IV. Сделайте предложения отрицательными и вопросительными:

1. I can see him there. 2. We must go there at once. 3. Discovering the ration decidendi of a case is often difficult but it may involve the separation of the relevant and irrelevant parts of a judgement. 4. You may take this case. 5. I can imagine how angry he is. 6. You must talk to the criminal.

V. Подчеркните модальные глаголы и их эквиваленты. Предложения переведите:

1. You ought to have another opinion. 2. Judges must be independent of the parties. 3. It cannot be true. 4. I had to do it yesterday. 5. You should do it now. 6. We were to meet our shareholders at the entrance of the office at a quarter to eight. 7. I shall have to take the people in the hall, as usual. 8. Some years ago a fraud trial had to be abolished. 9. You should be more careful. 10. I might get a nice reward. 11. Why couldn’t you do it yourself? 12. The defense can challenge jurors. 13. If the defendant pleads not guilty, the prosecution must establish his guilt by means of oral evidence. 14. You ought to help him; he is in trouble. 15. Why do I have to do everything? 16. He must have been writing a letter when I came. 17. At your age you ought to be earning your living. 18. Is he to arrive tomorrow?

VI. Переведите, обращая внимание на разные функции глагола to be. Глагол to be подчеркните:

How are they to know that you are here? 2. In silence the defenсe was finished. 3. The laws of many European countries were developing on the basis of Roman law. 4. They were thus introduced by my chief. 5. When I returned to town the prison was still being built.6. I never talk while I am working. 10. She is to say nothing of this to anybody. 11. The jury is still discussing the verdict. 12. The courts are interpreters of the law. 13. They are in the police. 14. What are you crying for? 15. You were to arrive yesterday. 16. You have been a good deal talked about.

VII. Переведите, обращая внимание на разные функции глагола to have:

1. Each country of the world has it’s own system of law. 2. I am a little frightened for I have lost my way. 3. Have you ever spoken about punishing the offender? 4. In each city had it’s own law. 5. I’d like to have a look at that expert. 7. The Napoleon Code has influenced the laws of many countries in America. 8. French public law has never been codified. 9. The Athenians did not consider if necessary to have legal experts for non-criminal cases. 10. Have you a message for me, Polly? 11. What have they done? 12. She had read much in several languages, and she could give legal advice to her client.

VIII. Переведите текст, выписав слова юридической тематики.

THE HISTORY OF INSTITUTIONAL CORRECTIONS

Imprisonment as a punishment was rarely used before the end of the Middle Ages. Before then, most of the Western world was dominated by the notion that prisons should be used to contain people, not to punish them. It was the Dutch who in the mid-sixteenth century constructed the first prisons to be used for the purpose of "correcting" wrongdoers in "work houses."

The Workhouse Movement

Amsterdam built one workhouse (tuchthuis, literally "house of compulsory ref­ormation") for men and one for women. The men ground wood into sawdust; the women spun yarn. Two purposes were foremost in the minds of the reformers who created the workhouses: Useful labor was more humane and less degrading than barbaric punishments, and it was also more beneficial for the common good to put offenders to work. (See the Criminal Justice in Action box.)

The English, with their close commercial and intellectual ties to Holland, es­tablished their first workhouse at about the same time at the old Bridewell Castle in London. Many other Bridewells were subsequently opened in England.

As social scientists George Rusche and Otto Kirchheimer have demonstrated, the profit motive always played a significant role in devising punishments; witness the Romans who put prisoners to work in mines and rowing on galleys.

Early houses of correction did not replace other punishments entirely. Brutal public executions, a mark of the Middle Ages, continued to exist. Persons sen­tenced to death were hanged, burned at the stake, drawn and quartered, disem­boweled, boiled, broken on the wheel, stoned to death, impaled, drowned, pressed to death in spiked containers, and torn by red-hot tongs. Noncapital punishments were also marked by extreme cruelty: Prisoners were branded, dis­membered, flogged, and tortured by specially designed instruments. By those standards, the Dutch and English houses of correction were humane alterna­tives.

During the reign of Queen Elizabeth I (1558-1603), the English began to ex­periment with additional forms of punishment which the Queen characterized as "more merciful." In 1598, galley slavery (the ancient Roman punishment) was introduced. Slave galleys were also maintained by France, Spain, Denmark, and other European countries well into the eighteenth century. Conditions on the galleys were anything but merciful. Chained to crowded benches, exposed to all kinds of weather, whipped by brutal overseers, and fed on harsh rations, gal­ley slaves often welcomed death. Nor did the Bridewells measure up to expecta­tions. Designed to accommodate, "repress," and reform "the idle and sturdy vag­abond and common strumpet," they could not handle the armies of social failures assigned to them. Soon these institutions turned into overcrowded slave-labor camps in which convict labor contributed to the wealth of the rulers of the countries.

To deal with the overflow of prisoners, the English introduced prison hulks, decommissioned and deteriorated warships that were converted into prisons, most of which were docked in the River Thames. By the 1840s, the British gov­ernment had about twelve hulks that housed up to 4,000 inmates. These hulks were overcrowded, unsanitary places of confinement, with high death rates due to communicable diseases. When prison ships were used during times of war

American War of Independence, Civil War, World War II) and emergency

Northern Ireland), these terrible conditions led the world to outlaw imprison­ment on ships for prisoners of war—but not for convicts.10 Recently, in fact, New York City has commissioned a fleet of five ships to house convicts.

England (and France) devised yet another form of punishment that was im­portant to the development of the New World. In the eighteenth century, English convicts were sentenced to be "transported" to the colonies. Virginia, Georgia, and other southern colonies received many convicts who labored to develop towns and plantations. After the American colonies won their independence, England transported convicts to Australia."