JUST ENGLISH

JUST ENGLISH. Английский для юристов. Базовый курс

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 the 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'.

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 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 the 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.

Murder

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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.

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.

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.

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 expiry 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.

DEB А ТЕ

• An eye for an eye and a tooth for a tooth.

• Judge not least you be judged.

• Everyone deserves a second chance.

• Justice is nothing unless it is tempered with mercy.

Prepare your arguments for or against the statements above. Use the active vocabulary from the Unit.

Divide into two groups — pro and con, and conduct a debate.

Appoint the 'Chair' of the debate who will give the floor to the speakers of both teams. ——______———————————

THE EUROPEAN LAW IN THE 19^th CENTURY* NAPOLEON'S CODE

Napoleon's Law

The laws of continental Europe (particularly France), of .becm Canada, and of much of Latin America - along with the civil s of Louisiana- owe their modern form largely to the work of a man ) never even studied law. Napoleon Bonaparte, the Coraican soldier who became emperor of France after me French Revolution, established in 1800 five commissions to refine and organise the diverse legal systems of France. The result, enacted in 1804, was Napoleon's Code.

Some of its original 2,281 articles were drafted by Napoleon himself, and all were affected by his thinking, even though he was completely self-taught in legal matters. The code was a triumphant attempt to create a legal system that treated all citizens as equals without regard to their rank or previous privileges. It was also so clearly written that it could be read and understood by ordinary people at a

when only Latin scholars could make sense of the earlier laws handed n since Roman times. The code was adopted intact in most of the s of Europe that Napoleon dominated and spread from there across Atlantic, taking root particularly in French-speaking American munities. Many of its principles are still in force today.

The Bill of Rights

The Bill of Rights (1689) is one of the basic instruments of the British constitution, the result of the long l7th-century struggle between the Stuart kings and the English people and Parliament. The Bill of Rights provided the foundation on which the government rested after the Revolution of 1688. The Revolution settlement made monarchy clearly conditional on the will of Parliament and provided a freedom from arbitrary government of which most Englishmen were notably proud during the 18^lh century.

The main purpose of the act was unequivocally to declare illegal various practices of James II. Among such practices proscribed were the royal prerogative of dispensing with the law in certain cases, the complete suspension of laws without the consent of Parliament, and the levying of taxes and the maintenance of a standing army in peacetime without specific parliamentary authorization. A number of clauses sought to eliminate royal interference in parliamentary matters, stressing that elections must be free and that members of Parliament must have complete freedom of speech. Certain forms of interference in the course of justice were also proscribed. The act also dealt with the proximate succession to the throne, provided the heirs were Protestants. It is the constitutional paper of great importance, which prevented the sovereign from abusing his authority.

Билль о правах 1689 года

Борьба монарха и парламента привела к революции, извест­ной под названием Славная революция 1688 года. Король Яков II был снсргнут и вынужден покинуть страну. Его подозревали в желании сделать католическую религию официальной религией в Англии. В соответствии с Актом о престолонаследии (Act of Settlement), опуб­ликованным после Славной революции, принц Вильгельм Оранский и его супруга Мария взошли на трон. Условием их коронации было принятие ими английского Билля о правах.

Английский Билль о правах ограничивал власть монарха, на­делив парламентрешающей властью, и обеспечивал защиту англи­канской церкви от любых попыток религиозной контрреформы коро­ля Якова II или его преемников. Английский Билль о правах зак­лючал в себе много идей, касающихся права и государства, кото­рые позднее нашли свое отражение в американской Декларации не­зависимости, конституции и Билле о правах. Помимо ограничения власти монарха, документ декларировал такие традиционные пра­ва англичан, как право на суд присяжных, запрещение жесто­ких наказаний, право обращения с петициями к властям и право ношения оружия, которое, впрочем, предоставлялось лишь протестантам.

11. обращаться как с равными

12. разобраться в чем-то

13. приживаться, укореняться

14. быть в силе