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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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7.
…………………………………………………………………………………………
The defendant may be fined, sentenced to jail, or placed on probation. During
this period the defendant can appeal his conviction. As a rule, the appeal stays the
execution of the sentence. If the appeal is unsuccessful or the defendant decides not
to appeal, the penalty is imposed.
8.
…………………………………………………………………………………………
The defendant is then involved in the corrections of the criminal justice system.
It is here that rehabilitation of offenders *is supposed to occur. This is the purpose of
correctional establishments. To reduce the risk of convicting an innocent person,
there are checks and reviews at all stages of the criminal justice system.
*initial appearance – первоначальная явка
*justice of the peace — мировой судья
*to have the charges dropped — прекратить дело
*once the judge finds a verdict of guilt — как только судья выносит
обвинительный приговор
*is supposed to occur — как полагают, происходит
a) In what cases may an arrest be made without a warrant?
b) What is the purpose of corrections?
c) What are the steps of the criminal justice in the USA?
d) What are the types of punishments?
e) What does booking include?
f) What is the purpose of preliminary hearing?
j) When is a date for sentencing set?
h) In what cases are summary trials held?
Vocabulary Exercises
2. Find the English equivalents in the text and remember them.
уголовный процесс, привлечение к суду, судебное разбирательство,
обжалование, произвести арест, ордер, обвинение, совершить тяжкое
преступление, тюремное заключение, подозреваемый, правоохранительные
органы, обвиняемый, снимать отпечатки пальцев, картотека, упрощенное
судопроизводство, мелкие правонарушения, суд низшей инстанции, слушать
дело, возбудить судебное дело, признать себя виновным, суд присяжных,
вынести приговор, определить наказание, осудить условно, передать на поруки,
перевоспитать, исправительные учреждения.
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3. Give the Russian equivalents.
a) law, by-law, law-breaker, lawyer, law enforcement, lawful, to make laws, to
obey laws, to enact laws, to pass laws, to violate laws;
b) to prevent, to prevent offences, prevention of crime, preventive, preventive
measures;
c) crime, a criminal, a criminal case, criminality, a criminological study, to
commit a crime, to reduce crime, to eliminate crime.
4. Match the synonyms.
law
sentence
purpose
evidence
penalty
obligation
proof
term
verdict
punishment
period
offender
duty
to force
a criminal
reason
to oblige
to formulate
cause
aim
to violate
statute
offence
to obtain
to define
to break
to get
crime
5. Fill in the appropriate word(s) from the list, then make sentences using
the completed phrases.
criminal, five-hundred dollar, ten-pound, imprisonment, trial court, jury, higher
court, police, citizen, law enforcement, court, arraignment
a ……………………
bail
………………………..
investigations
……………………..
arraignment
an …………………….
procedure
the …………………
justice process
………………………..
complaints
a ……………………
trial
a ……………………...
fine
an …………………..
sentence
a ……………………...
trial
……………………...
agencies
………………………..
phases
6. Complete the sentences with one of the words given below.
misdemeanour, released, summarily, charges, evidence, parole, fine, guilt,
convicted, trial, felonies, booking, rehabilitate, appeal, charge
1. There can be no conviction unless the ... of the defendant is established.
2. After making the arrest the officer may conduct a «limited» search for ... of
the guilt of the person.
3. During the arraignment procedure the ... may be dismissed.
4. If a judge finds a verdict of guilt, the accused is sentenced to jail or payment
of a ... .
5. In some jurisdictions there is no separate preliminary hearing for
misdemeanours and ....
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6. At the ... a date for sentencing is set.
7. The procedure of ... includes photographing and fingerprinting.
8. A person charged with a petty offence can be tried.....
9. The purpose of corrections is to ... offenders.
10. The procedure of prosecutions for a felony is the same as for a…
11. If the defendant is ... at the trial the date for sentencing is set.
12. The defendant can ... his conviction before the actual sentence is imposed.
13. Even if the defendant is sentenced to jail, he may be granted…
14. During the arraignment the judge ... the accused with a specific crime.
15. The accused may be ... at the preliminary hearing if there is no reasonable
cause to believe that he committed the crime.
7. Give your definition of the following people:
1. The accused is a person who ...
2. A criminal is a person who ...
3. The suspect is a person who ...
4. The convict is a person who ...
8. Answer the questions on the text.
1. What are the steps of the criminal justice in the USA?
2. In what cases may an arrest be made without a warrant?
3. What is a felony?
4. What is the punishment for a misdemeanour?
5. May the suspect be released without being prosecuted? In what cases?
6.What does booking include?
7. Where does booking take place?
8. In what cases are summary trials held?
9. What is the purpose of preliminary hearing?
10. Who files formal charges against defendants?
11. When is a date for sentencing set?
12. What are the types of punishments?
13. When can the defendant appeal his conviction?
14. What is the purpose of corrections?
15. What is done to reduce the risk of convicting alt innocent person?
Speaking
9. Use the questions in Ex. 8 as a plan to talk about the criminal justice
process in the USA.
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Writing
10. Use the questions in Ex. 8 as a plan to write about the criminal justice
process in Russia.
Just for fun
What are these?
dictver - …………….. (the decision of a court made after the trial of a
defendant)
mentpushni - …………….. (a fine, imprisonment or probation)
rawrant - …………….. (a formal order given by a judge or a prosecutor to
arrest a person)
laib - …………….. (a sum of money paid by the person arrested for being
released until the trial)
cemir - …………….. (an act prohibited and punished by law)
cevideen - …………….. (all facts and things presented to court to prove the
guilt of the accused)
rapole - …………….. (placing a convicted person under control of a special
police officer on condition that he or she behaves well)
simanuromeed - …………….. (a less serious offence punishable by a fine or
up to one year in jail, or both)
rujy - …………….. (a panel usually consisting of 12 persons to hold trials)
lonyfe - …………….. (a serious offence punishable by death or imprisonment)
palepa - …………….. (a request for a review of a lower court's decision by a
higher court)
Supplementary Reading
SOME FACTS ABOUT MAGNA CARTA
Magna Carta (Latin: "the Great Charter"), also called Magna Carta
Libertatum (Latin: "the Great Charter of the Liberties"), is a charter agreed by King
John of England at Runnymede, near Windsor, on 15 June 1215. First drafted by
the Archbishop of Canterbury to make peace between the unpopular King and a
group of rebel barons, it promised the protection of church rights, protection for the
barons from illegal imprisonment, access to swift justice, and limitations on feudal
payments to the Crown, to be implemented through a council of 25 barons. Neither
side stood behind their commitments, and the charter was annulled by Pope Innocent
III, leading to the First Barons' War. After John's death, the regency government of
his young son, Henry III, reissued the document in 1216, stripped of some of its more
radical content, in an unsuccessful bid to build political support for their cause. At the
end of the war in 1217, it formed part of the peace treaty agreed at Lambeth, where
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the document acquired the name Magna Carta, to distinguish it from the
smaller Charter of the Forest which was issued at the same time. Short of funds,
Henry reissued the charter again in 1225 in exchange for a grant of new taxes; his
son, Edward I, repeated the exercise in 1297, this time confirming it as part of
England's statute law.
The charter became part of English political life and was typically renewed by
each monarch in turn, although as time went by and the fledgling English
Parliament passed new laws, it lost some of its practical significance. At the end of
the 16th century there was an upsurge in interest in Magna Carta. Lawyers and
historians at the time believed that there was an ancient English constitution, going
back to the days of the Anglo-Saxons, that protected individual English freedoms.
They argued that the Norman invasion of 1066 had overthrown these rights, and that
Magna Carta had been a popular attempt to restore them, making the charter an
essential foundation for the contemporary powers of Parliament. Although this
historical account was badly flawed, jurists such as Sir Edward Coke used Magna
Carta extensively in the early 17th century, arguing against the divine right of
kings propounded by the Stuart monarchs. Both James I and his son Charles
I attempted to suppress the discussion of Magna Carta, until the issue was curtailed
by the English Civil War of the 1640s and the execution of Charles.
The political myth of Magna Carta and its protection of ancient personal
liberties persisted after the Glorious Revolution of 1688 until well into the 19th
century. It influenced the early American colonists in the Thirteen Colonies and the
formation of the American Constitution in 1789, which became the supreme law of
the land in the new republic of the United States. Research by Victorian historians
showed that the original 1215 charter had concerned the medieval relationship
between the monarch and the barons, rather than the rights of ordinary people, but the
charter remained a powerful, iconic document, even after almost all of its content was
repealed from the statute books in the 19th and 20th centuries. Magna Carta still
forms an important symbol of liberty today, often cited by politicians and
campaigners, and is held in great respect by the British and American legal
communities, Lord Denning describing it as "the greatest constitutional document of
all times – the foundation of the freedom of the individual against the arbitrary
authority of the despot".
In the 21st century, four exemplifications of the original 1215 charter remain in
existence, held by the British Library and the cathedrals of Lincoln and Salisbury.
There are also a handful of the subsequent charters in public and private ownership,
including copies of the 1297 charter in both the United States and Australia. The
original charters were written on vellum sheets using quill pens, in a particular style
of abbreviated Latin. Each was sealed with the royal great
seal using beeswax and resin, most of which have not survived. Although academics
refer to the 63 numbered "clauses" of Magna Carta, this is a modern system of
numbering, introduced by Sir William Blackstone in 1759; the original charter
formed a single, long unbroken text. The four original 1215 charters were displayed
together at the British Library for one day, 3 February 2015, to mark the 800th
anniversary of Magna Carta.
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"the Great Charter of the Liberties" – «Великая Хартия Вольностей»
illegal imprisonment – незаконное заточение в тюрьму
the divine right of kings – право помазанника божьего
Pope Innocent III – Папа Иннокентий III.
the Stuart monarchs – монархи династии Стюарт
a quill pen – гусиное перо
• Find the words in the text below that mean:
a bid
to fight against the ruling power
to draft
a rapid rise or swell
to rebel
to write a preliminary outline of a letter, book, or speech
to implement
an attempt
fledgling
new or inexperienced
an upsurge
the date on which an event occurred in some previous year
to repeal
to restrain
subsequent
to carry out
swift
occurring after, succeeding
to suppress
to cancel smth. officially
anniversary
fast
THIS IS BRITAIN
“Great Britain” has several different names. Some people say “Britain”, or “the
United Kingdom”, or just “UK”. Everyone from Britain is British, but only people
from England are English. People from Scotland are Scottish, people from Wales are
Welsh and people from Northern Ireland are Irish. Don't call Scottish or Welsh
people English. They won't like it!
Altogether more than 56 million people live in Britain, many of them in big
industrial cities like London, Liverpool and Manchester, but people are often
surprised by how much of Britain is open country, with lonely hills and woods, quiet
rivers, lakes and farmlands.
Everyone in Britain speaks English. But in some parts of Scotland and Wales
people speak an older language as well. The Welsh are especially proud of their
language, and you can see road signs in Welsh all over Wales.
Everyone speaks English, but they do not all speak it in the same way. A
Scottish person has to listen carefully if he wants to understand a Londoner. And
when a Welsh person speaks, everyone knows at once where he comes from!
Many people think that the weather is cold and wet in Britain all the year
round. But it isn't! True, it sometimes rains and even snows for days and days, but
every year there are weeks of beautiful sunny weather when the British take off their
sweaters and go out to sunbathe.
Britain is only a small country, but every part is different. Scotland is a land of
mountains, lakes and romantic castles. The winters are cold, with plenty of snow, but
the summers are often warm and sunny. Most farmers keep sheep, and there are many
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small factories which make fine sweaters from their wool. In some parts of Scotland,
there are very few people. Deer live in the hills, and the rivers are full of salmon. But
Glasgow and Edinburgh are both large and busy, with all that is good (and bad) in
modern cities.
Northern Ireland has its problems, but it has beauty, too. In the warm, wet
climate, the grass grows a brilliant green, and much of the land is farming country.
Belfast is a large industrial city with many fine buildings and a big port from which
ships come and go to Scotland and England. But Belfast has had many difficult years,
and it is not the busy place it once was.
A hundred years ago the north of England was the industrial heart of the
country. From the factories came cloth, wool, machines, engines and china. The old
factories have gone now and the workers have to look for jobs in the new “high-tech”
industries. Outside the towns, much of this part of England is beautiful countryside,
with green hills, lakes and sandy beaches. Fishing is still a big industry in the North
East, and every night (except Sunday) the fishing boats go out to sea.
The centre of England (the “Midlands”) is also an important industrial area,
especially near the huge cities of Coventry and Birmingham, the centre of the car
industry. But everywhere, even in the heart of a modern city, there are buildings from
an older Britain - cathedrals, castles, and houses built hundreds of years ago.
Wales is a special place, a country of high mountains and pretty valleys. But
Wales has plenty of industry, too, with many factories and coal mines. The people of
Wales are very musical. Every year they have a festival of Welsh music and poetry
called an “Eisteddfod”.
The west of England is a rich, farming country. It produces milk, cream, butter,
cheese (especially Cheddar cheese, Britain's favourite) and apples, which go to make
cider, a popular drink. In the villages, country people often grow their own fruit,
vegetables and flowers.
Some areas of Britain are very crowded. Around Manchester, in north west
England, and Glasgow, in Scotland, are large city areas of houses and factories. The
south east of England, too, has many towns and cities, including London, the giant
capital. But quite near London there are still some quiet villages and peaceful farms.
Britain is an island, of course, and you are never far from the sea. Some of the
coast, especially in the west, is wild and rocky, with small, sandy beaches, and
romantic old harbours. Other parts are industrial. The east coast of Scotland, for
example, is busy with oil rigs and fishing boats. The most popular beaches are near
the many holiday towns on the south coast, where the weather is usually warmer. It is
here that Londoners come to relax.
• Which part of Britain do these people come from?
a) The road signs near Margaret Evans’ house are in two languages.
b) The favourite drink of Tim Robinson is cider. It’s no wonder, he was born in
the apple land.
c) When Tom Lewis speaks, everyone knows where he comes from.
d) Jim MacDonald keeps sheep and makes fine sweaters from their wool.
68
e) Mike Wright is very talented as all his ancestors and he’s sent to the festival
every year.
f) Chris Taylor likes spending his weekend in the country where the grass
grows a brilliant green, and much of the land is farming country.
g) Bob Smith works in a car plant, one of the biggest in Birmingham.
THE SUFFRAGETTE MOVEMENT
One of the most famous protest campaigns in Britain was the Suffragette
Movement. At the beginning of this century women (and some men) couldn’t vote in
British elections. The Suffragettes wanted to change this. They were led by
Emmeline Pankhurst. She organized meetings and protect marches to demand “Votes
for Women”.
At first the protects were peaceful, but they became more and more violent.
Speeches in Parliament were interrupted and the windows of public buildings were
smashed by Suffragettes. In turn, eggs and tomatoes were often thrown at Suffragette
speakers.
In 1913 Emmeline Pankhurst was arrested and sentenced to three years in
prison. She was released when she started a hunger strike. But she was arrested again
after she had chained herself to the railings outside Buckingham Palace.
We will never know how successful the Suffragettes were, because in 1914 the
First World War started and the protests were stopped. During the war many men’s
jobs were done by women, because the men were in the army. The war changed
people’s ideas about many things. When it ended in 1918 the vote was given to all
men over twenty-one and to women over the age of thirty. A few years later it was
given to all adults over the age of twenty-two.
• Mark the sentences as T (true) or F (false).
1. The Suffragette Movement was the most famous one.
2. Some women could vote in British elections.
3. Emmeline Pankhurst was the leader of the Suffragette Movement.
4. Eggs and tomatoes were often thrown by Suffragettes.
5. Emmeline Pankhurst was arrested and sentenced to life imprisonment.
6. The Suffragettes were successful.
7. The protests were stopped because of the First World War.
8. The vote was given to all men over twenty-one and to women over the age
twenty-five.
THIS IS THE USA
The United States of America - the richest and one of the biggest countries in
the world - has several names. People say “the United States”, “the States”,
“America”, or just “the USA” or “the US”.
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There are fifty states in the USA (including Alaska and Hawaii), and over 200
million people live in them.
There is no “American climate” or “American countryside”. Every part of the
country is different, from Alaska in the North, covered with snow and ice, to tropical
Florida in the South.
Who are the Americans? Where did they come from? Why did so many people
go across the sea to the New World?
The American Indians were the first people to live in that vast land. They had a
fascinating, ancient culture, and a rich tradition of language and customs.
When Christopher Columbus arrived, in 1492, there were probably about
1,500,000 Indians in North America.
But then, the immigrants came. By the early nineteenth century, the population
was more than 17 million. Most came from Europe, but there were also many from
the Middle East and the Far East, as well as millions of Africans, caught in the
terrible slave trade.
Immigration went on growing. In 1907 alone, one and a quarter million people
arrived. By 1914, the population was 92 million. Now there are more than 25 million
British Americans (nearly half the population of Britain), about 23 million African
Americans, 25 million German Americans and more Irish Americans than the whole
population of Ireland.
You can find almost anything in America. There are mountains and deserts, old
churches and moon rockets, homes with three cars and homes with no electric lights
at all. There are people who speak Chinese, Italian, Spanish, Arabic, Polish, Swedish,
Japanese - in fact, almost every language under the sun.
Do you like wild empty lands? You'll love the great deserts of Nevada and
Arizona, the high Rocky Mountains, and the miles of snow and ice in arctic Alaska.
Are you more interested in city life? You'll prefer the North East Coast, where
75% of Americans live on 1.5% of the land. You can drive from Boston through New
York to Washington, D.C. and you will be in a town all the time. The three great
cities of the East Coast, Boston in the north, New York in the middle and
Washington, D.C. in the south, are the most important centres of American culture,
education and government. Boston is a city full of history and old world charm. Near
it is Harvard, America's oldest university. New York, full of life and colour, also has
wonderful museums, art galleries and concert halls. Washington, D.C, of course, is
the capital city, where the President of the USA lives in the famous White House.
Perhaps you prefer a more peaceful, agricultural landscape? Then go to the
Midwest, to Ohio, Indiana and Wisconsin. There the huge, flat farmlands, covered in
wheat, go on and on as far as the eye can see. Out in the country, small towns offer a
meeting place for the farmers - a church, a few shops, and a hotel for visitors. But
there are huge cities in the Midwest as well. Chicago and Detroit, near the Great
Lakes, are the old industrial heartlands of America. Millions of people live and work
here, making steel, cars, TV sets and everything Americans love to buy.
Everyone knows about the great cattle ranches of Texas, but not all American
cattle farmers are big landowners. Some farmers live on quite small farms, which a
family can manage with no extra help.
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If you like warm, sunny weather and an exciting atmosphere where new ideas
are always welcome, California on the West Coast is the place for you. In this perfect
climate, oranges, peaches and grapes grow easily, and on the wonderful beaches giant
waves roll in from the Pacific Ocean. Near Los Angeles, California's largest city, is
Hollywood, where film stars past and present have their homes. A visit to the film
studios here is something you will always remember.
Is California not hot enough for you? Go to the deep South, to Alabama,
Louisiana and Mississippi, where the old paddle boats still go down the great, wide
river. Life is different here, quieter, slower, more old-fashioned. In the cotton fields
of the South it is difficult to believe that the cities of the North East and the
mountains of the North West are all part of the same huge country.
• Match the features to the places
wild empty lands
the North East Coast
peaceful, agricultural landscapes
the Midwest
huge cities
Ohio, Indiana, Wisconsin
city life
Nevada, Arizona, Alaska
warm, sunny weather and an exciting
atmosphere
Texas
the great cattle ranches
Hollywood
old-fashioned life
California
film studios
Alabama, Louisiana,
Mississippi
US CONSTITUTION
The US Constitution is the framework of the US government. It establishes the
executive, legislative, and judicial branches. It is also the supreme law of the land,
which all public officials are bound by oath to enforce. Moreover, the Constitution
guarantees each American certain basic rights.
A «constitution» in American political language means the set of rules, laws,
regulations and customs which together provide the political norms or standards
regulating the work of the government. The document known as the Constitution of
the United States, though a basic document, is only a part of the body of rules and
customs which form the whole of the American Constitution. Supreme Court
decisions, interpreting parts of the US Constitution, laws, regulations, customs are
part of the basic law (the so-called *live constitution). Most historians regard the US
Constitution as an essentially conservative document.
One remarkable feature of the US Constitution is its endurance. It is the oldest
written national constitution in use in the world. Another remarkable feature of the
Constitution is its ability to adapt itself to changing conditions.
The founding fathers knew that the Constitution might have to be changed. So
they provided two methods of proposing amendments: by a two-thirds vote of both
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