Into an air-traffic controller's computer system and caused aeroplanes

to crash, with the intent^ to kill the passengers. Not surprisingly

crimes that specifically relate to computers are relatively

recent creations of statute.

Some specific computer crimes are set out in the Computer

Misuse Act 1990. It is designed to protect information kept on

computers. There are three particular reasons why such information

needs protection by the criminal law. Firstly it is said to be

Very hard to safeguard information stored on a computer, particularly

as often the information is intended to be accessed by a number

of authorized people. By contrast information on paper can be

kept in a safe or other secure^ place. Secondly the ease of destroying

or corrupting data on a computer means it deserves^ special

protection, particularly as it is not always possible for the owner of

the computer to realize that the data have been looked at. Thirdly

the highly confidential"* nature of the kind of information kept on

computers (often concerning many members of the public) is such

that it needs particular protection.

The act prohibits^ «hacking», i.e., gaining^ unauthorized access

to computer material. The offence is committed if a defendant is entering

the computer just to see what he can find. The Act also contains

a more serious offence of doing this with the intent to commit

another offence. The most common example is likely to be a deception

(обман) offence or theft. A defendant who obtained data which

he intended to use in the future to commit an offence of obtaining

property by deception will still be guilty of the more serious offence.

There is also an offence of modifying computer material in an

unauthorized way. This section is clearly aimed at people who

alter^ computer data with intent to corrupt a program. The intent

does not need to be directed towards any particular computer or

data. Modification is defined as including removal of any program

or data on a computer and includes adding to the contents or

erasing^ them.

It also includes temporary^ modification. It would appear to

cover sending someone a disc with a virus on it that was intended to

damage the working of the computer.

It is possible to be guilty of criminal damage of computers if

there has been a physical change to some components of the computer.

Notes to the Text

1. (legal) puфose, intention

2. safe

422

3. have a right to

4. (to be kept) secret

5. say that smth. must not be done (by rules of regulations)

6. obtain

7. change

8. removing

9. lasting for a short time only

To be read after Text 3

The Jury

The jury has a long history within the English legal system, although

its role has changed significantly during that time. Originally,

members of the jury were witnesses^ Today, they are a

group of twelve ordinary people with no special knowledge, chosen

at random to act as impartial^ judges of the facts of a case. In a jury

trial, the jury is advised by the trial judge on the relevant^ law; that

is, the judge's function is to explain the law to the jury and ensure

that the trial is conducted according to the rules of procedure and

evidence. The function of the jury is then to apply the law to the

facts and then decide, in criminal cases, whether the defendant is

guilty or not guilty and, in civil cases, whether the defendant is liable

to the plaintiff. The decision of a jury is called a verdict^. The

juries do not need to give reasons for their verdict. In civil cases the

jury will also decide on the amount of damages to be awarded to the

plaintiff.

«Shadow» («теневой») juries are sometimes used to research

the adequacy of the jury system; a random group of twelve people

sits in the court and hears a case and reaches a verdict which is then

compared to the verdict of the real jury.

Although the jury continues to have much symbolic importance

in the English legal system, in practice its role has been greatly

dimished^ over recent years.

Notes to the Text

1. a person who gives evidence in court

2. just, fair; not favouring one side more than the other

3. (closely) connected with what is being discussed, done, etc.

4. decision reached by a jury

5. make or become less

423

То be read after Text 4, 5

Judges

Judge is a public officer with authority to hear and decide cases

in a law court. In the British system of law judges are chosen from

lawyers who have gained considerable experience as legal practitioners

before being appointed to the judiciary.

Judges must be independent of the parties to a dispute (this ensures

a fair and just trial). They must be independent of the executive.

This enables the judges to exercise control over government

action. Judges must be free of any political bias (пристрастность,

предубеждение).

Most of the work of the judges is judicial in the sense that they

have to adjudicate upon disputes. To do this they are required, impartially,

to find the facts based on the evidence presented to the

court, to apply the law to the facts and then to give the right decision.

Their role is therefore limited to ensuring that there is a fair

trial, reaching a decision on the fact as presented to them and applying

this to the law.

Judges do not investigate the cases they are trying but they do

not play a completely passive role; they may, sometimes, question

witnesses and they must ensure that the trial is conducted according

to the rules of procedure and evidence.

ТЕРМИНОЛОГИЧЕСКИЙ СЛОВАРЬ

A argue ['a:gju:] v аргументировать;

abolish [e'bolij] v аннулировать; приводить доводы

отменять; упразднять assessment [e'sesmant] п оценка;

accused [e'kju:zd] п обвиняемый определение; reassessment п пе-

adjudicate [e'cfeudikeit] v судить, Р^^^^^р

выносить приговор attorney [e'teini] п поверенный;

alter ['o:lt9] v изменять(ся); вно- а^^^^'^' ^Р^^^

сить изменения j.

appeal [e'pi:l] п апелляция; апелляционная

жалоба; обращение; barrister ['baenste] п адвокат; бар-