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Файл:Английский язык для студентов юридических специальностей. English for law students. Часть 2
.pdf
expanded over the past 20 years. The artist draws, colours, and shades
(штриховать, тушевать) as a verbal description is given to him. In recent years,
some of the particular sizes, shapes, angles, and other features of the human head
have been standardized to the point, that with a description and the manipulation of
various plastic overlays (пластинки с изображением фрагментов человеческого
лица) of the identi-kit, an accurate picture of a person can be made in black and
white in a period of a few minutes. Such a picture then may be transmitted by
teletype to other agencies, and subsequently (впоследствии, потом, позже)
printed in newspapers and otherwise made public if necessary. This process has
truly been an achievement and an advancement (успех, прогресс) in the field of
identification.
Eyewitness. A further avenue available is the confrontation of a suspect in
custody (заключение, стража) with an eyewitness. This is accomplished most
generally through a process called a lineup (строй, опознание) whereby a witness
or victim observes and hears the suspect talk, but the suspect does not see the
witness.
All of the means and methods of identification mentioned above are
universally used in police investigaion.
Modus operandi. In many investigations, no description of a person
suspected of criminal activity is available. Thus an identification will be attempted
to make by analyzing the methods and techniques employed by the suspect, those
which is known as his modus operandi (method of operation or M. O.) in the
perpetration (совершение) of his crimes. Special files (картотека) of M. O. are
contained in identification bureaus where criminal records are received, classified
and maintained. The evidence of modus operandi is of great importance in
detecting pickpocketing (карманное воровство), burglaries, shoplifting, sexoffences, arsons (поджог), murders, etc.
Fingerprinting is the only sure way to confirm (подтверждать) the identity
of a person who is suspected of crime. When a finger touches (касаться) the
surface (поверхность) of an object, the print of his finger is left on the surface.
This is called fingerprint. Every fingerprint is unique. This principle is used by all
police forces to identify criminals (or sometimes dead bodies). So, if a suspect
arrested does not confess (признаваться) his guilt (вина) it may be proved by
comparing his fingerprints with those found at the scene and showing that they are
identical. Fingerprints are used not only to connect a suspect with the scene, they
also may indicate the identity of the criminal when it is not known if he had been
previously fingerprinted and the prints are in the possession of the police. For this
reason the prints of criminals are collected and filed in criminal record offices. A
fingerprint found at the scene of crime is sent to a criminal record office to
discover whether an identical print has been recorded, the identity of its owner
(владелец) becomes known. In practice, all persons accused of crime are
fingerprinted on arrest and before trial.
111
Fingerprints establish identification beyond any doubt. Thefts, robberies and
murders are often solved with the help of fingerprinting.
Other items of physical evidence – direct and indirect (circumstantial)* may
also be removed from the crime scene. When they are processed and analyzed by
the crime laboratory, they often provide the investigator with the information to
establish identification of the perpetrators (нарушитель, преступник) if there are
no witnesses or other avenues open to him.
Voiceprinting, handwriting and even typewriting are also used for
identification purposes. It's interesting to note that it was Conan Doyle's idea of
tracing and identifying an individual typewriter by means of its peculiarities in his
story "A Case of Identity" (1891) – three years before the first mention of the
subject in technical literature.
ГРАММАТИКА И УПРАЖНЕНИЯ ДЛЯ ЧТЕНИЯ
§ 56. Инфинитивные обороты
Infinitive Constructions
1. Complex Subject. Сложное подлежащее
Если после пассивного сказуемого типа
is said (говорят, как говорится),
is known (известно, как известно),
is reported (сообщают, как сообщается),
is expected (ожидают, как ожидается),
is supposed (полагают, как предполагается),
is considered (считают, как считается) и т.п. стоит инфинитив, нужно
ожидать наличие в этом предложении сложного подлежащего. Инфинитив
является его второй частью, а первой – существительное в общем падеже или
личное местоимение в именительном падеже, находящиеся до сказуемого.
Проследите возможности перевода на русский язык:
Edgar Hoover is known to have
been Director of FBI for 48 years.
Известно, что Э. Гувер являлся
директором ФБР сорок восемь лет.
или:
Э. Гувер, как известно, являлся ...
Обратите внимание на перевод перфектного инфинитива глаголом в
прошедшем времени (см. §55).
При сложном подлежащем могут быть также сказуемые типа
seem
appear кажется
happen
prove
is likely, is certain – вероятно,
несомненно
is unlikely маловероятно
*
косвенный
112
Ex. 11. Прочтите и переведите на русский язык следующие
предложения, обращая внимание на Complex Subject.
A.
1. He is said to read English newspapers.
2. He was said to read English newspapers.
3. They are said to read English newspapers.
4. They were said to read English newspapers.
5. He is said to have translated this article.
6. He was said to have translated this article.
7. He is said to be translating this article.
8. This text is said to be translated by him.
9. This text is said to have been translated by him.
10. He may prove to be a good specialist.
11. The boat is reported to be passing the Channel.
12. This reaction is unlikely to take place.
13. The data have been admitted to be incorrect.
14. This reaction was found to be inefficient.
15. These results may be presumed to be successful.
16. The system can be expected to give a good basis for our research.
17. The investigation was announced to proceed satisfactorily.
18. The conditions seem to have been poorly chosen.
19. The crime rate proved to be increasing.
20. This investigation is likely to produce good results.
B.
Новые слова: devise – придумывать, изобретать; rogue – жулик,
мошенник, негодяй; background – происхождение, окружение; hideout –
укрытие, убежище; fidelity – верность; solitary – одиночный.
1. One of the most famous private policing agencies in the world, the
Pinkerton National Detective Agency, is believed to have been founded in 1850 in
a small Chicago office by young Scottish immigrant Allan Pinkerton. The firm’s
trademark is known to be an open eye, underlined with the slogan, "We never
sleep". And curiously, the Pinkerton National Detective Agency is considered to be
responsible for the term private eye in the American language. Allan Pinkerton
himself is supposed to have devised what is today’s "rogues’ gallery". The
Pinkerton rogues’ gallery proves to contain detailed descriptions of known
criminals including their physical characteristics, backgrounds, companions, and
hideouts. His organization is certain to never close a rogues’ gallery case until the
individual was officially declared dead. The Pinkerton National Detective
Agency’s staff is reported to have been increased from 9 detectives in 1850 to 13
thousand people working now in 70 departments of the firm all over the USA.
Robert Pinkerton, the representative of the fourth generation of the detectives’
family appears to be at the head of the firm now.
113
2. The FBI tradition of service is known to be realized in the Bureau's motto
“Fidelity, Bravery, and Integrity”. 3. Vollmer, Healy and Smith are known to have
contributed much to police education. 4. According to the FBI Uniform Crime
Reports robbery, rape, assault and murder are reported to have been increased by
224, 121, 117 and 76 per cent respectively between 1960 and 1970. 5. The Los
Angeles Police Department is acknowledged to be one of the finest in the world. 6.
The first modern polygraph or lie-detector is considered to have been constructed
in 1921 by John A. Larson, a medical student at the University of California
working with a member of the local police department. 7. Hypnosis is reported to
be particularly effective in helping witnesses give descriptions of criminals, relate
the details of violent sexual attacks, and recall the scenarios immediately preceding
certain accidents. 8. Portable field chemical kits are known to have been developed
to help police detect narcotics and dangerous drugs.
2. Complex Object. Сложное дополнение
Инфинитив может также быть частью сложного дополнения вместе с
предшествующими ему существительным в общем падеже или
местоимением в объектном падеже. Сложное дополнение следует за такими
глаголами, как
to want (хотеть),
to know (знать),
to think (думать),
to consider (считать),
to see (видеть),
to hear (слышать) и др.
I know him to investigate this
crime.
Я знаю, что он расследует это
преступление.
На русский язык сложное дополнение переводится придаточным
дополнительным предложением.
Ex. 12. Прочтите и переведите на русский язык следующие
предложения, обращая внимание на Complex Object.
1. The investigator wanted the criminalist to take pictures of the objects of
the crime scene.
2. The Police Chief considered robbery detectives of the Investigative
Division to have been most helpful.
3. The detective saw the suspect cross the street and enter the building.
4. The interrogator expected the subject to give him useful information.
5. The subject thought the investigator to ask him questions about the
details of the incident.
6. We want police cadets to feel that they are members of an outstanding
organization.
7. The citizens know the ordinary police officer to be an honest public
servant who wants to be respected in the community.
114
Ex. 13. Прочтите тексты, обращая внимание на формы Passive Voice,
Complex Subject, Complex Object. Будьте готовы сформулировать основную
мысль каждого текста, перечислить методы и способы опознания в
различных видах преступлений.
Text for Reading
IDENTIFICATION IN POLICE INVESTIGATION
ИДЕНТИФИКАЦИЯ В ПОЛИЦЕЙСКОМ РАССЛЕДОВАНИИ
Part III. Identity in Different Types of Crimes/Личность преступника
(или потерпевшего) в различных видах преступлений
IDENTITY (WHO) IN BURGLARY
The search for the identity of the burglar should begin at the very outset of
an investigation. Once the investigation has established the corpus delicti of
burglary, the investigation should be centred on the identity and apprehension of
the burglar. Identity of the burglar is known to be established in many ways. Many
burglars are seen by people inside the place and are apprehended and identified by
their description of them. Sometimes witnesses may see the burglar move, but not
realize that a burglary has been committed until later. Eye-witnesses may identify
such suspects, describe a known burglar, or someone who was acting suspiciously
near the place. An investigation of known burglars may reveal that this person was
in the vicinity (окрестности, соседство). Examination of the modus operandi may
reveal evidence of similar characteristics in a known burglar's handiwork (работа,
рукоделие).
Stolen goods may be found, traced to the burglar and his identity
established. A suspect may be away from his usual place at the time the burglary
was committed. Stool pigeons (осведомитель) are often invaluable in revealing
the identity of burglars. The fact that a person supports himself or spends money
freely without visible means of support may reveal identity. Fingerprints,
footprints, tool marking, and other physical evidence are certain to establish leads
(руководство/указание) to identity.
Flight (бегство) or absence of a certain person during an investigation may
give leads to clues to his identity.
All these characteristics and many others are expected to be the means
which first point to a certain person as suspected, and, later, identify the burglar.
Identity proves to be best established when there are confessions, admissions
(допущение), or identifications by eye-witnesses. If the evidence allows
presumption of guilt the case is ready for prosecution and arrest.
IDENTITY IN ROBBERY
The main purpose of investigation of robbery is considered to find means by
which the robber can be identified. The corpus delicti is usually easily proved by
the evidence obtained from the victim.
115
Identity in some cases is likely to be made by the victim or other witnesses
who recognized the robber by some identifying characteristics in his face or body,
speech, clothing, mannerisms, licence plates, etc. A witness may appear to identify
his picture from others in identification bureaus. The description of the robber may
correspond to some person in the vicinity and be identified that way. Sometimes
identity may be learned through fingerprints, footprints, fibers or other physical
evidence that will reveal a suspect. Ownership or possession of weapons can also
be identified. Identity is also sometimes established by confession. Once the
identity of the robber is known the next step is to apprehend him unless he is
already taken. If taken and identified, the case is ready for prosecution.
IDENTITY IN CRIMES OF MALICE, ASSAULT
Assaults are known to arise impulsively in many cases between people who
are acquainted and in close proximity (близость) to each other. Usually in each
case there are other witnesses to the assault, and identification of the assailant
(противник, нападающая сторона) is easy. However, if only a description is
available, quite possibly the assailant may be a nearby resident. Assault may
appear to have been part of other crimes, e.g. rapes, muggings (нападение с
целью ограбления), etc.
At any rate, the important problem then is to learn the identity of the
assailant. The methods of determining a suspect are similar to those used in
robbery. A description of the assailant should be secured, the victim should visit
the rogues gallery (полицейский архив фотоснимков преступников) and inspect
the photographs of criminals, a search may be made in the vicinity and so on.
IDENTITY OF THE VICTIM IN CRIMES OF MALICE (HOMICIDE)
The first problem in relation to the victim is to determine his identity. As
soon as identity is established, a history of the victim should be secured. This
history, which may reveal evidence of a homicide or a suicide (самоубийство),
takes up his life from the last moment he was seen alive and may go as far as his
childhood or birth. His immediate past is usually the most important, especially the
last moments or days.
Establishment of the victim's identity is closely related to his story. To be
accurate, the victim's own peculiar history must fit (соответствовать) into the
circumstances immediately preceding the mortal injury. Identification is
established easily when the victim was in company with his acquaintances at the
time he received the mortal injury and the victim remained in the presence of the
witnesses. Difficulties in identification seem to increase whenever there is a space
of time between the last known appearance of the victim and the time the body is
found. The problem of identity is a serious difficulty when the victim is a stranger
in the community or when his body has been decomposed (разлагаться) or
mutilated (увечить, калечить).
116
The work of identification is known to include taking fingerprints,
.photographs, masks in moulage, descriptions and measurements with attention
paid to the physical characteristics that are peculiar to that person. Clothing and
other items are examined for trade marks, laundry (прачечная) marks, or other
markings that will furnish clues. If wounds are on the body, it is important to know
if the clothing was or was not covering the place where the wound was inflicted.
Identification is best established by fingerprints if they were taken before death and
that person was accurately identified at the time the prints were taken.
Identification by some person who knows the victim well and views the body is the
next best. Photographs of the person made before death may be used to identify the
body although identification from a photograph alone is not always accurate.
Identification may be confirmed by other evidence which shows individual
characteristics in facial or body formations, marks, scars, dental work, jewelry,
clothing, handbags, etc., provided that a living person can identify these
characteristics.
The problem of identification may be very involved and may mean the
reconstruction of a dismembered body or a skeleton or part of the body. This is
difficult though not a hopeless task, but usually requires expert reconstruction to be
performed by a pathologist.
Any investigator who has a difficult problem of identification may need to
call in experts or consult authorities on the subject.
IDENTITY OF THE ATTACKER IN RAPES
The identity of the attacker may be secured in many ways. Sometimes the
victim thinks the attacker to be her acquaintance and may know his name and
address. Identity being known, apprehension may be easy. The probability is that
the defendant may rely for his defense on a claim that the victim consented
(соглашаться).
If accosted (приставать) by a stranger, identification may be secured from
the victim's description of him. There are many chances that the attacker resides
(проживать) or frequents the vicinity of the scene and an accurate description may
result in the attacker being identified. Any person who was observed near the scene
at about the time of the attack could be under suspicion. Known rapists
(насильник) and those with such tendencies may be suspected. Their photographs
may be examined in the rogues gallery. The methods of operating are likely to
reveal a type of attack peculiar to a certain person. He may be identified by
peculiarities in speech, dress, appearance, etc. When apprehended, the victim
should identify the suspect at once, if possible.
IDENTITY OF THE VEHICLE AND OPERATOR IN VEHICULAR
COLLISIONS
Ownership and identity of the vehicle are known to be established usually by
the license plates, the owner's registration card, and by the serial numbers of the
117
car and other identification. These should be with the motor vehicle at all times.
Identity is further aided by a knowledge of the make, style and the year in which
the vehicle was manufactured. The vehicle is identified to establish ownership and
the owner's legal responsibility. One of the owner's responsibilities is to reveal the
name of the operator of the vehicle if the owner was not operating it at the time of
the accident.
Identity is supposed to include a knowledge of the identity of the operator
involved at the time of collision. The operator is responsible for the safe operation
of the vehicle. The operator is identified by admission or confession on his part, or
by witnesses who saw him control the vehicle.
The physical condition of the operator at the time of collision is important.
What happened to him during the collision is also important, for his present
physical condition may have been caused by injuries received in the collision.
Identifying the operator reveals the one in control of the vehicle at the time
of collision. The investigator is interested in evidence of the amount of control of
the vehicle before and after the collision. Control in both cases depends to some
extent on the physical condition of the vehicle and operator. One can expect a
change in the ability to control if the vehicle is in motion after a collision, due to
shock or damage (вред, повреждение) to the operator or the vehicle.
IDENTIFICATION OF STOLEN ARTICLES IN CRIMES OF AVARICE
Stolen goods, once found, must be identified as the property of the real
owner and returned to him as soon as they are no longer needed in presenting
evidence. The person who has custody of these goods is supposed to be responsible
to see that no harm results to them during his custodianship. It may be possible to
return them to the owner at the time of discovery with the reservation that they can
be used as exhibits (экспонат, вещественное доказательство) in court and that
the owner is to be responsible for presentation at a time and place appointed by the
court.
ГРАММАТИКА И УПРАЖНЕНИЯ ДЛЯ ЧТЕНИЯ
§ 57. Сослагательное наклонение
Subjunctive Mood
Для выражения действия желательного, предполагаемого, сомни-
тельного используется сослагательное наклонение глагола.
I wish that he (would) come today. Я хочу, чтобы он пришел
сегодня.
If I were you I should know what to
do.
Если бы я был на Вашем месте,
я бы знал, что делать.
В русском языке сослагательное наклонение оформляется частицей
"бы" и глаголом в форме прошедшего времени.
118
N.B. Опущение союза if влечет за собой инверсию:
dered that a careful watch would be kept for suspicious vehicles.
Should you meet him tomorrow, you
should speak to him.
Если бы Вы встретили его
завтра, Вы бы поговорили с ним.
Ex. 1. Переведите следующие предложения, обращая внимания на
сослагательное наклонение глаголов.
1. If he were free he would come here by all means. 2. He would do that if
he knew that you wish it. 3. It is necessary that all police applicants be subjected to
a thorough medical examination. 4. It is desirable that police records should be
kept in perfect order. 5. It is important that reports should be clear, simple and
brief. 6. It is recommended that lectures should be given by experts in professions
associated with law enforcement. 7. It is proposed that a member of the Bench and
of the Bar should be invited to assist. 8. If a polygraph examination of the
complainant was used by the police the falsity of his reports could be established.
9. It is necessary that the police car should be parked a short distance from the
scene. 10. It is or
11. Should assistance be needed by the police officer outside the vehicle, he
activated a portable transmitter by finger pressure. 12. It is difficult to make a
complete list of items that would assist in determining if thefts are occuring and, if
they are occuring, in uncovering them.
КОНТРОЛЬНЫЕ ЗАДАНИЯ
Task I. Ответьте на следующие вопросы, используя материал урока.
– What types of crimes are solved by law enforcement professinals?
– What means and methods of identifying a criminal are used in criminal
investigation of different types of crimes?
Task II. Выполните письменно лексический тест. Проверьте правиль-
ность ответов по ключу. Определите эффективность своей работы.
Translate into English
1. преступления раскрываются
2. законы применяются
3. преступников наказывают
4. получают информацию
5. доказательства находят, собирают и
сохраняют
6. состав преступления
устанавливается
7. уголовные дела слушают
Translate into English
1. identity
2. identification
3. portrait parle
4. fingerprinting
5. burglary
6. malice
7. rape
8. homicide
9. assault
10. identi-kit
119
Task III. Поставьте глаголы, данные в скобках, в правильную форму
overt
covert, undercover
негласный
detect
обнаруживать, разыскивать
detective
агент сыскной полиции, сыщик;
detection
обнаружение, розыск
Crime Detection
investigate
расследовать, разыскивать
следователь
расследование
Investigational Techniques
crime
преступник; преступный
преступность
criminal
act преступное
действие
Passive Voice и переведите предложения на английский язык.
1. Угнанные автомобили брошены (to abandon).
2. Преступники были опознаны, найдены и задержаны (to identify,
locate, to apprehend).
3. Преступления совершаются (to commit).
4. Преступник будет допрошен (to interrogate).
5. Доказательства были уничтожены (to destroy).
6. У подозреваемого снимут отпечатки пальцев (to fingerprint).
Task IV. Напишите краткий рассказ о наиболее эффективных
современных методах и средствах установления личности преступников.
Приведите примеры.
UNIT XV
My Profession
Моя профессия
Обзор изученного ранее материала в различных ситуациях профессионального
общения.
Ex. 1. Повторите следующий лексический материал.
investigator
investigation
criminal
criminality
Criminal Investigation Department
(Division)
operative of the Criminal
Investigation Department
гласный
оперативно-розыскная
техника и тактика раскрытия
преступление, преступность
отдел уголовного розыска (рас-
следования)
оперуполномоченный уголовного
розыска
commit a crime
совершить преступление
120
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