Unit 29 I

• Ex. I. Scan through the text. Restore the word order in the questions that follow and answer them.

Jury is a group of laymen who participate in deciding cases brought to trial. These laymen are'recruited at random from the widest population for the trial of a particular case. They are al­lowed to deliberate in secrecy, to reach a'decision, and to make it public without giving reasons. Throughout its history, it has been both overpraised as a charter of liberty and overcriticized as a reliance on incompetent amateurs in the administration of justice. Most jurisdictions exempt some groups from jury ser­vice: police officers, lawyers and doctors. All jurisdictions ex­cuse jurors if the service imposes undue hardship. The com­mitment of important decisions to a random group of laypersons are moderated by an elaborate screening, voir dire, which is conducted by trial counsel before a triaMThe law permits coun­sel to challenge prospective jurors either for cause (challenge for cause), if there is specific likelihood of bias or, for a limited number, to challenge them without having to give a reason (peremptory challenge). ^Criminal cases are brought by the state against a person or persons accused of having committed a crime. The state is called the plaintiff; the accused person is ' called the defendant. The charge against the defendant is called a complaint. The defendant pleads not guilty and the jury should presume the defendant's innocence throughout the entire trial unless the plaintiff proves that the defendant is guilty. In criminal cases the Y^rdict must be unanimous, that is, all jurors (traditionally 12) must agree that the defendant is guilty in order to overcome the presumption of innocence. When they cannot agree on a verdict (termed a hung jury in the United States), the judge declares a mistrial, which means the case must be tried anew.

Laymen ['leiman] - неспециалисты; at random ['raendsm] - наугад; deliberate - обдумывать; in secrecy ['si:krisi] - тай­но; reach a decision –прийтикрешению; reliance [ri'laians] - зависимость; incompetent [in'kprnpitant] - не­компетентный; amateur - дилетант; administration of jus­tice –отправлениеправосудия; jurisdiction [d3U9ris'dik/an]- судебнаяпрактика; exempt [ig'zempt] - исключать; excuse [iks'kju:z] –освобождатьотобязанности; undue On'dju:] - чрезмерный; hardship - неудобство; commitment - пере­дача; moderate [’mDdareit] - смягчать; elaborate [I'laebarit] –тщательноразработанный; screening - отбор; voir dire (говоритьправду) - допроссудомприсяжногонапредметвыясненияегобеспристрастностиинепредубежденности; trial counsel [’kaunssl] - адвокат, выступающийвсуде; challenge for cause –отводпоконкретномуоснованию; likelihood - вероятность; bias ['baias] - предубеждение; peremptory challenge –отводбезуказанияпричины; hung jury –составприсяжных, непришедшийкединомумне­нию; mistrial –судебныйпроцессбезединодушногоре­шенияприсяжных.

1) Who in deciding cases brought to trial participates? 2) Who recruited at random from the is widest population for the trial of a particular case? 3) Who allowed to deliberate in secrecy, to reach a decision, is and to make it public without giving rea­sons? 4) Was jury as a charter of liberty overpraised? 5) Was jury as a reliance on incompetent amateurs in the administration of justice overcriticized? 6) What groups of people exempted from jury service are? 7) What conducted by trial counsel be­fore a trial is? 8) What meant is by the term “challenge for cause”? 9) What meant is by the term “peremptory challenge”?

7. What cases are by the state against persons accused of hav­ing committed a crime brought? 11) Who is the plaintiff called?

10. Who is the defendant called? 13) What called is a corn-

plaint? 14) What the jury should presume if the defendant pleads not guilty? 15) What verdict be in criminal cases must?

16. What is by the term “unanimous” meant? 17) When the judge declare a mistrial does? 18) What is by the term “mis­trial” meant?

• Ex. II. Agree or disagree with the following statements.

1) Jury is a group of professionals. 2) These laymen do not par­ticipate in deciding cases brought to trial. 3) These laymen are selected at random. 4) These laymen are not allowed to deliber­ate in secrecy. 5) These laymen reach a decision secretly.

5. These laymen make their decision public. 7) Jury is over­praised as a charter of democracy. 8) Jury is overcriticized as a reliance on competent professionals in the administration of justice. 9) Most jurisdictions exempt amateurs from jury ser­vice. 10) All jurisdictions don’t excuse jurors if the service im­poses undue hardship. 11) The law permits counsel to challenge probable jurors for cause. 12) The law permits counsel to chal­lenge suppositional jurors without giving a reason.

• Ex. III. Restore the word order in the following statements.

1) Jury a group of laymen is. 2) These laymen in deciding cases brought to trial participate. 3) These laymen recruited at random are. 4) These laymen are to deliberate in secrecy allowed.

4. These laymen are allowed to a decision reach. 6) These lay­men their decision public without giving reasons are allowed to make. 7) Jury is as a charter of liberty overpraised. 8) Jury is as a reliance on incompetent amateurs in the administration of jus­tice overcriticized. 9) Most jurisdictions police officers from jury service exempt. 10) All jurisdictions jurors if the service imposes undue hardship excuse. 11) The law counsel to chal­lenge prospective jurors for cause permits. 12) The law counsel to challenge prospective jurors without giving a permits reason.

• Ex. IV. Translate the following words and phrases from Russian into English.

Неспециалисты; наугад; обдумывать; тайно; прийти к ре­шению; зависимость; передача; смягчать; тщательно разра­ботанный; отбор; говорить правду; адвокат, выступающий в суде; отвод по конкретному основанию; вероятность; предубеждение; отвод без указания причины; состав при­сяжных, не пришедший к единому мнению; отправление правосудия; судебная практика; исключать; освобождать от обязанности; чрезмерный; неудобство; судебный процесс без единодушного решения присяжных.

• Ex. V. Complete the following statements.

1. Jury is ... 2) These laymen are recruited ... 3) These laymen are allowed ... 4) Jury is overpraised as ... 5) Jury is overcriti­cized as ... 6) Most jurisdictions exempt ... from jury service.

5. All jurisdictions' excuse jurors if ... 8) Voir dire is conducted by ... 9) The law permits counsel to challenge ... 10) Criminal cases are brought by ... against ... 11) The state is called ...

12. The accused person is called ... 13) The charge against the defendant is called ... 14) The defendant pleads ... 15) The jury should presume ... 16) In criminal cases the verdict must be 17) All jurors must agree ... 18) The judge declares a mistrial when ...

• Ex. VI. Choose one topic to speak about jury: a) its selection; b) its challenge for cause; c) its peremptory challenge; d) its verdict. Re­tell the text Jury.

CHAPTER VIII

IMPRISONMENT

■jUNIT 30 I

• Ex. I. Scan through the text. Restore the word order in the questions that follow and answer them.

Prisons.The idea of imprisonment as a form of punishment is relatively modern. Until the late 18th century, prisons were used primarily for the confinement of debtors who could not pay, of accused persons waiting to be tried, and of those convicted per­sons waiting for their sentences—death or transportation. Since the late 18th century, with the decline of capital punishment (death penalty), the prison has come to be used also as a ₍place of punishment, With the abolition of transportation, the prison has become the principal sanction for most serious crimes. Con­cern over prison conditions has not diminished over the years. Problems of security and the protection of prisoners from,vio­lence on the part of other prisoners have been compounded by the difficulties arising from overcrowding, as prison populations in most countries continue to grow. The people who make up the populations of most prison systems have many characteris­tics in common.? The populations of most prison systems are predominantly male—in England males outnumber females by 28 to 1 (although themumber of women in prison is rising at a higher rate than the number of men)—and relatively young— nearly 70 percent Of those in custody are under the age of 30. fTo be in custody means to be kept in prison by the police until you go to court, because the police (think you are guilty.] Most offenders in prison have a number of previous convictions; the offenses they have committed are most commonly burglary, theft, violence, or robbery. A similar picture is revealed by U.S.

statistics; the most common offenses for which prisoners are in custody are burglary and robbery. [Burglary is the crime of get­ting into a building to steal things. Violence is behaviour that is intended to hurt other people physically. Robbery is the crime of stealing things from a bank, shop etc, especially using vio­lence.]

Imprisonment [im'prizanmant] –тюремноезаключение; primarily [’praimarili] –главнымобразом; confinement [kan'fainmant] –лишениесвободы, заключениеподстра­жу; convicted person - осужденный; transportation - транспортация (ссылатьзаморякаквидуголовногонаказания); abolition [aeba'lijэп] - отмена; concern [kan’sa:n] - забота, беспокойство; diminish [di'minij] - уменьшаться; compound [kam'paund] - усугублять; predominantly [pri'dDminantli] –главнымобразом; in custody –содержащийсяподстра­жей; previous conviction - судимость; burglary [’ba:glari] –ночнаякражасовзломом; robbery [’nbari] –грабежсна­силиемилиразбой.

1) What prisons were used primarily for until the late 18th cen­tury? 2) Why the prison has come to be used as a place of pun­ishment? 3) When the prison has become the principal sanction for most serious crimes? 4) What not diminished over the years has? 5) What have problems come into being as prison popula­tions in most countries continue to grow? 6) What make people up the populations of most prison systems? 7) What the most common offenses for which prisoners are are in custody?

• Ex. II. Agree or disagree with the following statements.

1. The idea of imprisonment as a form of punishment is old.

2. Prisons were used for the confinement of debtors who didn’t want to pay. 3) Prisons were used for the confinement of ac­cused persons waiting to be freed. 4) Prisons were a deterrent to innocent persons. 5) With the abolition of death penalty, the prison has come to be used as a place of punishment. 6) With the decline of transportation, the prison has become the princi­pal sanction for most serious crimes. 7) Concern over prison conditions includes the protection of prisoners from violence on the part of warders and prisoners of conscience. 8) Concern over prison conditions includes the difficulties arising from overcrowding of mass and solitary cells. 9) Prison populations cease to grow. 10) Prison populations are predominantly female and relatively old.

• Ex. III. Restore the word order in the following statements.

1. The idea is of imprisonment as a form of punishment rela­tively modern. 2) Prisons used were for the confinement of debtors who could not pay. 3) Prisons were for the confinement of accused persons waiting to be tried used. 4) Prisons for the confinement of those convicted persons waiting for their sen­tences were used. 5) With the decline of death penalty, the prison a place of punishment has come to be used as. 6) With the abolition of transportation, the prison the principal sanction for most serious crimes has become. 7) Concern over prison conditions the protection of prisoners from violence on the part of other prisoners includes. 8) Concern over prison conditions the difficulties arising from overcrowding includes. 9) Prison populations to continue grow. 10) Prison populations predomi­nantly male and relatively young are.

• Ex. IV. Translate the following words and phrases from Russian into English.

Тюремное заключение; тюремный надзиратель; содержа­щийся под стражей; лишение свободы; осужденный; обви­няемый; транспортация; камера одиночного заключения; приговор; должник; судимость; ночная кража совзломом; грабеж с насилием или разбой; санкция; население; узник совести; правонарушение; безопасность; защита; насилие; продолжаться; виновный; общая камера.Theideaofimprisonmentasaformofpunishmentis ...

1. Prisons were used for ... 3) With the decline of death pen­alty, the prison has come to be ... 4) With the abolition of transportation, the prison has become ... 5) Concern over prison conditions includes ... 6) Prison populations continue ...

4. Prison populations are ...

• Ex. VI. Choose one topic to speak about a) prison as a place of confinement; b) prison as a place of punishment; c) prison condi­tions; d) prison populations. Retell the text Prisons.

• Ex. I. Scan through the text. Work in pairs to question, the text and to give answers.

Types of prisons.Prisons are classified administratively as lo­cal or central prisons. Local prisons serve a variety of pur­poses—holding prisoners awaiting trial or sentencing and pris­oners serving shorter sentences, up to about 18 months. There the worst overcrowding occurs. Prisoners serving longer sen­tences are detained in central prisons. Central prisons are large maximum-s^ui^ty prisons holding more than 1,000 offenders in conditions of strict security. For security, prisoners are classi­fied into four categories, from A (prisoners likely to attempt escape, and constituting, if successful, a significant danger to the public) to D (prisoners who can be trusted to work in condi­tions of minimal security). Prisoners who are not considered a danger to the community may be confined in low-security or open prisons, where there is normally no obstacle to a prisoner's absconding. Women are normally held in separate institutions. Young people who have done something illegal are kept in de­tention centres because they are too young to go to prison. The purpose of these institutions is rather treatment or correction than punishment. Detention centres for young offenders serving sentences that must not exceed .four months are based on the principle of strict discipline and physical activity; research has failed to show, however, that it is an effective deterrent to fur­ther crime.

Serve a sentence –отбыватьнаказание; long sentence - ■длительныйсроклишениясвободы; short sentence - крат­кийсроклишениясвободы; detain [di'tein] –содержатьподстражей; security –режимвтюрьме; maximum- security prison –тюрьмасмаксимальнойизоляциейза­ключенных; strict / high security –строгийрежим; medium security –режимсреднейстрогости; minimum security –общийрежим; likely - склонный; escape - побег; constitute - составлять; confine –держатьвзаперти; open prison –тюрьмаоткрытоготипа (неохраняемая); abscond [sb'skimd] –скрыватьсяотправосудия; treatment –исправлениепре­ступников; detention centre –центрдлясодержанияподстражейзадержанныхправонарушителей; discipline ['disiplin] - дисциплина.

• Ex. II. Agree or disagree with the following statements.

1) Prisons are classified administratively as rural or municipal prisons. 2) Local prisons hold prisoners awaiting their release from prison. 3) Local prisons hold prisoners serving longer sen­tences. 4) The worst overcrowding occurs in and characterizes central prisons. 5) Prisoners serving shorter sentences are de­tained in central prisons. 6) Central prisons are open prisons. 7) Central prisons hold prisoners in conditions of low security. 8) Prisoners who are likely to attempt escape, and constituting, if successful a significant danger to the public must be confined in low-security prisons. 9) Prisoners who are not considered a danger to the community may be confined in high-security pris­ons. 10) There are normally some obstacles to a prisoner's ab­sconding in open prisons. 11) Females are normally held to­gether with males. 12) Young offenders are kept in large maxi-mum-security prisons. 13) Young offenders must not go to prison. 14) The purpose of detention centres is rather punish­ment than treatment. 15) Young offenders are to serve sentences that must not exceed twelve months. 16) Detention centres are based on the principle of permissiveness and mental activity.

16. Detention centres are an effective deterrent to further crime.

• Ex. III. Restore the word order in the following statements.

1) Prisons classified administratively as local or central prisons are. 2) Local prisons prisoners awaiting trial or sentencing hold.

2. Local prisons prisoners serving shorter sentences hold.

3. The worst overcrowding and characterizes local prisons oc­curs in. 5) Prisoners serving longer sentences in central prisons are detained. 6) Central prisons large maximum-security prisons are. 7) Central prisons prisoners in conditions of strict security hold. 8) Prisoners who are likely to attempt escape, and consti­tuting, if successful, a significant danger to the public in high- security prisons must be confined. 9) Prisoners who are not considered a danger to the community in low-security prisons may be confined. 10) There normally no obstacle to a prisoner's absconding in open prisons is. 11) Women normally held in separate institutions are. 12) Young offenders are in detention centres kept. 13) Young offenders too young to go to prison are.

14. The purpose of detention centres rather treatment than pun­ishment is. 15) Young offenders to serve sentences that must not are exceed four months. 16) Detention centres the principle of strict discipline and physical activity are based on. 17) Detention centres not an effective deterrent to further crime are.

• Ex. IV. Translate the following words and phrases from Russian into English.

Режим в тюрьме; задержание; тюрьма с максимальной изо­ляцией заключенных; режим средней строгости; сельский; общий режим; содержать под стражей; держать взаперти; неохраняемая тюрьма; скрываться от правосудия; строгий режим; незаконный; исправление преступников; побег; го­родской; центр для содержания под стражей задержанныхправонарушителей; отбывать наказание; поведение, не представляющее опасности; освобождение из тюрьмы; все­дозволенность.

• Ex. V. Complete the following statements.

1. Prisons are classified administratively as ... 2) Local prisons hold prisoners awaiting ... 3) Local prisons hold prisoners serv­ing ... 4) The worst overcrowding occurs in and characterizes ... 5) Prisoners serving longer sentences are detained in ... 6) Central prisons are ... 7) Central prisons hold prisoners.in con­ditions of ... 8) Prisoners who are likely ... must be confined in ... 9) Prisoners who are not considered a danger to the commu­nity may be confined in ... 10) There is normally no obstacle to ... in open prisons. 11) Women are held in ... 12) Young of­fenders are kept in ... 13) Young offenders are too young to go ... 14) The purpose of detention centres is ... 15) Young of­fenders are to serve ... 16) Detention centres are based on ...

15. Detention centres are not...

I

• Ex. VI. Choose one topic to speak about a) local prisons; b) central prisons; c) dangerous prisoners; d) prisoners of safe conduct; e) detention centres. Retell the text Types of prisons.