Английский язык. Профессиональная лексика для юриста. Учебное пособие

2.It’s time you began to observe laws lest you should be punished.

3.It’s time a system of ecological security was (were) created.

2.After:

a)It is important that … , It is necessary that … , It is suggested that … , It is recommended that … , etc.

1.It is necessary that the case-work (should) reconcile with an authoritative setting.

2.It is important that full-time education of 15 hours a week (should) be compulsory for young offenders.

3.It is demanded that the police officers (should) not be allowed to join a trade union or go on strike. However it is essential that all ranks (should) have their own stuff associations.

4.It is necessary that in the case of a delinquent child probation (should) be used as a form of case disposition which allows a child to live at liberty with a suitable person.

b)after the verbs suggest, demand, propose, insist, order, desire, request, recommend, etc.

1.I suggest that you (should) investigate this crime.

2.William Penn insisted that the Indians (should) be given the same treatment as the settlers.

3.The Supreme Court in its decision on May 17, 1954, demanded that segregation of races in public schools (should) be banned.

4.The police officer proposed that the victims (should) be interviewed at once.

c)after lest:

1.She fears/feared lest she should be blamed.

2.He worried lest his secret should be discovered.

3.The suspect was afraid lest his previous crimes should come out to light.

4.The accused woman kept silence lest she should begin to cry.

5.He dared not approach the window lest he should be seen from the street.

3. In certain clauses

a)wish/if only:

1.I wish I knew the truth.

2.Everybody wished his innocence were/was proved.

3.We wish you hadn’t told us a lie.

4.I wish this case would be investigated as soon as possible.

5.I wish the honourable attorney would mind his own business.

191

6.If only court took into account the fact that he pleaded guilty.

7.If only he were/was justified!

8.If only I could have helped him then!

b)as if/as though:

1.The witness looked at them as though he had never seen them before.

2.He speaks as if he were/was innocent.

3.You answer the questions as if you didn’t know the truth.

4.He felt uneasy as if he had done something wrong.

Exercise 2. Complete the sentences so as to use the Subjunctive Mood in if-clauses. Translate the sentences

a)

1.If the attorney proved your innocence, you ... (to be acquitted).

2.If he were convicted of robbery, he ... (to receive a custodial sentence).

3.If there were aggravating circumstances, the criminal ... (to be punished by eight years imprisonment).

4.If he menaced you intentionally to get some money, it ... (to be considered a blackmail).

5.If you managed to find the necessary documents, your lawyer ... (to be able to prove you are not guilty).

6.Even if I were very poor, I ... (never to commit something unlawful).

7.If the court came to the conclusion that deprivation of liberty is undesirable, it ... (to pass a suspended sentence).

8.If I were you, I immediately (to go to the police and to make a confession).

9.If the man hadn’t stolen some goods, they ... (not to take him to the police station).

10.If the SD hadn’t been found guilty of war crimes, its members ... (not to be tried by the International Tribunal in Nuremberg).

11.If the court had found it appropriate not to apply a penalty, it

... (to impose educational measures).

12.If you had committed a minor offence, you ... (only to be

fined).

13.If the neighbours hadn’t called the police, I ... (to be killed).

14.If he had committed a manslaughter in the state of affect, he ... (to be punished less severely).

15.If the jurors had not been sure of the man’s guilt, they ...

(never pass such a verdict).

192

b)

1.He would be given a life sentence if he (to be found) guilty of kidnapping.

2.The railway company wouldn’t have redeemed the damages if the woman (not to prove) her injuries.

3.You could be free now if you (to demonstrate) an exemplary behaviour.

4.The prisoner could be released if a parole board (to agree) his detention no longer serves its purpose.

5.Punishment would not be effective if the penalty (not to fi t) the offence committed.

6.The court wouldn’t have imprisoned my neighbour if he (not to be considered) a particularly dangerous recidivist.

7.Miss Smith wouldn’t be guilty of an offence if she (to do) it of dire necessity to defend her life.

8.If he had no reason, he (not to commit) such a crime.

9.The sentence could not be executed if 15 years (to elapse) since the date of the commission of the crime.

10.If the suspect hadn’t committed a fresh crime, the sentence (not to be executed).

11.If the police (not to stop) the robbers, they (to be) abroad

now.

12.If a British citizen (to commit) a murder anywhere in the world, he (to be tried) in a British court.

13.If the detective hadn’t found the murderer, the sentence (to be) quite different.

14.If the official (he may be a President) (to fi nd) guilty, he (to remove) from public office.

Exercise 3. Complete the sentences.

1.He is a very honest man. (he never/to run to a theft)

2.It’s a pity you have no witnesses. (you/to prove your alibi)

3.Our society needs a detention centre reform. (the centre/to become more reformative than punitive)

4.Luckily enough nobody is injured in the accident, otherwise...

(you/to be punished more severely)

5.Lawyers suggest having direct contacts between litigants and barristers. (it/to make legal services costs cheaper)

6.Some people believe that more severe penalties are necessary. They think... (it/to discourage reoffending)

193

7. We can’t charge private firms inexperienced in such matters with caring for difficult young people. (it/to call a storm of protest from the opposition)

Exercise 4. Transform the sentences using the Subjunctive Mood.

1. The thief broke his leg and was caught by the police. 2. He found some witnesses and managed to prove his alibi. 3. The trial didn’t last long because the suspect pleaded guilty to the murder charge. 4. We didn’t find any evidence at the scene of the crime because of the fire. 5. The driver couldn’t see well in the fog and knocked down an old woman. 6. John was imprisoned for life for his part in bomb attacks. 7. We proved it was Rob Roy. We found his fingerprints in the room. 8. You participated in the conspiracy, that’s why you are considered an accomplice.

Exercise 5. Combine the two sentences so as to use the Subjunctive Mood.

1. A probation officer must be adequately trained. It is imperative. 2. The child will live with his relative under the supervision of an agent of the court. It was determined by the court. 3. All the children had to be taught trades to prevent idleness and crime. Penn insisted on it. 4. He was released on bail. It was very strange. 5. The sitting of the court was adjourned. The judge proposed it. 6. A juvenile under fifteen was sentenced to imprisonment. – But it is impossible! 7. Custody and control of the inmates is the primary responsibility of all correctional institutions. It is prescribed by the statute.

Exercise 6. Use wish-clauses to express regret for something.

1. The juvenile committed a fresh crime during a probation period. 2. The boy has been keeping bad company. 3. The prosecutor didn’t ask this important question at the trial. 4. The jury found the young man guilty. 5. The Home Office is going to introduce a tough regime for juvenile offenders. 6. Detention centres do nothing to reduce crime. 7. Our courts will apply life sentence as an alternative to capital punishment. 8. She didn’t claim any damages after the accident. 9. Penal institutions do not reform offenders. 10. The effects of that crime were very devastating for the city. 11. The police weighed all the evidence and found the accused guilty. 12. My friend had some problems with the law.

194

Exercise 7. Complete the sentences using the proper form of the verbs in the Subjunctive Mood. Translate the sentences.

1.The law requires that the investigator (to use) only lawful investigation methods.

2.If the investigating officer (not to fi nd) this witness, it (to be) difficult to investigate the crime.

3.If they (to ban) the sale of alcohol, there (may be) less violence.

4.He (not to be arrested) if he (not to try) to leave the country.

5.It is natural that the process of investigation (to begin) with examining the scene of the crime.

6.It is essential that different investigation methods (to use) with regard of different crimes.

7.It is necessary that investigation bodies (not to use) any drugs.

8.It is desirable that the investigator (to accompany) by the photographer at the scene of the crime.

9.The criminal was very careful and tried not to leave any traces lest the police (to establish) his identity.

10.It’s time people (to realize) that it is no longer possible to settle any disputes by means of force.

11.If the counsel for the defence (to have) more facts, he might (to be able) to prove the innocence of the accused. But he didn’t have them.

12.Every country requires that people (to observe) certain norms of behaviour accepted in society.

13.I wish your evidence (to help) in identifying the criminal.

14.The investigator tried to put himself in the position of the criminal. What could he (to do) himself if he (to be) in the same situation?

15.If you (to tell) the truth, he might (to justify), but you didn’t

do it.

16.He couldn’t (to commit) the crime. On the day of robbery we were in the library together.

17.His innocence might (to prove) if the police (to collect) more facts about this accident.

18.Could he (to commit) a crime without having a motive? – No, he couldn’t (to do) it.

19.I wish the criminal could (to arrest) at the scene of the crime. If he (to arrest) there, the crime (to investigate) long ago.

20.If the police work (to see) mostly as a broad category of occupations which deal with people who are difficult to handle, in-

195

dividuals (to enter) police work because they wanted to help people and not because of their romantic ideas.

Exercise 8. Put the verb in brackets in the correct tense form in the Subjunctive Mood. Translate the sentences.

1.If a person (fi nd) guilty of a first criminal offence, he (may) receive no punishment, or be placed on probation for a period under supervision of probation officers.

2.If a burglar (come) into my room at night, I (scream), and he (run) away.

3.If you (leave) the bicycle outside, someone (steal) it. You were clever enough not to do it.

4.If he (try) to leave the country, he would have been stopped at the frontier.

5.They wouldn’t have got the children back alive, if they (not to pay) the ransom at once.

6.If a policeman had been wearing his life-jacket, perhaps, he (not to be killed).

7.If the family (not to watch) a noisy TV show, they certainly (hear) the burglar getting into the house.

8.It was the drug, not the disease that killed him. He would still be alive today if he (not to take) that drug.

9.She was sent to prison only because she had refused to pay the fine. She (not to be send) to prison if she had paid that fine.

10.I’m sure that police (believe) you if you (tell) the truth. But you didn’t do it.

11.If the passenger (not to wear) a seat belt, he (injure) in the car crash.

12.If the driver in front (not to stop) so suddenly, the accident (not to happen). I wish I (not to be) in that car.

13.I wish you (bring) your camera. We (can, take) some photographs in the country. I wish I (have) my own camera.

14.I wish you (do) something instead of just talking and talking and doing nothing.

Exercise 9. Translate into English.

1. Если бы вы не были так ко всему равнодушны, то смогли бы предупредить преступление, и этот человек был бы сейчас жив. 2. Если бы все соблюдали законы, преступность была бы давно ликвидирована. 3. Он выглядел так, будто ему

196

вынесли смертный приговор. 4. Некоторые журналисты освещали процесс так, будто заранее знали, каков будет вердикт. 5. Если бы не среда, в которой он вырос, и не ряд неблагоприятных обстоятельств, то кто знает, возможно, он и не стал бы преступником. 6. Необходимо, чтобы при вынесении приговора учитывалась тяжесть преступления. 7. Наказание могло бы быть мягче, если бы он не был ранее судим. 8. Вам могли бы сократить срок наказания, если бы вы вели себя примерно. 9. Необходимо, чтобы в основе пробации было изучение каждого отдельного дела, осуществляемого инспектором, наблюдающим за поведением условно осужденных несовершеннолетних. 10. Противники смертной казни считают, что ее отмена способствовала бы развитию демократии в нашей стране. 11. Если бы преступники содержались в лучших условиях, то тюремное заключение больше бы способствовало их перевоспитанию. 12. Обвиняемый вел себя так, будто не имел ко всему этому никакого отношения.

Revision

Exercise 1. Read the text and complete it with the correct form of the words given in brackets. Express your attitude to the problem discussed.

The Law and Vigilantes1

a) Throughout the country more and more people 1. (take) the law into their own hands, and 2. (act) directly against violent and illegal behaviour. In one instance, a dozen neighbours in York 3. (barricade) burglars in a house with broom handles and dustbin lids. Many housing estates now 4. (pay) for private security 5. (patrol) as a means of 6. (prove) additional protection.

Unfortunately, vigilance 7. (increase) crossing the boundaries into acts of violence and revenge. There 8. (be) incidents of people taking justice into their own hands which 9. (lead) to fatalities. In one 10. (know) incident which 11. (take place) in Wales, a man 12. (kill) by people who wrongly 13. (suspect) him of 14. (hold) 15. (steal) goods. Later, the perpetrator 16. (regard) as local heroes in some quarters.

1vigilante – a member of a group of people who try to prevent crime in their community

197

b) 1. (Impose) harsh sentences on vigilantes is not a solution and it only 2. (make) the problem worse. If one 3. (assume) that the criminal justice system 4. (lose) contact with reality, then we have to redefine crime itself. In some places vigilantes 5. (decide) to use civil law in an attempt to back up the efforts of the police. In 6. (do) so, they 7. (take) court orders and injunctions against troublemakers. As a result, local crime rates 8. (decrease) significally. In one of the toughest areas in London in 1993 the number of burglaries 9. (reduce) and street crime 10. (be) also extremely low.

Civil law is not only 11. (quick) than criminal law, it is also more effective. It 12. (not, have) to prove guilt beyond reasonable doubt, but 13. (can, may, must) act on a balance of probabilities. Undoubtedly, serious crimes that 14. (must, can, may) lead to imprisonment 15. (must, should, may) require a harsher test of reasonable doubt. Once petty crime 16. (deal) with under civil law, civil victims 17. (relieve) and offenders 18. (deal) with almost as severely as before.

Social freedom 19. (be) meaningless unless it 20. (include) some kind of guarantee of our right to live in safety and freedom from fear.

Exercise 2. Complete the text with the correct forms of words given in brackets. Ask and answer the questions on its contents working in pairs.

Privacy and Personal Property

The Constitution of the Republic of Belarus 1. (ensure) protection of the privacy of citizens. Without lawful grounds no one 2. (have) the right to enter a home against the will or without the consent of the persons residing in it, to open other people’s letters and telegrams or tap telephone conversations. The state 3. (guarantee) the secrecy and safekeeping of saving-bank deposits.

4. (Conduct) a search or 5. (examine) correspondence 6. (allow) only when, with approval of a procurator or by a court order, and in 7. (keep) with the law, an investigation of a crime 8. (conduct). These constitutional provisions 9. (back) up by other laws 10. (prescribe) civil and criminal liability for their violation.

The holding of thoughts or convictions, however reprehensible from the point of view of the authorities, 11. (be) not legally punishable in the Republic of Belarus, only criminal actions 12. (be) punishable. The Criminal Code 13. (contain) an exhaustive list of

198

acts 14. (regard) as criminal and punishable. The Criminal Code 15. (allow) of no broad interpretation of the articles of the Code.

The state 16. (protect) the right of citizens 17. (possess) and 18. (inherit) property. Their personal property may include 19. (earn) savings, a house, cars and other articles for everyday use, personal consumption and convenience. They may 20. (buy) and use plots of land for 21. (farm) or for 22. (build) and individual dwelling. In 23. (keep) with the Republic of Belarus Constitution the state 24. (provide) assistance to citizens in 25. (tend) their individual plots.

In the Republic of Belarus the law 26. (permit) individual labour in farming handicrafts, the provision of services for the public, and other forms of activity 27. (base) on the personal work of individual citizens and members of their families.

199