Задание 10. Озаглавьте текст.

3Адание 11. Составьте самостоятельно письменный план текста, а потом перескажите его по этому плану.

Задание 12. Ознакомьтесь на стр. http://chartsbin.com/view/aq2 с картой правовых систем, используемых на разных континентах и в разных государствах. Составьте свою небольшую таблицу, обобщив информацию.

Задание 13. Прочитайте текст.

The Legal Heritage of Greece and Rome

The ancient Greeks were among the first to develop a concept of law that separated everyday law from religious beliefs. Before the Greeks most civilizations attributed their laws to their gods or goddesses. Instead, the Greeks believed that laws were made by the people for the people. In the seventh century B.C., Draco* drew up Greece’s first written code of laws. Under Draco’s code death was the punishment for most offenses. Thus, the term draconian usually applies to extremely harsh measures.

Several decades passed before Solon – poet, military hero, and ultimately Athens’ lawgiver – devised a new code of laws. Trial by jury, an ancient Greek tradition was retained, but enslaving debt ors was prohibited as were most of the harsh punishments of Draco’s code. Under Solon’s law

citizens of Athens were eligible to serve in the assembly and courts were established in which they could appeal government decisions. What the Greeks may have contributed to the Romans was the concept of “natural law”. In essence, natural law was based on the belief that certain basic principles are above the laws of a nation. These principles arise from the nature of people. The concept of natural law and the development of the first true legal system had a profound effect on the modern world.

*Draco – [‘dreikou] – Драконт (т.ж. Трахонт), афинский законодатель

Задание 14. Ответьте письменно на вопросы.

1. What does the ancient Greek concept of law comprise?

2. Why were the first laws mainly attributed to divine powers?

3. What is the origin and the meaning of the word “draconian”?

4. How do you understand the concept of “natural law”?

5. What was Solon’s contribution to ancient law?

Задание 15. Прочитайте текст и ответьте письменно на вопросы .

Magna Carta

At the heart of the English system are two principles of government - limited government and representative government. The idea that government was not all-powerful first appeared in the Magna Carta*, or Great Charter, that King John** signed in 1215 under the threat of civil war.

Earlier kings of England had issued charters, making promises to their barons. But these were granted by, not exacted from the king and were very generally phrased. Later the tension between the Kings and the nobility increased. In 1199, 1201, and 1205 John's barons had to be promised their rights. It is, therefore, not surprising that Stephen Langton, archbishop of Canterbury, directed baronial unrest into a demand for a solemn grant of liberties by the king. The document known as the Articles of the Barons was at last agreed upon and became the text from which the final version of the charter was drafted and sealed by John on June 15, 1215.

The Magna Carta established the principle of limited government, in which the power of the monarch, or government, was limited, not absolute. This document provided for protection against unjust punishment and the loss of life, liberty, and property except according to law. It stipulated that no citizen could be punished or kept in prison without a fair trial. Under the Magna Carta, the king agreed that certain taxes could not be levied without popular consent.

Although the Magna Carta was originally intended to protect aristocracy and not the ordinary citizens, it came in time to be regarded as a cornerstone of British liberties, and is one of the oldest written constitutional papers.

____________

*Magna Carta - Великая Хартия Вольностей

**King John - Иоанн Безземельный, английский король (1199-1216)

1. What were the two basic principles of the English system of government at the beginning of the 13th century? How do you understand these principles?

2. What political situation necessitated the granting of the Magna Carta?

3. What provisions did the Magna Carta contain?

4. Who enjoyed the rights granted by the Magna Carta?

Задание 16. Прочитайте и письменно переведите текст.

The Historical Development of the Doctrine of Precedent

If we go back to the early history of modern English law, we find that by the end of the 12^th century, virtually as soon as records of court proceedings were kept, there developed an interest in judicial decisions as guides to what the law is. Bracton in his treaties on English law, which were written in the middle of the 13^th century, referred to about 500 decided cases; he also wrote a Notebook that contained digests of 2000 cases. The word “precedent”, however, is entirely absent from Bracton’s vocabulary; cases for him and his contemporaries were not binding authorities but merely illustration of legal principles.

In the 14^th, 15th and early 16^th centuries law students kept notes of oral arguments in court cases. These notes were preserved in the so-called Yearbooks and showed that not only the students but also the courts were concerned with analogizing and distinguishing cases. Again, however, the decisions were not treated as authorities in any sense, and if a judge did not approve of a decision he would just say it was wrong.

In the 16^th and 17^th centuries we get the first systematic reports of cases and the first mention of precedent. Judges then began to say that they are bound by precedents in matters of procedure, and especially in matters of pleading, and the practice of citing previous cases became firmly established. It is interesting to note, however, that the word precedent was first used in 1557 and it was stated that a decision was given “notwithstanding two precedents”.

Задание 17.Найдите русские эквиваленты английских слов и сочетаний из текста. Запишите их в тетрадь . Английские слова и сочетания произнесите.

1 courtproceeding(s)

2 digest

3 approve of

4 report (n)r

5 pleading; plead guilty

6 cite (v)

7 establish

8 be concerned with

9 record (n)

10 guide (n,v)

11 mention

12 treat – treatment

13 distinguish

14 argue – argument

15. bind – binding authority

16. matter – matter of law

17. virtually

18. however

19. entirely

20. merely

21. so – called

22. in any sense

23. then

24. just

25. find, keep, show, get, bind ( three forms)

Задание 18. Задайте по прочитанному тексту вопросы друг другу.

UNIT VI:crime and punishment

Задание 1. Изучите таблицу. Подберите русские эквиваленты для названий преступников и правонарушителей ( 1 колонка), названий преступлений, совершаемых ими (3 колонка. Переведите информацию из 2 колонки, в которой даются определения названий преступников и правонарушителей.

Criminals and Law Breakers

Most countries have laws (official rules set by the government). Together, these laws are called "the Law". When people disobey the Law, we say that they "break the law", and we call such people "law breakers" or "criminals". Breaking the law is a "crime".

This criminal (noun)	Does this...	The crime (noun)	The action (verb)
accomplice	helps another person to commit a crime	aiding and abetting	to aid and abet
arsonist	sets fire to other people's property illegally	arson	to commit arson
assassin	kills people for political reasons, or in return for payment	assassination	to assassinate
bigamist	marries more than one person at the same time	bigamy	to commit bigamy
burglar	breaks in to buildings to steal	burglary	to burgle
deserter	is a member of the armed forces who leaves without permission	desertion	to desert
drug dealer	buys and sells illegal drugs	drug dealing	to deal in drugs
forger	makes fake money or documents	forgery	to forge
gangster	is a member of a violent criminal gang (group)	gangsterism	-
hijacker	takes control of a vehicle (plane, ship etc) by force and diverts it	hijacking	to hijack
hooligan	is a violent young troublemaker	hooliganism	-
kidnapper	takes people away by force and demands money to free them	kidnapping	to kidnap
mugger	attacks and robs people in a public place	mugging	to mug
murderer	deliberately kills another person	murder	to murder
offender	is anybody who breaks the law	committing an offence	to offend
pickpocket	steals money etc from other people's pockets	pickpocketing	to pickpocket
robber	steals money etc, using force or the threat of force	robbery	to rob
shoplifter	steals goods from a shop while pretending to be a customer	shoplifting	to shoplift
smuggler	moves goods illegally into or out of a country without paying tax	smuggling	to smuggle
spy	secretly gets information about another country	spying	to spy
stowaway	hides on a plane or ship to travel secretly and free	stowing away	to stow away
terrorist	uses violence for political reasons	terrorism	to commit terrorism
thief	steals property from other people (without using violence)	theft	to thieve
traitor	betrays his country to another country	treachery	to betray
vandal	deliberately destroys or damages public property	vandalism	to vandalize

Задание 2. Выполните задание на странице: http://www.groovetoenglish.com/criminals.htm

Задание 3. Прочитайте текст. Выпишите и переведите подчёркнутые слова и сочетания.

Cesare Lombroso (1836 – 1909)

Professor Lombroso is a criminologist whose views, though not altogether correct, caused a lot of interest and made other people look into the problem of crime in a more scientific way. He is regarded as the father of the scientific study of criminals, or criminology.       Lombroso studied at the universities of Padua, Vienna, and Paris, and later he became a professor of psychiatry and forensic medicine, a director of a mental asylum.       In an enormous book called The Criminal, he set out the idea that there is a definite criminal type, who can be recognized by his or her appearance. Some of what he said is difficult to believe. For example, he said that left-handed persons have a criminal instinct. Among the things he considered important were the shape of the head, colour of the hair, the eyes, the curve of the chin and forehead and if the ears stick out.       Lombroso's theories were widely influential in Europe for a time, but his emphasis on hereditary causes of crime was later strongly rejected in favour of environmental factors. Lombroso tried to reform the Italian penal system, and he encouraged more humane and constructive treatment of convicts through the use of work programs intended to make them more productive members of society.

Задание 4. Найдите русские эквиваленты английских слов и сочетаний из текста. Запишите их в тетрадь . Английские слова и сочетания произнесите.

1. criminology,acriminologist

2. view,apointofview

3. to look into a problem

4. to be regarded as

5. scientific study of criminals

6. a professor of psychiatry and forensic medicine

7. mental asylum

8. to set out an idea

9. to be recognized by appearance

10. a left handed person

11. to have a criminal instinct

12. stuck out ears

13. hereditary causes of crime

14. to reject in favor of environmental factors

15. to reform penal system

16. humane treatment of convicts

Задание 5. Выберите соответствующие слова и сочетания для пробелов в тексте.

criminal types; capital punishment; inmates; case studies; upbringing; investigations; suspended; multiple; unthinkable; rehabilitative.

      

Cesare Lombroso, professor of psychiatry and anthropology at the University of Turin, sought through firsthand observation and measurement of prison _________ to determine the characteristics of _______. Some of his __________ allowed him to establish the existence of “hereditary criminals”. Lombroso held that such criminals exhibit a higher percentage of physical and mental anomalies than do noncriminals. Among these anomalies, were various unusual skull sizes and asymmetries of the facial bones.       Other scholars helped to introduce the ideas that crime has ________ causes and that most criminals are not born criminal but are shaped by their __________ and associations. Thus, the emphasis in criminology had turned to experimental _____ _____ and to preventive and _______ measures. Without this contribution into the scientific study of criminals the present-day alternatives to ____________ and old-fashioned imprisonment such as probation, ________ sentence, fines, and parole would have been _________.

Задание 6. Ответьте на вопросы.

1. What is Cesare Lombroso famous for?

2. How did he try to relate criminal behaviour to a person’s appearance?

3. What was Lombroso’s contribution to the development of penal system?

Задание 7. Прочитайте и письменно переведите текст.

Habeas Corpus Act

In Britain, the United States and many other English- speaking countries, the law of Habeas Corpus guarantees that nobody can be held in prison without trial. Habeas Corpus became a law because of a wild party held in 1621 at the London home of a notoriously rowdy lady, Alice Robinson. When a constable appeared and asked her and her guests to quiet down, Mrs. Robinson allegedly swore at him so violently that he arrested her, and a local justice of the peace committed her to jail.

When she was finally brought to trial, Mrs. Robinson’s story of her treatment in prison caused an outcry. She had been put on a punishment diet of bread and caused an outcry. She had been put on a punishment diet of bread and water, forced to sleep on the bare earth, stripped, and given fifty lashes. Such treatment was barbaric even by the harsh standards of the time; what made it worse was that Mrs. Robinson was pregnant.

  Public anger was so great she was acquitted, the constable who had arrested her without a warrant was himself sent to prison, and the justice of the peace, was severely reprimanded. And the case, along with other similar cases, led to the passing of the Habeas Corpus Act in Britain in 1679. The law is still on the British statute books, and a version of it is used in the United States, where the law is regarded as such an important guarantee of liberty that Article 1 of the U.S.

Constitution declares that “Habeas Corpus shall not be suspended except in cases of rebellion or invasion”.

Habeas Corpus is part of a Latin phrase- Habeas corpus ad subjiciendum- that means “Let the body be brought before the judge.” In effect, a writ of Habeas Corpus is an order in the name of the people (or, in Britain, of the sovereign) to produce an imprisoned person in court at once.

 

Задание 8. Найдите эквиваленты русских слов и сочетаний из текста. Запишите их в тетрадь. Английские слова и сочетания произнесите.

1.    мировой судья

2.    ордер на арест

3.     варварское отношение

4.     восстание, мятеж, бунт

5.     вторжение, нападение, нашествие

6.     недовольство общественности

7.     печально известный, пользующийся дурной славой

8.     заключить в тюрьму

9.     вызвать гневный протест

10.   привести к принятию закона

11.   получить строгий выговор

12.   предстать перед судом

13.   быть оправданным

14.   быть приостановленным

15.   от имени народа/ монарха

Задание 9. Напишите по-русски 5-6 предложений со словами и сочетаниями из упр.2. Попросите друг друга перевести их на английский язык.

Задание 10. Ответьте письменно на вопросы по тексту.

1. What does the phrase “Let the body be brought” mean?

2. What is Habeas Corpus?

3. Why did Mrs. Robinson’s case and similar cases bring about the passing of the Habeas Corpus Act? When did it happen?

4. Where else (in what countries) is the Act in use?

5. Is there any situation in which the Act can be suspended?

Задание 11. Составьте аннотацию текста сначала на русском, а потом на английском языке. Воспользуйтесь памяткой.

Памятка 9

Аннотация–(от лат.annotatio – замечание) предельно краткое изложение того, очемможно прочитать в данном первоисточнике. В аннотации перечисляются главные вопросы, проблемы, изложенные в первичном тексте, а также может характеризоваться его структура. Действия при написании аннотации могут быть следующими: 1) Разбейте текст на смысловые части. 2) Определите основную тему и подтемы каждой. Запишите их. Структура предложений аннотации: Thetext“ …….. “dealswiththeproblemof( в анализируемом тексте рассматривается проблема…) Thearticleinvestigatesthecausesof+ (сущ или –ingформа) - в статье исследуются причины…) Theauthordescribestheeventsof+(сущ или –ingформа) - автор описывает события о…. The author suggests methods of solving the problem of +(сущ или –ing форма) - автор предлагает способы решения проблемы… Слова и сочетания для написания аннотации на английском языке можно найти а Приложении 1 на стр.

Задание 12. Прочитайте тексты. Обсудите в парах их содержание, опираясь на следующие вопросы:

 1. Was justice done?  2. If you had been the judge, would you have given a different sentence?

3. If you had been the judge, what other facts and circumstances would you have wanted to know?

 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".Homicide Bernard Lewis, a mirty-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.MurderIn 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 a 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.AssaultIn 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.Shop-liftingIn 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 and had to pay ?200 towards the cost of the case. A few days later she killed herself.FraudThis is an example of a civil case rather than a criminal one. A man had taken out an insurance policy of ?100,000 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 expire 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.

Задание 13. Прочитайте текст и ответьте на вопросы.

Murder

  The abolition of capital punishment in England in November 1965 was welcomed by most people with humane and progressive ideas. To them it seemed a departure from feudalism, from the cruel pre-Christian spirit of revenge: an eye for an eye and a tooth for a tooth  Many of these people think differently now. Three unarmed policemen have been killed in London by bandits who shot them down in cold blood. This crime has drawn attention to the fact that since the abolition of capital punishment crime - and especially murder - has been on increase throughout Britain. Today, therefore, public opinion in Britain has changed. People who before, also in Parliament, stated that capital punishment was not a deterrent to murder - for there have always been murders in all countries with or without the law of execution - now feel that killing the assassin is the lesser of two evils. Capital punishment, they think, may not be the ideal answer, but it is better than nothing, especially when, as in England, a sentence of "lifelong" imprisonment (a life sentence, as it is called) only lasts eight or nine years.  All this is very controversial. And all the arguments for and against can be refuted in practice. The problem remains - the problem of how to prevent murders. Some murders are committed by criminals evading arrest, by insane or mentally disturbed people, by cold-blooded sadists completely devoid of all human feelings. The important thing in the prevention of murder is to eliminate as far as possible the weapons and instruments, the guns and knives, with which these crimes are committed, and futhermore to stop the dangerous influence of violence in books, films, television and other mass media, from which so many criminals derive their "inspiration"

1. What kind of a crime is being discussed in the text?

2. Is capital punishment abolished in Great Britain? If “yes”, then what is the most severe punishment there?

3. How has the attitude towards the capital punishment changed in Great Britain since 1965?

4. Do you agree to the statement that capital punishment is “better than nothing”?

5. What measures of preventing murders does the text suggest? Are you of the same opinion on the problem?

 Задание 14 . Разделитесь на группы, обсудите и запишите список аргументов «за» и «против» следующих утверждений.

1. Mild sentences are a sign of a civilized society.  2. Capital punishment is not a deterrent to murder.  3. Armed policemen can perform their duties better.  4. Scenes of violence in films encourage crime.  5. Legalized selling of firearms stimulates murder.  6. Legalized selling of firearms ensures security.  7. The instinct to kill is basic to human nature.

Задание 15.a) Прочитайте текст. Найдите синонимы следующих слов и сочетаний из текста.

 - burst into tears;  - respectable;  - shop-lifting;  - youngster;

б) Перескажите историю от лица:

 - Саманты-охранникмагазина-полицейскогоA Fourteen year old Samantha was lucky this time. Caught by a store detective with a bottle of hair conditioner, eye-lash dye, and a copy of Young Generation hidden in her bag, she found herself in a van being driven to the police station. Even more upset than Samantha was her Mum. She was as white as a sheet when she went to collect Samantha from police station, andburst into tears.  Samantha says, "I was lucky. Two policemen came and looked at my home, which is very middle class  andrespectable. I think that's why they let me off. They even asked to see my school books."   After two years of regularshoplifting, Samantha has decided to go straight from now on. She says she did it mostly out of boredom, and not to impress her friends as a tot ofyoungstersdo. But she feels she's grown out of it after the fright she got the other day, and has decided to look for other interests.

Задание 16. Задайте по прочитанному тексту вопросы друг другу.

Задание 17. Выберите соответствующие слова и сочетания для пробелов в тексте.

THE PURPOSE OF STATE PUNISHMENT

wrongdoer; misdeeds; deterrent; retribution; death penalty; corporal punishment;

rehabilitate; reform; barbaric; law-abiding; humane; crime doesn't pay

What is the purpose of punishment? One purpose is obviously to _____ the offender, to correct the offender's moral attitudes and anti-social behaviour and to ______ him or her, which means to assist the offender to return to normal life as a useful member of the community.

Punishment can also be seen as a ______ because it warns other people of what will happen if they are tempted to break the law and prevents them from doing so. However, the third purpose of punishment lies, perhaps, in society's desire for _______, which basically means revenge. In other words, don't we feel that a ______should suffer for his ______?

The form of punishment should also be considered. On the one hand, some believe that we should “make the punishment fit the crime”. Those who steal from others should be deprived of their own property to ensure that criminals are left in no doubt that ___________. For those who attack others _____ should be used. Murderers should be subject to the principle “an eye for an eye and a tooth for a tooth” and automatically receive the __________.

On the other hand, it is said that such views are unreasonable, cruel and _______ and that we should show a more ______ attitude to punishment and try to understand why a person commits a crime and how society has failed to enable him to live a respectable, _______ life.

Задание 18. Выберите соответствующие слова и сочетания для пробелов в тексте.

From the History of Punishment

victim; felons; offender; beheading; adultery; pillory; punishment; execution;

deliberately; condemned; ancient; medieval; guilty; legal; public

For the most history __________ has been both painful and _______ in order to act as deterrent to others. Physical punishments and public humiliations were social events and carried out in most accessible parts of towns, often on market days when the greater part of the population were present. Justice had to be seen to be done.

One of the most bizarre methods of ______ was inflicted in ancient Rome on people found ______ of murdering their fathers. Their punishment was to be put in a sack with a rooster, a viper, and a dog, and then drowned along with the three animals. In ________ Greece the custom of allowing a _______ man to end his own life by poison was extended only to full citizens. The philosopher Socrates died in this way. Condemned slaves were beaten to death instead. Stoning was the ancient method of punishment for _________ among other crimes.

In Turkey if a butcher was found guilty of selling bad meat, he was tied to a post with a piece of stinking meat fixed under his nose, or a baker having sold short weight bread could be nailed to his door by his ear.

One of the most common punishments for petty offences was the _________, which stood in the main square of towns. The _________ was locked by hands and head into the device and made to stand sometimes for days, while crowds jeered and pelted the offender with rotten vegetables or worse.

In _______ Europe some methods of execution were ______ drawn out to inflict maximum suffering. ______ were tied to a heavy wheel and rolled around the streets until they were crushed to death. Others were strangled, very slowly. One of the most terrible punishments was hanging and quartering. The ________ was hanged, beheaded and the body cut into four pieces. It remained a ________ method of punishment in Britain until 1814. __________ was normally reserved for those of high rank. In England ‘block and axe’ was the common method but this was different from France and Germany where the victim kneeled and the head was taken off with a swing of the sword.

Задание 19. Ответьте на вопросы по тексту «From the history of punishment”.

1. Why did ancient punishment have to be painful?

2. What was the purpose of making punishments public?

3. What was the symbolic meaning of the punishment inflicted on the parent’s murderers?

4. What punishments were most common in the East?

5. How did punishments reflect social status?

Задание 20. Прочитайте текст и напишите его аннотацию.

The Miranda Warning

"You have the right to remain silent; anything you say can be used against you....", these are the words of the Miranda warning which was created as a result of 1966 United States Supreme Court case, Miranda v. Arizona. It began when Ernesto Miranda was arrested at his home and taken into custody to the police station, where he was identified by a witness as the man who had kidnapped and raped a woman. Police officers took Mr. Miranda into an interrogation room and two hours later emerged with a written confession signed by Mr. Miranda that also stated that the confession was made voluntarily and with full knowledge of his legal rights. The officers, however, failed to advise Mr. Miranda that he had a right to have an attorney present.

The United States Supreme Court ruled that the confession could not be used as evidence of Mr. Miranda's guilt because he was not fully advised on his legal rights, which included the right to have his attorney present. The Fifth Amendment to the United States Constitution states that no person can be deprived of life, liberty, or property, without due process of law. To ensure that other accused criminals are made aware of their constitutional rights, The Supreme Court ruled that a suspect who is taken into custody and interrogated must receive a warning of the following rights: the right to remain silent, that anything he says can be used against him in a court of law, that he has a right of the presence of an attorney, and that if he can not afford an attorney, one will be appointed for him prior to any questioning if he so desires. The "Miranda warning" is now applied by law officers throughout the United States as a result of this ruling.

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Early Juries

A jury is a body of lay men and women randomly selected to determine facts and to provide a decision in a legal proceeding. Such a body traditionally consists of 12 people and is called a petit ju ry or trial jury.

The exact origin of the jury system is not known; various sources have attributed it to different European peoples who at an early period developed similar methods of trial The jury is probably of Frankish origin, beginning with inquisition, which had an accusatory and interrogatory function. Trial by jury was brought to England by the Normans in 1066.

In medieval Europe, trials were usually decided by ordeals, in which it was believed God intervened, revealing the wrongdoer and upholding the righteous. In the ordeal by water, for instance, a priest admonished the water not to accept a liar. The person whose oath was being tested was then thrown in. If he floated, his oath was deemed to have been perjured. If he was telling the truth, he might drown but his innocence was clear.

In 1215, however, the Catholic Church decided that trial by ordeal was superstition, and priests were forbidden to take part. As a result, a new method of trial was needed, and the jury system emerged.

At first the jury was made up of local people who could be expected to know the defendant. A jury was convened only to “say the truth” on the basis of its knowledge of local affairs. The word verdict reflects this early function; the Latin world from which it is derived, veredictum, means “truly said”.

In the 14th century the role of the jury finally became that of judgment of evidence. By the 15th century trial by jury became the dominant mode of resolving a legal issue. It was not until centuries later that the jury assumed its modern role of deciding facts on the sole basis of what is heard in court.