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МЕТОДИЧКА ДЛЯ ЮРИСТОВ (розовая).doc
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4. Militia

Militia is the organization which is responsible for the safety of the public. It must provide full degree of security for die society and its citizens.

The Russian Militia was founded on the 10th of November, 1917. Its tasks are: to maintain public order; to combat, investigate and prevent crime; to protect personal safety of citizens; to protect state, public, municipal, private and other forms ol'property; to regulate traffic, etc.

The Militia is now divided into the Criminal Militia and the Service of Public Security.

When information about a committed crime is got, an investigative-operative group goes out to the crime scene. The group usually consists of an inspector on duty, an investigator, a field- criminalist, a medical expert. If necessary, some other experts join them.

At the crime scene members of the group find, collect and protect evidence (fingerprints, footprints and other traces of the criminal act) by means of investigative technique. They lake pictures of the crime scene, make diagrams, etc. In short, they try to reconstruct the happening as lo "what, when, how, why and who". The crime scene examination is usually ended with drawing up a record.

5. .Jury

In England a person accused of crime must always be presumed innocent until he has been proved guilty. If a criminal case is serious it is always investigated w ith a jury. What is a jury and how does it function?

There are 12 members of the jury both men and women. There are quite a lot of people in England who think that 12 ordinary people are not capable of understanding properly all the evidence given al criminal trials. Bui there is no doubt about it because judges arc great experts in summing up the evidence. The judge calls the jury's attention to all most important points in the evidence. He

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urs neither prosecution nor defence. The members of the jury decide only the questions of fact. Questions of law are for the judge. The jury retires to a private room to consider the verdict. If the jury cannot agree, they must be discharged and a new jury is formed.

Л verdict has to be unanimous, linglish law requires that the guilt of an iccused man must be proved 'beyond reasonable doubt'. When the jury returns to the courtroom, they have to give only one answer 'Guilty' or Not guilty".

6. Four major functions of a lawyer

  1. First, lawyers counsel. This means that lawyers offer advice; even if it is advice their clients would prefer not to hear. Of course, lawyers regularly Counsel clients during negotiations and litigation.

  2. .Second, law vers negotiate. This means that they mediate between competing interests aiming for results that will prove advantageous to their clients. And, if possible, their opponents.

3. Third, lawyers draft documents. This is probably their most intellectually challenging function.

4. Fourth they litigate. This is the skill most people associate with lawyers. Ironically. on К а ыпаН fraction of lawyers devote much time to courtroom activities. In fact, the majority of attorneys never venture into a courthouse except to file legal papers with a clerk.