11Яредставить дело на рассмотрение жюри присяжных заседателей.

TASK 4. Answer the questions.

1. What are the basic principles which are found at all levels of American government?

2. How do you understand the saying: "The President proposes, but Congress disposes"?

3. Who is the chief executive in each state?

4. What laws do the local police enforce?

TASKS. Read the text.

Congress

Congress, the legislative branch of the federal government, is made up of the Senate and the House of Representatives. There are 100 Senators, two from each state. One third of the Senators are elected every two years for six-year terms of office. The Senators represent all of the people in a state and their interests.

The House has 435 members. They are elected every two years for two-year terms. They represent the population of "congressional districts" into which each state is divided. The number of Representatives from each state is based upon its population. For instance, California, the state with the largest population, has 45 Representatives, while Delaware has one. There is no limit to the number of terms a Senator or a Representative may serve.

Almost all elections in the United States follow the "winner-take-all" principle: the candidate who wins the largest number or" votes in a Congressional district is the winner. Congress makes all laws, and each house of Congress has the power to introducs legislation. Each can also vote against legislation passed by the other. Because legislation only becomes law if both houses agree, compromise between them is necessary. Congress decides upon taxes and how money

The House of Representatives meets in the left wing of the Capitol, and the Senate occupies the right wing Before a site was selected for a new national capital and the government buildings were constructed there Congress met in the former County Courthouse in Philadelphia

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is spent. In addition, it regulates commerce among the states and with foreign countries. It also sets rules for the naturalization of foreign citizens.

TASK 6. Complete the following text by translating the -words or expressions in brackets.

The (законодательная ветвь) - (конгресс) - consists of the (Сенат) and the (Палата Представителей). Each (сенатор) is elected for six years and each (представитель) for two years, with no limitation on the number of (сроков).

Each of the 50 states elects two (сенатор) under a system in which one-third of the (Сенат) is elected every two years. А (сенатор) must be (старше) 30 years old and must have been an American citizen for (no меньшей мере) nine years.

The (Палата Представителей) has 435 members. Each state is divided into congressional districts of roughly (равное) population, and the (избиратели) of each district elect one (представитель) to (Конгресс). А member must be (старше) 25 years of age and must have been an American citizen for at least seven years.

Both (палата) of (Конгресс) must (одобрить) bills before they become law. The (Сенат) alone (утверждает) the President's (кандидаты) for high-level official positions and (ратифицирует) treaties with other nations.

TASK 7. Read the text.

The President and Federal Departments

The President of the United States is elected every four years to a four-year term of office, with no more than two full terms allowed. As is true with Senators and Representatives, the President is elected directly by the voters (through state electors). In other words, the political party with the most Senators and Representatives does not choose the President. This means that the President can be from one party, and the majority of those in the House of Representatives or Senate (or both) from another. This is not uncommon.

Thus, although one of the parties may win a majority in the midterm elections (those held every two years), the President remains President, even though his party may not have a majority in either house. Such a result could easily hurt his ability to get legislation through Congress, which must pass all laws, but this is not necessarily so. In any case, the President's policies must be approved by the House of Representatives and the Senate before they can become law. In domestic as well as in foreign policy, the President can seldom

count upon the automatic support of Congress, even when his own party has a majority in both the Senate and the House. Therefore, he must be able to convince Congressmen, the Representatives and Senators, of his point of view. He must bargain and compromise. This is a major difference between the American system and those in which the nation's leader represents the majority party or parties, that is parliamentary systems.

Within the Executive Branch, there are a number of executive departments. Currently these are the departments of State, Treasury, Defence, Justice, Interior, Agriculture, Commerce, Labour, Health and Human Resources, Housing and Urban Development, Transportation, Energy, and Education. Each department is established by law, and, as their names indicate, each is responsible for a specific area. The head of each department is appointed by the President. These appointments, however, must be approved by the Senate. None of these Secretaries, as the department heads are usually called, can also be serving in Congress or in another part of the government. Each is directly responsible to the President and only serves as long as the President wants him or her to. They can best be seen, therefore, as Presidential assistants and advisers. When they meet together, they are termed "the President's Cabinet." Some Presidents have relied quite a bit on their Cabinets for advice, and some very little.

TASK 8. Explain the meanings of the folio-wing words and expressions from the text. Make sentences with each of them.

- midterm elections; -term of office;

- Senator;

- Representative;

- Congressman;

- parliamentary system of government;

- executive department;

- Secretary of an executive department;

- the President's Cabinet.

TASK 9. Complete the following text by trtanslating the words and expressions in brackets.

The President of the United States is chosen in a national election for a four-year (пребывание у власти), and may be (переизбран) for a second (срок). Не must be a native-born citizen at least 35 years old. His salary is $200,000 a year, and he also gets an extra $50,000 for expenses; but he must pay (подоходный налог) on the whole amount. He receives up to $100,000

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tax-free for travel and $20,000 for official entertainment, and is provided with a home and extensive office space at the White House.

As head of the Executive Branch, the President must (выполнять) the government programmes (принятые) by Congress. He recommends programmes and laws to Congress and requests money for federal government operations. If a President "vetoes" or refuses to sign a bill passed by the Congress, his (вето) may be (отменено) by a two-thirds vote of both houses of Congress. The President (назначает) federal (судьи), (послы) and hundreds of government (чиновники), and assigns duties to the elected Vice President. If a President dies, (уходит в отставку) or becomes permanently disabled, the Vice President (принимает на себя его обязанности) until the next election.

Under the US Constitution a sitting President may be (смещен с должности) before his term expires only by an impeachment process that begins with the House of Representatives. If upon sufficient evidence, the House drafts a "bill of impeachment," which must be (одобрен) by two-thirds of its тетЬегзЫрХСудебный процесс) in the Senate, with the Chief Justice of the United States acting as the judge and the Senators as the jury, follows. Only one American President has ever been impeached: Andrew Johnson, who was (судим и оправдан) in 1868. But 1974 saw an equally historic confrontation arising out of the "Watergate" affair, which centered on illegal campaign contributions and involved (высокопоставленные государственные чиновники), including President Richard Nixon. Before a trial could take place, however, President Nixon (подал в отставку), and Gerald R. Ford, then Vice President, (сменил) him. The transition was quick and orderly as the business of the nation went on.

TASK 10 Answer the questions .

1. How many terms may a Senator or a Representative serve?

2. Which house of Congress has the power to introduce laws?

3. Name at least three functions of Congress.

4. Does the President always belong to the party which has the majority in Congress?

5. What is the major difference of the American system of government from parliamentary ones?

6. Name at least three functions of the President.

7. Who succeeds the President if he dies or resigns?

8. Under what circumstances can the President be removed from office before his term expires?

9. Who does the President's Cabinet consist of?

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TASK 11.. Read the text and state briefly the functions of each department. Give Russian equivalents for the names of the departments

Federal Departments

The Department of State, headed by the Secretary of State, advises the President on foreign relations. This department handles all peaceful dealings with other countries, and issues passports to American citizens who wish to travel abroad, and visas to visitors to the United States.

The Treasury Department manages government finances, collects taxes, mints coins and prints paper money. The Secret Service, which protects the President and the Vice President, their families and some other dignitaries, is also part of the Treasury Department. So are the Bureau of Customs and the Internal Revenue Service.

The Department of Defence is responsible for the nation's security. The Secretary of Defence is assisted by the Secretaries of the Army, Navy and Air Force.

The Department of Justice, headed by the Attorney General, acts for the government in legal matters and moves against violators of federal laws. The FBI and federal prisons are under his jurisdiction.

The Department of the Interior protects and develops the nation's natural resources and manages the national parks. It also enforces federal hunting and fishing laws, checks on the safety of mines and is responsible for the welfare of the Indian tribes.

The Department of the Agriculture aids food production and looks after the interests of farmers. It issues numerous reports on the supply and prices of farm products, conducts scientific studies of agriculture and lends money to build rural electric systems. Most farms today are served by electricity.

The Department of Labour is concerned with the working conditions, safety and welfare of the nation's nonfarm workers. It enforces, among others, the laws on minimum wages and maximum hours for workers. The department's mediation and conciliation service helps employers and workers to settle labour disputes.

The Department of Commerce helps develop domestic commerce as well as trade with other countries, particularly in the mining, manufacturing and transportation industries. One of its important branches issues patents for new inventions; other test products to be sure they meet high standards and report on weather conditions.

In 1979 the Department of Health, Education and Welfare was reorganized into two separate agencies: the Department of Health and Human Services (HHS) and the Department of Education. HHS administers many of the nation's social services programmes on a federal level. The Department of

6-6858

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lucation administers and co-ordinates more than 150 federal aid-to-education •ogrammes.

The Cabinet-level Department of Housing and Urban Development was created in 1965 to help provide adequate housing, particularly for low-income groups, and to foster large-scale urban renewal programmes.

In 1966 President Lyndon Johnson proposed, and Congress approved, the establishment of a Department of Transportation to co-ordinate transportation activities previously carried on by several government agencies.

The Department of Energy, created in 1977 to address the nation's growing energy problems, consolidated the major federal energy functions into single Cabinet-level department. It is responsible for research, development and demonstration of energy technology; energy conservation; the nuclear weapons programme; regulation of energy production and use; pricing and allocation; and a central energy data collection and analysis programme.

In addition to the executive departments, there are numerous independent agencies charged with special functions. Largest of these is the Postal Service, directed by an 11 -member board of governors, which was created in 1979 to replace the Post Office Department. It operates post offices, is responsible for handling and delivery of mail and issues stamps.

Other independent regulatory agencies set rules and standards in such fields as rail and air transportation, domestic trade practices, broadcasting licenses and telephone and telegraph rates, investment trading, some banking practices, and equal employment opportunities.

Т ASK 12. Read the text.

The Federal Judiciary

The third branch of government, in addition to the legislative (Congress) and executive (President) branches, is the federal judiciary. Its main instrument is the Supreme Court, which watches over the other two branches. It determines whether or not their laws and acts are in accordance with the Constitution. Congress has the power to fix the number of judges sitting on the Court, but it cannot change the powers given to the Supreme Court by the Constitution itself. The Supreme Court consists of a chief justice and eight associate justices. They are nominated by the President but must be approved by the Senate. Once approved, they hold office as Supreme Court Justices for life. A decision of the Supreme Court cannot be appealed to any other court. Neither the President nor Congress can change their decisions. In addition to the Supreme Court, Congress has established 11 federal courts of appeal and, below them, 91 federal district courts.

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The Supreme Court has direct jurisdiction in only two kinds of cases: those involving foreign diplomats and those in which a state is a party. All other cases which reach the Court are appeals from lower courts. The Supreme Court chooses which of these it will hear. Most of the cases involve the interpretation of the Constitution. The Supreme Court also has the "power of judicial review," that is, it has the right to declare laws and actions of the federal, state, and local governments unconstitutional. While not stated in the Constitution, this power was established over time.

TASK 13. Explain the meanings of the following expressions from the text and make sentences with each of them.

Chief Justice; Associate Justice; federal court; district court; direct jurisdiction; lower court; to be unconstitutional.

TASK 14. Answer the questions.

1. What are the functions of the Supreme Court of the USA?

2. Who does the Supreme Court consist of?

3. How long do the Supreme Court Justices serve?

4. Are the Supreme Court Justices elected?

5. Who can change the decisions of the Supreme Court?

6. What lower courts, besides the Supreme Court, are there in the USA ?

7. In what kinds of cases does the Supreme Court have direct jurisdiction?

8. What is the "power of judicial review"? TASK 15. Read the text.

Cost of Government

The average cost of all governments - federal, state and local - to each man, woman and child in the United States is $4,539 a year. About two-thirds of all taxes collected go to the federal government.

The individual income tax provides the federal government slightly less than half its revenues. A person with an average income pays about 11 per cent of it to the government; those with very large incomes must pay up to 50 per cent. Many states also have their own income taxes. Many other taxes - on property, entertainments, automobiles, etc. - are levied to provide funds for national, state and local governments.

Federal government spending for defence purposes, including military help to other nations, has fallen as a portion of total government expenditures from 58.7 per cent in 1958 to 25.7 per cent in fiscal year 1981. The remaining

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74.3 per cent of the federal budget has gone into public welfare programmes, development of water and land resources, public health and education. As a result of the expansion and increased costs of government services, the national debt has increased greatly since World War II.

TASK 16. Find in the text the English equivalents for the expressions below.

- взимать налоги;

- средняя стоимость;

- на оборонные цели;

- личные доходы;

- подоходный налог;

- налог на имущество;

- военная помощь другим странам;

- федеральный бюджет;

- национальный долг.

TASK 17. Using the information in the unit above, discuss the folio-wing questions.

1. What differences are there between: the government of the USA and Congress; the federal and state governments?

2. Which of the two houses of Congress has more power?

3. Which of these people are not elected: the Vice President, the Secretary of State, a Senator, the Supreme Justice, the Attorney General.

4. Which areas of government do these people deal with: the President, the Secretary of Defence, the Secretary of State, the Associate Justices, Representatives in Congress.

5. If the President wants to introduce a new law, what are the functions of the following: the President himself, the House of Representatives, members of the Cabinet?

6. List some similarities and differences between the US system of government and that of your own country.

7. Who has the right of Legislative Initiative?

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Unit III THE SYSTEM OF CHECKS AND ВАЦ* NCES

TASK 1. Read the text and look at the chart.

Checks and Balances

The Constitution provides for three main branches of government which are separate and distinct from one another. The powers given to each are carefully balanced by the powers of the other two. Each branch serves as a check on the others. This is to keep any branch from gaining too much power or from misusing its powers. The chart below illustrates how the equal branches of government are connected and how each is dependent on the other two.

Congress has the power to make laws, but the President may veto any act of Congress. Congress, in its rum, can override a veto by a two-thirds vote in each house. Congress can also refuse to provide funds requested by the President. The President can appoint important officials of his administration, but they must be approved by the Senate. The President also has the power to name all federal judges; they, too, must be approved by the Senate. The courts have the power to determine the constitutionality of all acts of Congress and of presidential actions, and to strike down those they find unconstitutional.

The system of checks and balances makes compromise and consensus necessary. Compromise is also a vital aspect of other levels of government in the United States. This system protects against extremes. It means, for example, that new presidents cannot radically change governmental policies just as they wish. In the US, therefore, when people think of "the government", they usually mean the entire system, that is, the Executive Branch and the President, Congress, and the courts. In fact and in practice, therefore, the President (i.e. "the Administration") is not as powerful as many people outside the US seem to think he is. In comparison with other leaders in systems where the majority party forms "the government", he is much less so.

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The Separation of Powers Checks and Balances

Congress can pass

laws over the

President's veto

by a two-thirds

majority

The Court can declare laws unconstitutional

The Senate must confirm the

President's judicial

appointments

TASK 2. Explain the meanings of the following words and expressions.

a) constitutionality;

b) to strike down an act of Congress;

c) consensus;

d) the Administration.

TASK 3. Find in the text the English equivalents for the expressions below.

- быть связанным с;

- получить слишком большую власть;

- зависеть от;

- политика правительства;

- партия большинства;

- отклонить вето президента;

- одобрить;

- по сравнению с.

TASK 4. Answer the questions.

\. How are the powers of

a) the President;

b) Congress;

c) the Supreme Court limited by the system of checks and balances?

2. What is the role of compromise in the American system of running the country?

3. Why do people abroad tend to exaggerate the power of the US President?

Unit IV AMERICAN FEDERALISM

TASK 1. Read the text.

Federalism: State and Local Governments

The fifty states are quite diverse in size, population, climate, economy, history, and interests. The fifty state governments often differ from one another, too. Because they often approach political, social, or economic questions differently, the states have been called "laboratories of democracy". However, they do share certain basic structures. The individual states all have republican forms of government with a senate and a house. (There is one exception, Nebraska, which has only one legislative body of 49 "senators"). All have executive branches headed by state governors and independent court systems. Each state has also its own constitution. But all must respect the federal laws and not make laws that interfere with those of the other states (e.g., someone who is divorced under the laws of one state is legally divorced in all). Likewise, cities and local authorities must make their laws and regulations so that they fit their own state's constitution.

The Constitution limits the federal government to specific powers, but modern judicial interpretations of the Constitution have expanded federal responsibilities. All others automatically belong to the states and to the local communities. This has meant that there has always been a battle between federal and state's rights. The traditional American distrust of a too powerful central government has kept the battle fairly even over the years. The states and local communities in the US have rights that in other countries generally belong to the central government.

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All education at any level, for example, is the concern of the states. The local communities have the real control at the public school level. They control administration of the schools. They elect the school board officials, and their local community taxes largely support the schools. Each individual school system, therefore, hires and fires and pays its own teachers. It sets its own policies within broad state guidelines. Similarly, there is no national police force, the FBI influence being limited to a very few federal crimes, such as kidnapping. Each state has its own state police and its own criminal laws. The same is true with, for example, marriage and divorce laws, driving laws and licenses, drinking laws, and voting procedures. In turn, each city has its own police force that it hires, trains, controls, and organizes. Neither the President nor the governor of a state has direct power over it. By the way, police departments of counties are often called "sheriffs departments". Sheriffs are usually elected, but state and city police officials are not.

There are many other areas which are also the concern of cities, towns, and villages. Among these are opening and closing hours for stores, street and road repair, or architectural laws and other regulations. Also, one local community might decide that a certain magazine is pornographic and forbid its sale, or local school board might determine that a certain novel should not be in their school library. (A court, however, may later tell the community or school board that they have unfairly attempted to exercise censorship.) But another village, a few miles down the road, might accept both. The same is true of films.

Most states and some cities have their own income taxes. Many cities and counties also have their own laws saying who may and may not own a gun. Many airports, some of them international, are owned and controlled by cities or counties and have their own airport police. Finally, a great many of the most hotly debated questions, which in other countries are decided at the national level, are in America settled by the individual states and communities. Among these are, for example, laws about drug use, capital punishment, abortion, and homosexuality.

A connecting thread that runs all the way through governments in the US is the " accountability" of politicians, officials, agencies, and governmental groups. This means that information and records on crimes, fires, marriages and divorces, court cases, property taxes, etc. are public information. It means, for example, that when a small town needs to build a school or buy a new police car, how much it will cost (and which company offered what at what cost) will be in the local newspaper. In some cities, meetings of the city council are carried live on the radio. As a rule, politicians in the US at any level pay considerable attention to public opinion. Ordinary citizens participate actively and directly in decisions that concern them. In some states, such as California, in fact, citizens can petition to have questions (i.e., "propositions") put on the ballot in state elections. If the proposition is approved by the voters, it then

becomes a law. This "grass roots" character of American democracy can also be seen in New England town meetings or at the public hearings of local school boards.

Adding this up, America has an enormous variety in its governmental bodies. Its system tries to satisfy the needs and wishes of people at the local level, while at the same time the Constitution guarantees basic rights to anyone, anywhere in America. This has been very important, for instance, to the Civil Rights Movement and its struggle to secure equal rights for all Americans, regardless of race, place of residence, or state voting laws. Therefore, although the states control their own elections as well as the registration procedures for national elections, they cannot make laws that would go against an indiv' ual's constitutional rights.

TASK 2. Find in the text the English equivalents for the following expressions below.

- ставить вопрос на голосование;

- расширить круг обязанностей;

- независимо от;

- транслировать по радио в прямом эфире;

- запретить продажу чего-либо;

- городской совет;

- общественное мнение;

- обеспечить равные права.

TASK 3 Answer the questions.

1. What are the common principles in the structures of governments of individual states?

2. Who is the head of the executive branch of power in each state?

3. How must laws and constitutions of different states correlate?

4. What is meant by the "battle" between federal and states' rights?

5. Give at least 5 examples of the areas of public life that the states are responsible for.

6. What is a "sheriff department" and who is a sheriff?

7. Are income taxes and prices of goods the same in different states?

8. What is meant by the "accountability" of politicians and officials?

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TASK 1. Read the text.

UnitV ELECTIONS

Political Parties

The Constitution says nothing about political parties, but over time the US has in fact developed a two-party system. The two leading parties are the Democrats and the Republicans. There are other parties besides these two, and foreign observers are often surprised to learn that among these are also a Communist party and several Socialist parties. Minor parties have occasionally won offices at lower levels of government, but they do not play a role in national politics. In fact, one does not need to be a member of a political party to run in any election at any level of government. Also, people can simply declare themselves to be members of one of the two major parties when they register to vote in a district

Sometimes, the Democrats are thought of as associated with labour, and the Republicans with business and industry. Republicans also tend to oppose the greater involvement of the federal government in some areas of public life which they consider to be the responsibility of the states and communities. Democrats, on the other hand, tend to favour a more active role of the central government in social matters.

To distinguish between the parties is often difficult, however. Furthermore, the traditional European terms of "right" and "left", or "conservative" and "liberal" do not quite fit the American system. Someone from the "conservative right", for instance, would be against a strong central government. Or a Democrat from one part of the country could be very "liberal", and one from another part, quite "conservative". Even if they have been elected as Democrats or Republicans. Representatives or Senators are not bound to a party programme, nor are they subject to any discipline when they disagree with their party.

While some voters will vote a "straight ticket", in other words, for all of the Republican or Democratic candidates in an election, many do not. They vote for one party's candidate for one office, and another's for another. As a result, the political parties have much less actual power than they do in other nations.

In the US, parties cannot win seats which they are then free to fill with party members they have chosen. Rather, both Representatives and Senators are elected to serve the interests of the people and the areas they represent, that is, their "constituencies". In about 70 per cent of legislative decisions,

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Congressmen will vote with the specific wishes of their constituencies in mind, even if this goes against what their own parties might want as national policy. It is quite common, in fact, to find Democrats in Congress voting for a Republican President's legislation, quite a few Republicans voting against it, and so on.

TASK 2. Explain the difference between the two major parties in the US.

TASK 3 Explain the meanings of the following expressions and give Russian equivalents for them.

- to vote a "straight ticket";

- a major party;

- a minor party;

- liberal;

- conservative.

TASK 4. Read the text.

Elections

Anyone who is an American citizen, at least 18 years of age, and is registered to vote may vote. Each state has the right to determine registration procedures. A number of civic groups, such as the League of Women Voters, are actively trying to get more people involved in the electoral process and have drives to register as many people as possible. Voter registration and voting among minorities has dramatically increased during the last twenty years, especially as a result of the Civil Rights Movement.

There is some concern, however, about the number of citizens who could vote in national elections but do not. In the national election of 1984, for instance, only 53.3 per cent of all those who have voted actually did. But then, Americans who want to vote must register, that is put down their names in register before the actual elections take place. There are 50 different registration laws in the US - one set for each state. In the South, voters often have to register not only locally but also at the county seat. In European countries, on the other hand, "permanent registration" of voters is most common. Of those voters in the United States who did register in the 1984 presidential elections, 73 per cent cast their ballots.

Another important factor is that there are many more elections in the US at the state and local levels than there are in most countries. If the number of those who vote in these elections (deciding, for example, if they should pay more taxes so a new main street bridge can be built) were included, the percentage in fact would not be that much different from other countries.

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Certainly, Americans are much more interested in local politics than in those at the federal level. Many of the most important decisions, such as those concerning education, housing, taxes, and so on, are made close to home, in the state or county.

The national presidential elections really consist of two separate campaigns: one is for the nomination of candidates at national party conventions. The other is to win the actual election. The nominating race is a competition between members of the same party. They run in a succession of state primaries and caucuses (which take place between March and June). They hope to gain a majority of delegate votes for their national party conventions (in July or August). The party convention then votes to select the party's official candidate for the presidency. Then follow several months of presidential campaigns by the candidates.

In November of the election year (years divisible by four, e.g. 1988, 1992, 1996, etc.), the voters across the nation go to the polls. If the majority of the popular votes in a state go to the Presidential (and vice-presidential) candidate of one party, then that person is supposed to get all of that state's "electoral votes." These electoral votes are equal to the number of Senators and Representatives each state has in Congress. The candidate with the largest number of these electoral votes wins the election. Each state's electoral votes are formally reported by the "Electoral College." In January of the following year, in a joint session of Congress, the new President and Vice-President are officially announced.

TASK 5 Find т the text the English equivalents for the words and expressions below.

- зарегистрироваться для голосования;

- президентские выборы;

- избиратели;

- избирательный бюллетень;

- избирательная кампания;

- кандидат в президенты;

- коллегия выборщиков;

- утверждение кандидата,

- первичные выборы в партийных организациях;

- первичные выборы на партийных форумах;

- партийный съезд;

- избирательный участок.

TASK 6. Answer the questions.

1. Which American citizens mavvole⁷

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2. Why do you think many people who could vote in the national election don't do it?

3. Why are most Americans more interested in local politics than in those at the federal level?

4. What parts does the national presidential election consist of?

5. Describe the process of electing the President.

TASK 7. Election Campaign. Role play.

Imagine you are a candidate of one of the major parties: you have already been elected your party's official candidate for the presidency. Write your programme and organize your election campaign. Persuade as many people in the group as possible to vote for you. Use the vocabulary of the unit.

TASK 8. Read the text and compare political attitudes in the US and in your country. Find the statements you agree and disagree with.

Political Attitudes

It's often been said and does seem to be true: Americans seem almost instinctively to dislike government and politicians. They especially tend to dislike "those fools in Washington" who spend their tax money and are always trying to "interfere" in their local and private concerns. Many would no doubt agree with the statement that the best government is the one that governs least. In a 1984 poll, for example, only a fourth of those asked wanted the federal government to do more to solve the country's problems. Neighbourhoods, communities, and states have a strong pride in their ability to deal with their problems themselves, and this feeling is especially strong in the West.

Americans are seldom impressed by government officials (they do like royalty, as long as it's not theirs). They distrust people who call themselves experts. They don't like being ordered to do anything. For example, in the Revolutionary War (1776-83) and in the Civil War (1861-65), American soldiers often elected their own officers. In their films and fiction as well as in television series, Americans often portray corrupt politicians and incompetent officials. Anyone who wants to be President, they say with a smile, isn't qualified. Their newsmen and journalists and television reporters are known the world over for "not showing proper respect" to governmental leaders, whether their own or others. As thousands of foreign observers have remarked, Americans simply do not like authority.

Many visitors to the US are still surprised by the strong egalitarian tendencies they meet in daily life. Americans from different walks of life,

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people with different educational and social backgrounds, will often start talking with one another "just as if they were all equal." Is everybody equal in the land that stated - in the eyes of God and the law - that "all men are created equal?" No, of course not. Some have advantages of birth, wealth, or talent. Some have been to better schools. Some have skins or accents or beliefs that their neighbours don't especially like. Yet the ideal is ever-present in a land where so many different races, language groups, cultural and religious beliefs, hopes, dreams, traditional hates and dislikes have come together.

All in all, what do Americans think of their system of government? What would "We the People" decide today? One American, a Nobel Prize winner in literature, gave this opinion: "We are able to believe that our government is weak, stupid, overbearing, dishonest, and inefficient, and at the same time we are deeply convinced that it is the best government in the world, and we would like to impose it upon everyone else."

Of course, many of today's 240 million Americans would disagree in part or with all. "Who is this one American," they might ask, "to speak for all of us?"

Unit VI

LANGUAGE ACTIVITIES Glimpses of American History

TASK 1 Listen to the tape and fill in the gaps with the words and expressions that you will hear. Retell the texts.

A. Flag Day

Flag Day, June 14, is the birthday of the American Flag. On this day in

1777 the Continental Congress (a)_____stating that the flag of the new

nation should contain (b)______(7 red ones and 6 white ones) to symbolize

the thirteen colonies and thirteen white stars, arranged (c)_____to symbolize

the (d) and (e)____of these colonies.

In 1776, after the colonies had (f)____their (g)_____from Great

Britain, George Washington and two other revolutionary leaders were

(h)____for task of designing a national flag. The colours they chose were red

for (i)_____, white for (j)______ and blue for (k)______ .

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According to American legend, they brought their design to Betsy Ross, a young widow who was an excellent seamstress. She followed their sketch

exactly except for suggesting that the stars be (1)_____ rather than

(m)______. Because she made the first American flag, Betsy Ross's name is

still well-known to Americans. Her little home in Philadelphia has been (n)_____, and tens of thousands of tourists visit it each year.

The American flag has been (o)

__many times since Betsy Ross

made the original. Today the flag still (p)_____, in honour of the original

colonies, but now there are fifty stars. Because of its design, the American flag has been nicknamed "(q)______".

B. Independence Day

Independence Day is one of the most important patriotic holidays celebrated in the United States of America. In 1776 the thirteen American colonies were in the midst of the revolutionary war against Great Britain. On the

4th of July of that year the Continental Congress (a)____, the document

which (b)_____the colonies free and independent states. It is the (c)_____

and the (d)

of this document that Americans remember on July, 4.

The Declaration of Independence was written by Thomas Jefferson who

later became the young nation's (e)_____president. Since Independence Day

is a summer holiday and a day-off from work for almost everyone, many

families enjoy (f)_____ or (g)_____ on the 4th. The occasion is also

(h)_____ by colourful and noisy (i)_____, (j)_____and ^m some

communities (k)_____. The flag is flown, and red, white and blue ribbons

are used for decoration at (1)_____. The army (m)_____, firing a thirteen

gun salute. Throughout the nation church bells ring (n)_____ the

Philadelphian Liberty Bell that first (o)

American Independence.

C. Why Is the White House White?

We have all heard of the famous White House in Washington, USA, home of the President of America. But how many of us know why it is white? It

is known that the original building was (a)_____by the British during the

British-American war, when the Americans (b)_____.Some time later the

building was painted white, to hide the (c)_____on the walls. And it has

been (d)_____that colour since that time, as (e)_____ of American

history.

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Revision

TASK 1. Complete the following text with the words and phrases from the box, using them in the appropriate form.

constitution; structure; voter; national; to name;

federal; government; to vote; responsibility; violation;

law;

to govern;

to be elected (2);

to be appointed;

to be removed from office.

The United States is a (a)____union of 50 states, with District of

Columbia as the seat of the (b)____government. The Constitution outlines

(c)____of the. national government and specifies its powers and activities.

Other government activities are the (d)____ of the individual states, which

have their own (e)

and (f)_

. Within each state there are counties,

townships, cities and villages, each of which has its own elective (g)____.

All government in the United States is "of, by and for the people".

Members of Congress, the President, state officials and those who (h)____

counties and cities (i)____by popular vote. The President (j)____the

heads of federal departments while judges are either (k)____directly by the

people or (1)____by elected officials, (m)____mark unsigned ballots in

private booths, so that no one else can find out for whom a citizen (n)____.

Public officials may (o)____for failing to perform their duties properly, as

well as for serious (p)____of law.

TASK 2. Complete the following statements with the appropriate and expressions from the Unit.

A.

The US Constitution sets the basic form of government:

ultimate power under the Constitution, in fact, belongs to____

of Rights declares such fundamental rights of any American as__

___.The

The Bill

by

B.

The Supreme Court of the USA consists of ___, and must be approved by___

_. They are appointed

A decision of the Supreme

Court____to any other court. The Supreme Court has direct jurisdiction in

the following kinds of cases:____. All other cases are____. The only

power of the Supreme Court which is not stated in the Constitution is the power of

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C.

All the fifty states of America have____form of government. The

executive branch of the government in each state is headed by____, and the

judicial branch is represented by____. Each state has its own___' which

must not interfere with____.

D.

There is a two-party system in the USA. The Democratic Party is

usually associated with____, and the Republicans, with____. Anyone

^who____^таУ vote in the presidential election in the US. Those who want to

vote must____before tiie election takes place. The national presidential

elections consist of two separate campaigns: one is ____; the other is

TASK 3. Define the following word-combinations. Illustrate your definitions with examples.

a) Judicial Review;

b) Executive Power;

c) Separation of Powers;

d) bicameral legislature;

e) majority party.

TASK 4 Give the words with the opposite meanings to:

a) to approve;

b) majority;

c) consent;

d) to win;

e) to allow.

Glossary to chapters II and

act (n) - statute, a formal record of sth done of transacted.

- act of Parliament.

amend (v) - to change or modify for the better, improve.

- amendment (n) appoint (v) - see Ch. I

approve (v) - to give formal or official sanction, ratify.

- disapprove (n)- see bench Ch. I

ballot (n) - a sheet of paper, or orig. a small ball, used in secret voting. ballot-box (n) -a locked box wherein ballots are deposited.

7-6858

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bench (n) - see Ch. I. bill (n) - see Ch. I.

branch (n) (of Government) - see Ch. I.

canvass (n) - the act of examining and counting the returns of votes cast at a public election to determine authenticity.

- canvassing.

caucus (n) - a meeting of the legal voters of any political party

assembled for the purpose of choosing delegates or for the nomination

of candidates for office. chancellor (n) - the name given in some states to the judge (or the

presiding judge) of a court of chancery.

~ of the Exchequer - head of the department of the English

government which has charge of the collection of the national

revenue.

~ of the University - a university president, or chief executive officer

of higher education system in certain states. checks and balances (n) (the system of -)- arrangement of

governmental powers where powers of one governmental branch

check or balance those of other branches. civil (adj) (~ list, ~ servant) - see Ch. I. Confederation (n) (Articles of ~)- the compact among the thirteen

original states that established the first government of the United

States. constituency (n) - the inhabitants of an electoral district.

constituent (n) - a person who gives authority to another to act for

him. • convention (n) 1.- an assembly of delegates chosen by a political party,

or by the party organization in a larger or smaller territory, to

nominate candidates for an approaching election.

2. a treaty, an agreement, a commercial agreement, a contract. county (n) 1. GB - division of GB, the largest unit of local government

2. US - the largest territorial division for local government in state.

- ~ court. consensus (n) - see Ch. I.

debate (n) - formal discussion, e.g. at a public meeting or in Parliament.

- debate (v).

department (n) (US) - the largest unit of the executive branch, covering a broad area of government responsibility. The heads of the departments (secretaries) form the president's cabinet.

dissolve (v) (~ Parliament) - to terminate, cancel, annul.

election (n) - a formal procedure for voting.

- presidential ~.

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- to hold, schedule an -.

- to win/lose an ~.

- elect (v).

- elector (n).

- electoral (adj).

electoral campaign (n) - an organized effort to persuade voters to choose one candidate over others competing for the same office. electoral college (n) - a body of electors who are chosen by voters to cast ballots for president and vice president. execute (v) (a law) - to give effect to; to make legally binding.

- execution (n).

executive (adj) - as distinguished from the legislative and judicial departments (branches) of government, the executive department is that which is charged with the detail of carrying the laws into effect and securing their due observance.

- ~ department (n).

- ~ officer (n).

- -powers (n).

federal (adj) - 1. belonging to the federal government or union of states. 2. founded on ,or organized under, the Constitution of the United States.

~ courts (n) - the courts of the US (as distinguished from state, county or city courts) created either by Art III of the US Constitution or Congress.

- ~ government (n).

federalism (n) - the division of power among a central government

and regional governments. front bench (n) - see Ch. I.

impartial (adj) - treating all alike; unbiased; equitable, fair and just. impeach (v) - to proceed against a public officer (e.g. President) for

crime or misfeasance, before a proper court, by the presentation of a

written accusation ("articles of impeachment").

impeachment (n) - the formal charging of a government official with

any high crimes and misdemeanors. judicial (adj) (branch) - the branch of government that interprets laws.

- -power.

- ~ review.

Judiciary (n) - 1. the branch of government invested with the judicial power.

2. the system of courts in a country (also Judicial system).

3. the body of Judges.

justice (n) - 1. proper administration of laws.

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2. title given to judge, particularly to judges of US and state supreme courts, and as well to judges of appellate courts.

Associate ~s - judges of courts, other than the presiding or chief justice.

Supreme - (also Chief ~) - the presiding, most senior, or principal justice of a court.

~ of the Peace (GB) - a lay magistrate empowered chiefly to administer summary justice in minor cases.

knight (n) (GB) - in English law, the next personal dignity after the nobility, having several orders and degrees. - knighthood (n).

legislate (v) - to enact laws or pass resolutions via legislation, in contrast to court-made laws.

- legislator(ri)

legislative (adj) (branch) - the law-making branch of government.

—power.

legislation (n) - 1. the act of giving or enacting laws.

2. the power to make laws.

3. laws enacted by lawmaking body (e.g. by Congress). legislature (n)- the department, assembly or body of persons that

makes statutory laws for a state or nation (e.g. by Congress). majority (n) - the number (of votes) greater than half of any total.

- ~ leader - the head of the majority party in the Senate.

- -party.

— rule - the principle that the decision of a group must reflect the preference of more than half of those participating.

- ~ of seats.

— vote - vote by more than half of voters for candidate or other, matter on ballot.

manifesto (n) (of a party) - public declaration or proclamation of

political or social principles. minority (n) - the smaller number (of votes).

- -party.

— rights - the benefits of government that cannot be denied to any citizens by majority decisions.

monarchy (n) - a government in which the supreme power is vested in a single person.

- constitutional (limited) -.

- monarch (n).

nominate (v) (as, for) - to designate as an official candidate of a political party.

- nomination (n) (to).

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- nominee (n) - a person who has been nominated.

overrule (v) (also override) - to supersede, to annul; to reject by subsequent action or decision.

- ~ a veto, decision.

peer (n) (GB) - (~ of the realm) - a person with the right to sit in the House of Lords.

Life ~ - a person elected to the House of Lords for life (contrasted with a hereditary ~).

- peerage (n) - 1. the whole body of peers. 2. rank of peer.

poll (v) - 1 .to vote at an election. 2. receive a certain number of votes.

- -ing-booth (-station) - place where voters go to record votes.

- -ing day - day appointed for a poll. poll (n) -1. voting at an election.

2. list of voters; counting of the voters.

3. place where voting takes place.

(public) opinion - - survey of public opinion by putting questions to a

representative selection of persons. primary (election) -a preliminary election conducted within a political

party to select candidates who will run for public office in a

subsequent election. property (n) - 1. possessions, things owned.

2. the unrestricted and exclusive right to a thing.

- personal - - movable belongings.

- private ~ - property belonging absolutely to an individual of which he has the exclusive right of disposition.

- real - - land; buildings (or whatever is erected or growing upon or affixed to land).

- ~ law. proportional representation (n) -an electoral system that awards

legislative seats to political parties in proportion to the number of

votes won in an election. referendum (n) - an election on a policy issue. representative government (n) - (also called indirect democracy) - a

system of rule in which citizens participate by electing public officials

to make government decisions for them. resign (v) (from) - to give up a post.

-resignation (n) (from). revenue (n) - income, esp. the total annual income of the State.

- public -s - the income which a government collects and receives into its treasury, and is appropriated for the payment of its expenses.

102

103

secretary (n) (US) - head of an executive department, member of the

President's Cabinet.(e.g. ~ of State). seizure (n) (of property) - the act of taking possession of property, e.g.

for a violation of law or by virtue of an execution of a judgement.

- seize (v).

Shadow Cabinet (n) (GB) - group formed from the leaders of the Parliamentary Opposition, i.e. those who might form a new cabinet if there is a change of government after a general election.

sheriff (n) (US) - the chief executive and administrative office of a county, being chosen by popular election.

sovereign (n) - 1. a chief ruler with supreme power. 2. a king or other ruler in a monarchy.

- sovereignty (n).

tax (n) - a charge by the government on the income of an individual, corporation, or on the value of an estate or gift or property.

- ~ law.

- -payer.

- to impose, levy, put a ~ (on).

- to collect a ~ (from)

- to cut, lower, reduce ~s (vs to increase, raise ~s).

- to pay a ~ (on).

taxation (n) - the process of taxing or imposing a tax. term of office (n) - the period during which elected officer or appointee

is entitled to hold office, perform its functions and enjoy its privileges. township (n) (US) - in some of the states, the name given to the civil and

political subdivisions of a county. veto (n) (of, over) (US) - the President's disapproval of a bill that has

been passed by both houses of Congress, which can be overridden by

a two-thirds vote in each house of Congress.

- veto (v).

- to exercise, impose, use a ~.

- to override, overrule a ~.

violate (v) - to break (a law, a treaty, an oath, etc.).

- violation.

- to commit a violation.

- in violation of (a law).

vote (n) - right to give an expression of opinion or will by persons for or against sb or sth, esp. by ballot or by putting up of hands.

- ~ (v) (for/against).

- ~* (^v) (on/upon, e.g. a resolution).

- voter (n).

Chapter IV

You - The Jury

Unit I. A Handbook on Jury Service.....................................................103

Unit II. Justice?.....................................................................................115

Unit III. Language Activities. Lady Wyatt Accused of Shop-Lifting.. 118

Revision................................................................................................121

Just for Fun...........................................................................................122

Glossary................................................................................................123

Unit I A HANDBOOK ON JURY SERVICE

TASK 1. The following texts come from a handbook on jury service for US citizens Read the texts consulting the glossary.

Jury Service - An Important Job and a Rewarding Experience

The right to trial by a jury of our fellow citizens is one of our most important rights and is guaranteed by the Constitution of the United States. By serving on a Jury, then, you are helping to guarantee one of our most important freedoms.

Your job as a juror is to listen to all the evidence presented at trial and to "decide the facts" - that is, to decide what really happened. The judge, on the other hand, "decides the law" - that is, makes decisions on legal issues that come up during the trial. For example, the judge may have to decide whether you and the other jurors may hear certain evidence or whether one lawyer may ask a witness a certain question. You should not try to decide these legal issues, sometimes you will even be asked to leave the courtroom while they are being decided. Both your job and that of the judge must be done well if our system of trial by jury is to work. In order to do your job you do not need any special knowledge or ability. It is enough that you keep an open mind, concentrate on the evidence being presented, use your common sense, and be fair and honest.

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Finally, you should not be influenced by sympathy or prejudice: it is vital that you be impartial with regard to all people and all ideas.

Many jurors find that it is exciting to learn about this most important system "from the inside", and challenging to deal fairly and thoroughly with the cases they hear. We hope that you, too, find your experience as a juror to be interesting and satisfying.

How You Were Chosen

Your name was selected at random from voter registration records and placed on a list of potential jurors. Next, your answers to the Questionnaire for Jurors were evaluated to make sure that you were eligible for jury service and were not exempt from service. To be eligible, you must be over 18 years of age, a citizen of the United States, a resident of the county in which you are to serve as a juror, able to communicate in the English language and if you have been convicted of a felony, you must have had your civil rights restored. People who meet these requirements may be excused from jury service if they have illnesses that would interfere with their ability to do a good job, would suffer great hardship if required to serve, or are unable to serve for some other reason.

You are here because you were found to be eligible for jury duty and were able to serve. You are now part of the "jury pool", the group of people from which trial juries are chosen.

Selection of the Trial Jury

The first step in the selection of the trial jury is the selection of a "jury panel". When you are selected for a jury panel you will be directed to report, along with other panel members, to a courtroom m which a case is to be heard once a jury is selected. The judge assigned to that case will tell you about the case and will introduce the lawyers and the people involved in the case. You will also take an oath, by which you promise to answer all questions truthfully. Following this explanation of the case and the taking of the oath, the judge and the lawyers will question you and the other members of the panel to find out if you have any personal interest in it, or any feelings that might make it hard for you to be impartial. This process of questioning is called VOIR DIRE, a phrase meaning "to speak the truth".

Many of the questions the judge and lawyers ask you during VOIR DIRE may seem very personal to you, but you should answer them completely and honestly. Remember that the lawyers are not trying to embarrass you, but are trying to make sure that members of the jury do not have opinions or past experiences which might prevent them from making an impartial decision.

During VOIR DIRE the lawyers may ask the judge to excuse you or another member of panel from sitting on the jury for this particular case. This is

105

called CHALLENGING A JUROR. There are two types of challenges. The first is called a CHALLENGE FOR CAUSE, which means that the lawyer has a specific reason for thinking that the juror would not be able to be impartial. For example, the case may involve the theft of a car. If one of the jurors has had a car stolen and still feels angry or upset about it, the lawyer for the person accused of the theft could ask that the juror be excused for that reason. There is no limit on the number of panel members that the lawyers may have excused for cause.

The second type of challenge is called a PEREMPTORY CHALLENGE, which means that the lawyer does not have to state a reason for asking that the juror be excused. Like challenges for cause, peremptory challenges are designed to allow lawyers to do their best to assure that their clients will have a fair trial. Unlike challenges for cause, however, the number of peremptory challenges is limited.

Please tr> not to take offence if you are excused from serving on a particular jury. The lawyer who challenges you is not suggesting that you lack ability or honesty, merely that there is some doubt about your impartiality because of the circumstances of the particular case and your past experiences. If you are excused, you will either return to the juror waiting area and wait to be called for another panel or will be excused from service, depending on the local procedures in the county in which you live.

Those jurors who have not been challenged become the jury for the case. Depending on the kind of case, there will be either six or twelve jurors. The judge may also allow selection of one or more alternate jurors, who will serve if one of the jurors is unable to do so because of illness or some other reason.

Your Working Day

The number of the days you work as a juror and your working hours depend on the jury selection system in the county in which you live. Working hours may also be varied by the judge to accommodate witnesses coming from out of town or for other reasons.

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Regardless of the length of your working day, one thing that may strike you is the amount of waiting. For example, you may have to wait a long while before you are called for a jury panel. You also may be kept waiting in the jury room during trial while the judge and the lawyers settle a question of law that has come up.

This waiting may seem like a waste of time to you and also may make it seem as if the court system isn't working very well. In reality, however, there are good reasons for the waiting you do both before and during trial.

Your having to wait before trial is important for the efficient operation of the system. Because there are many cases to be heard and because trials are expensive, judges encourage people to come to an agreement in their case before trial. These agreements, called SETTLEMENTS, can occur at any time, even a few minutes before the trial is scheduled to begin. This means that it is impossible to know exactly how many trials there will be on a particular day or when they will start. Jurors are kept waiting, therefore, so that they are immediately available for the next case that goes to trial.

Your waiting during trial helps assure the fairness of the proceedings. You will remember that the jurors decide the facts and that the judge decides the law. If you are sent out of the courtroom during trial, it is probably because a legal issue has come up that must be decided before more evidence can be presented to you. You are sent out because the judge decides that you should not hear the discussion about the law, because it might interfere with your ability to decide the facts in an impartial way. Sometimes the judge will explain why you were sent out, but sometimes he may not be able to do so. Please be assured, however, that these delays during trial, explained or not, are important to the fairness of the trial.

In any case, judges and personnel do whatever they can to minimize the waiting before and during trial. Your understanding is appreciated.

TASK 2. Give Russian equivalents Jor the following words and translate the definitions info Russian

CASE - any proceeding, action, cause, lawsuit or controversy initiated through the court system by filing a complaint, petition or information.

WITNESS - person who testifies under oath in court regarding what was seen, heard or otherwise observed.

TRIAL - the presentation of evidence in court to a trier of facts who applies the applicable law to those facts and then decides the case.

EVIDENCE - a form of proof legally presented at a trial through witnesses, records, documents, etc.

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TASK 3, Paraphraze the following words and expressions and explain their meanings.

- fellow citizens;

- courtroom;

- prejudice;

- to deal thoroughly with the cases;

- to exempt from jury service;

- to meet some requirements;

- impartial decision;

- to be available for case;

- legal issues;

- common sense;

- to select at random;

- eligible for service;

- to have one's civil rights restored;

- to be excused from jury service;

- to accommodate a witness;

- delays during trial.

TASK 4. Answer the questions.

1. What is the job of a juror?

2. What is the job of a judge?

3. What qualities should a good juror have?

4. What requirements should one meet to be eligible for jury service?

5. What are the reasons for a person to be excused from jury service?

6. What is the aim of VOLR DIRE!

1. What is CHALLENGING A JUROR?

8. What are the types of challenge?

9. What does a juror's working day depend on?

10. Who are alternative jurors?

TASK 5. Read the text.

Kinds of Cases

As a juror, you may sit on a criminal case, a civil case, 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. For example, a tenant may sue a landlord for failure to fix a leaky roof, or a landlord may sue a tenant for failure

108

to pay rent. 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 each civil case the judge tells the jury the extent to which the plaintiff must prove the case. This is called the plaintiffs BURDEN OF PROOF, a burden that the plaintiff must meet in order to win. In most civil cases the plaintiffs burden is to prove the case by a PREPONDERANCE OF EVIDENCE, that is, that the plaintiffs 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. Only ten jurors need to agree upon a verdict if there are 12 jurors: five must agree if there are six jurors.

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 throughout the entire trial unless the plaintiff proves the defendant guilty. The plaintiffs 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 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.

TASK 6. Give Russian equivalents for the following words and translate the definitions into Russian.

DEFENDANT - (crim.) person charged with a crime, (civ.) person or entity against whom a civil action is brought. ACTION - proceeding taken in court synonymous to case, suit, lawsuit.

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PREPONDERANCE OF EVIDENCE means that the weight of evidence presented by one side is more convincing to the trier of facts than the evidence presented by the opposing side.

PLAINTIFF - the party who begins an action, complains or sues.

COUNTERCLAIM - claim presented by a defendant in opposition to the claim of the plaintiff.

COMPLAINT - (crim.) formal written charge that a person has committed a criminal offence.

(civ.) initial document filed by a plaintiff which starts the claim against the defendant.

TASK 7. Give English equivalents for the following words and expressions.

- подать иск;

- начать (возбудить) дело;

- арендатор;

- показания (2);

- предубеждение;

- судебное разбирательство (3);

- истец;

- совершить преступление;

- признать виновным;

- заслушать показания;

- исключить из состава присяжных;

- восстановить в гражданских правах;

- люди, замешанные в деле;

- частные лица;

- материальный ущерб;

- домовладелец;

- ответственность за ущерб;

- ответчик;

- подать иск;

- ответный иск;

- обвинен в преступлении;

- заявить о невиновности;

- единодушное решение присяжных;

- вопросы права;

- урегулирование дела;

- принять присягу.

TASK 8. Answer the questions.

\.WhatisaCIVILCASEl

по

2. Who is a PLAINTIFF?

3. Who is a DEFENDANT!

4. What is a COMPLAINT!

5. Whatisan^,W£/??

6. What is a COUNTERCLAIM!

I. What is a BURDEN OF PROOF1

8. What is a CRIMINAL CASE7

9. What is PREPONDERANCE OF EVIDENCE!

10. How many jurors are necessary to agree upon the verdict in a criminal case?

I1. Who is the plaintiff in a criminal case?

TASK 9. Read the texts.

Courtroom Personnel

In addition to the lawyers and the judge, three other people will play an important role in the trial. The COURT REPORTER, who sits close to the witnesses and the judge, puts down every word that is spoken during the trial and also may record the proceedings on tape. The CLERK, who sits right below the judge, keeps track of all documents and exhibits and notes down important events in the trial. The BAILIFF helps to keep the trial running smoothly. The jury is in the custody of the bailiff, who sees to the jurors comfort and convenience and helps them if they are having any problems related to jury service.

What Happens During the Trial

Events in a trial usually happen in a particular order, though the order may be changed by the judge. The usual order of events is set out below.

Step 1: Selection of the Jury.

Step 2: Opening Statements. The lawyers for each side will discuss their views of the case that you are to hear and will also present a general picture of what they intend to prove about the case. What the lawyers say in their opening statements is not evidence and, therefore, does not help prove their cases.

Step 3: Presentation of Evidence. All parties are entitled to present evidence. The testimony of witnesses who testify at trial is evidence. Evidence may also take the form of physical exhibits, such as a gun or a photograph. On occasion, the written testimony of people not able to attend the trial may also be evidence in the cases you will hear.

Many things you will see and hear during the trial are not evidence. For example, what the lawyers say in their opening and closing statements is not evidence. Physical exhibits offered by the lawyers, but not admitted by the

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judge, are also to be disregarded, as is testimony that the judge orders stricken off the record.

Many times during the trial the lawyers may make OBJECTIONS to evidence presented by the other side or to questions asked by the other lawyer. Lawyers are allowed to object to these things when they consider them improper under the laws of evidence. It is up to the judge to decide whether each objection was valid or invalid, and whether, therefore, the evidence can be admitted or the question allowed. If the objection was valid, the judge will SUSTAIN THE OBJECTION. If the objection was not valid, the judge will OVERRULE THE OBJECTION. These rulings do not reflect the judge's opinion of the case or whether the judge favours or does not favour the evidence or the question to which there has been an objection.

It is your duty as a juror to decide the weight or importance of evidence or testimony allowed by the judge. You are also the sole judge of the CREDIBILITY OF WITNESSES, that is, of whether their testimony is believable. In considering credibility, you may take into account the witnesses* opportunity and ability to observe the events about which they are testifying, their memory and manner while testifying, the reasonableness of their testimony when considered in the light of all the other evidence in the case, their possible bias or prejudice, and any other factors that bear on the believability of the testimony or on the importance to be given that testimony.

Step 4: The Instructions. Following presentation of all the evidence, the judge instructs the jury on the laws that are to guide the jury in their deliberations on a verdict. A copy of the instructions will be sent to the jury room for the use of jurors during their deliberations. All documents or physical objects that have been received into evidence will also be sent to the jury room.

Step 5: Closing Arguments The lawyers in the closing arguments summarize the case from their point of view. They may discuss the evidence that has been presented or comment on the credibility of witnesses. The lawyers may also discuss any of the judge's instructions that they feel are of special importance to their case. These arguments are not evidence.

Step 6: Jury Deliberation. The jury retires to the jury room to conduct the deliberations on the verdict in the case they have just heard. The jury first elects a foreman who will see to it that discussion is conducted in a sensible and orderly fashion, that all issues are fully and fairly discussed, and that every juror is given a fair chance to participate.

When a verdict has been reached, the foreman signs it and informs the bailiff. The jury returns to the courtroom, where the foreman presents the verdict. The judge then discharges the jury from the case.

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TASK 10. Paraphrase the following words and expressions and explain their meanings.

- lawyers for each side;

- intend to prove;

- to testify:

- improper objections;

- it'sup to the judge;

- valid or invalid;

- to sustain the objection;

- to favour one of the sides;

- to summarize the case;

- the jury retires;

- sensible and orderly fashion.

TASK 11. Answer the questions.

1. What is the difference between the court reporter and the clerk?

2. What are the bailiffs duties?

3. What are the steps of a trial?

4. How is jury selected?

5. Define the word EVIDENCE. What can not be considered evidence?

6. Can you give examples of physical exhibits?

7. What can you tell about OBJECTIONS'?

8. What can you tell about INSTRUCTIONS!

9. Who presents CLOSING ARGUMENTS!

10. What have you learned about JURY DELIBERATIONS!

TASK 12. Read the text carefully and comment on the advice given to jurors. Be ready to explain the relevance of each item.

Do's and Don'ts for Jurors

During trial

1. DO arrive on time. The trial can not proceed until all jurors are present. Do return to the courtroom promptly after breaks and lunch.

2. DO pay close attention to witnesses. Concentrate both on what the witnesses say and on their manner while testifying. If you cannot hear what is being said, raise your hand and let the judge know.

3. DO keep an open mind all through the trial. DON'T form an opinion on the case until you and the other jurors have conducted your deliberations. Remember that if you make up your mind while listening to one witness's

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testimony, you may not be able to consider fully and fairly the testimony that comes later.

4. DO listen carefully to the instructions read by the judge immediately before the jury begins its deliberations. Remember that it is your duty to accept what the judge says about the law to be applied to the case you have heard. DON'T ignore the judge's instructions because you disagree about what the law is or ought to be.

5. DON'T try to guess what the judge thinks about the case. Remember that the judge's rulings do not reflect personal views.

6. DON'T talk about the case with anyone while the trial is going on, not even with other jurors. It is equally important that you do not allow other people to talk about the case in your presence, even a family member.

7. DON' I talk to the lawyers, parties, or witnesses about anything. These people are not permitted to talk to jurors and may appear to ignore you outside the courtroom. Remember that they are not trying to be rude: they are merely trying to avoid giving the impression that something unfair is going on.

8. DON'T try do discover evidence on your own. For example, never go to the scene of any event that is part of the case you are hearing. Remember that cases must be decided only on the basis of evidence admitted in court.

9. DON'T let yourself get any information about the case from newspapers, television, radio, or any other source. Remember that news reports do not always give accurate or complete information. Even if the news about the trial is accurate, it cannot substitute for your own impressions about the case. If you should accidentally hear outside information about the case during trial, tell the bailiff about it in private.

10. DON'T take notes during the trial unless the judge gives you permission to do so.

11. DON'T attempt to ask witness any questions. If you were to take part in asking questions, it might be hard for you to remain impartial. In addition, because you are not trained in the law, your questions might not be proper under the rules of evidence. Most of your questions will be answered sooner or later in the course of questioning by the lawyers.

12. DON'T express your opinion about the case to other jurors until deliberations begin. A person who has expressed an opinion tends to pay attention only to evidence that supports it and to ignore evidence that points the other way.

During deliberations

\. DO consult with the other jurors before making up your mind about a verdict. Each juror must make up his or her own mind, but only after impartial group consideration of the evidence.

2. DO reason out differences of opinion between jurors by means of a complete and fair discussion of the evidence and of the judge's instructions.

8-6858

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DON'T lose your temper, try to bully other jurors, or refuse to listen to the opinions of other jurors.

3. DO reconsider your views in the light of your deliberations, and change them if you have become convinced they are wrong. DON'T change your convictions about the importance or effect of evidence, however, just because other jurors disagree with you or so that the jury can decide on a

verdict.

4. DON'T play cards, read, or engage in any other diversion.

5. DON'T mark or write on exhibits or otherwise change or injure them.

6. DON'T try to guess what might happen if the case you have heard is appealed. Remember that courts of appeal deal only with legal questions and will not change your verdict if you decided the facts based on popular evidence

and instructions.

7. DON'T cast lots or otherwise arrive at your verdict by chance, or the verdict will be illegal. It is also illegal for a jury to determine the amounts decided on by each individual juror.

8. DON'T talk to anyone about your deliberations or about the verdict until the judge discharges the jury. After discharge you may discuss the verdict and the deliberations with anyone to whom you wish to speak. DON'T feel obligated to do so; no juror can be forced to talk without a court order DO be careful about what you say to others. You should not say or write anything that you would not be willing to state under oath.

TASK 13 Work in groups Make a list of seven false statements on what jurors should and shouldn 't do. Argue your opponents' list.

Unit II JUSTICE?

TASK I. Look at these statements What do you think of them as a potential juror?

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TASK 2 Read the text and discuss it in group

The Punishment Should Fit the Crime

National and local newspapers regularly print accounts of legal cases, and quite often the stories they choose are ones in which the punishment does not appear to fit the crime. It is easy to read a paragraph about a criminal case and to become outraged at the sentence passed by a judge. We have to remember that the short paragraph sums up a complicated legal case which might have taken hours, days or even weeks of court time, and that the judge knew a lot more about the case than the casual newspaper reader. However, sentences and penalties vary widely from one court to another. As every football fan knows, referees make mistakes, and the referee is much more likely to be mistaken when his decision goes against one's own team.

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TASK 3. Read the texts and discuss each case applying the questions below.

1. Was justice done?

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

3. Would you have chosen a lighter sentence, or a more

severe one?

4. How would you have felt if you had been the victim of the crime?

5. How would you have felt if you had been the defendant?

6. 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.

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Murder

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 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.

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.

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 and had to pay £200 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 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.

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Unit III

LANGUAGE ACTIVITIES Lady Wyatt Accused of Shop-Lifting

TASK 1. Read the list of characters involved in the case of shop-lifting. Choose one for yourself.

Lady Wyatt Mr Bell

Sir David Wilton Dr Soames Mr Green Miss Toad

The prosecutor The defence

- the accused, a rich and unbalanced woman.

- the store detective, a real nosey parker.

- an old friend of lady Wyatt, just a gentlemen.

- lady Wyatt's family doctor, a very secretive personality, -the store manager, very inexperienced.

- shop assistant, a dangerous mixture of chatterbox and scatterbrain.

TASK2. Read Lady Wyatt's written account and the store detective's report. Present them using the colour idioms.

Lady Wyatt: On Wednesday morning I went to Hall's Department Store to do some shopping and to meet a friend for lunch. In the Ladies Fashion Department I bought a belt and a bag and paid for them. As I was waiting for the lift to go up to the Rooftop Coffee Lounge, I saw a silk scarf that I liked. I tried it on and decided to buy it. I looked around for an assistant to pay but couldn't see anybody. The lift came and as I was late for my appointment, I put the scarf with my other purchases, intending to pay for it later on my way out. Unfortunately, I forgot to pay and was stopped at the door by the store detective who asked me to go to the manager's office where I was accused of having stolen the scarf. It's quite ridiculous. I simply forgot to pay.

Mr.Bell: I was on duty on the second floor when I observed Lady Wyatt trying on a scarf. She looked at herself in the mirror, looked round several times and then

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put the scarf in her bag. She then went up in the lift to the top floor cafe where she met a man. I kept up my observation and when they left together, I followed them to the door. She had made no attempt to pay so I stopped her and asked her to accompany me to the manager's office. She become abusive and refused to go with me until a policeman arrived on the scene.

right.

Colour Idioms. Match the idioms on the left with their definitions on the

a) to catch sb. red-handed

b) to see red

c) to appear out of the blue

d) in the black and white

e) in the red

1. broke, having no money

2. from nowhere, unexpectedly

3. To catch sb. during his committing a crime

4. get terribly angry

5. in a very clear way

TASK 3. Listen to Lady Wyatt being cross-examined, first by the Prosecution, and then by the Defence. Answer the questions. Prosecution's cross-examination:

1. What did she say she had intended to do?

2. Why hadn't she done it?

3. Why didn't she spend more time looking for an assistant?

4. Is she usually punctual?

5. How long had she been taking the pills?

6. Had she ever suffered from loss of memory?

7. Had she ever stolen anything?

Defence's cross-examination:

1 .How wealthy is she?

2. Does she need to work?

3. Is she a regular customer?

4. How much does she spend there a year?

5. What would she have done if she hadn't been caught?

TASK 4. Read the reports based on the evidence given by:

David Wilton's evidence (report)

David Wilton said that he was an old friend of Lady Wyatt and that he had been the Wyatt family's accountant for fourteen years. He had arranged to meet Lady Wyatt for lunch at 12 o'clock to discuss some family business. He said that he had not noticed anything unusual about Lady Wyatt's behaviour except that twice during lunch she had taken a pill. He added that he did not know what the pill was for and had not asked. He stated that he was astonished

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that anyone could think that Lady Wyatt might steal as she was a very wealthy woman who could afford to buy anything she wanted.

The doctor's evidence (report)

Soames, the Wyatt family doctor, stated that he had been prescribing pills for Lady Wyatt for some time. She had been suffering from regular bouts of depression. He said that a side-effect of the pill could cause erratic or unusual behaviour though he knew of no case where moral judgement had been affected.

The store manager's evidence (report)

The store manager said that he did not know Lady Wyatt as a regular customer because he had only been in his present job for two weeks. He said that the store lost hundreds of pounds worth of goods every week which was why he had appointed a store detective in whom he had the greatest confidence. He added that it was not only the poorer members of the community who resorted to shop-lifting.

The shop assistant's evidence (report)

The shop assistant said that she had worked at HalFs for seven years and knew Lady Wyatt as a regular customer. On Wednesday morning Lady Wyatt had bought a belt and handbag and had paid by cheque. She said that Lady Wyatt had behaved quite normally. She said that she hadn't seen Lady Wyatt trying on the scarf as the scarf counter was on the opposite side of the store. She added that there had been two assistants on duty that morning and that neither of them had left the department.

TASK 5. Read through the four reports again. Role-play Prosecution, De/ence and Witness. Try to recreate the scene of presentation of evidence and cross-exam ination.

TASK 6. Work in groups You are the jury. Appoint a chairman to report back to the judge. You have to bring in the verdict of "Guilty" or "Not Guilty".

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Revision

TASK I. Fill in the gaps.

1. A juror should keep an open____ all through the trial. 2. You

become a potential juror after your name is selected____ from voters

registration____ .3. A crime of graver nature than a misdemeanour is a

____.4. To____sb. means to find a person not guilty in a trial. 5. Civil

cases are usually disputed between or among___ , corporations or other

organizations. 6. The____of jury doesn't need to be____in civil cases.

7.The____ keeps track of all documents and exhibits in trial being the

judge's assistant. 8. The job of a juror is to listen to____ and to

decide____. 9. One who is engaged in a lawsuit is called a___. 10. Process

by which a lawyer questions a witness called to testify by the other side is

_. .11. "____" is a phrase meaning "to speak the truth". 12. A juror

should not be influenced by sympathy or____ . 13. A____may sue a

____ for failure to pay rent. 14. A juror should not express his____to

other jurors before__

criminal offence is a and be

_ begin. 15. Formal accusation of having committed a

___ . 16. To be a good juror you should use your

17. The third stage of a trial is____ . 18. When a

has been reached the judge

the jury from the case. 19. A

member of jury panel must____promising to answer all questions truthfully.

20. To be eligible, you must: 1. be______ , 2.______ , 3. able to

_______ , 4. and if you ever _______ , you must have your

________ .21. Working hours of the jury may be varied to ____

witnesses coming from out of town. 22. Compromise agreement by opposing parties, eliminating the need for the judge to resolve the controversy is called ___. 23. Trier of facts is a___or, in a non-jury trial - a___. 24. People

who don't meet certain

may be

from jury service. 25. The

helps to keep the trial running smoothly. The jury is in his custody.

TASK 2. Fill in the gaps.

1. When hearing the____the juror must take into account the____

of a witness, i.e. his ability to_____ы . 2. Lawyers____ each side are

allowed to____when they consider sth. done improper under the____of

evidence. 3. Attorne> who represents the defendant is a____.4.____ is

any statement made by a witness under

in legal proceedings. 5.

means that the lawyer doesn't have to state a____

excused. 6. The party bringing the suit is called a _

disputes what the____has said in the paper called

testimony can be either oral____, or____. 9. The fifth step of a trial is

for asking the juror to be

___ . 7. The defendant

. 8. The forms of

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called

, when the lawyers

10. The lawsuit is started by defendant's innocence is

__the case from their,

_ing a paper called a _

of view. 11. The

__unless he is proved____. 12. It is____

to judge to decide whether each____is valid or____.13. Following the

____of all the evidence, the judge____to the jurors on the laws that are to

guide them in their___on a____. 14. A____case is brought by the

state or the city against a person or persons accused of____a crime. 15. In

____cases people who have been____may sue a person or a company

they feel is responsible for____. 16. If the defendant has____not guilty,

the prosecution must prove his guilt to overcome the____ . 17. If the

objection was not valid, the judge will defendant in opposition to that of a

___ it. 18. Claim presented by a

is called . 19. The

is conducted in

fashion.

elected by the jury should provide that__

20.____is a request by a party to excuse a specific juror for some reason.

21. The____in trial decides the law, i.e. makes decisions on legal____.

22. Unlike challenges for cause the number of____challenges is____.

23. Most often in civil cases the party bringing the____is asking for money

____. 24. The plaintiffs____is greater in a criminal case than in a civil

case. 25. If the objection is valid, the judge will__

____way and my teacher is____, I will get a/an

it. 26. If I work in a mark!!!

Just for Fun

A jury consists of twelve persons chosen to decide who has the better

lawyer.

***

"You seem to be in some distress," said the judge to the witness. "Is anything wrong?"

"Well, your Honour," said the witness, "I swore to tell the truth and

nothing but the truth, but every time I try, some lawyer objects!"

***

A man had been convicted of theft on circumstantial evidence. When the case was sent for appeal, he revealed to his lawyer that he had been in prison at the time of the crime committed. "Good Heavens, man!" said the lawyer. "Why on earth didn't you reveal that fact at the trial?"

"Well," said the man, "I thought it might prejudice the jury against me."

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A man accused of stealing a watch was acquitted on insufficient evidence. Outside the courtroom he approached his lawyer and said, "What does that mean - acquitted?"

"It means," said the lawyer, "that the court has found you innocent. You are free to go."

"Does it mean I can keep he watch?" asked the client.

***

First juror: "We shouldn't be here very long. One look at those two fellows convinces me that they are guilty."

Second juror: "Not so loud, you fool! That's counsel for the prosecution and counsel for defence!"

Glossary

acquit (v) - to find a defendant not guilty in a criminal trial. action (n) - proceeding taken in a court of law; also case, suit, lawsuit, affidavit (n) - a written or printed declaration or statement under oath. answer (n) - a formal answer to a complaint, in which the defendant

admits or denies what is said in the complaint. bailiff (n) - a court employee who among other things maintains order in

the courtroom and is responsible for custody of the jury. burden of proof (n) - measure of proof required to prove a fact.

Obligation of a party to prove facts at issue in the trial of a case. case (n) - any proceeding, action, cause, lawsuit or controversy initiated

through the court system by filing a complaint, petition, indictment or

information.

cause of action (n) - a legal claim. challenge for cause (n) - a request by a party that the court excuse a

specific juror on the basis that the juror is biased. chambers (n) - a judge's private office.

charge (n) - formal accusation of having committed a criminal offence. claim (n) - the assertion of a right to money or property. clerk of court (n) - an officer of the court whose principal duty is to

maintain court records and preserve evidence presented during a trial. closing argument (n) - the closing statement, by counsel, to the trier of

facts after all parties have concluded their presentation of evidence. complainant (n) - one who makes a complaint. Same as "plaintiff. complaint (n) - 1. (crim.) formal written charge that a person has

committed a criminal offence. 2.(civ.) initial document entered by the

plaintiff which states the claim against the defendant.

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coiTvict (v) - to find a person guilty of a charge. convict (n) - one who has been found guilty of a crime or

misdemeanour; usually referred to convicted felons or prisoners in

penitentiaries.

- conviction. counterclaim (n) - claim presented by a defendant in opposition to, or

deduction from, the claim of the plaintiff. court reporter (n) - person who records and transcribes the verbatim

testimony and all other oral statements made during court sessions. cross-examination (n) - process by which a lawyer questions a witness

called to testify by the other side in the case. damages (n) - compensation recovered in the courts by a person who has

suffered loss, detriment, or injury to his person, property of rights,

through the unlawful act or negligence of another. defendant (n) - 1. (crim.) person charged with a crime. 2.(civ.) person or

entity against whom a civil action is brought. defence attorney (n) - attorney who represents the defendant. deposition (n) - sworn testimony taken and recorded in an authorized

place outside the courtroom according to the rules of the court. direct examination (n) - process by which a lawyer questions a witness

called to testify by his side in the case. evidence (n) - any form of proof legally presented at a trial through

witnesses, records, documents, etc. See expert evidence, exception (n) - a formal objection by one of the lawyers to something

said or done by the judge, such as refusing to allow a question to be

asked. exhibit (n) - paper, document or other physical object received by the

court as evidence during a trial or hearing. expert evidence (n) - testimony given by those qualified to speak with

authority regarding scientific, technical or professional matters. felony (n) - a crime of graver nature than a misdemeanour.

-felon (n). hearsay (n) - evidence based on what the witness'has heard someone

else say rather than what the witness has personally experienced or

observed. impeachment of a witness (n) - an attack on the credibility of a witness

by the testimony of other witnesses inadmissible (adj) - that which, under the established rules of evidence

cannot be admitted or received. indictment (n) - written accusation of a grand jury, charging that a

person or business committed a crime.

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information (n) - an accusation for some criminal offence, in the nature

of an indictment, but which is presented by a competent public officer

instead of a grand jury. instruction (n) - direction given by a judge to the jury regarding the

applicable law in a given case. juror (n) - member of a jury. jury (n) - specific number of people (usually six or twelve), selected as

prescribed by law to render a decision (verdict) in a trial. See trier of

fact, leading question (n) - one which suggests to a witness the answer

desired. Prohibited on direct examination. litigant (n) - one who is engaged in a lawsuit. litigation (n) - contest in court, a lawsuit. misdemeanour (n) - criminal offences less than felonies; generally those

punishable by fine or imprisonment of less than 90 days in a local

facility. A gross misdemeanour is a criminal offence for which an

adult could be sent to jail for up to one year, pay a fine of up to

$1,000, or both. manslaughter (n) - See Ch. V motion (n) - oral or written request made by a party to an action before,

during or after a trial upon which a court issues a ruling or order. objection (n) - statement by an attorney taking exception to testimony or

the attempted consideration as evidence.

overrule (n) - court's denial of any motion or point raised to the court. parties (n) - persons, corporations, or associations who have commenced

a law suit or who are defendants. peremptory challenge (n) - procedure which parties in an action may

use to reject prospective jurors without giving a reason. Each side is

allowed a limited number of such challenges. perjury (n) - making intentionally false statements under oath. Perjury is

a criminal offence. plaintiff (n) - the party who begins an action, the party who complains or

sues in an action and is named as such in the court's records. Also

called a petitioner. plea (n) - a defendant's official statement of "guilty" or "not guilty" to

the charge(s) made against him. pleadings (n) - formal written allegations by the parties of their

respective claims. polling the jury (n) - a practice whereby jurors are asked individually

whether they agreed, and still agree, with the verdict preponderance of evidence (n) - the general standard of proof in civil

cases. The weight of evidence presented by one side is more

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convincing to the trier of facts than the evidence presented by the

opposing side. probable cause (n) - reasonable cause: having more evidence for than

against, a reasonable belief that a crime has or is being committed; the

basis for all lawful searches, seizures and arrests. prosecution (n) - 1. act of pursuing a lawsuit or criminal trial. 2. the

party that initiates a criminal case. prosecutor (n) - the public officer in each county who is a lawyer and

who represents the interests of the state in criminal trials and the

county in all legal matters involving the county in criminal cases; the

prosecutor has the responsibility of deciding who and when to

prosecute. Also known as prosecuting attorney. reasonable doubt (n) - an accused person is entitled to acquittal if, in the

minds of the jury, his guilt has not been proved beyond a "reasonable

doubt"; that state of the minds of jurors in which they cannot say they

feel an abiding conviction as to the truth of the charge. rebuttal (n) - the introduction of contradicting or opposing evidence;

showing that what witnesses said occurred is not true; the stage of a

trial at which such evidence may be introduced. redirect examination (n) - follows cross-examination and is carried out

by the party who produced and first examined the witness. reply (n) - pleading by the plaintiff in response to the defendant's written

answer. search and seizure, unreasonable (n) - in general, an examination

without authority of law of one's premises or person for the purpose

of guilt to be used in prosecuting a crime. search warrant (n) - a written order, issued by a judge or magistrate in

the name of the state, directing a law enforcement officer to search a

specific house or other place for specific things or persons. Usually

required as a condition for a legal search and seizure. settlement (n) - 1. conclusion of a legal matter. 2. compromise

agreement by opposing parties in a civil suit before judgement is

made, eliminating the need for the judge to resolve the controversy. suit (n) - any court proceeding in which an individual seeks a decision.

See case, testimony (n) - any statement made by a witness under oath in a legal

proceeding. tort (n) - an injury or wrong committed, with or without force, to the

person or property of another, which gives rise to a claim for

damages. transcript (n) - the official record of proceedings in a trial of hearing,

which is kept by the clerk.

127

trial (n) - the presentation of evidence in court to a trier of facts who applies the applicable law to those facts and then decides the case.

trier of facts (n) - the jury or, in a non-jury trial, the judge.

verdict (n) - formal decision made by a trier of facts.

witness (n) - person who testifies under oath before a court or in a deposition regarding what was seen, heard or otherwise observed.

128

Chapter V

Crime and Punishment

Unit I. Crime.........................................................................................128

Unit II. Punishment...............................................................................131

Unit III. A Policeman and the Criminal World..................................135

Unit IV. The World of Crime...............................................................143

Unit V. Language Activities. Let's Do Justice.....................................151

Revision................................................................................................154

Just for Fun...........................................................................................158

Glossary................................................................................................159

Unit I

CRIME TASK 1. Read the text, consulting the glossary where necessary.

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.

129

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".

TASK 2 Work т groups. Make a list of arguments for and against the following statements ] . 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.

TASK 3. Read the text

Crime in Great Britain

$

About 90 per cent of all crimes are dealt with by Magistrates' courts. Sentences (that is, the punishments decided by the court) vary a lot but most people who are found guilty have to pay'a fine. Magistrates' courts can impose , fines of up to £2,000 or prison sentences of up to six months. If the punishment is to be more severe the case must go to a Crown Court _vThe most severe punishment is life imprisonment: there has been no death penalty in Britain since 1965. , ^

The level of recorded crime and the number of people sent to prison both increased during the 1970s and 1980s. By the end of that period the average prison population was more than 50,000 and new prisons had to be built as overcrowding had become a serious problem. By 1988 the cost of keeping"^ someone in prison was over £250 per week, which was more than the national average wage. \>

TASK 4. Find in the text the English equivalents for the following expressions.

^ V - уровень преступности; ^ j, - средний заработок;

9-6858

130

b - жестокое наказание; Ч - пожизненное заключение; С] - смертная казнь; V - признаны виновными; ^ - содержание кого-либо в тюрьме; ^ - преступления рассматриваются в магистратских судах;

; - накладывать штраф; \1° - приговор;

The Survey of Crimes

. Match the words from the box with the definitions below.

131

drug smuggling; hijacking; pickpocketing;

shop-lifting; kidnapping; mugging;

fraud; arson; theft.

a) they broke the window of his car and stole the radio;

b) they sold paintings that they knew weren't genuine masterpieces;

c) they illegally carried drugs into another country;

d) they held a pistol at the pilot's head and he had to do what they said;

e) they set fire to the hotel;

f) they took some things off the shelves and left the supermarket without paying for them;

g) they took away the rich man's son and asked him for a lot of money; h) they hit the man on the head as he was walking along the street, and stole all his money and credit cards;

i) they took her purse out of her handbag as she was standing on the crowded platform waiting for the train.

TASK 6. Look at this list of "crimes ". Try and rate each crime on a scale from 1 to 10. (I is a minor misdemeanour, 10 is a very serious crime). They are in no order.

- driving in excess of the speed limit;

\ - common assault (e.g. a fight in a disco-club); I - drinking and driving;

- malicious wounding (e.g. stabbing someone in a fight);

- murdering a policeman during a robbery;

- murdering a child;

- causing death by dangerous driving;

- smoking marijuanna;

- selling drugs (such as heroin);

- stealing £1,000 from a bank, by fraud;

- stealing £1,000 worth of goods from someone's home;

- rape;

- grievous bodily harm (almost killing someone);

- shop-lifting;

- stealing £ 1,000 from a bank, by threatening someone with a gun;

- possession of a gun without a licence;

- homicide.

Unit II PUNISHMENT

The Purpose of State Punishment

TASK 1. Answer the questions.

1. What does "The State Punishment" mean?

2. What kinds of punishment do you know?

3. How do you understand the purpose of State Punishment?

4. How should the punishment be organized?

TASK 2. Make a list of ideas and proposals on the topic of State Punishment. Supplement your list with the ideas you hear in class.

TASK 3. Complete the following text with the words or phrases from the box, using them in the appropriate form.

wrongdoer;	deterrent;	law-abiding;
misdeeds;	reform;	crime doesn't pay;
barbaric;	retribution;	corporal punishment;
humane;	rehabilitate;	death penalty.

What is the purpose of punishment? One purpose is obviously to

(a)___the offender, to correct the offender's moral attitudes and anti-social

him or her, which means to assist the offender to

behaviour and to (b)

return to normal life as a useful member of the community. Punishment can also

be seen as a (c)____because it warns other people of what will happen if

they are tempted to break the law and so prevejtfs them ,from doing_f so. , However, a third purpose of punishment (ievperhaps^ in sdciety s desire for ^ (d)_____, which basically means revenge. In other words, don't we feel that я

f^ht Л, , — 11 -

132

(e).

be cotisidere

punishmentdfit the crim f, . t cc^-Q. . </ their own property ,to e.

For those who subject to the

£с£/ф.*Лы?₁'» ^ &£>'

automatically receive .__

т

ffer for his (f)

_? The form of punishment should also 'n the one hand, some .believe ihat we should "make the

>,тч. i- H4?'£ .1. u и u л №*№(: Иг

(Those who siealatrom others should be deprived of

IrevtW criminalsare left in no doub^ that (g)_____.

lers (h)___should be used/Muraefe*rsJ snould be

"an eye for an eye and a tooth for a tooth'r^and

i)____. On the other hand, it is said that such viewiP

d (j)_____ and that we should show a more

are unreasonable,

(k)____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, (1)_____

life.

Penalties in England

TASK 4. Read the text and examine the chart.

In England there are no minimum sentences, except for murder, which carries a penalty of life imprisonment. There are maximum sentences for other crimes. Crimes are first heard by a magistrate who can either pass sentence, or refer the crime to a Crown Court with a judge and jury. Here are maximum sentences for some crimes. Sentences can be reduced for good behaviour, often by one-third or more. "Life sentences" are rarely more than 14 years, and it would be possible to release prisoners after 7 years.

Crime	Magistrates' Court		Crown Court
	Fine	Prison	Fine	Prison
Burglary	£1000	6 months	unlimited	14 years
Grievous bodily harm	£1000	6 months	unlimited	5 years
Possession of firearm	£1000	6 months	unlimited	5 years
Possession of cannabis	£500	3 months	unlimited	5 years
Common assault	£200	2 months	—	—
"Going equipped for stealing"	£1000	6 months	unlimited	3 years
Murder	—	—	life imprisonment

TASK 5. These are the general types of punishment in England Give a Russian equivalent for each of them. Which of these punishments exist in your country? Discuss this in your group.

Prison

Suspended sentences', the offender does not go to prison unless he or she commits another offence;

Probation: normal life at home, but under supervision;

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Youth custody in special centres for young adults; Short disciplinary training in a detention centre; Community service: decorating old people's houses, etc.; Compensation: paying, or working for, one's victim; Fines: the punishment in 80 per cent of cases; Disqualification from driving; Fixed penalty fines: especially for parking offences.

TASK 6 Work in pairs and discuss the following.

1. Which punishment do you think is appropriate for each of the following crimes?

a) murder of a policeman;

b) vandalizing a'telephone box;

c) drinking and driving, without causing an accident;

d) robbing a supermarket with a gun;

e) stealing goods from a shop ("shop-lifting");

f) parking a car illegally.

2. Match these actual sentences from British courts with the crimes in question 1.

a) five to ten years in prison;

b) a small fixed penalty fine;

c) life imprisonmfint; (^

d) a £400 finejjEb

e) a £200 fine amrclisqualification from driving;

f) 100 hours of community service. \K

3. Turn to the list of crimes (see "the survey of crimes" Task 6). Try to find the proper penalties for those crimes. Discuss which of you is the harsher

R judge?

TASK 7. Work in groups and find six arguments for and against the death penalty. In the discussion, use the following forms of agreement and disagreement:

- Exactly!

- That's it!

- By no means! -Nothing of the kind!

- Just so!

- You don't say so!

- You bet!

• I quite agree!

• That's right!

• Absolutely!

I don't think it's quite right... I disagree. Absolutely wrong! Rubbish!

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TASK 8. Newspaper discussion

a) Read this article and find synonyms for the following expressions from the text.

- burst into tears;

- respectable;

- shop-lifting;

- youngster;

,. л< PQt₄ £

- fhghf -

b) Tell this story as if you were:

- Samantha;

- store detective;

- police officer.

I<ef off iwitli n caution

¹ 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, and burst into tears.

Samantha says, "I was lucky. Two policemen came and looked at my home, which is very middle class

and respectable. I think that's why they let me off. They even asked to see my school books."

After two years of regular shop­lifting, 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 of youngsters do. But she feels she's grown out of it after the fright she got the other day, and has decided to took for other interests.

[The Evening Post]

TASK 9. Translate this article into Russian. Write a list of measures that a store owner should take to prevent shop-lifting.

Big London stores do not like Discussing changing patterns in shop­lifting, presumably for fear of alarming their customers. One store says it never reveals information about customers or staff. Another says it does not keep records of violent incidents relating to shop-lifting and is

unable to comment. However, security officers in some of the stores have revealed that violence has become increasingly common when dealing with shop-lifters.

The security officer of one London branch stores has been assaulted six times by shop-lifters,

135

uffering a broken nose and a dislocated jaw in separate incidents. He says that if you go after the gangs, they go after you. Sometimes, you can recover the goods, but usually the gangs are too welt-organized to hang

around until the police get to the scene. This kind of incident is definitely on the increase. An efficient deterrent must be found. [The Daily Record]

Unit III A POLICEMAN AND THE CRIMINAL WORLD

TASK 1. Read the text and answer the questions below.

On tape that follows we speak to a Superintendent of Police. That is a very high position. He is responsible for the direction of the police in a very large area. He tells us about his feelings towards various types of criminals. He describes his reactions to the terrible case in London in 1966 when three policemen were all shot dead at the same time. British policemen are not normally armed. He tells us how he and other policemen feel about this and also what happens when the police catch a man who has killed another policeman. Finally he describes what happened when he had to face a violent dangerous man.

1. What is the Superintendent responsible for?

2. What does he describe?

TASK 2. Match each word and phrase on the left with the correct definition on the right

a) part and parcel of

b) affinity with

c) a hard-core minority

d) they have a sneaking regard for them

1. they almost like them even though they feel they shouldn't

2. a small number of very "hard" cases

3. a basic part of

4. a feeling of very close sympathy

136

TASK 3. Listen to part 1 of the tape Make notes while you are listening to be able to answer the following questions *' The Superintendent mentions a criminal who "has become part and parcel" of the station. How has this happened?

2. What do you think he means when he says this criminal is "always in"?

3. What does he feel towards this type of criminal?

4. Who is "Old Fred". Say what he does, when, and why.

5. What does the Superintendent mean by "the other end of the scale"?

6. How does he describe the second type of criminal and how does he feel towards them?

TASK 4. Transform the sentences according to the model

MODEL: There are criminals. Policemen have a sneaking regard for

them.

There are criminals who policemen have a sneaking regard for.

a) Old Fred is a man. The Superintendent has an affinity with him.

b) There are some criminals. The police get on well with them.

c) There are others. The police have a special hatred for them.

d) These are the children. You have to take care of them.

e) This is the man. You ought to pay the money to him.

MODEL: He's been caught many times. He's become part and parcel of

the station.

He's been caught so many times that he's become part and parcel of the

station.

a) He's been in many prisons. He knows them all.

b) The police meet many people. They can tell when someone is lying.

c) He's been before the Magistrates many times. They recognize him immediately.

d) Old Fred has been in prison many times. He does not know how to live outside, j^ ^°

e) He's lived in-many countries.»-He has made friends all over the world.

TASKS Work т groups Prepare your arguments for the questions below.

1. Why do you think the Superintendent has an affinity with some types of criminal and not with others.

2. What makes "Old Fred" prefer to go to prison than stay outside?

137

TASK 6. Listen the Part 2 of the tape.

In 1967 three policemen were shot dead at the same time one afternoon. The Superintendent describes his reactions and also what happens when they catch the men who do such things.

TASK 7 Match each word or phrase on the left with the correct definition on the right.

a) sheer anguish

b) on this sale

c) bend over backwards

d) scrutiny

e) fair

f) ordinary

1. non exceptional, commonplace

2. close inspection

3. free from self-interest, honest

4. extreme mental pain and unhappiness

5. to be so careful and considerate that it is almost ridiculous >.

6. here, "so many"

TASK 8. Answer the questions

1. Why was he shocked when the policemen were killed?

2. Had policemen ever been shot before? What exactly is said about this?

3. What do the police do when they catch a man who has killed a policeman?

4. Why do they do this?

TASK 9 Transform the sentences according to the model.

MODEL: My first reaction was one o/sheer anguish, (first impression/ deep despair) My first impression was one o/deep despair.

a) first reaction/profound shock

b) next feeling/complete amazement

c) initial reaction/utter disbelief

d) main impression/deep bitterness

e) final reaction/sheer boredom

MODEL: This country had reached a stage... Its policemen could be

shot.

This country had reached a stage where its policemen could be shot.

a) He reached a stage. He just couldn't go on running.

b) He didn't want to reach a stage. He might lose his temper.

c) The world may reach a stage. There won't be enough food.

d) Work hard and your English will reach a stage. It will be perfect.

e) Britain may reach a stage. Its policemen will carry guns.

138

f) Education in Britain has reached a stage. More money will have to be spent.

TASK 10. Work in pairs and discuss the following.

1. What do you think should be done with people who kill a

policeman?

Discuss reasons for:

a) putting them in prison, possibly for life;

b) executing them.

2. How would you react if you were the policeman who arrested a man who had killed another policeman? What would you want to do? Why?

TASK 11. Listen to Part 3 of the tape.

British policemen are not normally armed. That is, they do not carry guns. The Superintendent describes how policemen feel about this.

TASK 12. Match each word or expression on the left with the correct definition on the right.

a) anus 1. marked by extreme force or sudden intense

activity

b) honestly 2. to make use of sth.

c) average 3. weapons

d) foreign to his nature 4. in a way that is free fraud or deception

e) resort to sth. 5. the setting of differences through consent reached

by mutual concessions

f) violent 6. not out of the ordinary, common

g) compromise 7. something he would naturally never do

TASK 13. Answer the questions.

1. At the very beginning the Superintendent says. "I honestly think the average policeman never thinks about it." What does his phrase mean here?

2. What does he say the average policeman feels about the average Britisher?

3. What does he say about "certain elements in the criminal world"?

4. Who exactly are the "certain elements"?

5. What reason does he give for saying "We are not a violent nation"?

139

TASK 14. Listen to the tape.

"Of course, it is true to say that there are certain elements in the criminal world that are resorting to firearms."

1. Does the phrase "It's true to say that" mean: a) You're stupid if you cannot understand this.

b) I'm not lying!

c) On the other hand.

2. Put "Of course, it's true to say that..." between these pairs of sentences.

a) Most British people trust the police. There are certain exceptions.

b) On the whole the police don't like firearms. Some policemen want guns.

c) He's a very good manager. He has made a few bad mistakes.

d) Policemen in Britain rarely need guns. Every policeman knows how to use one.

e) The police are pretty honest. There are always a few who are not.

Listen again to the tape. "As a nation, we love compromise, don't we? "

1. Does the Superintendent expect agreement or is he asking real questions?

2. Transform the following in the same way with the same intonation: MODEL: We are a nation. We love compromise. "As a nation, we love compromise, don't we?"

a) "Manchester United" are a team. They are unbeatable.

b) We are a company. We have to think of our employees.

c) The police are a public institution. They have to be beyond criticism.

d) Policemen are a group. They have to accept danger.

e) Britain is a country. It will have to export more.

TASK 15. Discuss the following.

1. What are the advantages and disadvantages of policemen being armed?

2. Why are the police armed (or not armed) in your country?

TASK 16 Listen to part 4 of the tape.

The Superintendent describes what he did once when he faced a violent man.

140

TASK 17. Match the -words and expressions on the left -with the apprropriate definitions on the right.

a) eventually

b) threatening

c) particular

d) have a chat

e) trust

f) pompous

g) common denominator

1. a sense of understanding, of having sth. in common with another person

2. self-important, pretentious

3. after a while

4. confident belief in or reliance on

5. have a pleasant, informal, casual conversation

6. specific

7. indicating imminent danger or harm

TASK 18. Answer the questions.

1. Why did the Superintendent have to go to the house?

2. What was the man doing when the Superintendent had to deal with him?

3. Describe at least three of the things the Superintendent did.

4. What does he say you must try and do with such a man?

5. Why does the Superintendent say "I hope this doesn't sound pompous"? Think of possible consequences.

6. What are his last comments here?

TASK 19. Transform the sentences according to the model.

MODEL: You just go and sit there, (have a chat) You just have a chat.

a) hope for the best

b) do what you can c)take a chance

d) try to get his confidence

e) persuade them to listen

MODEL: Does this sound pompous? I hope not. I hope this doesn't sound pompous.

a) Does this sound stupid? 1 hope not.

b) Does this seem impossible? We hope not.

c) Does this seem reasonable? We hope not.

d) Does this sound a good idea? I hope so.

e) Does this sound absurd? I hope not.

141

TASK 20. Discuss the following.

1. What difference would it have made if the Superintendent had had a gun?

2. What difference would it have made if the man had had a

gun?

TASK 21. Read the text and answer the questions below.

The British police officer - sometimes called the "bobby" after Sir Robert Peel, the founder of the police force - is a well-known figure to anyone who has visited Britain or who has seen British films. Policemen are to be seen in towns and cities keeping law and order, either walking in the streets ("pounding the beai^or driving in cars (known as "panda cars" because of their distinctive mamngs). Few people realize, however, that the police in Britain are organized very differently from many other countries.

Most countries, for example, have a national police force which is controlled by central Government. Britain has no national police force, although , ^ police policy is governed by the central Government's Home Office. Instead, there is a separate police force for each of 52 areas into which the country is divided. Each has a police authority - a committee of local county councillors and magistrates.

The forces co-operate with each other, but it is unusual for members of one force to operate in another's area unless they are asked to give assistance. This sometimes happens when there has been a very serious crime. A Chief Constable (the most senior police officer of a force) may sometimes ask for the assistance of London's police force, based at New Scotland Yard - known simply as "the Yard".

In most countries the police carry guns. The British police generally do not carry firearms, except in Northern Ireland. Only a few police are regularly armed - for instance, those who guard politicians and diplomats or who patrol airports. In certain circumstances specially trained police officers can be armed, but only with the signed permission of a magistrate.

All members of the police must have gained a certain level of academic qualifications at school and undergone a period of intensive training. Like the army, there are a number of ranks: after the Chief Constable comes the Assistant Chief Constable, Chief Superintendent, Chief Inspector, Inspector, Sergeant and Constable. Women make up about 10 per cent of the police force. The police are helped by a number of Special Constables - members of the public who work for the police voluntarily for a few hours a week.

Each police force has its own Criminal Investigation Department (CID). Members of CIDs are detectives, and they do not wear uniforms. (The other uniformed people you see in British towns are traffic wardens, Their job is to

142

make sure that drivers obey the parking regulations. They have no other powers - it is the police who are responsible for controlling offences like speeding, careless driving and drunken driving.)

The duties of the police are varied, ranging from assisting at accidents to safeguarding public order and dealing with lost property. One of their main functions is, of course, apprehending criminals and would-be criminals.

1. Who was the founder of the British police?

2. Is there one police force, organized by central Government?

3. In what situations can the policemen carry arms?

4. What are the ranks of the policeman.

5. What are the duties of traffic wardens?

6. What is Scotland Yard and what does it do?

TASK 22. Read the text and fill т the gaps -with the appropriate words from the previous text.

In Britain different areas have different (a)

. For instance, the

Metropolitan police operate in London, but there are different police forces in the counties outside London.

The top man in each police force is (b)______. He is appointed by

the local Watch Committee which is a (c)______of the local government.

The Watch Committee can dismiss him, too, if the central government agrees. The Chief Constable appoints all the (d)_____below him in his force.

Things are slightly different in London. The top man is known as the Metropolitan Police Commissioner and his appointment is arranged through the central government.

British police are normally not (e)_____. In special cases, when their

work becomes dangerous, they can be given (f)______however.

As is well known, the (g)______of the British policeman is blue,

with a tall helmet. These days, though, you can see a different uniform in the

streets. This is the uniform with the yellow hatband worn by (h)______.

Their job is simply to control traffic and (i)______.

The most famous name connected with the British police is

(j)______. It is the headquarters of the London police force. Besides dealing

with local police matters, the London police also help all over England and Wales with difficult crimes. They do this at the request of the local police.

TASK 23. Using the information of the Unit, summarize the topic "Police".

143

Unit IV THE WORLD OF CRIME

Bank Robbery

TASK 1. Look at this picture and read the text.

Z>o yen* know tluls

Photofit of the suspect

Police are searching for a man who is wanted for questioning about a string of burglaries in the Manchester area, which they suspect may be connected.

In the first of two recent incidents, a man tied up a woman in

her own house in the early hours of the morning and escaped with goods valued at around £2,000. They included items of jewellery, a stereo, a video recorder and a colour TV set. She managed to free herself, unhurt, after he fled. She described him as white, around 5'8", in his late twenties, well-built, clean-shaven, with a pointed nose and straight dark hair.

Two days later a man wearing a stocking mask broke into a factory in the same area and got away with cash of around £3,000. A man fitting the description above was later seen driving away from the scene in an old blue Escort van.

Police warn that this man could be armed and therefore dangerous. They have issued the photofit picture above and ask the public to contact; them immediately if they have any. information. i

TASK 2. Find in the text the English equivalents for these words and expressions.

- наличные деньги;

- допрос;

- вооружен и, следовательно, опасен;

- подозреваемый;

- кража со взломом;

- полиция разыскивает;

144

- фоторобот;

- маска-чулок;

- ворваться;

- человек, соответствующий этому описанию;

- место преступления.

TASK 3. Find m the text the description of the criminal and compose an opposite one e g. "She described him as black, very tall "

TASK 4 Listen to the tape

There have been several bank and post office robberies recently. The police are investigating the crimes and they would like to interview two men and one woman who were seen near two of the banks last week. The police officer is describing to journalists at a press conference the three people they would like to interview. Use the information you hear to help you to complete these drawings of the three people.

TASK 5. Listen to Tony talking about the experience he had, and answer the following questions 1 • Wh^at kind °f robbery was it?

2. Was it a successful robbery?

3. How did Tony feel a) during it? b) after it?

Listen again and fill in the following notes, which the police took during their interview with Tony a few days later

145

a) What time of day was it?

b) Where was the bank?

c) How many customers were in it?

d) What was Tony doing when the robbers arrived?

e) How many robbers were there?

f) What were they wearing?

g) What were they carrying? h) What did the robbers say? i) What did people do?

j) How did the robbers get the cash?

k) What did they say when they were leaving?

1) When did the police arrive?

m) What did Tony do next?

TASK 6 Fill this story about a bank robbery with the appropriate phrasal verbs in the correct tense The meaning of each verb is given m brackets Choose the appropriate phrasal verb from the box below

The bank robbery

«^Yesterday, robbers (a)

___ (forced an entry into) the National

Midland Bank in the High Street soon after closing time^They (b)_____

(threatened with guns) the staff, and forced the manager tc|(c)_____(give

them) £50,000 in cash. The robbers ran out of the bank and$(d)_____

(escaped) in a stolen car, and were last seen£(e)_____(going in the direction

of) the London Road. Police have warned the public that these men are very dangerous, and are unlikely tcffif) V (surrender) without a fight. Said Chief Inspector Ralph Smith: "We're sure that we'll catch them soon. They won't f (g)_____(avoid punishment for) it".

make off; 3 get away with; У break into; give up; у hold up;_____^ make for.

7 hand over;

TASK 7 Look at the following expressions used by criminals Match each expression with its synonym given below.

1. Fred's been sent down for 10 years for armed robbery.

2. Now John's out of prison, he's determined to go straight, i

3. Haven't you heard about Mary⁹ Stye's been done for pinching a gold bracelet from a shop. С

4. He came clean as soon as the police caught him. "

5. Uncle Fred has done his time and now he's a free man. 6

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a) admit committing the crime

b) sent to prison

c) prosecuted

d) finish a prison sentence

e) stealing

f) stop breaking the law

TASK 8. Retell the story about the bank robbery as if you -were:

- one of the criminals

_ _a detective investigating the case

- the clerk of the bank

- one of the bank guards

TASK 9. Work in groups and discuss the following.

Have you ever been involved in any kind of robbery?

TASK 10 Find in Russian or British newspapers criminal reports about robberies. Present them in class

A Case of Murder

TASK 11. Read the text.

At the age of forty-two, Kurt Hofmann, a German businessman, was given a very high position in a large company in Zurich, Switzerland. He took the job as head of the marketing department even though he had not had direct experience in this type of work before. He was very ambitious and really wanted this well-paid job. The company gave him the job even though they knew it was a "problem" position.

After about six month it was clear that Mr. Hofmann was under a lot of stress.

TASK 12. Work with a partner and number these stress factors 1-10, starting with 1 as the most serious.

_his job was beyond him, he just couldn't do it;

_his colleagues, five men in particular, disliked him and told

everyone how bad he was at his job;

_his superior didn't help him at all;

_his wife left him;

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_his girlfriend refused to move to Zurich;

_^ he had to move away from the town where he had always lived;

_he was living in a foreign country;

_he worked at least twelve hours a day trying to do the job;

_^ there was no one at work he could trust;

,_he was living alone for the first time in his life.

TASK 13. Tell the group Mr. Hofmann's story up to the day when he committed a crime.

TASK 14. Read this press report from an the evening newspaper.