2.1. Arrest, trial, punishment

Task 1. Read the text and translate it in the written form.

Arrest, trial, punishment

Arrest and trial

'You are not obliged to say anything unless you wish to do so, but what you say will be put in writing and given in evidence. Do you understand?' A police officer

The police can arrest someone if they think s/he has done something serious (e.g. murder, rape or armed robbery) or if they suspect s/he is in­tending to commit a crime.

A police officer must explain to a person why s/he is being arrested. Then the person who is being arrested is "cautioned". The police officer says: ‘You don't have to say anything unless you wish to do so, but what you say may be given in evidence.’ The right of silence is a basic principle of British law and allows people to say nothing until they've talked to their solicitor.

After the arrest

'They'll give you a cigarette if you smoke and a cup of tea. And then they'll say, 'Right, we're going to have the interview now...' Peter Jones, a criminal

If you're arrested in the UK, you'll be taken to the nearest police station. You'll be searched, and, if you have to stay for some time, you'll be kept in a cell. You'll have an interview, which will be recorded on cassette or video. You can be held for 24 hours without being charged. During this time you're allowed to speak to your solicitor and tell someone you've been arrested. If you're prosecuted — if criminal charg­es are brought against you — your case will be heard in either a Magis­trates’ Court or Crown Court.

Serious crimes are taken to the Crown Court where there's a jury of around 12 people, picked from the general public. After hearing the case for the prosecution and the case for the defense the jury decides whether the accused is innocent or guilty.

The Magistrates Court tries less se­rious offences. Magistrates are usually trained members of the public. It's a principle of British law that you should be judged by people who are equal to you. However, most magis­trates are middle class and white and the people they judge are often not.

Does the system work?

The basic principle of British justice is that a person is "innocent until proved guilty". But people tend to make mis­takes. In 1974, Judith Ward was jailed for life for her part in an IRA bomb­ing campaign in England. The judge described her crimes as "heinous" — terrible. In fact, she was innocent. She confessed to crimes she couldn't have committed. She was suffering from a mental disorder, living in a world of fantasy. In 1992 she walked free — after serving 18 years in prison. Since her arrest, 17 other people have been imprisoned for the terrorist offences of others.

Going to prison

Anyone who is found guilty of a crime can be punished in several ways. They can be fined; they can be ordered to do community work, such as helping the handicapped and the old; they can be sent to "attendance centers" where they learn practical skills like cooking and car maintenance. Or they can be sent to prison.

The UK has a higher percentage of its population in prison than any EC country. Many of Britain's prisons were built over a hundred years ago. Prison cells which were designed for only one inmate are often shared by three or four. There's lack of washing and toilet facilities. Prisoners still have to "slop out" — empty their toilet pots in the morning. Conditions in prisons are often so bad that prisoners commit suicide.

The government is now planning to build new prisons. Privatized pris­ons — run by companies, not by the government — will provide more pris­on space. However, many people are against the idea of running prisons as business.

From "Britain Now"

Task 2. Answer the questions.

1. Why does a police officer have to "caution" the person who is being arrested?

2. Where are people taken if they're held or arrested? What do they do there?

3. Where can criminal cases be heard? Elaborate.

4. What are the alternative methods of punishment besides imprisonment?

5. What do you think about private prisons?

Task 3. Fill in the correct word derived from the word in brackets.

Bonnie and Clyde

In the days of the ____________ (depress) in America after 1929 these two young people had a great time ____________ (commit) ____________ (rob) and murders quite casually, just for fun. Bonnie was a ____________ (wait) when she met Clyde, and she ended up a ____________ (legend) figure known for her love of red dresses, cigars and ____________ (fire). Working in the ____________ (South) states of the USA they left behind a trail of ____________ (destroy). Huge rewards were offered for their ____________ (captive). Finally they were killed by the police in the ____________ (gun) in 1934.

Task 4. Use the right form of Gerund (with the appropriate preposition) or Infini­tive.

1. He was accused ____________ (to commit) a robbery.

2. He claims that he was made ____________ (to give) the false testimony.

3. He denied ____________ (to be involved) in that crime.

4. The police officer let the detained ____________ (to call) his solicitor.

5. The criminal was sentenced to 15 years ____________ (to murder) his wife.

6. He admitted ____________ (to be) at the scene of crime that night.

7. The prosecutor blamed the defendant ____________ (to tell) lies.

8. At the police station they made him ____________ (to confess) to that crime.

9. They postponed ____________ (to interrogate) the suspect till the next day.

10. As he had no experience ____________ (to steal) cars, the police quickly caught him.

Task 5. Fill in the gaps in the text with the appropriate word.

1. criminal

2. suspects

3. remand

4. custody

5. guilty

6. defendant

7. verdict

8. investigation

9. charge

10. bail

11. witnesses

12. committed

13. trial

14. arrest

15. victim

16. evidence

17. questioning

18. courtroom

19. innocent

20. jury

21. defense

22. police

23. prosecution

24. pleads

When a crime is (a) ____________, someone reports it to the (b) ____________. The police carry out an (c) ____________, and try to catch the (d) ____________. They interview the (e) ____________, and any (f) ____________. They collect (g) ____________, search buildings and hold any (h) ____________. When they have enough evi­dence, they (i) ____________ someone, and take them in for (j) ____________. The police hold them in (k) ____________ and question them. If the police think that the suspect is (l) ____________, they (m) ____________ them with the crime. Then the suspect is either kept on (n) ____________ or released on (o) ____________ until the (p) ____________.

The trial takes place in a (q) ____________ and the person who is on trial is called the (r) ____________. The defendant (s) ____________ either guilty or not guilty. S/he is represented by lawyers who try to prove that he or she is (t) ____________. These lawyers are known as the (u) ____________. The defense calls witnesses to give evidence. The (v) ____________ tries to prove that the defendant is guilty. They call witnesses who give evidence against him. The (w) ____________ listens to all the evidence and decides whether the defendant is guilty or not. After that they give their (x) ____________.

Task 6. Translate the dialogue into English.

— Почему подсудимый был оправдан?

— Он смог доказать свое алиби на суде. Против него было выдвинуто ложное обвинение.

— А во время суда он пользовался услугами адвоката?

— Да, он нанял очень хорошего адвоката по уголовным делам.

— Вы не знаете, почему свидетели дали ложные показания?

— Возможно, они сводили личные счеты, а может быть, на них подействовали угрозы настоящих преступников.

— А они будут привлечены к уголовной ответственности за это?

— Само собой разумеется.

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