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INTERNATIONAL COMPARISONS

In some countries such as France (where there are 9 jurors), the judges and jurors decide the case together. In the United States juries decide if the defendant is guilty but sometimes also have a say in what punishment he should receive. Before World War П, Japan also had a jury system, but it was often criticized for the ease with which jurors could be bribed. Now Japan, like South Korea, is a rare example of a modem industrialized country where jurors are not used; all decisions are made by professional judges.

Most countries have special rules for young defendants. Children under ten cannot stand trial at all under English law. Juveniles (those under seventeen) are dealt with in special Magistrates Courts known as Juvenile Courts.

A defendant found guilty by the magistrates may appeal against the finding or against the punishment to the local Crown Court, and the Crown Court judge will hear the appeal without a jury. If a defendant has good reason to believe the magistrates have made a mistake about a point of law, then he may appeal to the High Court. The appeal system is mostly for the benefit of the defendant, but there are cases of the prosecution successfully appealing for a more severe punishment. In Japan it is even possible for the prosecution to appeal that a non-guilty decision be changed to guilty.

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Вариант 6

I. Перепишите предложения и преобразуйте их из прямой речи в косвенную. Письменно переведите предложения на русский язык.

1) “There are three systems of law in the UK”, Steve said.

2) “Don’t worry”, Pete asked.

3) “Do you agree with me?” Bob asked.

II. Перепишите и письменно переведите на русский язык предложения, обращая внимание на перевод условных предложений.

1. If a barrister agrees, he will take the case.

2. If is desirable that they should take part in the work of the conference.

3. If you had brought me the book, I should have read it.

III. Перепишите и письменно переведите на русский язык предложения. Обратите внимание на перевод инфинитива и инфинитивных конструкций, подчеркните их (в англ. предложении).

1. We expect him to conduct the defence.

2. He was reported to be preparing an account of the indictment.

3. It is not easy to investigate a criminal case.

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The Legal Profession.

The court system is dependent upon the legal profession to make it work. Although individuals can institute cases and defend them normally lawyers do this job for them. The legal profession is the normal source of judicial personnel for any court system.

England is almost unique in having two different kinds оf lawyers, with separate jobs in the legal system. The two kinds оf lawyers are solicitors and barristers. This division of the legal profession is due mainly to historical causes. Each branch has its own characteristic functions and a separate governing body.

The division has a number of significant impacts upon the judicial system. It is the main reason for the separation between civil and criminal courts. It also has a significant impact upon judicial appointments.

The traditional picture of the English lawyer is that the solicitor is the general practitioner, confined mainly to the office.

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