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Файл:Английский язык для студентов-юристов и историков = English for Students of Law and History. Учебное пособие
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51
be given a “trial by jury”. Twelve ordinary people judge you. But the Judge himself
always decides on the sentence. The barrister who is qualified to plead in the higher
courts presents cases in the Crown Court.
Reporters for local newspapers often go to Magistrates Courts; the next day
articles appear in the paper and full names, ages, addresses and details of the case are
given.
Writing
10. You’re a reporter for the local newspaper. Write an article with full
names, ages, addresses and details of the case you’ve heard in the court.
1. An official who gives evidence of the arrest.
2. A lawyer who pleads in the higher courts and presents cases in the Crown
Court.
3. A public official with authority to hear and decide cases in a law court.
4. A lawyer who prepares legal documents, advises clients on legal and speaks
for them in the lower courts.
5. Public officials who investigate violent, sudden, or suspicious (unnatural)
deaths.
6. A person who gathers news for a newspaper or broadcasting organization.
7. A group of people who swear to give a true decision of in a law court.
8. A defendant.
9. A person who has seen or can give first-hand evidence in a court of law.
10. People who look after administrative and legal matters in the courtroom.
11. A public official who tries less serious cases.
Just for fun
Match the definitions and the people in the court. If you
ran into difficulties, look through the text above.
1
11 2 3 4
5
6 7 8 9
10
52
8. JUSTICE AND LAW (I)
Warm up Activities
1. Read the following sayings. Are they logical? What do you think of
them?
“Laws are not for ordinary people, they are for lawyers”; “Laws should
govern people and not on the contrary”; “Dura lex, sed lex” (Strict is the law, but a
law); “People are equal before the law”; “The law is not something that can be
changed at will”.
Reading
2. Read the text below. Then try to explain and remember the words in
bold.
Justice and Law in the United Kingdom of Great Britain and Northern Ireland
Although Britain is a unitary state, it does not have a single system of law.
England and Wales, and Northern Ireland, have similar systems but the Scottish
system is somewhat different. In general, however, the law has no complete code. Its
sources include parliamentary legislation, European Community law and much
“common” law from courts’ decisions and elsewhere. Criminal law is concerned with
wrongs against the community as a whole, civil law with the rights and duties of
individuals among themselves.
Keeping the peace and bringing offenders to trial are primarily the concern of
the police whose action depends on common consent since the number of officers is
small in relation to the population (roughly one to every 400 people). The police are
not normally armed and their powers are carefully limited. Strict procedures govern
the way complaints against the police are handled. Special efforts are being made to
improve relations between the police and the community, especially in inner city
areas.
The police service consists of independent local forces, usually linked with
local government, and each responsible for its own area.
Most prosecutions are initiated by the police, but in Scotland the police make
the preliminary investigations and a public prosecutor decides whether or not to
prosecute. As soon as anyone is arrested he or she must be charged and brought to
court with the minimum of delay. Unless the case is serious, the arrested person is
usually granted bail if he or she cannot quickly be brought to court.
Compensation may be paid to victims of violent crime and people hurt while
trying to prevent offences.
53
Judges are independent and non-political and, except for lay magistrates who
try less serious criminal cases, are appointed from practicing barristers, advocates or
solicitors.
Criminal trials take place in open court although there are some restrictions,
such as those to protect children. The more serious cases take place before a jury of
ordinary, independent citizens who decide on guilt or innocence. People accused of
crimes are presumed innocent until proved guilty, and every possible step is taken to
deny the prosecution any advantage over the defence.
Cases involving children are heard in special juvenile courts, or, in Scotland, at
informal children's hearings.
Other than in cases of murder, for which the sentence is life imprisonment,
courts can choose the penalty most appropriate for a particular offender.
The legal profession has two branches: solicitors and barristers (advocates in
Scotland). Solicitors undertake legal business for lay clients, while barristers advise
on problems submitted through solicitors and present cases in the higher courts.
Vocabulary Exercises
3. Match the Russian to the English equivalents.
возбуждать
to charge
предварительный
proceeding
жалоба,
причина
недовольства
to concern
удовлетворять
ходатайство о
передаче на
поруки
restrictions
согласие
complaint
судопроизводство
to undertake
касаться
to prosecute
ограничение
to grant bail
обвинять
consent
ручаться
preliminary
4. Fill in the appropriate word(s) from the list, then make sentences using
the completed phrases.
similar, against, offences, bring offenders, parliamentary, strict, keep, victims,
civil, improve, innocent, special
54
to
……………….
to trial
………………….
the
community
………………….
law
………………….
procedure
legislation
to………………..
relations
to
……………….
the peace
………………….
of violent
crime
systems
to………………..
prevent
to
……………….
presume
………………….
juvenile
courts
5. Read the text again and circle the correct answer.
1. There is a single system of law in
a) England, Wales, Northern Ireland and Scotland.
d) England, Wales and Scotland.
e) England, Wales and Northern Ireland.
2. Keeping the peace and bringing offenders to trial are primarily the concern
of the
a) police.
b) government.
c) people.
3. In Scotland the police
a) initiate most prosecutions.
b) charge an arrested person.
c) make the preliminary investigations.
4. The more serious cases take place
a) before a jury of ordinary, independent citizens.
b) before children.
c) before practicing barristers, advocates or solicitors.
5. In cases of murder the sentence is
a) life imprisonment.
b) the penalty.
c) suspended.
55
Speaking
6. Make notes under these headings. Use your notes to talk about justice
and law in the United Kingdom of Great Britain and Northern Ireland.
• The sources of the law
• The concern of the police
• Judges
• Criminal trials
• The branches of the legal profession
Reading
7. Read the text and translate it into Russian, using a dictionary. Then try
to remember the words in bold.
Kinds of Cases
The cases can be criminal, civil, or both.
Civil Cases. Civil cases are usually disputes between or among private
citizens, corporations, governments, government agencies, and other organizations.
Most often, the party bringing the suit is asking for money damages for some wrong
that has been done. 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 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.
Criminal Cases. A criminal case is brought by the state or by a city or county
against a person 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 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
56
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.
In Russia the right to trial by a jury is possible only if the punishment is going
to be severe (life imprisonment or death penalty).
Vocabulary Exercises
8. Give English equivalents for the following words and word
combinations, then make sentences using them.
подать иск; начать (возбудить дело); судебное разбирательство; истец;
признать виновным; встречный иск; ответчик; материальный ущерб; ответный
иск; обвинен в преступлении; заявить о невиновности; единодушное решение
присяжных; совершить преступление
9a. Fill in the gaps with the appropriate word(s) from the list below:
innocence, citizen, injury, case, proves, burden, guilty, unanimous
1. He became a ………………. of the United States. ( a person who has full
rights in the country he lives)
2. She was elected by a ………………..vote. (in complete agreement)
3. The ……………….made by the earthquake was terrible. (harm, damage)
4. This………………...is very complicated because of the lack of evidences.
(question to be decided in a law court)
5. The exception ……………….the rule. (show beyond doubt to be true)
6. The ………………of proof rests with him. (obligation to prove)
7. As Ann was found ………………. she was taken to prison. (having done
wrong)
8. We all believe in her…………………(quality or state of being not guilty)
9b. Fill in the gaps with the prepositions:
1 ask….for money; 2 to be accused….having committed a crime; 3 to be….to;
4 the case….the defendant; 5 ….order to overcome; 6 to start….filing a paper.
Writing
10. In saying from Ex.1 is reflected people’s respect of law and justice.
There is widespread belief that observance of laws is a guarantee against
injustice. Do you agree with it? Write what you think about violation of the law
and social guarantees in Russia.
57
Just for fun
Californian State Laws
Animals are banned from mating publicly within 1,500 feet of a tavern, school,
or place of worship.
It is a misdemeanour to shoot at any kind of game from a moving vehicle,
unless the target is a whale.
Women may not drive in a housecoat.
No vehicle without a driver may exceed 60 miles per hour.
In Baldwin Park
Nobody is allowed to ride a bicycle in a swimming pool.
In Hollywood
It is illegal to drive more than two thousand sheep down Hollywood Boulevard
at one time.
In Los Angeles
It is illegal for a man to beat his wife with a strap wider than 2 inches without
her consent.
You cannot bathe two babies in the same tub at the same time.
You may not hunt moths under a streetlight. It is illegal to cry on the witness
stand. Toads may not be licked.
It is a crime for dogs to mate within 500 yards of a church. Breaking this law is
punishable by a fine of $500 and/or six months in prison.
In San Francisco
It is prohibited for elephants to stroll down Market Street unless they are on a
leash.
It is illegal to wipe one's car with used underwear.
Persons classified as “ugly” may not walk down any street.
WACKY LAWS
There are many old laws in the United States that can
only be described as “wacky”. And California,
unsurprisingly, has the wackiest local laws of them all.
Though few people are ever arrested for any of the
examples given below, they are still on the statute book.
58
It is illegal to pile horse manure more than six feet high on a street corner.
In Pacific Grove
It is illegal to molest butterflies.
59
9. JUSTICE AND LAW (II)
Warm up Activities
1. How do you think these cases could be described? Match the phrases to
the type of a case.
a criminal action against a person called
Ms. Sanchez in the United States
“R.(Regina, that is, the Queen) vs.
Sanchez”
a criminal action against a person called
Ms. Sanchez in England
“Sanchez vs. Smith”
a civil action between Ms. Sanchez and
Mr. Smith if it started by Ms. Sanchez
“The People vs.(versus, or against)
Sanchez”
a civil action between Ms. Sanchez and
Mr. Smith if it started by Mr. Smith
“Smith vs. Sanchez”
Reading
2. Read the text about the criminal justice process in the USA and match
the questions (a-e) to the numbered spaces (1-5), as in the example. Then explain
and remember the words in bold.
Criminal Justice Process in the USA
1. c) What are the steps of the criminal justice in the
USA?…………………………………………..
Basically, the steps in the criminal court processes are as follows: arrest and
booking, arraignment, trial and appeals (if any).
2.
…………………………………………………………………………………………
A person who comes into contact with the criminal courts must initially be
arrested. The arrest may take place with or without using a warrant (e.g. when an
offence takes place in the presence of the officer, or when there is probable or
reasonable cause to believe that a felony or misdemeanour has been committed).
Even after an arrest the suspect may be released without being prosecuted for a
variety of reasons: mistaken identity, lack of proper evidence, etc.
3.
…………………………………………………………………………………………
After the arrest is made, the suspect is booked. The booking card of the law
enforcement agency contains information such as the date and time of arrest, the
charge or crime for which the person was arrested, the name of the arrested person,
the name of the arresting officer. Here the accused is photographed, fingerprinted,
60
and temporarily released on bail, if possible. The record or booking card is
permanently kept in the files of the police department. On important cases, the
prosecutor may be present at the booking, but usually he will enter the case during
the arraignment or *initial appearance of the suspect before *a magistrate or other
judicial officer. Before turning to the prosecution of the suspect, it must be
remembered that the investigative work of the police may continue even though the
accused is involved with the prosecution or court phases of the criminal justice
system.
4.
…………………………………………………………………………………………
At arraignment, summary trials can be held for petty offences without further
processing. During the initial appearance before a magistrate, judge or *justice of the
peace, the accused is to answer the charges against him. During the arraignment
procedure, the charge may be dismissed by the court for a legal reason or the
prosecutor may request *to have the charges dropped. The initial appearance may
also serve as the trial for minor offences that have payment of a fine or a relatively
short time in jail as punishment. *Once the judge finds a verdict of guilt, the accused
is sentenced to jail or payment of a fine. The defendant may also be placed on
probation for a specified length of time. If sentenced to jail, he may be granted
parole.
5.
…………………………………………………………………………………………
The purpose of preliminary hearing in the lower court is to determine whether
there is a reasonable cause to believe that a felony was committed and whether there
is a reasonable cause to believe that the accused committed the crime. It is here that a
preliminary testing of the evidence takes place. As a result the accused may be
released because of having been arrested not for probable cause, or he may be placed
on bail or moved back to jail until his case is tried by the higher court.
If there is a reasonable belief that a crime has been committed by the accused,
the prosecutor is given defined number of days to file formal charges against the
defendant. The charge is filed on the basis of information from citizen complaints and
police investigations.
6.
…………………………………………………………………………………………
Then another arraignment is held. If the defendant pleads guilty a date for him
to be sentenced is set by the judge. If the defendant pleads not guilty, he may request
to have a jury trial or be tried by the court without a jury. At the trial, if the defendant
is convicted, a date for sentencing is set.
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