English_for_Police_Officers

7.The malefactor may have used the same tool for housebreaking as he always did.

8.The door could have been broken.

9.The footmark had a clear form and could have been made visible with bromide paper.

III. Translate the words without a dictionary.

authority; arrest (n,v); date; jurisdiction; procedure; civil; serious specifically.

IV. Read and translate the text.

SEARCH AND SEIZURES

The officer must have a thorough knowledge of the laws of search and seizures. The authorityto search is limited. There are three general conditions under which the officer may search the property of another.

First, by permission of the owner of such property. The officer may ask the owner's permission to search his house or property. In this case, he should have his own witnesses to the granting of this permission.

The second condition for legal authority to search is searching a place for a wanted person. If the officer has a warrant in his possession charging a felony or a misdemeanour he may enter any place against the owner's will or by force to believe that the person is hiding or at present he is within the place.

If the person is arrested, the law provides that the officer may search the immediate area for evidence in the case against him.

The officer may search anyone whom he arrests and should seize any weapons or evidence of the crimes, which he may find on his offenders.

The third condition to search is by the authority of a search warrant, properly obtained and properly made out. The property to be searched must be specifically designated. The warrant must be dated and signed by a proper person having jurisdiction over that area and having the authority to search the premises by such force as necessary. As many officers as needed can be used, but they must be in one group.

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When once used, the warrant must be properly executed, stating who participated and what they found to seize and what charges were brought against whom.

All the things seized during the procedure of a search should be recorded, labeled and stored in the department's property room. A receipt should be given to the prisoner for the articles seized in his premises.

The search warrant has a limited use because it is a powerful weapon and if used without caution it can have a serious effect on the civil rights of people. Therefore it should be thoroughly understood by the police officer when he can use it.

Active words

tо seize, seizure, authority, property, permission, to grant, warrant (n,v), to serve a warrant, to execute a warrant, premises, label (n,v), receipt, condition, proper, designate, sign (v,n).

V. Read and translate the words, paying attention to affixes.

to permit – permission; to participate – participation – partici – pant; to possess – possession – possessor; to caution – caution – cau – tious; to specify – specific – specifically; to sign – sign – signature; proper – properly – improper.

VI. Answer the questions.

1.How many conditions are there under which the officer may search the property of another?

2.Whose permission may the officer ask to search the property of another person?

3.What is the second condition for legal authority to search?

4.Whom may the officer search?

5.What is the third legal authority to search?

VII. Read and translate the sentences. Find the true sentences. Correct the false ones.

1. The police officers may search the property of another person under any conditions.

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2.The police officer may never enter any place against the owner's will or by force.

3.The officer may search anyone whom he arrests but he should not seize anything that he may find on the offender.

4.Before serving anysearch warrant the officer should examine it.

5.The search warrant gives the authority to search the premises by a limited force.

6.The search warrant is used very often because it is a powerful weapon.

7.The property to be searched must be specifically designated.

VIII. Read and translate the groups of words.

to search a suspect, to search premises, to search for stolen property, a crime scene search; to seize evidence, to seize weapons, to seize a convict’s property, laws of seizures; to examine a house, to examine an accused, to examine paper, to examine a house, to examine a warrant; to provide for strict punishment, to provide by law; to hide a criminal, to hide in a secure place, to hide stolen property; to identify a criminal, to identify fingerprints (footprints); authority to search (to arrest), legal authority; to obtain a warrant, to execute a warrant, to make out a warrant, to serve a warrant; legal possession, to be in possession, to be in unlawful possession of property; to grant a permission, to ask for the owner's permission; stolen property to be searched; personal property, public property.

IX. Read and translate the following sentences, paying attention to modality.

1.While arresting a person for a misdemeanour the police must have a warrant.

2.The arrest for misdemeanour where there is no warrant in possession of the officer can only be made when the officer knows exactly that the person has violated the law. He must actually see the violation.

3.Nothing should be taken from the offender at the time of arrest except dangerous weapons, which are to be seized at once.

4.The officer must know his jurisdiction and he must also know the limits of his authority concerning the acts of commission.

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5.For the successful prevention and detection of crime detectives should learn thoroughly the position of important places within their own police jurisdiction.

6.The officers of the Criminal Investigation Department have to make inquiries concerning prisoners. They also have to spend much time tracing the stolen property.

7.No person can be arrested for misdemeanour without a warrant.

8.The officer is to show the warrant to the person to be arrested.

X. Read and translate the sentences.

1.A person cannot be convicted of homicide on circumstantial evidence alone unless the body of the deceased has been discovered.

2.Crimes consist either of acts or omissions.

3.It is wrong to accuse a person of crime unless уоu have a proof that he is guilty.

4.Under the British law lawful arrests may be either by a warrant or in certain cases without a warrant, when the police officer, making the charge must have sufficient evidence to justify his action.

5.An officer has no right to search a person unless he is going to arrest him.

6.The absence of an eyewitness, clear motives and physical clues may prevent a solution of a crime unless the perpetrator confesses.

7.Evidence is either judicial or extra-judicial in the British law.

8.A person accused of crime must always be presumed innocent until he has been proved guilty.

9.The police officer must not touch anything at the crime scene until the preliminary search has been completed.

XI. Read and render the text.

SEARCH OF A HOUSE

The search of a house without a warrant is legal only in the case when the right to arrest for a crime exists. The searching of a house for any evidence without the arrest requires permission by the owner of the house to make the search. Permission to make a search which is obtained by fraud is not valid and it is inadmissible as evidence in court. Moreover, the officer making the illegal search may be pun-

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ished for taking property without the authority of the law. The permission of any other person, not that of the owner of the property, is also not valid. Therefore before searching a house it is always recommended to obtain permission in a written form from the owner of the property. Another way to make a legal search is to do it by means of a search warrant.

XII. Read and translate the text with a dictionary.

APPREHENDING THE SUBJECT

A search of a person is conducted to discover weapons or evidence or to determine identity. Taking custody of property found by searching is called seizure. A preliminary search of a person ordinarily is made at the time and at the scene of an arrest. Its main purposes are the discovery of weapons and the seizing of incriminating evidence, which might be destroyed. On the place of detention a more complete search is made. In searching the investigator grasps the prisoner's clothing and limbs firmly. He does not pat, but grasps. A patting motion can result in a failure to detect thin, flat weapons or other similar objects. The search should be methodical.

After apprehending the subject the investigator is charged with the custody of an offender. Now his duty is to bring the offender before the proper authorities. If the subject is unwilling, or if his reputation is that of a dangerous person, the investigator must be alert for attempts to escape. The investigator should employ technical aids such as restraining devices, handcuffs and other.

The investigator should not, in the busy moments of taking the offender into custody, overlook the possibility of evidence being in the area. When the arrest has been made and the offender has been subjected to a preliminary search, the area surrounding the place of arrest should be searched for weapons, narcotics, or the evidence.

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Lesson 6

Text: Rules of Evidence.

Grammar: The Infinitive Constructions.

Complex Object and Complex Subject

I. Read and translate the sentences, paying attention to the Infinitive Constructions.

1.The offender wanted his advocate to make a statement.

2.The witness was known to be present at the crime scene.

3.The perpetrator of the crime is reported to have been interviewed.

4.The property is known to have been stolen.

5.The public expected the court to sentence the prisoner to death.

6.Fingerprints are known to have been used as evidence since old times.

7.All violations of law are known to have their special features.

8.To be drunk in public is considered to be a misdemeanour.

9.The court expects the search warrant to be properly executed.

10.The investigator believed the man to have committed a serious crime but he had no proof.

11.We suppose him to be an experienced investigator.

12.The owner permitted the search to be made in his house.

II. Translate the words.

universal, associate (n,v), assemble, original, document, presume, function (n,v), competent, declaration.

III. Read and translate the text.

RULES OF EVIDENCE

Evidence in criminal cases is known to be any data of proof, legally collected and presented to the court. The term evidence includes all the means by which the facts, establishing the truth are proved or disproved. The purpose of evidence is considered to be the

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discovery of the truth of the charge.

The laws of evidence are the rules of its admissibility in court. There is no universal law of evidence. The rules of different states vary.

Evidence may be divided into three major classifications:

1)direct evidence.

2)indirect or circumstantial evidence.

3)real or physical evidence.

1.Evidence, which directly establishes the main fact of issue, is called direct evidence. For example, the witness is describing a criminal act, which he actually saw.

2.Indirect or circumstantial evidence is facts so closely associated with the perpetration of a crime that they lead to a conclusion on the guilt or innocence of the accused when assembled together. The indirect evidence is considered to be legal because not all crimes may have an eyewitness, but they should be acted upon cautiously.

3.Real or physical evidence is an object introduced at a trial to prove or disprove a fact. This kind of evidence is expected to speak for itself. Examples of real evidence are: weapons, fingerprints, bloodstains, wounds, etc. Real evidence may be direct or circumstantial.

Facts mау be proved by oral or documentary evidence. Documentary evidence may be primary (the original document) or secondary (a copy of the document or an oral account of it). Secondary evidence is admissible only when it is impossible to produce the original. The best evidence is the thing itself – "best evidence rule".

It is well to become familiar with some legal terms used when speaking of evidence:

А presumption is known to be a logical conclusion made from proven facts or circumstances of the case.

Here are examples:

1.Everyone is presumed to know the law.

2.Children under seven are presumed to be incapable of committing a crime.

3.Every man is presumed to be innocent.

The presumption of innocence means that the accused in the criminal case is considered to be innocent until his guilt is estab-

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lished by the judge or jury trying his case. The evidence must prove his guilt according to the law.

Corroborative evidence is known to be a type of evidence where one person makes a statement and another verifies it. The function of the rules is to limit the evidence, which the witness may present to those of things of which he has a direct knowledge.

Some kinds of evidence are not admissible in court. Only material and relevant evidence and competent witnesses may prove or disprove the guilt of the accused. Irrelevant evidence and incompetent witnesses are not admissible at a trial.

In case of opinion evidence a witness testifies to his opinion based on the facts.

Hearsay evidence is a repetition of what the witness has heard the other say. For example, a witness states:” I know X hit Y because Z told B“.

Such types of evidence as confessions, dying declarations, witness statements, expert testimony, identifying evidence and so on, are admissible in court. A complete knowledge of the rules of evidence is necessary for the police officers and investigators.

Active words

datum (data.), evidence, (in) direct evidence, real (physical) evidence, oral evidence, documentary evidence, hearsay evidence , (ir) relevant evidence, primary evidence, secondary evidence, (im) material evidence, to admit, admissibility, admissible, issue, to conclude, conclusion, caution, cautiously, to introduce, to рrоduсе, to presume, presumption, to verify, to be associated with, to testify to, innocence.

IV. Read and translate the following words paying attention to the affixes.

to admit – admissible – admissibility; to associate – associated – association; to conclude – conclusion; to introduce – introduction; to declare – declaration;

to introduce – introduction; to declare – declaration; document – documentary, origin – original; to state – statement; capable – incapable; caution – cautious – cautiously – precaution, circumstance –

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circumstantial; relevant – irrelevant; competent – incompetent; direct

–indirect.

V. Answer the questions.

1.What is evidence?

2.In what way is evidence classed?

3.What is direct, indirect and real evidence?

4.In what way may facts be proved?

5.What does the term "best evidence rule" mean?

6.When is secondary evidence admissible in court?

7.What does the term “presumption of innocence” mean?

8.What is corroborative evidence?

9.What kinds of evidence are admissible in court?

VI. Read and translate the sentences. Find the true sentences. Correct the false ones.

1.All kinds of evidence presented in court may help to discover the truth of the charge.

2.There is a universal law of evidence for all states.

3.The evidence of an eyewitness is called indirect evidence.

4.Real evidence may be only circumstantial.

5.Presumption of innocence means that every man is presumed to be innocent until his guilt is proved.

6.The evidence is not admissible in court if it serves to identify the accused as the perpetrator of a crime.

VII. Read and translate the following groups of words.

to collect and present evidence, to establish the truth; to disprove a fact; to perpetrate a crime, to make a conclusion; to act cautiously; to prove a fact, to consider innocent; to try a case, to make a statement; to verify a statement; admissible evidence, relevant evidence; to make a confession; to make a testimony; to be associated with; crime scene search; an eyewitness statement; fingerprint specialist; qualification expert testimony; car motor number; search warrant; department's property room; shoe impressions; tool impression; crime scene boundaries; clue material; scientific crime detection equipment.

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VIII. Explain the meaning of the word combinations. Use the

text.

direct evidence, indirect evidence, documentary evidence, presumption of innocence, corroborative, irrelevant evidence, real evidence.

IX. Read and translate the sentences paying attention to the active words and the Infinitive.

1.Circumstantial evidence is considered to be the evidence, which establishes certain relevant facts, leading to the presumption of existence of an issue.

2.The burglar was found to be in possession of a loot taken during the burglary. Examples of evidence: A. is charged with murder of B by shooting (C. testifies that he saw A shoot B. – direct oral evidence; D. testifies that after shooting he saw A. hold a gun – circumstantial evidence and that A. could have used his gun against B.; the gun is produced in court – direct real evidence).

4.The lawyers consider the presenting of the best evidence to be one of the main principles of the rules of evidence.

5.We know circumstantial evidence sometimes not to be admitted if direct evidence can be given.

6.Hearsay evidence is known to be evidence when a witness testifies to a statement made to him by another person (not the accused).

7.In some cases hearsay evidence is supposed to be admissible in court.

8.The court considers the ассusеr's action after he commits а crime to be relevant to the case.

9.A person is said to have made a tacit confession if he does not deny an accusation.

X. Read and translate the sentences, paying attention to the translation of “one”.

1.The competent witness is the one who is eligible (has the right) to testify.

2.Corpus delicti means that one must have the essence of the crime before one can have a conviction.

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