Английский язык. Учебное пособие по английскому языку

variously to house prisoners of war, unlawful combatants, those whose freedom is deemed a national security risk by military or civilian authorities, and members of the military found guilty of a serious crime.

Political prisons: certain countries maintain or have in the past had a system of political prisons; arguably the gulags associated with Stalinism are best known. The definition of what is and is not a political crime and a political prison is, of course, highly controversial.

Psychiatric prisons: some psychiatric facilities have characteristics of prisons, especially when confining patients who have committed a crime and are considered dangerous. In addition, many prisons have psychiatric units dedicated to housing offenders diagnosed with a wide variety of mental disorders.

Задания 5.3 Послетекстовые упражнения:

5.3.1Согласитесь или не согласитесь со следующими утверждениями:

1.A prison is a place in which people are physically confined and deprived of a range of personal freedoms.

2.Imprisonment or incarceration is an illegal penalty that may be imposed by the state for the commission of a crime.

3.A criminal suspect can’t be held on remand in prison if he is denied or unable to meet conditions of bail.

4.If found guilty, a defendant will be convicted and may receive a custodial sentence requiring imprisonment.

5.Prison accommodation, especially modern prisons in the developed world, are never divided into wings.

6.Prisons have a lot of different facilities.

7.A staff accommodation area is where staff and corrections officers live in the prison.

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5.3.2 Соотнесите виды тюрем с их функциями:

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6 Unit Kinds of Cases

Задание 6.1 Прочитайте и запомните следующие слова и словосочетания:

civil case - гражданское дело; tenant - съемщик;

plaintiff - истец; complaint - жалоба;

burden of proof - бремя доказательства; preponderance - преобладание;

to presume - предполагать; defendant - ответчик; обвиняемый; innocence - невиновность

guilty - вина;

presumption of innocence - презумпция невиновности; manslaughter - непредумышленное убийство;

to pull - нажать (на курок);

to committee suicide - покончить жизнь самоубийством; trigger - курок;

passion - страсть;

to stab - нанести удар; to confess - признаваться;

unattended - оставленный без присмотра;

probation - испытательный срок; условное осуждение; murder - убийство;

robbery - грабеж;

capital punishment - высшая мера наказания; to assault - нападать;

to be convicted of - быть обвиненным в чем-либо; expire day - дата истечения срока;

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to cancel - отменять.

Задание 6.2 Прочитайте и переведите тексты А, В, C, D, E и F. Text A. Kinds of cases

As a juror, you may sit on a criminal case, a civil case, or both.

Civil Cases

Civil cases are usually disputes between or among private citizens, corporations, governments, government agencies, and other organisations. Most often, the party bringing the suit is asking for money damages for some wrong that has been done. For example, a tenant may sue a landlord for failure to fix a leaky roof, or a landlord may sue a tenant for failure to pay rent People who have been injured may sue a person or a company they feel is responsible for the injury.

The party bringing the suit is called the plaintiff; the party being sued is called the defendant. There may be many plaintiffs or many defendants in the same case.

The plaintiff starts the lawsuit by filing a paper called a complaint, in which the case against the defendant is stated. The next paper filed is usually the answer, in which the defendant disputes what the plaintiff has said in the complaint. The defendant may also feel that there has been a wrong committed by the plaintiff, in which case a counterclaim will be filed along with the answer. It is up to the plaintiff to prove the case against the defendant. In each civil case the judge tells the jury the extent to which the plaintiff must prove the case. This is called the plaintiff's burden of proof, a burden that the plaintiff must meet in order to win. In most civil cases the plaintiff's burden is to prove the case by a preponderance of evidence, that is, that the plaintiff's version of what happened in the case is more probably true than not true.

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: five must agree if there are six jurors.

Criminal Cases

A criminal case is brought by the state or by a city or county against a person

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or persons accused of having 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 The defendant has pleaded not guilty and you should presume the defendant's innocence throughout the entire trial unless the plaintiff proves the defendant guilty. The plaintiff's burden of proof is greater in a criminal case than in a civil case. In each criminal case you hear the judge will tell you all the elements of the crime that the plaintiff must prove; the plaintiff must prove each of these elements beyond reasonable doubt before the defendant can be found guilty.

In criminal cases the verdict must be unanimous, that is, all jurors must agree that the defendant is guilty in order to overcome the presumption of innocence.

Text B. 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 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'.

Text C. Crime of Passion

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

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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-year-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.

Text D. 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 and 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.

Text E. 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 pounds.

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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 pounds and had to pay 200 pounds towards the cost of the case. A few days later she killed herself.

Text F. 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 pounds on his life. The policy was due to expire at 3 o'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.

Задание 6.3 Послетекстовые упражнения

6.3.1 Найдите в текстах эквиваленты следующих слов и словосочетаний:

a)заявление об обвинении;

b)элемент (состава) преступления;

c)презумпция невиновности;

d)показания (2);

e)истец;

f)судебное разбирательство (3);

g)денежная компенсация ущерба;

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h)единогласное решение присяжных;

i)встречный иск;

j)заслушать показания.

6.3.2 Соедините следующие выражения с их эквивалентами на русском:

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7 Supplementary texts

Text 1. Philosophers of Law

Sir Thomas More, 1478 – 1535

Sir Thomas More was an English statesman and writer, known for his religions stance against King Henry VIII that cost him his life. More was born in London and was educated at one of London's best schools. He later spent two years in the University of Oxford, mastering Latin and undergoing a thorough drilling in formal logic.

Among his important thoughts was that the reasons for crime were to be found in economic and social conditions. He believed that if people lived in a more just and humane society they would behave better. He also thought that punishment should be sensible and that people found guilty should be made to work for the good of the community. His views were far ahead of the time, so that it was only in later centuries that his book Utopia was really understood.

More's Utopia describes a pagan and communist city-state in which the institutions and policies are entirely governed by reason. The order and dignity of such a state provided a notable contrast with the unreasonable policy of Christian Europe, divided by self-interest and greed for power and riches, which More described in Book 1, written in England in 1516. Among the topics discussed by More in Utopia were penology, state-controlled education, religious pluralism, divorce, euthanasia, and women's rights. The resulting demonstration of his learning, invention, and wit established his reputation as one of the foremost Humanists. Soon translated into most European languages, Utopia became the ancestor of a new literary genre, the Utopian romance.

More's History of King Richard III, written in Latin and in English between about 1513 and 1518, is the first masterpiece of English historiography. Though never finished, it influenced succeeding historians. William Shakespeare is indebted to More for his portrait of the tyrant.

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More attracted the attention of King Henry VIII. The King made More one of his favourites and often sought his company for philosophical conversations. More became Lord Chancellor in 1529; he was the first layman to hold the post. His fortunes changed, however, when he refused to support Henry's request for a divorce from Catherine of Aragon.

As a strict Roman Catholic he disapproved of Henry VIII's attempt to break away from the church in Rome and set up his own Church of England. For failing to accept Henry as the head of the English church he was tried for treason in 1535 and beheaded at the Tower of London. He was made a saint by the Roman Catholic Church.

John Locke, 1632 – 1704

The ideas and writings of the seventeenth-century English philosopher John Locke deeply influenced the political outlook of the American colonists. Locke spelled out his political ideas in Two Treatises on Civil Government, first published in 1690. His writings were widely read and discussed in both Europe and America. Locke's ideas seemed to fit the American colonial experience. Colonial leaders such as Benjamin Franklin, Thomas Jefferson, and James Madison regarded these ideas as political truth. Locke's ideas became so influential that they have been called the "textbook of the American Revolution."

Locke reasoned that all people were born free, equal, and independent. They possessed natural rights to life, liberty, and property at the time they lived in a state of nature, before governments were formed. People contracted among themselves to form governments to protect their natural rights. Locke argued that if a government failed to protect these natural rights, the people could change that government. The people had not agreed to be governed by tyrants who threatened their rights but by rulers who defended their rights.

Locke's ideas were revolutionary in an age when monarchs still claimed they had God-given absolute powers. Locke denied that people were born with an obligation to obey their rulers. Rather, in his Second Treatise on Civil Government, Locke insisted that freedom of people under government is to have a standing rule

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