1. everything witnesses say in court: facts, etc 2. where witnesses stand in court 3. someone who sees a crime or an accident 4. ask all witnesses involved in a case questions 5. to say something happened though the fact 12

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f) allege

hasn't been proved yet 6. all the evidence, facts, things, etc that a solicitor can use to prove a man is not guilty

Task 7. Chose the right preposition (at, with, in, for, by, of, up, from). 1. Many problems are dealt … by a solicitor. 2. Almost every town has …least one solicitor. 3. The solicitor wears a black gown … the County Court. 4. The vast majority … magistrates are unpaid. 5. Magistrates give … time voluntarily. 6. Jurors are chosen … random … the Electoral Register. 7. Solicitors prepare legal documents … buying and selling houses. 8. The punishment is passed … the presiding judge. Task 8. Is it true or false? 1. There are about 5 000 solicitors in England and Wales. 2. Barristers defend or prosecute in the higher courts. 3. A jury consist of ten people. 4. Petty crimes and some matrimonial matters are dealt with by solicitors. 5. To qualify as a solicitor you must go to University. 6. Solicitors as well as barristers can become judges in an English Court above a Magistrates' Court. 7. There are about 30 000 magistrates who judge cases in the lower courts. Task 9. Answer the questions. 1. What is almost unique about the English legal system? 2. What kind of problem does a solicitor deal with? 3. What is necessary to qualify as a solicitor? 4. What are barristers experts in? 5. How do you qualify as a barrister? 6. What kind of people are Magistrates? 7. Why are they selected? 8. Who would judge a person who had committed a crime like murder? 9. What are the jury's duties? 10. Whom is the punishment passed by? 11. What kind of training do coroners have? 12. What kind of deaths do they investigate? Task 10. Combine the following pairs of sentences into one according to the model. MODEL: He had a case. A woman stole a post office saving book. – We had a case of a woman who stole a post office saving book. a) We had a case. Someone attacked a man. b) I remember having a case. Three men broke into a house. c) I've never had a case. A man robbed a bank. d) A colleague had a case. A young boy took a motor cycle. Task 11. Make the sentences containing questions according to the model. MODEL: How many had she taken? Nobody knew. – Nobody knew how many she'd taken. a) How confused was she? It's difficult to say. b) When had she last had a pill? We couldn't find out. c) Where had she got the pills? The doctor didn't know. d) How many things had she stolen? The police couldn't say. 13

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e) How much were the things worth? Nobody asked. Task 12. Make sentences containing the ing-form according to the model. MODEL: There was no question of confusion of mind (fining her) – There was no question of fining her. a) sending her to prison b) putting her on probation c) being so soft d) not punishing her somehow e) not knowing what she was doing Task 13. Make sentences containing reported questions according to the model. MODEL: It depends. How anti-social has their action been? – It depends how anti-social their action has been. a) It depends. What did he do? b) You must consider. How much has a man done? c) It all depends. How many times has a criminal been in prison? d) I always consider. What is his back-ground? e) It depends. How serious is the crime? Task 14. Make conditional sentences according to the model. MODEL: People must be punished. If people were not punished crime would increase. Discipline must be taught. If discipline weren't taught, crime would increase. a) Things like this must be done. b) The law must be enforced. c) Fines must be given. d) People must be sent to prison. e) Magistrates must be firm. Task 15. Read the text, learn the active vocabulary under it and answer the questions. The Innocent and the Guilty Imagine, if you can, that you have been arrested for something like shoplifting, or for dangerous driving, or for getting drunk and causing "a disturbance of the peace". You are in a Magistrates' Court now. You, "the accused", are in a kind of large, open box. The sides come up almost to your chin. It is on a raised platform almost in the centre of the court and is called "the dock". You are in the dock. There are three Magistrates "on the bench" in front of you. At least one of them is a woman. They are also on a raised platform, at desks, side by side. In front of and below them there is another man. He is the "Clerk of the Court" and he, unlike them, is trained in the law and is paid for his work. During your case he will follow the administrative details and perhaps give advice to the Magistrates on legal points. The case begins. The policeman who arrested you gives evidence. He reads details from a small black notebook that he always carries. He tells the court when and why he arrested you, what he said, and so on. You solicitor questions, or "cross-examines" him. One of the Magistrates speaking for all three, also asks questions. Other witnesses appear. Perhaps you yourself say nothing at all. You do not have to speak in your defence. "Everyone is innocent unless proved guilty". In other words, you do not have to prove that you are innocent. The police have to prove you are guilty. At the end the Magistrates probably do not even go out of the court. They discuss your case in low voices in front of you. You try to hear, but cannot. Then the Clerk of the Court tells you to stand.

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The Magistrate who has done the talking for the others tells you whether they have found you innocent or guilty. He can sentence you to no more than six months in gaol for one offences or to a fine of 400 pounds. More serious cases are heard in the Crown Court, where the Judge is always a legal expert and is also paid for his work. In the Crown Court you may, if you choose, be given a "trial by jury". Twelve ordinary people like yourself judge you. But the Judge himself always decides on the sentence. Reporters for local newspapers often go to Magistrates' Courts; the next day articles appear in the paper and full names, ages, addresses and details of the case are given. 1. shoplifting – кража в магазине 3. a dock – скамья подсудимых 5. a witness – свидетель 7. to prove – доказывать 9. an offence – правонарушение 11. a fine – штраф 13. to try – судить по суду

1. 2. 3. 4. a) b) c) d) 5. 6. 7.

Active Vocabulary 2. accused – обвиняемый 4. to cross-examine – вести перекрёстный допрос 6. defence – защита 8. to sentence –выносить приговор 10. a goal – тюрьма 12. a trial – судебный процесс 14. to judge – судить

Questions: What are at least three names of the offences for which people are tried in a Magistrates' court? What is meant by "the dock"? What and who do you see in front of you if you are "in the dock"? If you are the accused, describe what these people will do during your case: the policeman who arrested you; your solicitor; one of the three Magistrates; witnesses. In what way, with regard to training and pay, is the Clerk of the Court different from the Magistrates? What is the longest term a Magistrates' Court can sentence anyone to? Where are more serious cases heard?

Task 16. Speak about Legal Professions in Great Britain.

Unit 6 The Court System of the USA Task 1. Read the text. The Organization of the Federal Courts Today The American court system is complex. It functions as part of the federal system of government. Each state has its own court system, and no two are identical. In addition there is a system of courts for the national government. These federal courts coexist with the state courts. Individuals fall under the jurisdiction of two different court systems, their state courts and federal courts. The vast majority of cases are heard in the state courts. The federal courts are organized in three tiers, like a pyramid. At the bottom of the pyramid are the US district courts, where litigation begins. In the middle are the US Courts of Appeals at the top is the US Supreme Court. To appeal means to take a case to a higher court. The courts of appeals and the Supreme Court are appellate courts, with few exceptions, they review cases that have been decided in lower courts. Most federal courts hear and decide a wide number of cases; the judges in these courts are known as generalists. 15

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Task 2. Learn the following words and expressions. Make your own sentences with them. 1. to coexist – сосуществовать 2. an individual – частное лицо 3. a state court – суд штата 4. a federal court – федеральный суд 5. to fall under the jurisdiction – подпадать 6. the Supreme Court – Верховный суд под юрисдикцию 7. a litigation – тяжба, судебное 8. a district court – окружной суд разбирательство 9. an exception – исключение Task 3. Give the Russian equivalents to the words below: As part of the federal system of government; no two are identical; in addition; coexist with the state courts; the vast majority of cases; are organized in three tiers; where litigation begins; the Supreme Court. Task 4. Find in the text the English equivalents for the following words: частные лица; окружные суды; исключение; ярус; попадать под юрисдикцию; федеральные суды; тяжба. Task 5. Examine the chart US Supreme Court Opinions (Approximately 140 signed opinions) Original jurisdiction (Approximately 10 cases)

Request for review (Approximately 4200 petitions and appeals)

From federal Administrative Agencies US Courts of Appeals (36, 000 cases)

State Court of Last Resort (60, 000 cases)

State Intermediate Appellate Courts (130,000 cases)

US District Courts (94 Courts) (280, 000 cases)

State Trial Courts (27, 000, 000 cases)

Task 6. Fill in the blanks. The Federal and State Court Systems The federal courts have three tiers: (a) … courts, courts of (b) … and the (c) … Court. The (d) … Court was created by the Constitution; all other (e) … courts were created by Congress. Most litigation occurs in (f) … courts. The structure of (g) … courts varies from state to state; usually there are (h) … , intermediate (i) … courts were created by state constitutions. Task 7. Match each word on the left with the definition on the right. 16

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a) litigation b) petition c) to sue d) jurisdiction e) majority f) to appeal

1. to take a case to a higher court for rehearing and new decision 2. the power, right or authority to apply the law 3. a formal written request to a superior 4. a lawsuit 5. the number greater than half of any total 6. to make a legal claim

Task 8. Is it true or false: 1. The American court system is complex. 2. The Federal courts do not coexist with the state courts. 3. The vast majority of cases are heard in the federal courts 4. Litigation begins in the Supreme Court. 5. The state courts are organized in three tiers Task 9. Answer the questions. 1. In what way are the federal courts organized? 2. Where does litigation begin? 3. What does the word "to appeal" mean? 4. In what courts are the vast majority of cases heard? 5. How are the judges of the federal courts known? Task 10. Speak about the Court system of the USA.

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Unit 7

US Attorneys Task 1. Read the text. In the USA there are different kinds of attorneys. You must know the difference between them. First of all, there is an attorney-in-fact and an attorney-in- law. An attorney-in-fact is a person who acts for another, he is an appointed agent. An attorney-in-law is an experienced, practicing lawyer who has special training. In the USA to be a lawyer (an attorney) you must graduate from college and then attend a law school for 3 years. Upon graduating from law school, you receive the degree of Juris Doctor (doctor of Law). To be omitted to the bar you must pass an examination. Secondly, there is one more type of attorneys – an Attorney general . It is the chief law official of the government. There are 94 Attorneys general who are appointed by the President with the advice and consent of the Senate. Unlike federal judges, they serve at the pleasure of the President. They must leave their positions when the president and the government change. There is a US Attorneys general in e ach federal judicial district. Their staffs of assistants vary in size with the amount of litigation in the district. US Attorneys are powerful political figures. Their decision to prosecute or not affects the wealth, freedom, rights and reputation of individuals (for example, elected officials, judges, organized crime figures) and organizations. US Attorneys general often have political ambitions. Their position gives them a chance to use mass media for their political goals. Favourable press coverage can help them launch a successful career in elected office. Task 2. Learn the following words and expressions. 1.an attorney - in - fact - лицо (не являющееся 7.amount of litigation - количество адвокатом), действующее в качестве судебных тяжб поверенного другого лица (общественный 8. to prosecute - преследовать судебным защитник) порядком 2.an attorney - in - law - (syn. lawyer, attorney) - 9. political goals - политические цели адвокат 10. elected officials - чиновники, избираемые на должность 3.an Attorney general - генеральный прокурор 11. to launch a career - начинать карьеру 4.Juris Doctor (doctor of Law) - доктор 12.elected office - выборные посты ( в юридических наук составе правительства) 5.the bar - адвокатура 6.official - чиновник, должностное лицо

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Task 3. Find in the text the English equivalents for the following expressions and sentences. 1.Чтобы вас приняли в адвокатуру, вы должны сдать экзамен. 2. Генеральные прокур оры назначаются Президентом по совету и с согласия Сената. 3. В отличие от федеральных с удей, они служат на благо президента. 4. Количество помощников варьируется в зависимости от количества судебных тяжб в округе. 5. Благоприятные отзывы прессы. 6. Главы организованной преступности. Task 4. Fill in the gaps using the appropriate prepositions. 1. You must graduate . . . college and then attend a law school . . . 3 years. 2. To be omitted . . . the bar you must pass an examination. 3. US Attorneys general are appointed . . . the President . . . the advice and the consent . . . the Senate. 4. They serve . . . the pleasure . . . the President. 5. The staffs of a ssistants vary . . . size . . . the amount . . . litigation . . . the district. 6. Their position gives them a chance to use mass media . . . their political goals.7. It can help them launch a successful career . . . elected office. Task 5. Match each word on the left with the correct definition on the right. * Juror Doctor * elected officials * an Attorney general * an attorney-in-fact * mass media * an attorney-in-law

1. an appointed agent 2. an experienced, practising lawyer who has special training 3. doctor of law 4. the chief law official of a government 5. people who have a position in government 6. newspapers, magazines, radio

Task 6. Is it true or false? 1. An attorney-in-fact has special training. 2. An attorney-in-law must graduate from college and then he must go to the University. 3. Upon graduating from law school, an attorney gets the degree of Juris Doctor. 4. Attorneys are omitted to the bar after the examination. 5. Attorneys general are appointed by the Senate. 6. They leave their positions after one or two years. 7. Usually attorneys general have political ambitions and with the help of mass media they launch successful careers. Task 7. Answer the following questions: 1. What is the difference between an attorney-in-fact and an attorney-in-law? 2. What training do attorneys-in-law have? 3. How are attorneys general appointed? 4. How many Attorneys general are there in the USA? 5. When do Attorneys general leave their position? 6. What does the number of assistants depend on? 7. What makes Attorneys general so important figures? 8. How do Attorneys realize their political ambitions? Task 8. Make questions to the following sentences. 1. There are different kinds of attorneys in the USA. (general question) 2. There are 94 Attorneys general in the USA. (special question) 3. You must graduate from college. (alternative question) 4. US Attorneys are powerful political figures. (tag-question) 5. Upon graduating from law school, you receive the degree of Juris Doctor. (special question) Task 9. Make topic "US Attorneys".

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Unit 8 You – the Jury A Handbook on Jury Service Task 1. The following texts come from a handbook on jury service for US citizens. Read the texts, consulting the active vocabulary. I. Jury Service – An Important Job and a Rewarding Experience. The right to trial by a jury of our fellow citizens is one of our most important rights and is guaranteed by the Constitution of the United States. Your job as a juror is to listen to all the evidence presented at trial and to "decide the facts" – that is, to decide what really happened. The judge, on the other hand, "decides the law" – that is, makes decisions on the legal issues that come up during the trial. For example, the judge may have to decide whether you and the other jurors may hear certain evidence or whether one lawyer may ask a witness a certain question. Sometimes you will even be asked to leave the courtroom while legal issues are being decided. In order to do your job you don't need any special knowledge or ability. It is enough that you keep an open mind, concentrate on the evidence being presented, use your common sense, be fair and impartial (that is, not influenced by sympathy or prejudice). Many jurors find their experience exciting, challenging and satisfying. II. Selection of the Trial Jury. Your name was selected at random from voter registration records and placed on a list of potential jurors. To be eligible for jury service, you must be over 18 years of age, a law-abiding citizen of the United States, a resident of the country in which you are to serve as a juror, able to communicate in English. 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, would suffer great hardship if required to serve, or are unable to serve for some other reason. The first step in the selection of the trial jury is the selection of a 'jury panel'. The judge assigned to the case that is to be heard will tell you about it and will introduce the lawyers and the people involved in the case. Following this explanation of the case and a taking of the oath, the judge and the lawyers will question you and the other members of the panel to find out if you have any personal interest in it, or any feeling that might make it hard for you to be impartial. This process of questioning is called VOIR DIRE, a phrase meaning 'to speak the truth'. During VOIR DIRE the lawyers may ask the judge to excuse you from sitting on the jury for this particular case. This is called CALLENGING 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 wouldn't be able to be impartial. The second type of challenge is called a PEREMPTORY CHALLENGE, which means that the lawyer doesn't 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. If you are exempt from service, you will either return to the juror waiting area and wait to be called for another panel or will be excused from service, depending on the local procedures in the country in which you live.

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Those jurors who haven't 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. III. Your Working Day The number of the days you work as a juror and your working hours depend on the jury selection system in the country in which you live. Regardless of the length of your working day, one thing that may strike you is the amount of waiting (before or during trial). Though this waiting may seem like a waste of time to you, however, there are good reasons for it. Your having to wait before trial is important for the efficient operation of the system. Because there are many cases to be heard and because trials are expensive, judge encourage people to come to an agreement in their case before trial. These agreements, called SETTLEMENTS, can occur at any time, even a few minutes before the trial is scheduled to begin. This means that it is impossible to know exactly how many trials there will be on a particular day or when they will start. Jurors are kept waiting, therefore, so that they are immediately available for the next case that goes to trial. Your waiting during trial helps assure the fairness of the proceeding. If you are sent out of the courtroom during trial, it is probably because the judge decides that you shouldn't hear the discussion about the law, because it might interfere with your ability to decide the facts in an impartial way. Please don't take offence but be assured, that these delays during trial, explained or not, are important to the fairness of the trial. 

Find in the text sentences with the Modal Verbs.

Task 2. Learn the active vocabulary and use it in sentences of your own. Active Vocabulary 1. jury (n) – присяжные; jury service – работа присяжным заседателем / обязанности присяжного заседателя / juror (n) – присяжный заседатель; juror panel – список присяжных 3 impartial (adj) – беспристрастный; справедливый; impartiality (n) – беспристрастие; справедливость

2. legal issue – правовой вопрос

5. to meet requirements – соответствовать, отвечать требованиям 7. to be excused from smth. / to be exempt from smth – (e.g. jury service) – быть освобождённым от чего-л (работы в суде присяжным) 9. challenge – 1(n) – юр. отвод (присяжных) 2 (v) – давать отвод присяжным challenge for cause – обоснованный, мотивированный отвод / отвод с указанием причины, по причине/ peremptory challenge – отвод без указания причины

6. to be eligible for smth – подходить для чего-либо 8. to take an oath – дать клятву

4. to select smth./smb. at random – выбрать что-л / кого-л. наугад

10. settlement (n) – компромиссное решение; урегулирование 11. VOIR DIRE (n)– процесс дознания

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Task 3. A) Give the Russian equivalents for the following words and expressions: – to decide the law – witness – to decide the fact – to be available for the case – trial by a jury – evidence – to serve on a jury – delay during trial – to be influenced by prejudice – eligible for service – to take offence B) Give the English equivalents for the following words and expressions: – быть справедливым – испытывать лишения – мешать чему-либо (нарушать что-л) – препятствовать чему-л, кому-л сделать что-л – докладывать; отчитываться – быть вовлечённым в судебное разбирательство – отвечать на вопросы честно (правдиво) – заверить, убедить кого-л – здравый смысл – быть присяжным заседателем – освободить кого-л от обязанностей присяжного – независимо от чего-л – эффективное функционирование системы Task 4. Make up your own situation with the words and expressions from task 3, 4 Task 5. Agree or disagree with the following statements: 1. A juror is to listen to all the evidence presented at trial and make decisions on legal issues that come up during the trial. 2. One doesn't need any special knowledge or ability for serving on a jury. 3. All jurors may ask witnesses different questions to get more information. 4. During VOIR DIRE you are questioned by the judge and lawyers. Even if you answer all the questions truthfully, you still may be challenged. 5. A juror's working day depends on the local procedures in the country in which you live. Task 6. Answer the questions: 1. What is the job of a juror? 2. What is the job of a judge? 3. What qualities should a good juror have? 4. What requirements should one meet to be eligible for jury service? 5. What are the reasons for a person to be excused from jury service? 6. What is the aim of VOIR DIRE? 7. What is CHALLENGING A JUROR? 8. What are the types of challenge do you know? 9. What does a juror's working day depend on? 10. Who are alternate jurors? 11. You are a juror. Are you allowed to talk to the lawyers, parties or witnesses about anything outside the courtroom? 12. Are you allowed to get evidence or discover any information about the case on your own? Task 7. Give the synonyms of the following words and expressions: – to be a juror – to be fair – to be suitable – to be excused from service – a list of jurors – agreement – case Task 8. A) Translate in English (revise Modal Verbs, If-Sentences, Passive Voice). 1. Если вам предстоит выполнять обязанности присяжного заседателя (быть присяжным), вы должны сделать всё возможное, чтобы быть честным, справедливым и беспристрастным во время суда. 2. Ваши обязанности присяжного заседателя должны быть выполнены качественно.

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3. Адвокаты могут задавать вам вопросы личного характера. Не обижайтесь, т.к. они просто хотят убедиться, что ничего не помешает вам быть объективным во время суда. 4. Я считаю, что мистер Смит не подходит для исполнения обязанностей присяжного. Надеюсь, что после VOIR DIRE его освободят от этих обязанностей. 5. Несмотря на то, что потенциальный присяжный даёт клятву и отвечает на вопросы судьи и адвокатов честно, ему могут дать отвод в любой момент. Это может быть мотивированный отвод или отвод без указания причины. 6. Вам придётся подождать, т.к., возможно, стороны придут к соглашению ещё до начала суда. B) 1. Put all kinds of questions to the following sentence. 2. Put it in the Past Tense. Witnesses will have to answer all the questions truthfully during the proceedings. Task 9. 1. Compare the process of the selection of the trial jury in the USA to that in your country. 2. Work in groups. Make a list of five false statements on what jurors should and shouldn't do. Argue your opponent's list. Task 10. Speak on the topic "The Jury. Selection of the Trial Jury". JUST FOR FUN *** A man accused of stealing a watch was acquitted on insufficient evidence. Outside the courtroom he approached his lawyer and said ,"What does that mean – acquitted?" "It means," said the lawyer, "that the court has found you innocent. You are free to go." "Does it mean I can keep the watch?" asked the client. *** First juror: "We shouldn't be here very long. One look at those two fellows convinces me that they are guilty." Second juror: "Not so loud, you fool! That's counsel for the prosecution and counsel for defence!"

Unit 9 KINDS OF CASES. Task 1. Read the text. There are two types of cases : civil and criminal . Civil cases are disputes between or among private citizens, corporations, governments, government agencies and other organizations. Often the party bringing the suit asks for money damages. For example, a tenant may sue a landlord for rejection to fix a leaky roof or a landlord may sue a tenant for rejection to pay rent. People who were injured may sue the person responsible for the injury. The party bringing the suit is called the PLAINTIFF. The party being sued is called the DEFENDANT. When the plaintiff starts the lawsuit he fills a paper called a COMPLAINT in which he gives the reasons for the lawsuit. The next paper is the ANSWER in which the defendant disputes what the plaintiff said in the complaint. The defendant may also fill a paper called COUNTERCLAIM if he thinks that the plaintiff has committed something wrong. In each case the judge tells the jury the degree to which the plaintiff must prove the case. This is called the plaintiff's BURDEN OF PROOF. In most civil cases the plaintiff's burden is to prove the case by a PREPONDERANCE OF EVIDENCE. It means that the version and the evidence of the plaintiff must be true. Jury verdicts do not need to be unanimous in civil cases. Only ten jurors need to agree upon a verdict if there are 12 jurors or 5 must agree if there are 6 jurors. 23

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Criminal cases . A criminal case is brought by the state, city or county against a person or persons that committed a crime. The state, city or county is called the PLAINTIFF. The accused person is called the DEFENDANT. The charge against the defendant is called an INFORMATION or a COMPLAINT. If the defendant pleaded not guilty we speak of PRESUMPTION OF INNOCENCE. In each criminal case the judge will tell you all the elements of the crime that the plaintiff must prove BEYOND REASONABLE DOUBT. In criminal cases the verdict must be unanimous – all the jurors must agree that the defendant is guilty. Task 2. Learn the following words and expressions. civil case – гражданское дело PREPONDERANCE OF EVIDENCE – перевес (превосходство) улик money damages – компенсация за убытки; unanimous – единодушный; единогласный возмещение ущерба to sue – преследовать по суду criminal case – уголовное дело the PLAINTIFF – истец to commit a crime – совершить преступление the DEFENDANT – ответчик; подсудимый, charge – обвинение обвиняемый a COMPLAINT – жалоба to plead (not) guilty – признать себя (не)виновным an ANSWER – письменное объяснение PRESUMPTION OF INNOCENCE – ответчика по делу презумпция невиновности COUNTERCLAIM – встречный иск BEYOND REASONABLE DOUBT – вне всяких сомнений BURDEN OF PROOF – бремя (обязанность) доказывания Task 3. Give the Russian equivalents for the following words. - the party - rejection to pay rent - to inquire (to be inquired) - to start the lawsuit - the injury - the degree - a tenant - to agree upon a verdict - a landlord (a landlady) - a county - to fix a leaky roof - the accused person Task 4. Find in the text the English equivalents for the following words and expressions. 1.частные лица 2. преследовать по суду 3. ответственный 4. причина 5. доказать дело 6. версия 7. улики, доказательства 8. суд присяжных 9. присяжный заседатель 10. судья. Task 5. Match each word on the left with the correct definition on the right. – the ANSWER – the PLAINTIFF – a COMPLAINT – the DEFENDANT – BURDEN OF PROOF

1. a person changed with a crime; 2. a law document in which the defendant disputes what the plaintiff said in the complaint; 3. the party who begins an action, complains or sues; 4. the degree to which the plaintiff must prove the case; 5. a formal written charge that a person committed a crime. 24

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Task 6. Complete the following sentences with the words and expressions from the box. – the COMPLAINT – injury – the DEFENDANT – injured – the PLAINTIFF – COUNTERCLAIM – unanimous – Information

1. People who were … may sue the person responsible for the … 2. The party bringing the suit is called … 3. The party being sued is called … 4. In … the PLAINTIFF gives the reasons for the lawsuit. 5. The DEFENDANT mat fill a paper called … if he thinks that the plaintiff has committed something wrong. 6. In criminal cases the charge against the defendant is called … or … 7. In criminal cases jury verdicts must be …

Task 7. Agree or disagree to the statements. 1. Often the party bringing the suit asks for excuses. 2. Those people who were injured have no right to sue. 3. When the plaintiff starts the lawsuit he meet the judge first. 4. In the answer the defendant agrees to what the plaintiff said in the complaint. 5. In civil cases jury verdicts do not need to be unanimous. 6. A criminal case is brought by a person or persons against some other person. 7. In criminal cases the verdicts must be unanimous. Task 8. Answer the questions. 1. What is a CIVIL CASE? 2. Who is the PLAINTIFF? 3. Who is the DEFENDANT? 4. What is a COMPLAINT? 5. What is an ANSWER? 6. What is COUNTERCLAIM? 7. What do you know about a BURDEN OF PROOF? 8. What is a PREPONDERANCE OF EVIDENCE? 9. When the case is called criminal? 10. How many jurors are necessary to agree upon the verdict in a criminal case? 11. Who is the PLAINTIFF in the criminal case? 12. When do we speak of PRESUMPTION OF INNOCENCE? 13. Must the verdicts be unanimous in criminal cases? Task 9. Translate from Russian into English. 1. Существуют два типа дел: гражданские и уголовные. 2. Часто сторона, начинающая дело, просит возмещение ущерба. 3. Например, арендатор может преследовать по суду домовладельца за отказ починить текущую крышу или домовладелец может подать в суд на арендатора за отказ платить арендную плату. 4. Это означает, что версия или улики истца должны быть правдивыми. 5. Если обвиняемый признаёт себя невиновным, мы говорим о презумпции невиновности. 6. В уголовный делах вердикты должны быть единогласными – все присяжные заседатели должны согласиться, что подсудимый виновен. Task 10. Find in the text sentences where Passive Voice is used. Task 11. Make topic "Kinds of Cases".

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Unit 10 What Happens During The Trial Task 1. Read the text. Events in a trial usually happen in a particular order, but sometimes the judge may change it. The usual order of events has 6 steps. Step 1. Selection of the Jury A jury consists of twelve ordinary people who are chosen from the Electoral Register (a list of people who can vote). Those people will listen to the evidence and pass a sentence. Step 2. Opening Statements. The lawyers for each side will give out their views on the case and present a general picture of the case. Everything the lawyers say is not evidence and it can't help prove the case. Step 3. Presentation of Evidence All parties present evidence. The testimony of witnesses at trial is evidence. Physical exhibit (a gun or a photograph) is also evidence, but if the judge does not admit it, it is not evidence. The written testimony of people who can not attend the trial may also be evidence. But many things you will see and hear during the trial are not evidence. For example, what the lawyers say in their opening and closing statements. During the trial the lawyers make OBJECTIONS to evidence of the other side or questions of the other lawyer. Lawyers may object to these things if they consider them improper under the laws of evidence. The judge decides if the objection was valid or invalid and if the evidence can be admitted or the question allowed. If the objection was valid, the judge will SUSTAIN THE OBJECTION. If the objection was invalid, the judge will OVERRULE THE OBJECTION. But the judge must not express his opinion of the case. Each juror decides the importance of evidence or testimony and the CREDIBILITY OF WITNESSES. The jury should take into account the witnesses' opportunity to observe the event, their memory, the reasons of the testimony, their prejudice. All these factors influence the credibility of witnesses. Step 4. Instructions After presentation of all evidence, the judge gives instructions to the jury on the laws. Each juror will have a copy of instructions. All documents and physical exhibits will be sent to the juryroom where the jury will conduct deliberations on the verdict. Step 5. Closing Arguments The lawyers in their closing arguments summarize the case from their point of view. They may discuss the evidence and the judge's instructions or they may comment on the credibility of witnesses. The arguments are not evidence. Step 6. Jury Deliberation The jury goes to the jury-room to conduct the deliberations on the verdict. First, the jury elects a foreman who will see to it that the discussion is sensible and that every juror has a chance to express his opinion. When the jury passes the sentence, the foreman signs it and informs the bailiff. Then the jury comes back to the courtroom where the foreman presents the verdict. Task 2. Learn the following words and expressions. evidence – свидетельство; улика; доказательство to give out views on the case – выражать своё мнение по данному делу testimony – показания свидетеля valid / invalid – обоснованный; необоснованный

to pass a sentence – выносить приговор to prove the case – доказать дело physical exhibit – вещественное доказательство to sustain the object – принимать возражения

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to overrule the objection – отклонять возражения credibility of witnesses – правдоподобие свидетелей a foreman – старшина присяжных

to express one's opinion of the case выражать мнение по данному делу to conduct deliberations on the verdict – совещаться по поводу вынесенного вердикта a bailiff – судебный исполнитель, пристав

Task 3. Translate into Russian: – in a particular order; – to pass a sentence; – to give out the view on the case; – to prove the case; –to consider improper;

– to sustain the OBJECTION; – to overrule the OBJECTION; – the CREDIBILITY OF WITNESSES; – to take into account; – to conduct the deliberations on the verdict;

Task 4. Find in the text the English equivalents – судебный процесс; – свидетельство; улика; доказательство; – показания свидетелей; – вещественное доказательство; – обоснованный; необоснованный;

of the following words: – влиять на; – предубеждение; – старшина присяжных; – судебный пристав; исполнитель;

Task 5. Agree or disagree to the statements: a) Events in a trial happen in disorder. b) The judge chooses the jury. c) If the judge does not admit physical exhibit, it's not evidence. d) The written testimony of people who can not attend the trial is not evidence. e) The judge always expresses his opinion of the case. f) The judge advises the jurors what sentence they should pass. Task 6. Answer the questions: 1. Who is the jury? 2. What happens in OPENING STATEMENTS? 3. What can be evidence? 4. What is not evidence? 5. What can you say about OBJECTIONS? 6. What factors may influence the CREDIBILITY OF WITNESSES? 7. What do you know about JURY DELIBERATIONS? 8. Who presents CLOSING ARGUMENTS? Task 7. Fill in the gaps using the appropriate words from the table. 1. Jury will listen to the ………. and pass a ……… . 2. The …….. of witnesses at trial is evidence. 3. A gun or a photograph is …………. . 4. Lawyer may ………… to evidence of the other side. 5. If the object was ……… , the judge will ……….. . 6. Before JURY DELIBERATION the jury elects a …….. . 7. When the jury passes the … , the … signs it and informs the … .

testimony; physical exhibit overrule the objections; foreman; valid / invalid sentence; bailiff; evidence; object; sustain the objection;

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Task 8. Translation. Use your active vocabulary. 1.Во время судебного процесса суд присяжных выслушает все свидетельские показания и вынесет приговор по делу. 2. Судья не должен выражать своё отношение к данному делу. 3. Адвокаты каждой стороны могут задавать вопросы свидетелям. 4. Вещественные доказательства часто помогают доказать дело. 5. Иногда предубеждение присяжных может влиять на приговор (вердикт). 6. Старшина присяжных следит за тем, чтобы обсуждение вердикта было разумным. 7. Когда суд присяжных выносит приговор, старшина присяжных подписывает его и информирует судебного пристава об этом. Task 9. Make a topic for your examination.

Unit 11 Crime Task 1. Read the texts, consulting the active vocabulary. Text 1 Crime in Great Britain About 90 per cent of all crimes are dealt with by Magistrates' courts. Sentences (that is, the punishments decided by the court) vary a lot but most people who are found guilty have to pay a fine. Magistrates' courts can impose fines of up to ₤2,000 or prison sentences of up to six months. If the punishment is to be more severe the case must go to a Crown Court. The most severe punishment is life imprisonment: there has been no death penalty in Britain since 1965. The level of recorded crime and the number of people sent to prison both increased during the 1970s and 1980s. By the end of that period the average prison population was more than 50,000 and new prisons had to be built as overcrowding had become a serious problem. By 1988 the cost of keeping someone in prison was over ₤250 per week, which was more than the national average wage. Text 2 Murder The abolition of capital punishment in England in November 1965 was welcomed by most people with humane and progressive ideas. To them it seemed a departure from feudalism, from the cruel pre-Christian spirit of revenge: an eye for an eye and a tooth for a tooth. Many of these people think differently now since the abolition of capital punishment crime – and especially murder – has been on increase throughout Britain. Though there have always been murders in all countries with or without the law of execution, now Britishers feel that killing the assassin is the lesser of two evils. Capital punishment may not be the ideal deterrent to murder, but it is better than nothing, especially when, as in England, a sentence of 'lifelong' imprisonment (a life sentence) only lasts eight or nine years. All this is very controversial. And all the arguments for and against can be refuted in practice. The problem remains – the problem of how to prevent murders. Some murders are committed by criminals evading arrest, by insane or mentally disturbed people, by cold-blooded sadists completely devoid of all human feelings. The important thing in the prevention of murder is to eliminate as far as possible the weapons and instruments, the guns and knives, with which these crimes are committed, and furthermore to stop the dangerous influence of violence in books, films, television and other mass media, from which so many criminals derive their 'inspiration'. Task 2. Learn the active vocabulary and use it in sentences of your own. 1. crime (n) – преступление; преступность to commit a crime – совершить преступление criminal (adj) – преступный, криминальный; уголовный criminal law – уголовное право criminal (n) – преступник 2. murder (n) – убийство; (v) – совершать убийство Cf: assassinate – (предательски) убивать 28

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murderer – убийца Cf: assassin – убийца (обычно наёмный) 3. punish (v) – наказывать punishment (n) – наказание capital punishment – смертельная казнь, высшая мера наказания 4.execution (n) – казнь 5. life (long) imprisonment – пожизненное заключение 6.abolition (n) – отмена, аннулирование 7. deterrent (n) – средство устрашения, сдерживания 8. to find smb. guilty – признать кого-л виновным Cf: to plead guilty – признать себя виновным 9. fine (n) – шраф, пеня; (v) – штрафовать to impose a fine – налагать штраф Task 3. Find in the texts the English equivalents for the following words and expressions: – дух мести – уровень преступности – противоречивый – средний заработок – жестокое наказание – исключать – опасное влияние – пожизненное заключение – смертная казнь – около 90% преступлений рассматриваются в магистратских судах – содержание кого-л в тюрьме – признать виновным Task 4. Make up your own situation with the words and expressions from task 2,3. Task 5. Answer the questions: 1. When was the abolition of capital punishment in England? 2. What were the reasons for taking such a decision? 3. What do most people in England think now? 4. What are the possible measures for preventing crime? 5. What courts deal with nearly all crimes? 6. What happens when a case presupposes a more severe punishment? 7. What is the main difficulty of keeping people in prison for their lifetime? 8. What are the most serious crimes. in your opinion? What preventing measures can you suggest? 9. What kind of crime is the most difficult to prevent? Why? Task 6. Work in groups. Make a list of arguments for and against the following statements: 1. Mild sentences are a sign of a civilized society. 2. Capital punishment is not a deterrent to murder. 3. Armed policemen could perform their duties better. 4. Scenes of violence in firms encourage crime. 5. Legalized selling of firearms stimulates murder. 6. Legalized selling of firearms ensures security. 7. The instinct to kill is basic to human nature. Task 7. Match the words from the box with definitions below: drug smuggling shop-lifting fraud hijacking kidnapping arson pickpocketing mugging theft a) they broke the window of his car and stolen the radio; b) they sold paintings that they knew weren't genuine masterpieces; 29

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c) d) e) f) g) h)

they illegally carried drugs into another country; they held a pistol at the pilot's head and he had to do what they said; they set fire at the hotel; they took some things off the shelves and left the supermarket without paying for them; they took away the rich man's son and asked him for a lot of money; they hit the man on the head as he was walking along the street, and stole all the money and credit cards; i) they took her purse out of her handbag as she was standing on the crowded platform waiting for the train. Task 8. Look at this list of "crimes". Try and rate each crime on a scale from 1 to 10 (1 is a minor misdemeanour, 10 is a very serious crime). They are in no order. – driving in excess of the speed limit; – common assault (e.g. a fight in a disco-club); – drinking and driving; – malicious wounding (e.g. stabbing someone in a fight); – murdering a policeman during a robbery; – murdering a child; – causing death by dangerous driving; – smoking marijuanna; – selling drugs (such as heroin); – stealing ₤1,000 from a bank, by fraud; – stealing ₤1,000 worth of goods from someone's home; – rape; – grievous bodily harm (almost killing someone); – shop-lifting; – stealing ₤1,000 from a bank, by threatening someone with a gun; – possession of a gun without a licence; – homicide; Task 9. Organise the words in the box into three groups: crimes, people and places. murder thief prison barrister robbery burglar cell criminal court rape shoplifting manslaughter judge prisoner jury police station Task 10. Respond to these statements or questions confirming the crime in each one. 1. A: He broke into the house, didn't he? B: Yes, he's been charged with …… . 2. A: He killed his wife? B: Yes, he's been charged …….. . 3. A: She stole clothes and jewellery from that department store, didn't she? B: Yes, and she's been ……. . 4. A: The man on the motorbike didn't mean to kill the boy. B: No, but he's been charged …….. . 5. A: He took the money from her bag? B: Yes, but they caught him and he's been …….. . Task 11. Crime prevention. What can government do to fight crime (= take action to stop crime)? These things happen in some countries, although many people may think they are not a good idea. Police carry (= have) guns. Police are allowed to (= are permitted to) stop anyone in the street and question them. The courts give tougher punishments for crimes committed than in the past (e.g. bigger fines or longer prison sentences than in the past). There is capital punishment (= death, e.g. by electric chair or hanging) for some crimes. What can individuals do to prevent a crime from happening (= stop a crime happening)?

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Here are things some people do to protect themselves and their property (= home and land), although you may not think they are all a good idea. Don't walk along dark streets late at night. (e.g. midnight) on your own (= alone). Lock all doors and windows when you go out. Don't wear expensive jewellery. Leave lights on at home when you go out. Fit (= install) a burglar alarm (= a machine which makes a noise if someone enters your home). Make sure your money is safe, e.g. wear a money belt. Carry a mace spray. (This is chemical and if you spray it in someone's face, it is very unpleasant. In some countries you are allowed to carry this type of spray.) Put money and valuables (= valuable possessions) in a safe (= a strong metal box, which is very difficult to open or break). Keep a gun in your house for self-defence (= to protect yourself if someone attacks you). Task 12. How safe and secure are you? Answer these questions, yes or no. 1. Do you often walk in areas which are not safe? yes = 1 no = 0 2. Do you often walk on your own in these areas late at night? yes =2 no = 0 3. Do you wear a money belt when you go out? yes = 0 no = 1 4.Do you wear an expensive watch or expensive jewellery? yes = 1 no = 0 5. Do you check doors and windows before you go out when your home is yes = 0 n=2 empty? 6. Do you have a burglar alarm? yes = 0 no = 1 7. Do you have lights on when you go out? yes = 0 no = 1 8. Is there someone who protects the building while you are out? yes = 0 no = 2 9. Do you have a safe in your home? yes = 0 no = 1 10. Can you defend yourself in case you are attacked? yes = 0 no = 2 Now add up your score: less than 5 = very, very safe; 5 –7 = quite safe; 8 – 10 = you could take a lot more care; more than 10 = you are a dangerous person to know! Task 13. Fill the gaps in these questions with a suitable word. 1. Do you think the police should … guns? 2. Do you think the police should be … to stop and question people without a special reason? 3. Do you agree with capital … for certain crimes such as murder? 4. Do you think it should be legal for people to carry a mace … ? 5. Do you think people should be allowed to use a gun or a knife in self- …? 6. Do you think tougher punishments will help to … crime? What is your opinion on these questions? Discuss them with another person if possible. Task 14. A. Translate in English: 1. 90 % всех преступлений рассматриваются в магистратских судах. 2. Смертная казнь в Великобритании была отменена в 1965г. 3. Пожизненное заключение в Англии, как правило, длится не более 8-9 лет. 4. Убийства совершаются как психически ненормальными людьми, так и хладнокровными садистами. 5. Торговля наркотиками, кражи людей, убийства, изнасилования и ограбления стали, к сожалению, широко распространёнными явлениями в нашей стране. 6. Люди, совершающие и мелкие проступки, и серьёзные правонарушения должны быть наказаны. Но наказание должно всегда соответствовать преступлению. 7. Подсудимого признали виновным в поджоге магазина. А несколько лет до этого его обвиняли в уличном ограблении, но он был оправдан. B.1. Put all kinds of questions to the sentence. 2.Put it in the Future Tense. 3. Transform it into the Passive Voice. The judge sentenced the accused to seven year's imprisonment for armed robbery. 31

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Unit 12 Punishment The Purpose of State Punishment Task 1. Complete the following text with the words or phrases from the box, using them in the appropriate form. wrongdoer; deterrent; law-abiding; misdeeds; reform; crime doesn't pay; barbaric; retribution; corporal punishment; humane; rehabilitate; death penalty. What is the purpose of punishment? One purpose is obviously to (a)_____ the offender, to correct the offender's moral attitudes and anti-social behaviour and to (b) _____ him or her, which means to assist the offender to return to normal life as a useful member of the community. Punishment can also be seen as a (c)_______ because it warns other people of what will happen if they are tempted to break the law and so prevents them from doing so. However, a third purpose of punishment lies, perhaps, in society's desire for (d) _______ , which basically means revenge. In other words, don't we feel that a (e) ______ , should suffer for his (f) ______ ? The form of punishment should also be considered. On the one hand, some believe that we should "make the punishment fit the crime". Those who steal from others should be deprived of their own property to ensure that criminals are left in no doubt that (g) _____ . For those who attack others (h) _____ 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 (i) _____ . On the other hand, it is said that such views are unreasonable, cruel and (j) _____ and that we should show a more (k) ______ attitude to punishment and try to understand why a person commits a crime and how society has failed to enable him to live a respectable, (l) ____ life. Task 2. Agree, disagree or complete the following statements. 1. The purpose of state punishment is to take revenge upon the wrongdoer. 2. Every punishment should fit the crime. 3. All murderers should receive the death penalty. 4. We should take into account the reasons of a crime and the circumstances upon which it was committed. 5. Capital punishment should be abolished. 6. Your country has a firmly established and an efficient system of punishment. Task 3. Read the texts consulting the active vocabulary and discuss each case applying the questions below. 1. Was justice done? 2. If you had been the judge, would you have been given a different sentence? 3. Would you have chosen a lighter sentence, or a more severe one? 4. How would you have left if you had been the victim of the crime? 5. How would you have left if you had been the defendant? 6. Of you had been the judge, what other facts and circumstances would you have wanted to know? Manslaughter In 1981 Marianne Bachmeir, from Lubeck, West Germany, was in court watching the trial of Klaus Grabowski, who had murdered her 7 year-old daughter. Grabowski had a history of attacking children. During the trial, Frau Bachmeir pulled a Beretta 22 pistol from her handbag and fired eight bullets, six of which hit Grabowski, killing him. The defence said she had bought the pistol with the intention of committing suicide, but when she saw Grabowski in court she drew the pistol and pulled the trigger. She was found not guilty of murder, but was given six years imprisonment for manslaughter. West German newspapers reflected the opinion of millions of Germans that she should have been freed, calling her ''the avenging mother''.

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Homicide Bernard Lewis, a thirty-six-old man, while preparing dinner became involved in an argument with his drunken wife. In a fit of a rage Lewis, using the kitchen knife with which he had been preparing the meal, stabbed and killed his wife. He immediately called for assistance, and readily confessed when the first patrolman appeared on the scene with the ambulance attendant. He pleaded guilty to manslaughter. The probation department's investigation indicated that Lewis was a rigid individual who never drank, worked regularly, and had no previous criminal record. His thirty-years-old deceased wife, and mother of three children, was a ''fine girl'' when sober but was frequently drunk and on a number of occasions when intoxicated had left their small children unattended. After due consideration of the background of the offence and especially of the plight of the three motherless youngsters, the judge placed Lewis on probation so that he could work, support, and take care of children. On probation Lewis adjusted well, worked regularly, appeared to be devoted to the children, and a few years later was discharged as ''improved'' from probation. Murder In 1952 two youths in Mitcham, London, decided to rob a dairy. They were Christopher Craig, aged 16, and Derek William Bentley, 19. During the robbery they were disturbed by Sydney Miles, a policeman. Craig produced a gun a killed the policeman. At that time Britain still had the death penalty for certain types of murder, including murder during a robbery. Because Craig was under 18, he was sentenced to life imprisonment. Bently who had never touched the gun, was over 18. He was hanged in 1953. The case was quoted by opponents of capital punishment, which was abolished in 1965. Assault In 1976 a drunk walked into a supermarket. When the manager asked him to leave, the drunk assaulted him, knocking out a tooth. A policeman who arrived and tried to stop the fight had his jaw broken. The drunk was fined ₤10. Shop-lifting In June 1980 Lady Isabel Barnett, a well-known TV personality was convicted of stealing a tin of tuna fish and a carton of cream, total value 87p, 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. Fraud This is an example of a civil case rather than a criminal one. A man had taken out an insurance policy of ₤100,000 on his life. The policy was due to expire at 3o'clock on a certain day. The man was in serious financial difficulties, and at 2.30 on the expire day he consulted his solicitor. He then went out and called a taxi. He asked the driver to make a note of the time, 2.50. He then shot himself. Suicide used not to cancel an insurance policy automatically. (It does nowadays.) The company refused to pay the man's wife, and the courts supported them.  Find in the texts the sentences with the Passive Voice. Task 4. Learn the active vocabulary and use it in the sentences of your own. Active Vocabulary 1. penalty (n) – наказание, взыскание 2. murder (n) – убийство (умышленное) Cf. punishment (n) manslaughter (n) – непредумышленное death penalty – смертная казнь убийство; homicide (n) – юр. убийство (часто syn. capital punishment на бытовой почве) 3. assault (n) – нападение; юр. словесное 4. shop-lifting (n) – ограбление магазина оскорбление и угроза физическим насилием 5. fraud (n) – обман; мошенничество; 6. law-abiding (adj) – законопослушный подделка 7. misdeed (n) – преступление; злодеяние 8. wrongdoer (n) – преступник, правонарушитель 33

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9. sentence (n) – приговор; life sentence – пожизненное заключение (срок); suspended sentence – условный приговор; to pass a sentence upon smb. – выносить приговор кому-л; to receive a sentence – получить срок; to serve one's sentence – отбывать срок наказания. Cf. verdict (n) – вердикт; решение присяжных

10. corporal punishment – телесное наказание 11. probation (n) – условное освобождение на поруки; (освоб. несовершеннолетнего) преступника 12. custody (n) – опека, попечение; заключение 13. community service – общественные работы

Task 5. A. Find the Russian equivalents for the following words and expressions: – to pull the trigger – in a fit of a rage – to call for assistance – the background of the offence – to place smb. on probation – the case was given enormous publicity – to expire – to cancel an insurance police B. Find the English equivalents for the following words and expressions: – нападение на детей – вынуть пистолет – ей дали шесть лет тюремного заключения – заколоть кого-л за непреднамеренное убийство – признаваться в чём-л – признать себя виновным – криминальное прошлое – через 5 лет его освободили – она была оштрафована – гражданское дело – страховой полис Task 6. Make up your own situation with the words and expressions from task 5, 6. Task 7. Read the text and examine the chart. Penalties in England In England there are no minimum sentences, except for murder, which carries a penalty of life imprisonment. There are maximum sentences for other crimes. Crimes are first heard by a magistrate who can either pass sentence, or refer the crime to a Crown Court with a judge and jury. Here are maximum sentences for some crimes. Sentences can be reduced for good behaviour, often by one-third or more. "Life sentences" are rarely more than 14 years, and it would be possible to release prisoners after 7 years. Crime Burglary Grievous bodily harm Possession of firearm Possession of cannabis Common assault "Going equipped for stealing" Murder

Magistrates' Court Fine Prison ₤1000 6 months ₤ 1000 6 months

Crown Court Fine Prison unlimited 14 years unlimited 5 years

₤ 1000

6 months

unlimited

5 years

₤ 500

3months

unlimited

5 years

₤ 200 ₤ 1000

2 months 6 months

– unlimited

– 3 years

–

–

life imprisonment

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Task 8. There are the general types of punishment in England. Give a Russian equivalent for each of them. Which of these punishments exist in your country? Discuss this in your group. Prison Suspended sentences: the offender does not go to prison unless he or she commits another offence; Probation: normal life at home, but under supervision; Youth custody in special centres for young adults; Short disciplinary training in a detention centre; Community service: decorating old people's houses, etc; Compensation: paying, or working for, one's victim; Fines: the punishment in 80 per cent of cases; Disqualification from driving; Fixed penalty fines: especially for parking offences. Task 9. Answer the questions: 1. What is the purpose of state punishment? 2. What is the main principle of imposing punishment on the criminal? 3. What should be taken into consideration while passing a sentence? 4. What about the death penalty? Should it be abolished, to your mind? 5. How long do life sentence usually last in England? And in your country? What does it depend upon? 6. What kinds of crime do you know? 7. What is the maximum sentence for burglary in England? 8. For what crime can a wrongdoer a) receive a suspended sentence, b) be placed on probation? 9. Does the punishment influence the level of crime? 10. Does the penalty system in your country function effectively? Task 10. Work in pairs and discuss the following. 1. Which punishment do you think is appropriate for each of the following crimes? a) a murder of a policeman; b) vandalizing a telephone box; c) drinking and driving, without causing an accident; d) robbing a supermarket with a gun; e) stealing goods from a shop ("shop-lifting"); f) parking a car illegally. 2. Match these actual sentences from British courts with the crimes in question 1. a) five to ten years in prison; b) a small fixed penalty fine; c) life imprisonment; d) a ₤400 fine; e) a ₤200 fine and disqualification from driving; f) 100 hours of community service. 3. Turn to the list of crimes (see "the survey of crimes" Task 10.) Try to find the proper penalties for those crimes. Discuss which of you is the harsher judge? Task 11. A) Translate into English 1. Целью государственного наказания является не только исправление правонарушителя. Необходимо показать другим людям что случится, если они нарушат закон. 2. Форма наказания должна быть тщательным образом продумана. 3. Мелкие правонарушители, воры, насильники и убийцы не должны быть наказаны одинаково.

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4. Словесное оскорбление в Англии наказуемо, так же как и мошенничество и др. преступления. 5. Для несовершеннолетних правонарушителей существуют специальные места заключения – для молодых. 6. За хранение огнестрельного оружия в Англии вы можете получить 100 фунтов стерлингов штрафа и 6 месяцев тюремного заключения. 7. После показаний всех свидетелей и совещания присяжных судья вынес вердикт "невиновен". Наконец, человек, обвинённый в преступлении, которого не совершал, был оправдан. 8. – Какой приговор вынес судья? – Преступнику дали условное наказание. – Что это значит? – Это значит, что его не посадят в тюрьму до тех пор, пока он не совершит ещё одно преступление. B) Put all kinds of questions to the sentence and put it into the Passive Voice: The counsel for the prosecution accused the defendant of burglary. Task 12. A) Work in pairs. Decide what the maximum and minimum punishment should be for four of the following crimes; decide under what circumstances you would apply a maximum punishment or a minimum punishment for the same crime. Now each pair presents one 'crime and punishment' to the rest of the class, giving examples to support the decision. burglary (from a house) robbery (from a bank) mugging (street attack in order to get money) vandalism (destruction of property) shop-lifting (stealing from a shop) sexual offences (eg rape) drug offences (eg drug dealing) motoring offences (eg speeding or dangerous driving) fraud (financial dishonesty) forgery (coping a painting or bank notes) B) Work in threes: two of you are on holiday in New Zealand and staying in a hostel. You go out for the day and come back to find your bedroom has been burgled; all you valuables are gone and your clothes are strewn all over the floor. Report the theft to the police, given details of how you found the room. The third person plays a local policeman or woman: prepare questions to ask the tourists and then find out what has happened. What can you do? Task 13. Read this short story, then write down your response to the questions below, based on your knowledge of the law in your own country. Two fifteen-year-old boys broke into a house in the middle of the day when the owner was out, and took money and jewellery worth about ₤900. The owner reported the crime to the police when she returned home at 6p.m. 1. Will the police investigate the crime? 2. How will they investigate? What will they do? 3. Do you think the police will catch the two boys? 4. If they do, what crime will they be charged with? 5. Can the boys be sent to prison? 6. What do you think the sentence would be? Do you think this is the correct sentence? Compare your answers with the answer key (based on the situation in the United Kingdom). 1. Yes. 2. Visit the people who were broken into and take fingerprints if possible. 3. Probably not. 4. Burglary. 5. Probably a suspended sentence (= the boys are free but if they commit another crime in the next year or two years, they will receive a much tougher punishment) unless the boys already have a record for burglary. In this case, they could be sent to a centre for young offenders.

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Task 14. Using the information of the units "Crime" and "Punishment", summarize the topic "Crime and Punishment". JUST for FUN A man was accused of stealing a pair of trousers. After a long examination he was acquitted, because the evidence against him was not sufficiently strong. He stayed, however, in the dock after his aquital had been pronounced. The lawyer who had defended him, observing that he didn't go away, informed him that he was free to go wherever he wanted. The man shook his head slightly, but remained. By this time the court was nearly empty. Again his lawyer told him that he could go. "I can't go till all the witnesses against me have left the court", said the man. "And why may that be?" asked the lawyer. "Because of the stolen trousers, sir. I've got them on." Swallowed watch "Not returned" A schoolgirl of 13, accused of stealing a wristwatch was said yesterday at Castle Eden juvenile court to have swallowed it accidentally when a teacher made inquiries. Hospital x-rays showed it inside her but later there was no sign of the watch and it had not been returned. The girl was put on one year's probation and was ordered to pay compensation. *** A beautiful blonde walked into a Chicago police station and gave the desk sergeant a detailed description of a man who had dragged her by the hair down three flights of stairs, threatened to choke her to death and finally beat her up. "With this description we'll have him arrested in no time," said the desk sergeant. "But I don't want him arrested," the young woman protested. "Just find him for me. He promised to marry me." *** A man sentenced to death was being taken to the execution place in very nasty weather. "What lousy weather", he remarked. "You are not the one to grumble", commented one of the escort. "We've got yet to go back".

Unit 13 A Policeman and the Criminal World Task 1. Answer the questions: 1. What do you think of the job of the policeman? 2. What makes it so difficult and dangerous? 3. hat is the principle duty of the policeman? 4. How would you formulate his motto? 5. How do policemen accomplish their duty in your country? Can you rely upon the police? Task 2.A) Read the text, consulting the active vocabulary given in task 3. The British police officer - sometimes called the "bobby" after Sir Robert Peel, the founder of the police force - is a well-known figure to anyone who has visited Britain or who has seen British films. Policemen are to be seen in towns and cities keeping law and order, either walking in the streets ("pounding the beat") or driving in cars (known as "panda cars" because of their distinctive markings). Few people realize, however, that the police in Britain are organized very differently from many other countries. Most countries, for example, have a national police force which is controlled by central Government. Britain has no national police force, although police policy is governed by the central Government's Home Office. Instead, there is a separate police force for each of 52 areas into which the country is divided. Each has a police authority - a committee of local county committee and magistrates. The forces co-operate with each other, but it is unusual for members of one force to operate in another's area unless they are asked to give assistance. This sometimes happens when there has 37

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been a very serious crime. A Chief Constable (the most senior police officer of a force) may sometimes ask for the assistance of London's police force, based at New Scotland Yard - known simply as "the Yard". In most countries the police carry guns. The British police generally do not carry firearms, except in Northern Ireland. Only a few police are regularly armed - for instance, those who guard politicians and diplomats or who patrol airports. In certain circumstances specially trained police officers can be armed, hut only with the signed permission of a magistrate. All members of the police must have gained a certain level of academic qualifications at school and undergone a period of intensive training. Like the army, there are a number of ranks: after the Chief Constable comes the Assistant Chief Constable, Chief Superintendent, Chief Inspector, Inspector, Sergeant and Constable. Women make up about 10 per cent of the police force. The police are helped by a number of Special Constables - members of the public who work for the police voluntarily for a few hours a week. Each police force has its own Criminal Investigation Department (CID). Members of CIDs are detectives, and they do not wear uniforms. (The other uniformed people you see in British towns are traffic wardens. Their job is to make sure that drivers obey the parking regulations. They have no other powers - it is the police who are responsible for controlling offences like speeding, careless driving and drunken driving.) The duties of the police are varied, ranging from assisting at accidents to safeguarding public order and dealing with lost property. One of their main functions is, of course, apprehending criminals and would-be criminals. B) Answer the questions: 1. Who was the founder of the British police? 2. Is there one police force, organized by central Government? 3. In what situations can the policemen carry arms? 4. What are the ranks of the policeman. 5. What are the duties of traffic wardens? 6. What is Scotland Yard and what does it do? Task 3. Learn the active vocabulary and use it in sentences of your own: 1. to keep law and order – сохранять закон и порядок 3. to be armed – быть вооружённым

5. patrol – 1(n) патрулирование, патруль 2v – патрулировать, охранять patrol car – дежурный полицейский автомобиль, имеющий радиосвязь с участком patrolman – амер. полицейский 7. warden (n) – смотритель, надзиратель (особый класс полицейских) traffic warden – полицейский регулирующий уличное движение 9. accident (n) – несчастный случай, авария 11. Chief Constable – начальник полицейский Chief Superintendent – старший полицейский офицер

2. firearm(s)(n) – огнестрельное оружие 4. guard – 1(n) – охрана, стража, часовой bodyguard (n) – телохранитель safeguard (n) – охрана, конвой 2v – охранять, защищать 6. rank (n) – 1) звание, чин; служебное положение. 2) ранг

8. to be responsible for smth – быть ответственным за что-л 10. apprehend (v) – зд. задерживать, арестовывать 12. Criminal Investigation Department – отдел уголовный расследований

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Task 4. Find the English equivalents for the following words and expressions: – комитет, состоящий из членов совета графства и судей полицейского суда; – сотрудничать; – предоставлять помощь; просить помощь; – носить огнестрельное оружие; – достичь определённого уровня теоретической подготовки; – пройти курс интенсивного обучения; – составлять; – работать добросовестно; – придерживаться правил парковки; – потерянное имущество (собственность); – превышение скорости (езда с недозволенной скоростью); – предполагаемый (потенциальный преступник); Task 5. Make up your own situation using the words and expressions from task 2,3. Task 6. Answer the questions: 1. Who was the founder of the British police? 2. Is there one police force, organized by central Government? 3. How is the police force organized in Great Britain? 4. In what situations can the policemen carry arms? 5. What are the ranks of the policeman? 6. What are the duties of traffic wardens? 7. What is Scotland Yard and what does it do? Task 7. Read the text and fill in the gaps with the appropriate words from the previous text. In Britain different areas have different (a) _______ . For instance, the Metropolitan police operate in London, but there are different police forces in the countries outside London. The top man in each police force is (b) _____ . He is appointed by the local Watch Committee which is a (c) _______ of the local government. The Watch Committee can dismiss him, too, if the central government agrees. The Chief Constable appoints all the (d) ________ below him in his force. Things are slightly different in London. The top man is known as the Metropolitan Police Commissioner and his appointment is arranged through the central government. British police are normally not (e) ______ . In special cases, when their work becomes dangerous, they can be given (f) ______ however. As is well known, the (g) _______ of the British policeman is blue, with a tall helmet. These days, you can see a different uniform in the streets. This is the uniform with the yellow hatband worn by (h) ______ . Their job is simply to control traffic and (i) ____ . The most famous name connected with the British police is (j) _______. It is the headquarters of the London police force. Besides dealing with local police matters, the London police also help all over England and Wales with difficult crimes. They do this at the request of the local police. Task 8. A) Put the story in the correct order. 1. they found both men guilty. 2. and charged them with the robbery. 3. ₤ 10,000 was stolen from a bank in the High Street. 4. After the jury had listened to all the evidence 5. They were sent to prison for seven years. 6. The trial took place two months later. 7. and they finally arrested two men. 8. They questioned them at the police station 9. The police questioned a number of people about the crime C) Fill the gaps with suitable words. 1. I have never … the law and … a crime. 39

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2. In Britain it is … the law to drive a car without insurance. 3. If you park illegally you will have to pay a … . 4. The police were fairly sure the man committed the crime, but they knew it would be difficult to … it in court. 5. The jury must decide if the accused is innocent or … . 6. In order to reach their decision, the jury must listen carefully to the … . 7. If the accused is … of murder, the … may be at least ten years in prison. 8. He has been in trouble with the police once before, but it was only a minor … . Task 9. A) Translate in English. 1. На улицах Лондона вы можете увидеть полицейских, которые не только поддерживают закон и порядок, но и готовы оказать помощь любому из вас. 2. Во многих странах существует общенациональная полиция, контролируемая правительством. 3. В Британии полиция организована иным образом. Страна разделена на 52 участка, на каждом из которых есть своя полиция. 4. Тем полицейским, которые охраняют политиков и дипломатов, а также наблюдают за порядком в аэропортах, разрешается носить огнестрельное оружие. 5. Начальник полиции – высший ранг среди полицейских. 6. Вы можете быть оштрафованы за превышение скорости, а также за вождение автомобиля в нетрезвом виде. 7. Дорожный патруль может вас оштрафовать, если вы не соблюдаете правил парковки 8. Целью работы полицейского является не только оказание помощи при различных авариях, конфликтных ситуациях, но и в аресте потенциальных правонарушителей. B) Put all kinds of questions to the sentence. Put it in the Past and Future Tenses. Police are searching for the man who is wanted for questioning about a string of burglaries in the Manchester area. Task 10. Work in threes: Two of you are on holiday in New Zealand (America, California / Great Britain) and staying in a hostel. You go out for the day and come back to find your bedroom has been burgled; all your valuables are gone and your clothes are strewn all over the floor. Report the theft to the police, giving details of how you found the room. The third person plays a local policeman or woman: prepare questions to ask the tourists and then find out what has happened. What can you do? Task 11. Are you sure you know all this? The criminal The criminal The police To commit a crime/to break the law. To conduct a police enquiry into … To be a thug/ hooligan. To recover stolen goods. To belong to the underworld. To use forensic evidence. To be a tough gangster. To take fingerprint. Arson/fraud/murder/manslaughter/robbery are To cross-question a suspect criminal offences. To tail (!)/follow someone. Shoplifting/hooliganism/speeding are petty crimes. To sell something on the black market. To buy something which has fallen off the back of a lorry (idiom). The victim The courts To be a law-abiding citizen. To take someone to court. To be plagued by a guilty conscience. To try somebody for a crime. To be mugged/beaten up (!). To prosecute somebody. To have your bag pinched (!). To be convicted of a crime. To have your house burgled. To appeal against a verdict. 40

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To sue for damages.

To serve a prison sentence of 10 months/10 years. To grant somebody a pardon. To give someone a second chance. The sentence serves as a deterrent. To be lenient (not tough). To aim to rehabilitate not punish. To make somebody do community service.

Task 12. Using the information of the unit, summarize the topic "Police". Just for Fun Murder is always a mistake … One should never do anything that one cannot talk about after dinner. Oscar Wilde, The Picture of Dorian Gray, 1891 *** Eric: It was the corpse. He had a gun in his hand and a knife in his back. Who d'you think poisoned him? Erine: Who? Eric: Nobody. He'd been strangled! E. Morecambe, E. Wise, The Morecambe and Wise Joke Book, 1979 *** Marriage is not a word. It is a sentence. Reading  Why do people find stories of violent crime fascinating, do you think?  Can you think of any places where notorious crimes have taken place?  Why do some people want to visit these places? The extract below is from a London guide to sites of violent crime. It includes a description of the crimes committed by John Haigh. From the title, can you guess exactly what his crimes were? Read the text and complete the tasks.

Unit 14 Impeachment Task 1. Read the text. What is impeachment? Here is an extract from the brochure "High Crimes and Misdemeanors" written by Robert Barr: Rep. Barr (R, Ga) serves on the House Judiciary and Government Reform Committees. He was the US attorney in the Northern District of Georgia under Presidents Regan and Bush. The American Constitution provides that the "President and all civil officers of the United States, shall be removed from office on impeachment for, and conviction of, treason, bribery or high crimes and misdemeanor". This, impeachment is the constitutional remedy – the only one, addressed to serious offenses against the system of government and the public trust. The impeachment procedure, outlined in the Constitution, has been given content over the two centuries since its adoption. But impeachment has been the subject of some controversy among legal scholars. One cause of the controversy is the political nature of impeachment. As constitutional scholar Michael Gerhardt has noted, "Impeachment is by nature, structure, and design an essentially political process." Our Founding Father adopted this view of impeachment from English law and made it their own. It charges only "political crimes" and imposes purely "political punishments". Thus, impeachment is not a criminal proceeding depending on proof of a criminal infraction. Impeachment was intended to be a "safety valve, a security against an oppressive or corrupt 41

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President and his sheltered ministers". Our Founding Father constructed a safeguard against the executive abuse. There are three major duties imposed on the President by the Constitution and his oath of office. His first duty is "to take care that the laws be faithfully executed". The other two duties – " to faithfully execute the office of President of the United States" and "to preserve, protect and defend the Constitution of the United States" – are included in the oath of office. The power of impeachment serves as a guarantee that these duties are performed. Task 2. Learn the following words and expressions. 1. impeachment – порицание; обвинение; 2. misdemeanor – преступление привлечение в суд. 3. Rep. = Republican – член республиканской 4. conviction – осуждение партии 5. treason – измена, предательство, 6. bribery – подкуп, взяточничество государственная измена 7. remedy – средство судебной защиты 8. trust – доверие, вера 9. to outline – излагать 10. content – чувство удовлетворения 11. content – чувство удовлетворения 12. controversy – спор, дискуссия, полемика 13. scholar – учёный 14. cause – причина, основание, мотив 15. to impose – полагать 16. infraction – нарушение 17. safety – безопасность 18. oppressive – угнетающий 19. corrupt – развращённый 20. shelter – прикрытие 21. safeguard – гарантия, охрана 22. executive – исполнительный 23. abuse – злоупотребление Task 3. Give the Russian equivalents to the words below: High crimes and Misdemeanors; shall be removed from office on impeachment for; bribery; addressed to serious offenses; the public trust; has been given content; legal scholars; our Founding Fathers; political punishment; sheltered ministers; executive abuse; in the oath of office. Task 4. Find in the text the English equivalents for the following words: преступление; измена; полемика; коррумпированный президент; уголовное нарушение; обязанность; защищать Конституцию; служит гарантией; изложенная в Конституции; чисто политический процесс. Task 5. Match the English and Russian equivalents: Founding Fathers коррумпированный президент high crimes прикрываемые им министры civil officers гражданские служащие the public trust преступления в высших эшелонах власти criminal proceedings основатели государства constitutional duties доверие общественности a corrupt President уголовное расследование his sheltered ministers обязанности, указанные в конституции Task 6. Complete the sentences with the following words: office; controversy; to impose; proceeding; infraction; remedy. 1. Impeachment is not a criminal … depending on proof of a criminal. 2. Impeachment has been the subject of some … . 3. Impeachment is the constitutional … . 4. The President and all civil officers of the US shall be removed from … on impeachment for treason. 5. There are three major duties … on the President by the Constitution. 42

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Task 7. Insert the correct prepositions: 1. to remove … office on impeachment … treason 2. to adopt this view of impeachment … English law 3. to be defendant … proof of a criminal infraction 4. offenses … the system of government 5. to be included in the oath … office Task 8. Translate these sentences into Russian: 1. The impeachment procedure has been given content over the two centuries. 2. It has been the subject of some controversy. 3. They constructed a safeguard against the executive abuse. 4. Impeachment was intended to be a safety valve. 5. It is a device to preserve constitutional government. Task 9. Agree or disagree and prove your viewpoint. 1. The idea of impeachment can easily be expressed in one sentence. 2. The last paragraph of the text is the most important one. 3. When Robert Barr wrote "our Founding Fathers" he meant "the American Constitution". Task 10. Say some sentences describing the idea of impeachment on the basis of the text. SUPPLEMENTARY TEXTS Read the text Criminal Injuries Compensation Criminal Injuries Compensation Scheme provides compensation to victims of violent crimes (including violence within the family), to people hurt while trying to arrest offenders and prevent offences and to those bereaved as a result of violence. Compensation is assessed on the basis of common law damages and usually takes the form of a lump-sum payment. In 1986-87 just fewer than 29,600 cases were resolved by the Criminal Injuries Compensation Board and over £48 million was paid in compensation. Under the Criminal Justice Act 1988 the courts' powers to make compensation orders are to be extended and the Criminal Injuries Compensation Scheme will be established on a statutory basis: this means that victims of violent crime will be entitled – for the first time – to compensation as of right. In Northern Ireland there is separate, statutory provision in certain circumstances for compensation from public funds for criminal injuries, and for malicious damage to property including the resulting losses of profits. There has been a rapid growth in the number of locally run victim support schemes, which offer practical help to the victims of crime on a voluntary basis. The Government provides financial assistance, both to local schemes and to a national association. Commentary and Notes to the text. 1. The Criminal Injuries Compensation Scheme – организация "Схема компенсации за нанесённый преступлениями ущерб". 2. and to those bereaved as a result of violence – … и пострадавшим в результате насилия. 3. common law damages – нарушения общего права 4. a lump-sum payment – единовременная выплата 5. statutory provision – установленное законом обеспечение Cliches, set expressions and phrases. Let me tell you about … – Разрешите рассказать вам о (схеме компенсации) … I would like to know – Я бы хотел знать … Will you kindly inform us about… – Будьте любезны сообщить о (размере компенсации) … Could you say a few words about … – Не могли бы вы сказать несколько слов о (форме компенсации) 43

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Could you inform us about …– Не могли бы вы нас проинформировать (об Акте уголовного правосудия 1988) … I would add that … Я бы добавил, что … I'm well aware about … – Я хорошо знаю о (решении этого вопроса в Северной Ирландии) I'd like to sum up .. – Я бы хотел подвести итог (сделать резюме) (нашей беседы) … Read the text Measures to Combat Terrorism (Part I) Legislation to protect the public against terrorism has given the authorities certain exceptional powers for dealing with and preventing terrorism activities, while taking account of the need to achieve a proper balance between the safety of the public and the rights of the individual. While acknowledging that the special powers make inroads into civil liberties, the Government believes that they should continue in force as long as a substantial terrorist threat remains. Nobody can be imprisoned for political beliefs; all prisoners, except those awaiting trial, have been found guilty in court of criminal offences. The Northern Ireland (Emergency Provisions) Acts 1978 and 1987 give the security forces in Northern Ireland special powers to search, question and arrest suspected terrorists; allow the Secretary of State to proscribe terrorist organisations; and provide the certain serious offences to be tried by a judge sitting alone without a jury to obviate the dangers of intimidation of jurors. The 1987 Act makes provision for statutory time limits to be imposed on the time an accused person may be held in custody awaiting trial although these powers so far have not been invoked. The maximum period for which the police can hold a suspected terrorist on their own authority has been reduced from 72 to 48 hours. Statements obtained by the use or threat of violence are inadmissible in court. The Prevention of Terrorism (Temporary Provisions) Act 1984 (first introduced in 1974), which is applicable throughout the United Kingdom, provides for the exclusion from Great Britain, Northern Ireland or the United Kingdom of people connected with terrorism related to Northern Ireland affairs and for the proscription of terrorist organisations in Great Britain. It also gives the police powers to arrest people suspected of being involved in terrorism (whether international or relating to Northern Ireland) without warrant and hold them for 48 hours and, with the approval of the Secretary of State, for up to a further five days. Both Acts are reviewed annually by an independent person reporting to the Government. The Emergency Provisions Acts are renewable each year by Parliament. The Prevention of terrorism (Temporary Provisions) Act expired in 1989 and the Government is proposing that its replacement should have no limit on its time-span but should continue to be reviewed annually by Parliament. Commentary and Notes to the text. 1. While acknowledging that the special powers make inroads into civil liberties … – сознавая, что особые силы ущемляют гражданские свободы 2. … provide for certain serious offences to be tried by a judge sitting alone without a jury to obviate the dangers of intimidation of jurors – … обеспечивают при явно серьёзных преступлениях судопроизводство с участием одного судьи без присяжных во избежание опасности запугивания присяжных заседателей 3. The Emergency Provisions Acts – акты чрезвычайных положений Read the additional text "Measures to Combat Terrorism" (part II). Measures to Combat Terrorism (Part II) The security forces in Northern Ireland are subject to the law and can be prosecuted for criminal offences. An independent commission deals with complaints made against police officers. The Criminal Jurisdiction Act 1975 makes it possible to try in Northern Ireland a person accused of certain offences committed in the Irish Republic. It also enables evidence to be obtained in Northern Ireland for the trial of offences in the Irish Republic. Reciprocal legislation is in force in the Irish Republic. One of the aims of the Anglo-Irish Agreement signed in November 1985 is to improve security co-operation in combating terrorism. The accession of the Irish Government to the 44

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European Convention on the Suppression of Terrorism in 1986 is expected to increase the prospects of securing extradition from the Republic of people accused or convicted of terrorist crimes in Britain. Britain attaches importance to international action to combat terrorism and plays an active part in the work of a group of European Community ministers (known as 'Trevi') which facilitates the confidential exchange of information and intelligence about terrorism affecting member countries. Britain believes that there should be no concessions to terrorist demands and that international co-operation should take place on tracking down and arresting terrorists and on impeding the movement of international terrorists from one country to another. Vocabulary notes to the text 1. complaint – жалоба 2. trial of offences – судебное разбирательство преступлений, правонарушений 3. reciprocal legislation – взаимное, двустороннее законодательство 4. accession – присоединение 5. to secure extradition – обеспечить выдачу преступника другому государству, экстрадиция 6. Trevi – European Community ministers 7. to facilitate – способствовать, облегчать 8. concession to smth. – уступка чему-л. 9. to track down – выслеживать 10. to impede – препятствовать Read the texts "Common Services", "Powers of Arrest", "Detention, Treatment and Questioning". Common Services There are a number of common services provided by central government and by arrangements between forces. In England and Wales the most important of these cover the forensic science, telecommunications and central and provincial records available to all forces. In Scotland the main common services cover centralised police training, the Scottish Crime Squad and the Scottish Criminal Record Office. Certain special services such as liaison with the International Criminal Organisation (Interpol) are provided for other British forces by the Metropolitan Police. The National Drugs Intelligence Unit assists police forces and the Customs service throughout Britain. The services of the Fraud Squad, run jointly by the Metropolitan Police and the City of London Police to investigate company frauds, are available in England and Wales. In all areas of the police work the use of scientific aids is widespread. A national police computer helps to rationalise records and speed up the dissemination of information. Powers of Arrest In England and Wales arrests may be made with or without a warrant issued by the magistrate. The police may arrest a person without a warrant under the arrest scheme established by the Police and Criminal Evidence Act 1984, which provides a general conditional power to arrest a person reasonably suspected of any offence. However, a person can only be arrested under the scheme if it is necessary in order to ensure that he (or she) can be brought before a court (for example, because of failure to give a satisfactory address for service of a summons or in order to prevent injury to person or property). Furthermore, the Act categorises certain offences as 'arrestable' or 'serious arrestable' and provides a full power of arrest without a warrant in respect of them for the protection of the public. Detention, Treatment and Questioning A code of practice on detention, treatment and questioning is one of four codes, which the Home Secretary has issued under the 1984 Act. Failure to company with the provisions of these codes can render a police officer liable to disciplinary proceedings. An arrested person has a statutory right to consult a solicitor and to ask the police to notify a named person likely to take an interest in his or her welfare about the arrest. Where a person has been arrested in connection with a serious arrestable offence, but has not yet been charged, the police may delay for up to 36 hours the exercise of these rights in the interests of the investigation if 45

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certain criteria are met. The police must caution a person whom there are grounds to suspect of an offence before any questions are put for the purpose of obtaining evidence. Questions relating to an offence may normally not be put to a person after he or she has been charged with that offence or informed that he or she may be prosecuted for it. The detention scheme in the Police and Criminal Evidence Act provides for a person to be detained only if, and for as long as, necessary for a purpose specified by law up to a maximum of 96 hours before charge. A person can only be detained beyond 36 hours if a warrant is obtained from a magistrates' court. Reviews must be made of a person's detention (whether before or after charge) at regular intervals – six hours after initial detention and thereafter every nine hours as a maximum – to check whether the criteria for detention are still satisfied. If they are not, the person must be released immediately. Reading for General Understanding Check the comprehension of the texts "Common Services", "Power of Arrest", " Detention, Treatment and Questioning" by listening to each question and choosing the answer, which you think, is correct. 1. In Scotland the main common services cover centralised police training. a) yes, it is true; b) centralised police training in Scotland is exercised through business trips, to centralised police services of England. c) In Scotland centralised police training is not exercised at all. 2. Is the use of scientific aids widespread in all areas of police work? a) it is maintained only to investigate the most complicated cases; b) yes, it is true; c) the use of scientific aids is exercised according to the Head of the Police Service. 3. In England and Wales arrests may be made with or without a warrant. a) not in any case; any arrest may be made with a special warrant; b) arrests may be made according to the local Head of the Police Service; c) arrests may be made with or without a warrant issued by a magistrate. 4. The police may arrest a person without a warrant for the protection of the public. a) it has never been exercised in England and Wales; b) it may be made under the arrest scheme established by the Police and Criminal Evidence Act 1984; c) a person can be arrested if even everything is known about him but the police are not sure if he can be brought before a court. 5. The Home Secretary has issued a code of practice on detention, treatment and questioning under the 1984 Act. a) it was issued, but in 1979; b) the code was issued by Parliament; c) this important code was issued by the Home Secretary in 1984 under the 1984 Act and it is strictly observed by the Police Service. 6. An arrested person has a statutory right to consult a solicitor. a) to consult a solicitor is possible only after he or she has been charged; b) yes, it is true; c) one has a right to consult a solicitor only under the permission of the Head of the Police Service. 7. The police must caution a person whom there are grounds to suspect of an offence. a) it is done by the police but in very rare cases; b) yes, it is common practice; c) the police may caution a person only at the solicitor's request. 8. Questions relating to an offence may normally not be put to a person after he or she has been charged with that offence or informed that he or she may be prosecuted for it. a) such questions may normally be put to a person no matter whether he or she may be prosecuted for it or not; 46

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b) these questions may be put only in case if he is to be brought before a court; c) only after he or she has been charged such questions may not be put to a person. 9. The detention scheme in the Police and Criminal Evidence Act provides for a person to be detained only up to a maximum of 96 hours. a) yes, it is true, by law before charge; b) no, a person can be detained only 48 hours; c) the detention scheme provides for a person to be detained from 120 up to 150 hours depending on the seriousness of arrest. 10. A person can only be detained beyond 36 hours if a warrant is obtained from a magistrates' court. a) detention is foreseen by a warrant obtained from a magistrates' court; b) detention may be as long as 72 hours in this case; c) detention may be increased up to 7 days. Pick out from the texts "Common Services", "Power of Arrest", " Detention, Treatment and Questioning" all the words combinations with the following words (terms) and give their Russian equivalents. – police – to provide for – arrest; to arrest – warrant – evidence – offence – protection – detention – questioning – code – investigation – charge Find in the texts "Common Services", "Power of Arrest", " Detention, Treatment and Questioning" the English equivalents for the following phrases. – централизованная подготовка полицейских; – связь с Международной уголовной полицейской организацией (Интерпол); – рационализировать ведение записей и – полиция может арестовать человека без ускорить обработку информации; ордера на арест согласно специальной схеме; – Акт о доказательствах 1984; – подозреваемый в каком-либо преступлении (правонарушении); – предстать перед судом; – предотвращение нанесения ущерба чьейлибо собственности; – усиленный режим задержания; – обеспечение охраны общественного порядка; – кодекс практического задержания и режима – дисциплинарное взыскание содержания под стражей и допроса; – явка желаемого лица для защиты личности – в интересах расследования, если такое арестованного; необходимо; – предостеречь человека; – основания подозревать в данном преступлении; – предъявить обвинение в совершении – схема содержания под стражей в Акте о преступления; полицейских и уголовных доказательствах.

Explain the meaning of the following words and expressions: – the forensic science; – criminal records; – Interpol; – the Customs Service; – the Fraud Squad; – a warrant; – to be brought before a court; – "serious arrestable"; – a code of practice on detention; – liable to disciplinary proceedings; 47

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– to be charged with; – treatment;

– the detention scheme;

Read the text. Police Service in Scotland In Scotland the police may detain and question a suspected person for a period of up to six hours. Thereafter the person must either be released or charged. An arrest must be accompanied by a criminal charge. Once a person has been charged only voluntary statements will normally be allowed in evidence at the trial. The court will reject statements unless satisfied that they have been fairly obtained. Anyone arrested must be brought before a court with the least possible delay (generally not later than the first day after being taken into custody), or – in less serious cases – liberated by the police, often on a written undertaking to attend court on a specified date. Where a prosecution on indictment is intended (that is, where an accusation of a more serious offence is to be made), the accused is brought before the sheriff to be committed, either for further examination or until liberated in due course of law. A judicial examination may take place. Eight days may elapse between commitment for further examination and commitment until liberated in due course of law. The latter – which is also described as 'full committal' – is commitment for trial. No evidence needs to be presented to the sheriff for such commitment. Anyone accused of a crime, except murder or treason, is entitled to apply for release on bail. Even in cases of murder or treason, bail may be granted at the discretion of the Lord Advocate or a quorum of the High Court. Money bail has been virtually abolished and the courts, or the Lord Advocate, may release an accused person on conditions. Breach of any of the conditions without reasonable excuse is a separate offence. There is a right of appeal to the High Court by the accused person against the refusal of bail, or by the prosecutor against the granting of bail, or by either party against the conditions imposed. The writ of habeas corpus does not apply in Scotland but if a person is to be prosecuted on indictment and has been kept in custody pending trial, the trial must begin within 110 days of the date of full committal. The trial of a person charged with a summary offence and held in custody must begin within 40 days of the date of first appearance in court. Vocabulary Notes to the text. 1. to detain and question – задержать и допросить 3. to reject statements – отклонять показания 5. written undertaking to attend court – письменное обязательство явиться в суд 7. to be committed – быть вверенным попечению 9. (in) due course of law – надлежащая правовая прцедура 11. 'full committal' – полное рассмотрение 13. accused of a crime – обвиняемый в совершении преступления 15. bail may be granted at the discretion of … – залог может быть разрешён по усмотрению 17. a right of appeal – право апелляции 19. to be charged with a summary offence – быть обвинённым без суда присяжных

2. voluntary statements – сознательные показания 4. the least possible delay – наименьшая возможная задержка 6. indictment – обвинительный акт 8. further examination – дальнейшее рассмотрение дела 10. a judicial examination – судебное следствие 12. commitment for trial – предание дела суду 14. treason – измена 16. breach of any of the conditions – нарушение любого из условий 18. prosecutor – обвинитель

Read the additional text "Appeals" for 6 minutes and think over its contents. Give the annotation of it in Russian. 48

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Appeals A person convicted by a magistrates' court may appeal to the Crown Court against the sentence imposed if he has pleaded guilty; or against the conviction or sentence imposed if he has not pleaded guilty. Where the appeal is on a point or procedure of law, either the prosecutor or the defendant may appeal from the magistrates' court to the High Court. Appeals from the Crown Court, either against conviction or against sentence, are made to the Court of Appeal (Criminal Division). The House of Lords is the final appeal court for all cases, from either the High Court or the Court of Appeal. Before a case can go to the Lords, the court hearing the previous appeal must certify that it involves a point of law of general public importance and either that court or the Lords must grant leave for the appeal to be heard. The nine Lords of Appeal in Ordinary are the judges who deal with Lords appeals. The Attorney-General may seek the opinion of the Court of Appeal on a point of law which has arisen in a case where a person tried on indictment is acquitted; the court has power to refer the point to the House of Lords if necessary. The acquittal in the original case is not affected, nor is the identity of the acquitted person revealed without his or her consent. Under a provision in the Criminal Justice Act 1988, which has not yet been implemented, the Attorney General would be empowered, where he considered that a sentence passed by the Crown Court was over-lenient, to refer the case to the Court of Appeal, which would be able, if it thought fit, to increase the sentence within the statutory maximum laid down by Parliament for the offence. Trial Criminal trial in the United Kingdom take the form of a contest between the prosecution and the defence. Since the law presumes the innocence of an accused person until guilt gas been proved, the prosecution is not granted any advantage, apparent or real, over the defence. A defendant (in Scotland, called an accused) has the right to employ a legal adviser and may be granted legal aid from public funds. If remanded in custody, the person may be visited by a legal adviser to ensure a properly prepared defence. In England, Wales and Northern Ireland during the preparation f the case, the prosecution usually tells the defence of relevant documents which it is not proposed to put in evidence and discloses them if asked to do so. The prosecution should also inform the defence of witnesses whose evidence may help the accused and whom the prosecution does not propose to call. The defence or prosecution may suggest that the defendant's mental state renders him or her unfit to be tried. If the jury (or in Scotland, the judge) decides that this is so, the defendant is admitted to a specified hospital. Criminal trials are normally in open court and rules of evidence (concerned with the proof of facts) are rigorously applied. If evidence is improperly admitted, a conviction can be quashed on appeal. During the trials the defendant has the right to hear or cross-examine witnesses for the prosecution, normally through a lawyer; to call his or her own witnesses who, if they will not attend voluntarily, may be legally compelled to attend; and to address the court in person or through a lawyer, the defence having the right to the last speech at the trial. The defendant cannot be questioned without consenting to be sworn as a witness in his or her own defence. When he or she does testify, cross-examination about character or other conduct may be made only in exception circumstances; generally the prosecution may not introduce such evidence. In England, Wales and Northern Ireland the Criminal Justice Act 1987 provides that in complex fraud cases there should be a preparatory open Crown Court hearing at which the judge will be able to hear and settle points of law and to define the issues to be put to the jury. The Jury In jury trials the judge decides questions of law, sums up the evidence for the jury and instructs it on the relevant law, and discharges the accused or passes sentence. Only the jury decides whether the defendant is guilty or not guilty. In England and Wales, if the jury cannot reach a unanimous verdict, the judge may direct it to bring in a majority verdict provided that, in the normal jury of 12 people, there are not more than two dissenters. In Scotland, where the jury consists of 15 people, the verdict may be reached by a simple majority, but as a general rule, no person may be convicted 49

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without corroborated evidence. If the jury returns a verdict of 'not guilty' (or in Scotland 'not proven', which is an alternative verdict of acquittal), the prosecution has no right of appeal and the defendant cannot be tried again for the same offence. In the event of a 'guilty' verdict, the defendant has a right of appeal to the appropriate court. A jury is completely independent of the judiciary. Any attempt to interfere with a jury once it is sworn in is punishable under the Contempt of Court Act 1981. Although the right of the defence to challenge up to three potential members of a jury without giving any reason is to be abolished in England and Wales, it will remain open to both parties to challenge potential jurors by giving reasons where they believe that an individual juror is likely to be biased. People between the ages of 18 and 65 whose names appear on the electoral register, with certain exceptions, are liable for jury service and their names are chosen at random. ( Proposals to increase the upper age limit from 64 to 70 in England and Wales are contained in the Criminal Justice Act 1988). Ineligible person include the judiciary, priests, people who have within the previous ten years been members of the legal profession, the Lord Chancellor's Department, or the police, prison and probation service, and certain sufferers from mental illness. Person disqualified from jury service include those who have, within the previous ten years, served any part of a sentence of imprisonment, youth custody or detention, or been subject to a community service order, or, within the previous five years, been placed on probation. Anyone who has been sentenced to five or more years' imprisonment is disqualified for life. Check the comprehension of the texts "Trial" and "The Jury" by listening to each question and choosing the answer, which you think, is correct. 1. In the United Kingdom criminal trials take the form of a contest between the prosecution and the defence. a) it is not always like that as there are cases when the judge by himself tries the case; b) in a number of cases the Government interferes with a criminal case; c) yes, it is true; the prosecution is not granted any advantage, apparent or real, over the defence. 2. A defendant has the right to employ a legal adviser and may be granted legal aid from the public funds. a) no, it is not quite so. A defendant has only the right to employ a legal adviser; b) every defendant is granted legal aid only from public funds; c) yes, it is true. 3. The defence should be informed by the prosecution of witnesses. a) the prosecution never informs the defence of supposed witnesses; b) yes, it is true. The prosecution should inform the defence of witnesses; c) the prosecution informs the defence only under the pressure of mass media. 4. Criminal trials are normally held in open court. a) criminal trials are normally held in open court; b) yes, it is true as evidence may help the accused, the defence having the right to the last speech at the trial; c) criminal trials are normally in both open court and closed court. 5. The defendant cannot be questioned without consenting. a) the jury can question the defendant without his consent; b) without consenting the defendant cannot be sworn as a witness of his or her own defence; generally the prosecution may not introduce such evidence; c) the defendant can be questioned without consenting under the public opinion.

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6. In jury trials the judge discharges the accused or passes sentence. a) in jury trials the judge decides only questions of law; b) yes, it is true; besides the judge instructs the jury on the relevant law; c) in jury trials the jury pass (passes) sentence. 7. In jury trials only the jury decides whether the defendant is guilty or not guilty. a) yes, it is true, then the judge passes sentence; b) the jury really decides this question, but the judge participates in this work; c) the jury does not decide this question. 8. In England and Wales the normal jury is of 12 people. a) no, there may be 6 people in the jury; b) in some cases, their number comes up to 18 people; c) according to law in the normal jury there are 12 people. 9. In Scotland, where the jury consists of 15 people, the verdict may be reached by a simple majority. a) it is so, but the number of the jury is 19 people; b) yes, it is true, in addition, the verdict may be reached without corroborated evidence. c) yes, it is true, but as a general rule, no person may be convicted without corroborated evidence. 10. In the event of a 'guilty' verdict, the defendant has a right of appeal to the appropriate court. a) the defendant has no right of appeal; b) yes, it is true; the defendant has this right; c) the defendant can appeal to the Superior Court. 11. A jury completely independent of the judiciary. a) a jury to some extent depends on local authorities; b) a jury is affected by the Governmental officers; c) yes, it is true and any attempt to interfere with a jury is punishable under the Contempt of Court Act 1981. 12. Not everybody is liable for jury service. a) but yes, every person may be liable for jury service; b) there are certain limits for those who have within the previous ten years served any part of a sentence of imprisonment; c) yes, it is true, there are very high requirements to those who are liable for jury service, there are special rulings: ineligible person include the judiciary, priests and many others. Pick out form the texts "Trial" and "The Jury" all the word combinations with the following words (terms) and give their Russian equivalents. trial; defence; accuse; accused; witness; defendant; evidence; jury; guilty; verdict; to convict; custody; innocence. Read the text "Courts in Scotland" and make comments on it. Courts in Scotland In Scotland the High Court of Justiciary tries such crimes as murder, treason and rape; the sheriff court is concerned with less serious offences and the district court with minor offences. Criminal cases are heard either under solemn procedure, when proceedings are taken on indictment and the judge sits with a jury of 15 members, or under summary procedure, when the judge sits without a jury. All cases in the High Court and the more serious ones in sheriff courts are tried by a judge and 51

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jury. Summary procedure is used in the less serious cases in the sheriff courts, and in all cases in the district courts. District courts are the administrative responsibility of the district and the islands local government authorities; the judges are lay justices of the peace and the local authorities may appoint up to one quarter of their elected members to be ex officio justices. In Glasgow there are four stipendiary magistrates who are full-time salaried lawyers and have equivalent criminal jurisdiction to a sheriff sitting under summary procedure. Children under 16 who have committed an offence or are for other reasons specified in statute considered to need compulsory care may be brought before a children's hearing comprising three members of the local community. Vocabulary Notes to the text 1. treason – государственная измена 2. solemn procedure – официальная процедура (удовлетворяющая всем формальным требованиям) 3. indictment – обвинительный акт 4. lay justices of the peace – мировые судьи 5. ex officio – лат. по должности, в силу занимаемой должности Read the text "Courts in Northern Ireland" and discuss it in the form of a dialogue, using cliches, set expressions and phrases, given below. Courts in Northern Ireland The structure of Northern Ireland courts is broadly similar to that in England and Wales. The day-to-day work of dealing summarily with minor cases is carried out by magistrates' courts presided over by a fulltime, legally qualified resident magistrate. Young offenders under 17 and young people under 17 who need care, protection and control are dealt with by juvenile courts consisting of the resident magistrate and two lay members (at least one of whom must be a woman) specially qualified to deal with juveniles. Appeals from magistrates' courts are heard by the country court. The Crown Court deals with criminal trials on indictment. It is served by High Court and country court judges. Proceedings are heard before a single judge, and all contested cases, other than those involving offences specified under emergency legislation, take place before a jury. Appeals from the Crown Court against conviction or sentence are heard by the Northern Ireland Court of Appeal. Procedures for a further appeal to the House of Lords are similar to those in England and Wales. Commentary and Notes to the text. 1. to deal summarily – рассматривать упрощённо 2. resident magistrate – мировой судья из местных жителей 3. lay members – члены суда, не являющиеся юристами 4. contested cases – спорные дела 5. emergency legislation – чрезвычайное законодательство Cliches, set expressions and phrases. We are wondering if … – Нас очень интересует … That's quite right, as the structure … – Совершенно правильно, так как структура … Everything is clear here (the point is clear), but, you see, there are some peculiarities (in juvenile legal procedure) … – Тут всё ясно, но, видите ли, есть особенности (в судопроизводстве несовершеннолетних) … As far as I can remember … – Насколько я помню … I'd consider that useful to remind that … – Я бы считал полезным напомнить, что … Let me see for a moment – Дайте подумать минуточку. I'm not sure but I believe… – Я не уверен, но мне кажется (я полагаю) … That's it. The role of … is great here. – Именно так. Здесь велика роль … I would like to add (about the procedure) … – Я бы добавил (о процедуре) 52

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Read the text "Coroner's Court". Coroner's Court Coroners investigate violent and unnatural deaths or sudden deaths where the cause is unknown. Deaths may be reported to the local coroner (who is either medically or legally qualified, or both) by doctors, the police, the registrar, various public authorities or members of the public. If the death is sudden and the cause unknown, the coroner need not hold an inquest if, after a post-mortem examination has been made, he or she is satisfied that the death was due to natural causes. Where there is a reason to believe that the deceased died a violent or unnatural death or died in prison or in other specified circumstances, the coroner must hold an inquest and it is the duty of the coroner's court to established how, when and where the deceased died. A coroner may sit alone, or in certain circumstances, with a jury. In Scotland the local procurator fiscal inquires privately into all sudden and suspicious deaths and may report the findings to the Crown Office. In a minority of cases a fatal accident inquiry may be held before the sheriff. For certain categories (such as deaths in custody) a fatal accident inquiry is mandatory. In addition, the lord Advocate has discretion to instruct an inquiry in the public interest in cases where the circumstances give rise to public concern. Vocabulary Notes to the text. 1. coroner – коронер (следователь, специальной функцией которого является расследование случаев насильственной или внезапной смерти) 2. the registrar – регистрационное бюро (чиновник–регистратор) 3. to hold an inquest – проводить расследование 4. post-mortem – лат. вскрытие трупа 5. the deceased – покойный 6. to inquire privately – проводить частное расследование 7. suspicious death – подозпрительная смерть 8. discretion – свобода действий System of Punishment in Great Britain Read the texts on "Treatment of Offenders". Sentencing The sentence passed on an offender is entirely a matter for the courts, subject to the maximum penalty enacted by Parliament for each offence. The Government ensures that the courts have available an adequate range of sentences to suit the circumstances of each case and that they are well informed about the purpose and nature of each available sentence. The Court of Appeal issues guidance to the lower courts on sentencing issues when points of principle have arisen on individual cases which are the subject of appeal. Custody The Government believes that custody should be a sanction of last resort used only when the gravity of the offence means that there is a positive justification for a custodial sentence, or where the public needs to be protected from a dangerous offender. The Court of Appeal has stated that sentencers in England and Wales should examine each case in which custody is necessary to ensure that the term imposed is as short as possible, consistent with the courts' duty to protect the interests of the public and to punish and deter the criminal. A magistrates' court in England and Wales cannot impose a term of more than six months' imprisonment for each offence tried summarily, but may impose consecutive sentences subject to an overall maximum of 12 months' imprisonment. If an offence carries a higher maximum penalty, it may commit the defendant for sentence at the Crown Court, which may impose – within the permitted statutory maximum – any other custodial penalty. As in the rest of Britain there is a mandatory sentence of life imprisonment for murder: this is also the maximum penalty for a number of serious offences such as robbery, rape, arson and manslaughter.

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The death penalty has been repealed for almost all offences. It remains on the statute book for the offences of treason, piracy with violence and some other treasonable and mutinous offences; it has, however, not been used for any of these offences since 1946. In Scotland the maximum penalty is determined by the status of the court trying the accused unless the sentence is limited by statute. In trials on indictment, the High Court may impose a sentence of imprisonment for any term up to life, and the sheriff court – any term up to three years but may send any person to the High Court for sentence if the court considers its powers are insufficient. In summary cases, the sheriff may normally impose up to three months' imprisonment or six months for some repeated offences, although his powers are extended by statute in some exceptional cases. In the district court the maximum term of imprisonment is 60 days. In Northern Ireland the position is generally the same as for England and Wales. A magistrates' court, however, cannot commit an offender for sentencing at the Crown Court if it has tried the case; for certain summary offences, a magistrates' court may impose a term of imprisonment for up to 12 months. There are also other circumstances when a magistrates' court can impose imprisonment of more than six months. Fines The most common sentence is a fine, which is imposed in more than 80 per cent of cases. There is no limit to the fine which may be imposed on indictment; on summary conviction the maximum limit, except in certain exceptional circumstances, is £2,000 in England, Wales and Northern Ireland, and in Scotland £2,000 in the sheriff court and £1,000 in the district court.

Probation At present in the United Kingdom the number of offenders subject to supervision in the community considerably exceeds the number in custody. The purpose of probation is to protect society by the rehabilitation of the offender, who continues to live a normal life in the community while subject to the supervision of a probation officer. Before placing an offender probation, which may last from six months to three years, the court must explain the order in ordinary language, ensuring that the offender consents to the requirements of the order and understands that a failure to comply with them will make him or her liable to a penalty or to be dealt with for the original offence. In England and Wales such an order can be made only for offenders aged 17 years or more. In Scotland the minimum age is 16 years and in Northern Ireland 10 years. About 17 per cent of orders in England and Wales contain a variety of additional requirements concerning place of residence, attendance at day centres or treatment for mental illness. The probation service in England and Wales also administers supervision orders, the community service scheme and parole. In addition, social work services are provided in custodial establishments. In England and Wales the cost of the probation service is shared between central and local government and it is administered locally by probation committees of magistrates and members coopted from the local community. In Scotland probation services are integrated with local authority social work departments, and in Northern Ireland the service is administered by a probation board, whose membership is representative of the community and which is funded by central government. The probation service provides and maintains day centers and hostels together with schemes and programmes designed to meet the needs for a broad range of offenders, and, if possible, drawing the community into partnership in responding to offending. Offenders aged 16 or over (17 in Northern Ireland) convicted of imprisonable offences may, with their consent, be given community service orders. The court may order between 40 and 240 hours' unpaid service (the maximum in England and Wales is 120 hours for 16-year-olds) to be completed within 12 months. (This does not apply in Northern Ireland). Examples of work done include decorating the houses of old or disabled people and building adventure playgrounds. The number of community service orders made in England and Wales increased from 28,040 in 1981 to

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34,580 in 1986 and in Scotland from 1,083 in 1981 to 3,150 in 1986. In Northern Ireland the number rose from 811 in 1986 to 841 in 1987. In England, Wales and Northern Ireland a court is free to pass a suspended sentence of not more than two years. (A draft Treatment of Offenders (Northern Ireland) Order will allow sentences for serious offences to be suspended for up to five years). The sentence is not served unless the offender is convicted of a further offence punishable with imprisonment; in that event the suspended sentence normally takes effect and another sentence may be imposed for the new offence. In England and Wales an offender receiving a suspended sentence of more than six months may be placed under the supervision of a probation officer for all or part of the period: courts also have the power, when passing a sentence of between three months' and two years' imprisonment, to order that part should be served and the rest held in suspense. Check the comprehension of the text by listening to each question and choosing the answer, which you think, is correct. 1. The sentence passed on an offender is entirely a matter for the courts. a) yes, it is true; b) press or the party leaders can affect the sentence; c) the sentence passed on an offender depends on the executive power. 2. The Court of Appeal issues guidance to the lower courts on sentencing issues when points of principle have arisen on individual cases, which are the subject of appeal. a) there is no such practice; b) the lower court does not always take into account the opinion of the Court of Appeal; c) the lower courts on principal issues arising on individual cases regard the guidance of the Court of Appeal as the base. 3. A magistrates' court in England and Wales cannot impose a term of more than six months' imprisonment for each offence. a) a magistrates' court in England and Wales can impose a term of three years; b) a magistrates' court in England and Wales can impose a term of twelve months in case these are consecutive sentences; c) a magistrates' court in England and Wales can impose a term of only three months. 4. As well as in the rest of Britain there is a mandatory sentence of life imprisonment for murder. a) yes, it is true, besides, this is also the maximum penalty for a number of serious offences; b) no, life imprisonment is sentenced for theft and hooliganism; c) there is no life imprisonment in England at all. 5. The death penalty has been repealed for almost all offences. a) it is no true; it has not been repealed for rape; b) more than 150 people are sentenced to the death penalty in England every year; c) the death penalty remains on the statute book for the offences of treason and a number of other offences; it has, however, not been used since 1946. 6. In Scotland in summary cases the sheriff may normally impose up to three months' imprisonment or six months' for some repeated offences. a) the sheriff may impose up to a year's imprisonment; b) the sheriff does not impose up to any term's imprisonment without Court; c) yes, it is true; in addition his powers are extended by statute in some exceptional cases. 7. The purpose of probation is to protect society by the rehabilitation of the offender, who continues to live a normal life in the community while subject to the supervision of a probation officer. a) probation may last from a month to three months; b) probation may be ensured without the offender's consent; c) probation may last from six months to three years, the court must explain the order in ordinary language, ensuring that the offender consents to the requirements of the order.

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Pick out from the texts "Treatment of Offenders" all the word combinations with the following words (terms) and give their Russian equivalents. sentence; court; penalty; appeal; custody; offence; murder; accuse; indictment; sanction. Find in the text the English equivalents for the following phrases. – апелляционный суд издаёт руководства; – правительство считает, что тюремное заключение должно применяться как санкция в последней инстанции … ; – лица, занимающиеся вынесением приговоров в Англии и Уэльсе, должны изучать каждое дело; – максимальное наказание обусловливается положением суда; Development Read the additional text "Prison Industries, Physical Education and Education" and make a synopsis of it in Russian. Prison Industries, Physical Education and Education Prison industries aim to give inmates work experience which will assist them when released and to secure a return which will reduce the cost of the prison system. The main industries are clothing and textile manufacture, engineering, woodwork, laundering, farming and horticulture. Most production caters for internal needs and for other public services. A few prisoners are employed outside prison. Small payments are made for work; in some prisons, schemes provide an opportunity for higher earnings on the basis of output and skill. Education is financed by the prison service and staffed by local education authorities. In every establishment the education officer is assisted by a term of teachers. Education is compulsory, full-time, for young offenders below school-leaving age. For older offenders it is voluntary. Some prisoners study for public examinations (including those of the Open University). Within the resources available there is an adult education curriculum. Library facilities, provided through the local public library authority, are available in all establishments. Vocational training courses are taught by civilian instruction officers. Physical education is voluntary for adult offenders but compulsory for young offenders. Some 50 per cent of prisons have purpose-built physical education facilities while all but two of the remainder use gymnasia converted from other buildings. Education in Northern Ireland prisons is traditionally an evening activity, but governors may and do permit prisoners who need help in basic education and those preparing for public examinations to spend part of their working week on educational pursuits. Recently, the distancelearning mode of study has been introduced in a wide range of subjects, lessening the need for evening classes. Prison education is provided by full-time and part-time staff. A wide range of educational and vocational training facilities, from remedial education to Open University level, is available. Commentary and Notes to the text. 1. prison industries – органы, осуществляющие наказание (тюрьмы) 2. to reduce the cost – обеспечивать уменьшение (сокращение) расходов 3. clothing – лёгкая промышленность 4. horticulture – 1) садоводство; огородничество; 5. on the basis of output and skill – на основе выпуска продукции (производства) и мастерства 6. local education authorities – органы местного образования 7. compulsory – принудительное (носит принудительный характер) 8. education curriculum – учебный план 9. vocational training courses – курсы по повышению профессиональных навыков 10. basis education – базовое образование 11. educational pursuits – образовательные занятия 12. the distance-learning mode of study – заочный режим работы

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Read the text "Young Adult Offenders" for 8 minutes and think over its contents. Give the annotation of it in Russian. Young Adult Offenders Offenders aged 17 to 20 years (16 to 20 years in Scotland) form a separate category from juvenile and adult offenders. In England and Wales the penalties for young adults are fines and compensation, attendance centre orders and probation orders; offenders may also be sentenced to up to 240 hours of community service. As in the case of juvenile offenders, a custodial sentence may be imposed only when no other measure would be appropriate. The custodial sentences for offenders of this age are the detention centre order (for young men sentenced to a term of four months or less) and the youth custody sentence (for both sexes). For the most serious offences young adults may be sentenced to custody for life. Detention centres, which receive offenders directly from the courts, operate a consistent regime, which is geared to the short sentences involved. This inculcates a high standard of discipline and effort; in senior centres it includes a full working week; younger offenders receive at least 15 hours of education a week. Both junior and senior centres provide one hour of physical training each day. The youth custody centre regime is designed for offenders who are usually serving a minimum sentence of over four months and for those allocated from a local prison. The aim is to provide flexible but coherent programmes of activities which are as constructive as possible and can include an element of vocational training. Some young offenders to young custody are held in local prisons and remand in special accommodation where as full a regime as possible is provided. The Criminal Justice Act 1988 provides for a unified custodial sentence for young and young adult offenders under the age of 21 in England and Wales: from October 1988 the detention centre order and the youth custody sentence are being replaced by detention in a young offender institution. Young offenders are eligible for parole on the same term as adults and all are supervised after release. In Scotland young offenders aged under 21 sentenced to detention serve their sentences in a young offenders' institution. Remission of part of the sentence for good conduct, release on parole, and supervision after release are available. In Northern Ireland offenders aged between 17 and 21 who are sentenced to three years or less are sent to a young offenders' centre. Vocabulary Notes to the text 1. a consistent regime – соответствующий (согласующийся) режим 2. to provide flexible but coherent programmes of activities – обеспечить гибкие, но последовательные программы действий 3. to be eligible for parole – иметь право быть освобождённым(и) на поруки 4. remission of part of the sentence – смягчение части приговора Civil Court England and Wales The limited civil jurisdiction of magistrates' courts extends to matrimonial proceedings for custody and maintenance orders, adoption orders and affiliation and guardianship orders. The courts also have jurisdiction regarding nuisances under the public health legislation and the recovery of rates. Committees of magistrates license public houses, betting shops and clubs. The jurisdiction of the 274 country courts covers actions founded upon contract and tort (with minor exceptions); trust and mortgage cases; and actions for the recovery of land. Cases involving claims exceeding set limits may be tried in the country court by consent of the parties or in certain circumstances on transfer from the High Court. Other matters dealt with by the country courts include hire purchase, the Rent Acts, landlord and tenant, and adoption cases. Divorce cases are determined in those courts designated as divorce country courts, and outside London bankruptcies are dealt with in certain country courts. The courts also deal with complaints of race and sex discrimination. Where small claims are concerned (especially those involving consumers), there are special arbitration facilities and simplified procedures.

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All judges of the Supreme Court (comprising the Court of Appeal, the Crown Court and the High Court) and all circuit judges and recorders have power to sit in the country courts, but each court has one or more circuit judges assigned to it by the Lord Chancellor, and the regular sitting of the court are mostly taken by them. The judge normally sits alone, although on request the court may, exceptionally, order a trial with a jury. The High Court of Justice is divided into the Chancery Division, the Queen's Bench Division and the Family Division. Its jurisdiction is both original and appellate and covers civil and some criminal cases. In general, particular types of work are assigned to a particular division. The Family Division, for instance, is concerned with all jurisdiction affecting the family, including that relation to adoption and guardianship. The Chancery Division deals with the interpretation of wills and the administration of estates. Maritime and commercial law is the responsibility of admiralty and commercial courts of the Queen's Bench Division. A consultative paper examining the issues involved in setting up a unified jurisdiction in family and domestic matters – a single 'family court' – was published in mid-1986. Each of the 80 or so judges of the High Court is attached to one division on appointment but may be transferred to any other division while in office. Outside London (where the High Court sits at the Royal Courts of Justice) sittings are held at 26 country court centres. For the hearing of cases at first instance, High Court judges sit alone. Appeals in civil matters from lower courts are heard by courts of two (or sometimes three) judges, or by single judges of the appropriate division, nominated by the Lord Chancellor. Read the text. Administrative Tribunals Administrative Tribunals exercise judicial functions separate from the courts. Generally, they set up under statutory powers, which govern their constitution, functions and procedure. Compared with the courts, they tend to be more accessible, less formal and less expensive. They also have expert knowledge in their particular jurisdictions. The expansion of the tribunal system in the United Kingdom is comparatively recent, most tribunals having been set up since 1945. Independent of the Government, tribunals rule on certain rights and obligations of private citizens towards one another or towards a government department of other public authority. A number of important tribunals decide disputes between private citizens – for example, industrial tribunals have a major part to play in employment disputes. Some (such as those concerned with social security) resolve claims by private citizens against public authorities. A further group (including tax tribunals) decide disputed claims by public authorities against private citizens, while others decide issues and disputes which do not directly affect financial rights and liabilities (such as the right to enter or visit the United Kingdom). Tribunal members are normally appointed by the minister concerned with the subject, but other authorities have the power of appointment in some cases. For example, the Lord Chancellor (and, in Scotland, the Lord President of the Court of Session) makes most appointments where a lawyer chairman or member is required. In many tribunal jurisdictions, a two-tier system operates with an initial right of appeal to a lower tribunal and a final right of appeal, usually on a point of law, to a higher tribunal. Appeals on a point of law only from some of the higher tribunals may be made to the High Court in England and Wales, to the Court of Session in Scotland, and to the Court of Appeal in Northern Ireland. There are a few exceptions including, for example, immigration appeals where there is no right of appeal directly from the Immigration Appeals Tribunal to the courts. The Council on Tribunals (an independent body established in 1958) exercises general supervision over most tribunals, advising on draft legislation and rules of procedure, monitoring their activities and reporting on particular matters. A Scottish Committee of the Council exercises the same function in Scotland. The Council has a similar responsibility with regard to public inquires.

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For advanced students. Read the text and match the underlined expressions with the definitions below. Lenny The Launderer People say that crime doesn't pay, yet Lenny Rowlands' 'career' in crime has given him a lifestyle many would envy. He is currently in the Ratonga Islands, living (1) the life of Riley on the proceeds of his (2) ill-gotten gains. Lenny was released from a prison last year, having served a (3) long stretch. Being (4) banged up was no punishment for Lenny, who used the opportunity to expand his contacts in the (5) under world. For many years Lenny had led (6) a double life: on the surface a respectable antiques dealer, whose job was the perfect (7) cover for a secret career of (8) laundering money through the purchase and sale of expensive foreign antiques. He was also a (9) fence, selling stolen furniture, silver and paintings through his antique shop in London's East End. Ten years ago Lenny's jealous partner, Samuel Drake, (10) Blew the whistle on him. Lenny attempted a (11) moonlight flit, but was arrested at Heathrow airport. Although he hadn't suspected that Drake was a (12) grass, Lenny had already taken the precaution of setting aside large sums to build up a (13) nest-egg in a secret foreign bank account. At his trial Lenny (14) turned Queen's evidence and revealed many of his criminal contacts, resulting in a shorter sentence than many expected. Once he was released and out of the country, Lenny was able to (15) get his hands on his secret nest-egg: funds which have enabled him to retire to a life of luxury in his tropical paradise. A. imprisoned B. expose somebody as a criminal, revealed a wrong-doing C. obtain D. an extravagant, fun-filled life of pleasure E. disguising money earned from a crime as legitimately earned money by using it in a business or trade F. the secret world of criminals G. an amount of money stored away for future use H. sudden, surprise departure I. an informer, someone who reveals secrets to the police or the authorities for personal gain or as revenge J. money gained from crime or unethical behaviour K. job, company or situation disguising criminal secret activity L. lengthy prison sentence M. gave evidence for the prosecution in a criminal case in which one was also a suspect, in exchange for a more lenient sentence or other benefit N. person who buys stolen items from criminals to sell them to the public O. dual existence, one public and other secret

You are a judge. Read the information about a criminal who has just been found guilty of robbery in your court. Write down the punishment you would impose on him and explain your reasons using no more than 150 words. NAME: Dominic Renton AGE: 29 BACKGROUND: Renton is a widower with two small children. His profession is bricklaying but he has been unable to find a job for the last eight months due to a back injury he sustained in the car accident in which his wife was killed. He has no previous convictions. CRIME: Three months ago Renton walked into a petrol station wearing a stocking over his face and carrying a kitchen knife. He threatened the cashier with the knife and demanded the contents of the cash machine. When she refused, he held the knife to her throat, causing her to faint from fear, 59

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although she was not physically harmed. He then forced the cash machine open and stole £7,000 in cash. He was caught by the police two days later while he was using some of the stolen money to buy a bicycle for his seven-years-old son. Read the following magazine article and complete the task which follows THE POLITICS OF DEATH One of the most striking differences between the United States and other advanced industrial countries is America's enthusiasm for execution. Over the past five years several rather unexpected countries – Cambodia, Haiti, Romania (admittedly after executing Nicolae Ceaucescu) and, the latest recruit, Namibia – have joined most of Western Europe and Latin America in abolishing the death penalty for ordinary criminal offences. Since 1976, when the Supreme Court re-established that the death penalty was constitutional, 13 American states have executed 121 people, and the number is on the rise. Most of the executions have been in the old South. But now California is poised for its first execution in 23 years. In many countries besides America, public opinion strongly supports capital punishment – undeterred by the fact that no criminological study has ever been able to provide that it reduces crime. Recent surveys find 80% of Americans in favour, though the proportion drops when they are offered the alternative of a life imprisonment that genuinely means for life. Only once, in 1966 when there had been a lot of discussion on the ethics of capital punishment, did a Gallup poll find that American support for death as the punishment for murder had fallen below 50%. Surveys show similar results in other countries. The difference is that, in America, politicians are more likely to follow public opinion on this question, not try to change it. As Mr. Michael Dukakis found to his cost in 1988, voters equate opposition to the death penalty with being soft on crime, support for it with being tough. The 1990 election campaigns confirmed that this lesson was 35 well learnt: candidates indulged in ghoulish rivalry in support of execution. Read the following questions and unfinished statements about the article. Choose the answer which fits best. 1. Why do you think the writer uses the word unexpected in line 4? A. These countries have no crime. B. These countries are not advanced industrial countries. C. These countries do not have a very good record on human rights. D. The writer does not think they should be referred to as countries. 2. A. B. C. D.

In the countries mentioned in lines 5-8, the death penalty might be allowed for murder. ordinary criminal offences. non-violent crimes. terrorist crimes.

3. A. B. C. D.

In many countries public opinion supports capital punishment even though it has never been proved to reduce crime. because it has never been proved to reduce crime. because it has been proved to reduce crime. although it has been proved to reduce crime.

4. A. B. C. D.

Fewer people would be in favour of capital punishment if life imprisonment were an alternative. life imprisonment really meant 'for the rest of one's life". it was considered ethical. public opinion polls showed a majority in favour of its abolition.

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5. A. B. C. D.

What is the difference between America and other countries on this issue? In America, public opinion is totally different. In America politicians are likely to try to change public opinion. In America politicians are not likely to try to change public opinion. In other countries politicians are not likely to try to change public opinion.

6. A. B. C. D.

Voters in America think that politicians who support the death penalty are tough on crime in general. soft on crime in general. ghoulish. tough on the death penalty.

This is a police report of a minor crime. Imagine that you are the victim of the crime. Write a letter to a friend describing what happened to you and your feelings about it. POLICE REPORT Nature of crime: mugging, burglary Place of crime: Winston Avenue, Norwich Date/time of crime: Thursday 9th October, 6.45-7.30 p.m. Victim: Ms N.Allen Description of crime: At 6.45 p.m. on the evening of Thursday 9 th October Ms Allen was returning from work to her home at 79 Winston Avenue. She had left work at 5.30 p.m. and had stopped at the Fox and Goose public house in Market Street for a drink with a colleague. Ms Allen and her colleague had left the pub at 6.30 p.m. and Ms Allen had walked to the no. 13 bus at the end of Market Street. While awaiting the arrival of the bus, she noticed a group of three youths loitering on the corner. The youths started to approach her, and she started to walk in the opposite direction. The footsteps behind her accelerated and a youth of approximately 19 years of age stopped her and asked her the time. As Ms Allen stopped and looked at her watch the youth siezed her wrist, twisted her arm behind her back and forced her at knifepoint to surrender her hand bag and all her jewellery. The two accomplices were encouraging their friend at this point. After Ms Allen gave the youth her handbag and jewellery, the three quickly disappeared. Ms Allen was very shaken, but decided to walk to her home, a distance of approximately three miles, where she would alert the police. She arrived home at 7.40 p.m. to discover that her flat had been hurriedly burgled, clearly by the muggers who had found Ms Allen's keys and address in her handbag. Ms Allen claims that her handbag contained £65 in cash and the usual credit cards and cheque book, and that two necklaces, several pairs of earrings, a camera and a portable CD player were stolen from her flat. Reporting Officer: T G Lennox. Law and Money Laundering in Russia TEXT Outflow of Capital During the period of Russia's transition from a centrally planned economy to a market economy, the opportunities to launder money appear to be limitless. Despite what is written in the media and debated in international fora, Russian law enforcement statistics do not support the thesis that criminally derived proceeds from abroad are entering Russia and subsequently laundered. This also holds true for foreign proceeds from drug or arms trafficking, and the sale of nuclear materials. Russian officials admit that mechanisms to detect and measure money laundering are lacking or could be improved, but the general consensus is that foreign funds are not laundered in Russia. The country does, however, remain vulnerable to money laundering, given the current legal and economic conditions. What is happening is a massive outflow of capital from Russia. These proceeds range from criminally-derived funds from commonplace offenses to the misappropriation of state assets 61

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through embezzlement, theft, and corruption. This money is legalized in Russia and eventually sent abroad, primarily to Western countries for laundering and safekeeping. Funds leaving Russia to be legalized abroad consist of a combination of assets from the proceeds of predicate offenses stipulated by criminal codes and proceeds that are illegally transferred out of Russia, commonly referred to as "gray money". Examples of this include corporate, private, and official funds sent to foreign accounts to evade hard currency restrictions, taxation, or detection. These types of illegal proceeds include more than those generated by organized crime. Instances of embezzlement by individuals in positions allowing access to either private or public funds also occur; these proceeds are likewise sent abroad. The proceeds ultimately return to Russia in the form of cash, goods, services, and equipment. Those remaining in Russia are used for operational expenses in furtherance of the criminal enterprise. Russian officials estimate that during the years 1992 and 1993, assets valued at four trillion roubles were stolen from the sale. At the nominal exchange rate of $1.00 = R200.00 during this period, the equivalent losses incurred in U.S. dollars were $20 billion. According to Russian government estimates, approximately $100 billion of funds attributed to Russian sources lie outside the country in foreign banks. Approximately $30-40 billion of this sum is capital from tax and customs evasion. Vocabulary notes transition – переход transition period – переходный период forum – (pl. foras, foris, fora) (Lat) – 1) площадь; 2) место суда in international fora – в международных профессиональных кругах thesis – 1) положение; тезис 2) тема; 3) диссертация; arms (in arms) – 1) оружие; вооружённый; 2) война nuclear – ядерный nuclear materials – радиоактивные вещества vulnerable (to smth.) – уязвимый, ранимый, чувствительный to range from … to – колебаться от … до … misappropriation – незаконное присвоение, растрата embezzlement – хищение, присвоение; to embezzle – присваивать, растрачивать theft – воровство, кража, украденные вещи eventually – в конечном счёте, в конце концов, со временем gray = grey – серый corporate – корпоративный; принадлежащий или относящийся к корпорации; corporate funds – относящийся к корпораци to evade – уклоняться, обходить (закон, вопрос); evasion – уклонение; customs evasion – уклонение от уплаты пошлин restriction – ограничение; to impose restriction – вводить ограничение access – доступ to allow access to smth – позволять доступ к чему-либо furtherance – продвижение, поддержка, помощь to incur – подвергаться; to incur losses – нести убытки; to incur debts – влезть в долги Methods and Means Common methods used to launder assets are false invoicing schemes, keeping of double books, and contract fraud. A common scenario is a wire transfer of funds in Western currency to a front company abroad for a commercial transaction. A fraudulent purchase contract provided by the front company is presented as proof of the commercial need for wiring the funds. After the funds are wired, the legitimized funds are free to be transferred or converted to cash. This method is also used to embezzle state funds.

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Another method used to launder funds involves instances in which suppliers never receive payment for products that are purportedly ordered by the state. Schemes to defraud the state of strategic materials – such as oil, gas, metal, gold, diamonds, and timber – regularly occur in which the resources are shipped abroad with deliberately undervalued invoices and sold at world markets – the profits of which are embezzled by the perpetrators. In Russia, organized crime is defined as activity of criminal formations of different levels of organization. These criminal formations are groups, gangs, and organizations. At present, there are approximately 6,000 organized crime groups operating in Russia, whose significant numbers constitute criminal organizations. Seven criminal organizations operate in Moscow and ten in Sankt-Peterburg. In 1995, 25 criminal organizations were known to have international ties; 19 among them – in the former Soviet republics. There is no concrete proof of foreign organized crime groups operating in Russia. Organized crime is countered by the main Organized Crime Control Department of the Ministry of Internal Affairs of Russia and its local offices in the various regions of the country. The connection between the shipments of massive amounts of bulk US currency to Russia and organized crime is speculative. One purely economic explanation for this currency flow is to satisfy the demand for Us dollars by average Russian citizens. As a hedge against inflation, Russians convert their earnings in roubles to dollars, which are reconverted to roubles for routine purchases as needed. Given the size of the Russian economy, the US dollar would be the logical choice because of its relative stability, and the amount of US currency in circulation worldwide. This does not preclude the use of some of this currency by organized crime, but media reports overstate the magnitude. The theft of nuclear material is recognized as an extremely dangerous undertaking in Russia. It requires specialized professionals to handle radioactive materials, and it is well known that numerous intelligence organizations – both foreign and domestic – monitor the theft of and trade in nuclear materials. Arms trafficking in Russia is problematic for several reasons. Border controls have not kept pace with the arms trade, there are profits to be made, and weapons are used in the commission of other crimes. Arms trafficking is considered a serious and major concern by Russian law enforcement officials. Vocabulary notes to purport – означать, подразумевать purport – 1) смысл, содержание; 2) текст документа timber – лес, лесоматериалы to counter – 1) противостоять; противоречить speculative – умозрительный, теоретический, недоказанный demand for smth – спрос на что-либо hedge – 1) ограда, преграда, препятствие; 2) гарантия. to hedge – страховать себя ( от возможных потерь ); to hedge credit risks – страховать кредитные риски. to preclude – предотвращать, устранять, мешать to overstate – преувеличивать magnitude – 1) размеры; важность, значимость; of the first magnitude – первостепенной важности. to monitor – контролировать, проверять Сonsumer Fraud TEXT 1 Fraud costs North American consumers billions of dollars per year. The act of deceiving unsuspecting consumers can be easily committed, difficult to prosecute and very profitable for the criminals. Whether the financial loss is large or small, no one likes to be swindled or conned. The unwary can be easy marks for criminals, unaware that they have been defrauded or too ashamed to admit it when they discover that they are a victim of fraud. 63

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The best way to reduce fraud is through increased awareness. The greatest enemy to the perpetrator of fraud is the informed consumer. Fraud can take many different forms, as the only limit to the con artists is their creativity and imagination. The following descriptions do not provide an exhaustive list of fraudulent practices, but serve to provide in indication of some of the more common consumer fraud schemes. Pyramid or Chain Referral Schemes A pyramid or chain referral scheme is a marketing program based on convincing people to buy the right to sell others the right to market a particular product or product line. Promoters select a product and sell large or overpriced inventories to ''distributors'', with the added incentive of allowing the distributors to sell subdistributorships. The profit is earned primarily through investors enlisting new recruits who in turn enroll more recruits. In order to recoup the initial investment, new recruits are encouraged to sell new distributorships and there is little real concern given to selling the actual product or service to the public. The attraction of the pyramid scheme is that it offers an unusually high rate of return on the initial investment. Investors are typically advised that they can get a full return on their money by getting two or more ''new'' investors to make an investment. The new investors must then get two or more new investors and so it goes, on and on … . Promoters fail to tell or deliberately conceal that profit from this system becomes mathematically impossible for other than the initiators of the scheme. Similar pyramid schemes are also appearing on the Internet. Phoney Bank Inspector An unknown person implies that he/she is a bank representative or working with the police to investigate the misappropriation of money at your bank. Your assistance is required to trap a dishonest bank employee. You are asked to visit your bank and withdraw money from your account. The con artist contacts you after the withdrawal, produces phoney identification and takes possession of your money. You are assured that the money will be deposited to your account within a couple of days …. The phoney bank inspector and your money then disappear. Your entire saving can be wiped out within minutes. Boiler Room Operations Numerous employees are hired by a con-artist as telephone solicitors to sell products or solicitors to sell products or solicit donations for charitable organizations. The products are frequently of questionable value and the charities are fictitious or, they receive little or nothing. These schemes work well, as each victim consumer is taken for only a moderate amount and they do not usually pursue the issue. However the small-to-moderate individual amounts add up to thousands of dollars for the boiler room operator. Be prudent and verify the organization or product before making a commitment. Vocabulary notes to swindle – обманывать,надувать; to swindle money out of a person – выманить у кого-либо деньги to con – жульничать; надувать; syn. (to fraud; to swindle) con – жульничество, жулик; syn.( fraud; swindler) wary – осторожный, подозрительный, настороженный ashamed – пристыженный; to be ashamed for smb. – стыдиться за кого-либо; to be ashamed of smb./smth – стыдиться кого-либо/чего-либо I am ashamed of myself – Мне стыдно за себя. He was ashamed to tell the truth – Ему было стыдно сказать правду. to admit – допускать, принимать to be admitted to the bar – получать право адвокатской практики в суде. to admit smth – признаться в чём-либо 64

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victim – жертва to fall a victim – стать жертвой perpetrator – нарушитель, преступник exhaustive – исчерпывающий, полный; exhaustive list – полный список; exhaustive information – исчерпывающие сведения chain – 1) цепь, цепочка; 2) однотипные магазины, принадлежащие одной фирме и имеющие одно название a chain of happenings – цепь событий promoter – 1) тот, кто способствует (чему-либо); учредитель, основатель; 3) агент, который помогает новому бизнесу inventories – запасы (товаров) inventory – 1) опись, инвентарь; 2) переучёт товара, инвентаризация distributor – оптовый продавец, продающий товар диллерам, специализирующимся на розничной торговле recruit – новый участник, новичок to enrol – вербовать, вовлекать, принимать phoney (=phony) – (разг) ложный, поддельный, фальшивый, дутый to trap – ставить ловушки, поймать в ловушку boiler room – котельное отделение, котельная donation – дар, пожертвование ( часто денежное) charities – благотворительные учреждения или дела; charity – благотворительность moderate – умеренный, выдержанный, средний, небольшой prudent – 1) благоразумный, предусмотрительный; 2) осторожный; 3) расчётливый, бережливый commitment – обязательство to make a commitment – связать себя обязательством verify – проверять, контролировать The Pigeon Drop Scheme The pigeon drop scheme has many variations and the following is but one possible scenario. A stranger approaches you on the street and starts up a conversation. As you are conversing another stranger nearby claims to having just found a large amount of money. The discussion turns to what should be done with the money. Stranger number two claims to work for a lawyer and leaves to seek legal advice. The finder returns to say that the lawyer advises to say that the money should be put into a trust for a certain amount of time, until the owner is located. If unclaimed at the end of the time period, the money is to be shared among those in the group. However, to ensure that all those in the group are legitimate, a specified amount of money is to be deposited in the trust by each member of the group. The con-artist then adds that once the lawyer has all the money, for an additional fee, the waiting period can be waived. Both strangers then advise you to withdraw the amount of money required . The stranger who claims to work for the lawyer then offers to take the money to the lawyer, sign the papers and return with your share. The stranger then returns and advises that the lawyer wants to speak to you personally, and gives you directions to the office. Your search for the office is fruitless and you soon realize that you have been conned. This con, like many, appeals to a weakness in human nature … the desire to get something for nothing. NEVER GIVE CASH TO A STRANGER!!! Land Speculation People wishing to purchase a vacation or retirement property often find themselves trapped in land investment schemes. Through the use of slick advertising, unscrupulous promoters seduce potential 65

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victims into buying worthless property. If the price seems too god to be true or it is "an urgent once in a lifetime opportunity" you may be buying a desert bed miles from civilization or swamp land that remain under water even during a drought. Never purchase property sight unseen. Visit the area, view the property, and have it properly appraised. DO YOUR HOMEWORK … INVESTIGATE BEFORE BUYING!!! Home Improvement Schemes Most home improvement contractors are legitimate and provide a useful service. A small percentage of these contractors are not so honest. Con-artists home improvement schemes often solicit contracts from home owners by misrepresenting the necessity for repairs or the value of the home improvement. These operators will ask to be paid in cash, often in advance or with large deposits in advance. The contractual work is then often poorly done or not performed at all. Before making a commitment:  Check with the Better Business Bureau regarding the honesty and reputation of the contractor;  Obtain other estimates from reputable contractors;  Never pay for the work in advance; pay after it has been completed and examined;  If the person represents a utility company ask for proper identification;  Carefully read all forms and contracts before signing;  Never let anyone rush you into signing a contract or handing over cash. Vocabulary notes pigeon – 1) голубь; 2) (разг) простак, шляпа drop – 1) капля; 2) падение, понижение, снижение to seek (sought, sought) – искать, добиваться, просить to seek advice – обращаться за советом to share – 1) делить(ся), распределять; 2) участвовать, быть пайщиком; to share profits – участвовать в прибылях to waive – отказываться; to waive the right – отказываться от права; to waive claim – отказываться от претензии; to waive inspection – отказываться от инспекции to purchase – покупать, приобретать vacation – каникулы, отпуск the long vacation – летние каникулы vacation pay – плата отпуска retirement – 1) отставка; 2) выход в отставку или на пенсию; 3) уединение; уединённая жизнь property – собственность, имущество a property – земельная собственность, имение property qualification – имущественный ценз; property tax – налог на имущество slick – ловкий, хитрый, скользкий scrupulous – 1) щепетильный, совестливый; 2) добросовестный; 3) тщательный to seduce – соблазнять, обольщать, совращать desert – 1) пустыня; 2) необитаемое пустынное место swamp – болото, топь drought – 1) засуха; 2)сухость воздуха to appraise – оценивать, расценивать You should have it appraised – Нужно, чтобы вам его оценили. honest – честный, правдивый to be quite honest about it – откровенно говоря repairs – ремонт value – 1) ценность; 2) стоимость, цена improvement – улучшение, усовершенствование improvements (Am) – удобства, перестройка, перестановка reputable – почётный, достойный уважения 66

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utility – коммунальные услуги, коммунальные сооружения to hand over – передавать

READER Read the following stories and do the exercises. Barker, Arizona Clark "Ma", d. 1935 "Ma" Barker's gang was mostly composed of her own four sons, and she led them to criminal fame. She was never arrested, but her sons often were. Ma would appear in court and protest their innocence or raise bail. By the time the gang was cleared up by the FBI it had been responsible for the deaths of four policemen, a civilian and one of their own number who talked too much. The Bakers hit the big time when they started kidnapping rich men for ransom, but this increased the pressure by police and the FBI on the gang and its members had to split up. When Arthur Barker was captured, Ma's hideout in Florida was revealed. The FBI's G-men surrounded the house and call on Ma Barker and her son Fred to surrender. "To hell with all of you", she replied and opened fire. The FBI used tear gas, but the gunfight continued until both Ma. Find which of the words in the text mean: – to affirm strongly being not guilty; – to pay a sum of money demanded by the law court, paid by or for a person accused of an offence, as security that he will appear for his trial, until which time he is allowed to go free; – to steal a person in order to demand payment for his return; – money paid for the freeing of a person who has been kidnapped; – to come clean. Billy the Kid (William Bonny), 1860-1881 Billy the Kid was a legend in the Wild West as a cattle rustle and murdered. Slim and fair, Billy was born in New York but soon moved to New Mexico. He was apprenticed to a blacksmith but found this boring, so he shot the smith and became a cowboy. At first he worked for John Chisholm, who was fighting a range war in the Pecos Valley. He quarrelled with Chisholm and joined a band of cattle rustlers, killing as many of Chisholm's men as he could in the process. Pat Garrett was elected sheriff to capture Billy the Kid. He did this, but Billy shot two deputies and escaped from his cell just before he was due to be hanged. He was caught by Garrett two months and five murders later and shot dead in a gunfight. He was said to have shot twenty-one men, but in fact he probably only killed three. Find in the text The English equivalents for the words and expressions below. – скотокрад; – стать подмастерьем у кузнеца; – быть выбранным шерифом; – тюремная камера; – застрелить кого-либо в перестрелке. Bonnie and Clyde (Bonnie Parker and Clyde Barrow),d.1934 In the days of the depression in America after 1929, these two young people made a great name for themselves robbing stores and committing murders quite casually and often for the sheer fun of it. Bonnie Parker was a waitress when she met Clyde Barrow, and she ended up a legendary figure known for her love of red dresses, cigars and firearms. Working in the southern states of the USA they left behind a trail of destruction. On several occasions they were trapped by the police, but seemed to bear a charmed life and escaped even through a hail bullets. On one occasion they 67

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held up a prison farm killing a guard and helping a friend to escape. Huge rewards were by then offered for their capture. Following a tip-off, the police finally ambushed Bonnie and Clyde at a crossroads and killed them in the gunfight that followed. In 1967 a film was made of their exploits, which resulted in the two becoming almost cult figures, and a pop song was written about them, which became a best-selling record. Find in the text the English equivalents for the expressions below. – убить кого-либо в перестрелке; – оставить за собой след разрушения; – секретная информация, предоставленная в качестве предупреждения; – быть пойманным полицией; – сделать себе громкое имя; – подвиг; – предложить вознаграждение за захват преступника; – только ради удовольствия; – ограбить магазин; – совершить убийство; – остановить и ограбить; – экономический кризис; – сбежать под градом пуль; – быть удачливым; – устроить кому-либо засаду. Butch Cassidy, 1866-1910 and the Sundance Kid, d.1910 Butch Cassidy, whose real name was Robert Leroy Parker, was the leader of a gang of American outlaws called the Wild Bunch who operated mainly from a secure hideout in Wyoming Territory called Hole in the Wall. Other members of the gang were the Sundance Kid (real name Harry Longbaugh), Bill "News" Carver, Ben Kilpatrick and Harvey Logan. The Wild Bunch rustled cattle, held up banks and robbed trains, all with varied success. On one occasion they stole $40,000 in notes that were so new that they had not been signed, and their clumsy attempts to forge the signatures failed miserably. Having made things too hot for themselves by robbing the Union Pacific railway rather too frequently, in 1902 Butch Cassidy and the Sundance Kid moved to South America accompanied by pretty schoolteacher Etta Place. This combination carried out a number of robberies, before the two outlaws were ambushed and killed in a gunfight with the Bolivian army in 1910. However, rumours persist that either one or both men returned to the USA and lived on peacefully to die of old age. The film of their life and death, "Butch Cassidy and the Sundance Kid", starring Paul Newman and Robert Redford, managed to catch the flavour of criminal exploits almost perfectly. Match each word or expression on the left with the correct definition on the right. a) to make it hot for sb. 1. a bold or adventurous act b) to forge a signature 2. to take property from a person unlawfully c) an exploit 3. a person punished by being placed outside the protection of the law d) outlaw 4. a secret place where one cannot be found e) a hideout 5. to attack sb. suddenly from a hidden place f) to hold up 6. to make a copy of a signature in order to deceive g) to rob 7. to steal cattle h) to ambush 8. to stop and rob i) to rustle cattle 9. to cause a situation to become dangerous

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Crippen, Dr. Hawley, 1882-1910 Crippen is famous as a murderer mainly because he was the first one to be caught by the use of wireless telegraphy. He was an American-born doctor who settled in London in 1900 with his wife Cora who had theatrical ambitions and used the stage name Belle Elmore. In 1910 Crippen's wife vanished in suspicious circumstances and when the house was searched her dismembered body was discovered buried in a cellar. She had been poisoned. Meanwhile Crippen had fled with his girlfriend Ethel Le Neve, who was disguised as a boy. They thought that they were safe once they boarded the liner Montrose for America, but the authorities used the newly invented wireless to pass on a warning to the ship's captain. Shortly afterwards "Mr Robinson" and his "son" were recognised and Crippen and Le Neve were arrested in New York and return to Britain. Largely due to Crippen's insistence that she knew nothing of the crime, Ethel Le Neve was freed, but the mild, inoffensive looking little man was hanged at Pentonville prison on 23 rd November 1910. It was for his evidence given at the Crippen trial that Sir Bernard Spilsbury, the Home Office pathologist, first made a name. Find in the text the synonyms for the expressions in brackets. 1. Those with (a strong desire to be successful) usually work hard. 2. The house was (examined carefully) in order to find the body. 3. He (used a strange appearance in order to hide) his looks, but he could not change his voice. Kidd, Captain William, 1645 - 1701 A privateer was a private person (a civilian not in the navy) who was given a commission to attack the King's enemies at sea and traditionally there was always a thin line dividing privateering from piracy. In 1965 William Kidd, a Scotsman who had emigrated to Boston, Massachusetts, was given a commission by William III to arrest all pirates and also a commission to act as a privateer against the French. He fitted out the brig Adventure and in 1697 sailed to Madagascar, the lair of many pirates at that time. But instead of attacking the pirates, he joined forces with them and began capturing merchant ships and plundering local trade. He deserted his ship and went to New York, offering treasure to the governor and claiming to be able to explain his actions. However, he was arrested and sent to England for trial where he was hanged in 1701. About £14.000 of treasure was recovered from his ship and from a hiding place near Long Island, though there is still supposed to be a lot of Captain Kidd's treasure waiting to be found. Explain the meaning of the underlined words and expressions. Luciano, Charles "Lucky" (Salvatore Luciana), 1897-1962 "Lucky" Luciano, so called because he led a charmed life and avoided assassination, was one of the most powerful leaders of the Mafia in the USA. Having risen to be a trusted lieutenant of Joe Masseria ("Joe the Boss"), he had him killed in 1931. This was the first step Luciano was to make in getting rid of the old guard of the Mafia, to make way for younger men like himself. In the reorganisation that followed Luciano became capo or head of one of the five New York Mafia "Families". He became the most powerful chieftain in the Mafia, and formed alliances with gangsters of other national groups such as the Jews and Irish-Americans. In 1936 he was sent to prison but paroled in 1945 because of his and the Mafia's secret work for the US government during the Second World War. Afterwards he was deported to Italy, from where he ran the European end of the Mafia's drugs operation. Match each word and expression on the left with the correct definition on the right. a) to lead a charmed life 1. to jail b) an assassination 2. a member of a gang of armed criminals c) a gangster 3. a murder for political reasons d) to send to prison 4. to free a prisoner on a promise that he will not repeat a crime e) to parole 5. to be lucky

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Mata Hari (born Gerda Zelle), 1876-1917 Mata Hari, who was executed (a) by a firing squad in France in October 1917, is probably the most famous spy of all time. She is renown for her beauty, her numerous military lovers, her provocative Oriental dancing, and, above all, her espionage. Yet in fact, she was not Oriental, or even a spy (b). Mata Hari was a stage name adopted by a plump middle-aged Dutch divorcee, named Mrs. Margaretha MacLeod, who had left her alcoholic Scottish husband in the Netherlands East Indies (not Indonesia) and opted to become a dancer in Europe. The evidence (c) of her alleged (d) espionage on behalf of the German Kaiser is based merely on her being mistaken for a well-known German agent Clara Benedix, by the British in November 1916. In that month Mrs. Macleod was arrested in Falmouth, Cornwall, on board of the ship Hollandia while she was on her way to Holland. The police released her when they realized the mistake. Later she was arrested in France and charged with (e) having been in contact with German intelligence officers in Madrid (though she had never been there). At her trial in Paris her lurid life-style was used to damning effect. It was only in 1963, when the secret files relating to her case released, that the legend was reassessed. Most historians now tink that, far from being a spy, Mata Hari was simply an innocent scapegoat – shot because the French government wanted to cover up its military ineptitude by fabricating an all-powerful ring of German agents. Complete the following sentences with the underlined words from the text. 1. There was not enough ______ to prove him guilty. 2. He was _______ for murdering his wife. 3. In your statement, are you ______ that the accused man was seen at the scene of the crime? 4. He was told to ______ on the enemy's movements. 5. The criminal was ______ with murder. Laws in Babylon Task 1. Give English equivalents for the following words and expressions. Consult the text after you complete the task. – кровная месть; – состоять из; – устанавливать закон; – составлять документ; – налог; – налагать штраф; – расплата; – разборчивый, чёткий; – лжесвидетель; – наследство; – храм; One of the most detailed ancient legal codes was drawn up in about 1758 B.C. by Hammurabi, a king of Babylonia. The entire code, consisting of 282 paragraphs, was carved into a great stone pillar, which was set up in a temple to the Babylonian god Marduk so that it could be read by every citizen. The pillar, lost for centuries after the fall of Babylon in the 16 th century B.C., was rediscovered by a French archaeologist in 1901 amid the ruins of the Persian city of Susa. Hammurabi's words were still legible. The pillar is now in the Louvre museum in Paris. The laws laid down by Hammurabi were more extensive than any that had gone before. They covered crime, divorce and marriage, the rights of slave owners and slaves, the settlement of debts, inheritance and property contracts; there were even regulations about taxes and the prices of goods. Punishments under the code were often harsh. Not only murderers but also thieves and false accusers faced the death penalty. And a child who hit his father could expect to lose the hand that struck the blow. Nevertheless, Hammurabi's laws represented an advance on earlier tribal customs, because the penalty could not be forfeit for an eye. The code outlawed private blood feuds and banned the tradition by which a man could kidnap and keep the woman he wanted for his bride. In addition, the new laws took account of the circumstances of the offender as well as of the offence. So a lower-ranking citizen who lost a civil case would be fined less than an aristocrat in the same position – though he would also be awarded less if he won. 70

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Task 2. Answer the questions. 1. Why do you think Hammurabi decided to have his laws carved into a pillar? 2. List the spheres of human life covered by Hammurabi's code. Explain the choice. 3. Why do you think people of different ranks were treated differently by Hammurabi's code? Sunday Blues Task 1. Read the text. The so-called blue laws in the United States might better be called Sunday laws, because their intent has been to restrict or forbid business, trade, paid work, or other commercial activities on Sunday, the Sabbath of major Christian sects. In the mid-1980s blue laws had been repealed or simply ignored in many parts of the nation but continued to be observed in certain religious communities. Secular arguments against blue laws are that they violate the constitutional guarantee of separation of church and state and favour one religion, Christianity. A secular argument supporting them is that everybody needs a day of rest each week. Proscribing work on Sundays goes back at least to 4th -century Rome under Constantine the Great, and the practice was strictly supported in the religion-oriented American colonies. The term blue law is said to have arisen from a list of Sabbath rules, printed on blue paper for residents of New-Haven, Connecticut, in 1781. Task 2.Find in the text the words that mean the opposite. to unite; to pay attention to; minor; for; to allow. Task 3. Find in the text the words that correspond to the following definitions. – to regulate, limit; to revoke a law; to maintain a condition, course or action without interruption; to comply with, infringe; to put outside the protection of the law; meaning, significance. The Vampire of South Kensington The acid-bath murder In the basement of a house in South Kensington, John Haigh would conduct his 'experiments': into a bath of sulphuric acid he would drop live mice and watch them as they slowly disintegrated. Here between 1944 and 1949 Haigh murdered at least four people and drank their blood before disposing of their bodies in the acid bath. His trial at Lewes Assizes in July 1949 attracted enormous publicity and his wax-work effigy is still looked for avidly in the Chamber of Horrors at Madame Tussaud's. Haigh was born in 1909. His parents were both members of the Plymouth Brethren religious sect to whom all human pleasure was sinful and even the reading of newspapers frowned upon. John was brought up under the strictest discipline and often subjected to paternal punishment. He developed a strong sense of 'self control' and recalled in later life.' I remained superficially quiet while I was being punished., but inside I was a boiling cauldron. I used to feel bitterly resentful but I learnt not to show my feelings'. As a child he had frequently recurring nightmares, often involving blood and violence. He married in 1934 but soon he left his wife after serving his first prison sentence for fraud. During the following years he was in and out of prison on a series of petty thefts. In 1943 he settled at the Onslow Court Hotel, Queen's Gate, South Kensington, where he remained for the next six years. Haigh committed his first murder in 1944 when he killed young Donald Mc Swann, whose father had previously employed him as a secretary and chauffeur. He met Donald at the Goat public house, Kensington High Street, and took him back to his Gloucester Road basement where he hit him on the head with a cosh. 'Then I went out', said Haigh, 'and fetched a drinking glass, 'made an incision in his body with a penknife, and collected a glass of blood which I drank. He was dead within five minutes or so. I then put him in a forty-gallon tank into which I poured sulphuric acid. I later disposed of his remains down a manhole in the basement.' Haigh subsequently murdered Donald's mother and father in exactly the same way. A few months after killing Donald McSwann, Haigh met a young woman about thirty-five years of age on Hammersmith Bridge and invited her back to his 'flat' in Gloucester Road. 'She 71

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came with me to the basement where I duly knocked her on the head with a cosh and tapped her for blood. She, too, was disposed of in the acid bath. Haigh also had a 'workroom' in Leopold Road, Crawley. Here, too, ha had an acid bath in which he dissolved several more victims. In February 1949, Haigh invited a fellow guest at the Onslow Court Hotel, a Mrs DurandDeacon, to visit his Crawley workroom. He shot her through the head, drank her blood and put her body in the acid tank. Accompanied by another hotel guest he went to the police to report Mrs Durand-Deacon missing. Following this report the police became suspicious of Haigh, and their investigations led to his Crawley workroom where they found traces of a human body that the acid had failed to obliterate, including a set of false teeth. They also found the handbag Mrs DurandDeacon had been carrying on the night of the murder. On his arrest, Haigh admitted to the murder but pleaded insanity. He was convicted, however, and hanged at Wandsworth Prison on 6 August 1949. The site of Haigh's gruesome crimes can still be seen by those tourists intrepid enough to explore the back streets of London'd South Kensington. Reading for gist and detail. A. The text below looks at another kind of dilemma. What is it? B. Answer questions 1-6, referring to the text as necessary. 1. What happened to Derek Heyson and his wife in 1985? 2. When and why were Elizabeth Heyson and Jens Züring arrested? 3. What is Elithabeth's current situation? 4. What is Züring's current situation? 5. Why is he fighting extradition to the United States? 6. What does the European Court believe is a contravention of the Convention of Human Rights? What would you advise the British Government to do? Would you response be different if:  you were an American citizen?  you were a British citizen? If you were a member of the British Government and you had to vote on this issue, which way would you vote? Count up the votes, and find out what the class decision is. British Government in Moral Dilemma One fateful night in 1985, in Lynchburg, Virginia, Derek Heyson and his wife, an elderly couple, were stabbed death in their own home. Such force had been used to carry out the brutal murder that both heads were almost severed from the bodies. Although no arrests were made, it was thought that the couple's daughter, Elizabeth, and her boyfriend, German Jen Züring, might be involved. It was several months later, however, in June 1986, that they were arrested by chance on a charge of cheque fraud in the United Kingdom. By August of that year, the United States had requested extradition of the couple to stand trial in the US for the double murder of the Heysons. Their daughter accepted extradition, returned to the States in May 1987, and confessed to being an accessory to the crime, claiming that Züring had actually committed the murders. She has since been sentenced to 90 years' imprisonment. Extradition to the US is being fought by Züring's lawyers, as Züring is hoping to be tried in the UK or Germany. Why? Because his punishment if convicted in either European country would be life imprisonment; in the United States he would face the electric chair. So, what is the dilemma? In 1972 Britain signed an extradition treaty with the United States. However, European tradition upholds the Convention of Human Rights, which, it is maintained, the United States contravenes by its treatment of prisoners facing the death penalty. Note that it is the treatment of prisoners which is the problem, not the death penalty itself. Most prisoners sentenced to capital punishment in the States wait an average six to eight years before the sentence is carried 72

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out. This delay is due to the appeals that take place after sentence has been passed – appeals intended to eradicate any trace of doubt as to the guilt of the offender. The European Court maintains that the delays are only a 'carrot you hold out while you torture people, till you kill them.' The European Court has, in fact, blocked the extradition of Jens Züring under Article 3 of the Convention of Human Rights, which states that no human being should be made to suffer inhumane or degrading treatment. Should the British Government disobey the European Court ruling and extradite Jens Züring? Or should they break the extradition treaty of 1972 with the United States? Either way, their position is unenviable. Corruption and Remedies against it During a research recently carried out by TRANSCRIME on corruption in the 15 European Union countries, six main patterns of corruption and different patterns of criminal responses to corruption were outlined:  systematic corruption (Italy, France, Spain and Belgium);  emerging systematic corruption (Germany and Greece);  sporadic corruption (Ireland, Austria and Portugal);  Casual corruption (the Netherlands, Finland, Denmark and Sweden);  English corruption (United Kingdom);  managing others' corruption (Luxembourg). With reference to legal responses the main criteria used for this analysis were: a) the definition of the crime of corruption; b) the distinction between passive and action corruption; c) the definition of passive and active subjects involved in the crime of corruption; and d) sanctions. The results show that there is less homogeneity with respect to the definition of the crime of corruption. The differences in definition are related to the fact that corruption takes on different forms in the various European countries, depending on each cultural and social context. It is important to study the cultural background of the various countries in order to discover the constant elements of corruption and thus to adopt the most effective preventive measures. For instance, when referring to ''corruption prone environment'' in Italy, we are talking about a phenomenon that is deeply rooted in the cultural tradition of Italian society, in the sense that corrupt activities are practised and accepted by normal citizens. The penal codes of the United Kingdom and Germany envisage various levels of corruption crimes (misdemeanours or felonies ), according to the position held by the actor. Another distinction is related to the nature of the corruption act, in that it may be linked with, or contrary to the functional role of the actor. In the case of the passive receipt of a bribe by a public official in order to speed up a service for which he/she is competent, the penalty of a fine is envisaged. On the other hand, a public official who authorises the issuance of a licence although this is not under his/her competence, is committing an offence. In Austria (Article 304, paragraph 1), Denmark (Article 144), Finland (Article 40), Germany (paragraph 332), the Netherlands (Article 363) passive corruption involving abuse of the public function is punished with a higher penalty than in the case of corruption that does not involve the abuse of a public function. Vocabulary notes remedy – 1) средство от болезни, лекарство; 2) средство, мера (против чего-либо); 3) средство судебной защиты, средство защиты права. pattern – модель; система. sporadic – единичный, случайный. casual – 1) случайный; 2) непреднамеренный; 3) случайный, нерегулярный. criterion (Lat) – критерий; pl. criteria distinction – различие, отличие, разница homogeneity – однородность 73

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to be related – относиться, иметь отношение background – предпосылка, данные, объяснение, фон, истоки prone – склонный; prone to anger – вспыльчивый; He is prone to prompt action. – Он склонен к быстрым действиям. environment – окружающая обстановка; окружающая среда rooted – вкоренившийся, коренящийся penal – уголовный the penal code – уголовный кодекс to envisage – предусматривать, рассматривать misdemeanour – судебно наказуемый проступок, преступление felony – уголовное преступление contrary to – противоположный bribe – взятка Words and Grammar a) Write down the nouns formed from the following verbs: to research – research to service – …………. to corrupt – …………. to issue – …………… to respond – …………. to penalize – ………… to outline – ………….. to fine – ……………… to refer – ……………. to break – …………….. to define – …………… to notify – …………… to link – ………………. b) Write down the nouns from which the following adjectives are formed: criminal – crime systematic – ………. normal – ……….. cultural – …………. functional – …….. effective – …………. corrupt – ………..

3. jury (n) – присяжные; jury service – работа присяжным заседателем / обязанности присяжного заседателя / juror (n) – присяжный заседатель; juror panel – список присяжных 4 impartial (adj) – беспристрастный; справедливый; impartiality (n) – беспристрастие; справедливость

4. legal issue – правовой вопрос

5. to meet requirements – соответствовать, отвечать требованиям 7. to be excused from smth. / to be exempt from smth – (e.g. jury service) – быть освобождённым от чего-л (работы в суде присяжным) 9. challenge – 1(n) – юр. отвод (присяжных) 2 (v) – давать отвод присяжным challenge for cause – обоснованный, мотивированный отвод / отвод с указанием

6. to meet requirements – подходить для чего-либо 8. to take an oath – дать клятву

4. to select smth./smb. at random – выбрать что-л / кого-л. наугад

10. settlement (n) – компромиссное решение; урегулирование 11. VOIR DIRE (n)– процесс дознания 74

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причины, по причине/ peremptory challenge – отвод без указания причины

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