Unit 16

• Ex. I. Scan through the text. Restore the word order in the questions that follow and answer them.

Sociological theories.[Sociology is the scientific study of so­cieties and the behaviour of people in groups.] Sociologists have proposed a variety of theories that explain criminal behav­iour. One such theory, known as differential association, pro­posed that criminal behaviour is learned behaviour, that is, the more the individual is exposed to contact with persons whose own behaviour is unlawful, the more likely he is to learn and adopt their values as the basis for his own behaviour. The the­ory of anomie (normlessness) suggested that criminality is a result of the offender's inability to attain by socially acceptable means the goals that society expects of him. Anomy, in socie­ties or individuals, is a condition of instability resulting from a breakdown of standards and values or from a lack of purpose or ideals. When a social system is in a state of anomie, common values and common meanings are no longer understood or ac­cepted, and new values and meanings have not developed. Such a society produces, in many of its members, psychological states characterized by a sense of futility, lack of purpose, and emotional emptiness and despair. Striving is considered useless, because there is no accepted definition of what is desirable. Control theory emphasizes the links between the offender and his social group—the individual's bond to society. According to this theory, the ability of the individual to resist the inclination to commit crime—which may be an easy way to satisfy a par­ticular desire—depends on the strength of his attachment to parents and his commitment to orthodox moral values that pro­hibit the conduct in question. Labeling theory, by contrast, por­trays criminality as a product of the reaction of society to the individual, rather than of his own inclinations and personality. It assumes that the criminal is not substantially different from any other individual, except that he has become involved in the processes of the criminal justice system and has acquired a “criminal” identity. Through a process of rejection by law- abiding persons and acceptance by other delinquents, the of­fender becomes more and more socialized into criminal behav­iour patterns and estranged from law-abiding behaviour. Even­tually he comes to see himself cast by society into the role of a criminal.

Sociology [sausi'Dladsi] - социология; sociological [sausia'bdsilol] - социологический; sociologist [sausi’Dladsist] - социолог; differential [difa'ren/al] - отличительный; association [asausi'eijanl - связь; learn [1э:п] - научиться; expose [iks'pauzl - подвергать; adopt [s'dspt] - перенимать; attain [a'tein] - достигнуть; acceptable [sk'septsbl] - приемлемый; psychological [saika'bd3ikal] - психологический; futility [fju:'tiliti] - тщетность; striving - старания; стремления; bond - связь, узы; resist [ri'zist] - противостоять; inclination [inkli'nei/эп] - склонность; attachment [a'taet/mant] - привя­занность; commitment [ka'mitmant] - обязательство; ortho­dox ['3:00dDksj - общепринятый; labelling ['leibaliq] - снаб­жениепродуктаэтикеткой; маркировка; assume - предпола­гать; criminal justice –уголовноесудопроизводство; acquire [a'kwaia] - приобретать; criminal identity –личностьпре­ступника; rejection [п^зек/эп] - непринятие; delinquent [di'lirjkwant] - правонарушитель; socialize [’saujslaiz] - под­готавливатькжизнив; estrange [is'treind3l - отдалять; even­tually [I'vent/uali] –вконцеконцов; cast [ka:st] - бросать; anomalous [э'пэтэ1эз] - неправильный, аномальный, ненормальный; insanity [in'saeniti] - умопомешательство.

1. Who a variety of theories that explain criminal behaviour proposed? 2) What theory that criminal proposed behaviour is learned behaviour? 3) What this theory does mean? 4) What theory that criminality is a result of the offender's inability to attain by socially acceptable means the goals that society ex­pects of him suggested? 5) What a condition of instability might result from? 6) What when a social system is in a state of ano­mie happens? 7) What such a society produce in many of its members might? 8) Why is considered striving useless?

8. What theory the links between the offender and his social group emphasizes? 10) What this does theory run about?

6. What theory criminality as a product of the reaction of soci­ety to the portrays individual? 12) What this theory assume does? 13) Through what process the offender does become more socialized into criminal behaviour? 14) Who cast by soci­ety into the role of a is criminal?

• Ex. II. Agree or disagree with the following statements.

1) Biology is the scientific study of societies and the behaviour of people. 2) Amateurs have proposed a lot of theories that ex­plain criminal behaviour. 3) Differential association theory pro­poses nothing new. 4) The more the individual is exposed to contact with persons whose own behaviour is unlawful, the less likely he is to learn and adopt their values as the basis for his own behaviour. 5) The theory of anomie speaks of the of­fender's inability to attain his goals. 6) Common values and common meanings are no longer understood or accepted by the offender. 7) A sense of failure, lack of balance, and emotional insanity characterize anomalous society. 8) Striving is consid­ered useful, because it is clear what is desirable.

• Ex. III. Restore the word order in the following statements.

1. Control theory the links between the offender and his social group emphasizes. 2) The ability depends of the individual to resist the inclination to commit crime on the strength of his at­tachment to parents and his commitment to orthodox moral val­ues. 3) To commit crime be an easy way to satisfy a particular desire may. 4) Labeling theory criminality as a product of the reaction of society to the individual portrays. 5) Law-abiding persons the offender reject. 6) Other delinquents the offender accept. 7) The offender socialized into criminal behaviour pat­terns becomes. 8) The offender estranged from law-abiding be­haviour becomes. 9) The offender to see himself cast by society into the role of a criminal comes.

• Ex. IV. Translate the following words and phrases from Russian into English.

Неуравновешенность; эмоциональное расстройство; созна­ние неудачи; социология; социологический; социолог; от­личительный; связь; подвергать; перенимать; достигнуть; психологический; тщетность; стремления; противостоять; склонность; привязанность; обязательство; общепринятый; предполагать; уголовное судопроизводство; приобретать; личность преступника; непринятие; правонарушитель; от­далять; аномальный; умопомешательство; подготавливать к жизни в; приемлемый.

• Ex. V. Complete the following statements.

1. Sociology is ... 2) Sociologists have proposed ... 3) Differ­ential association theory proposes... 4) The more the individual is exposed to ... 5) The theory of anomie suggests ... 6) Anomy in societies is ... 7) Anomy in individuals is ... 8) When a so­cial system is in a state of anomie ... common values and com­mon meanings are no longer understood or accepted. 9) Ano­malous society produces ... 10) Striving is considered ...

2. Control theory emphasizes ... 12) The ability of the indi­vidual to resist the inclination to commit crime depends on ...

13. To commit crime may be ... 14) Labeling theory portrays ... 15) Labeling theory assumes ... 16) Law-abiding persons reject ... 17) Other delinquents accept ... 18) The offender be­comes socialized into ... 19) The offender becomes estranged rom ... 20) The offender comes to see himself ...■1

• Ex: VI. Choose one topic to speak about a) differential association theory; b) anomie theory; c) control theory; d) labeling theory. Re­tell the text Sociological theories.

UNIT 17

• Ex. I. Scan through the text. Restore the word order in the questions that follow and answer them.

Psychological theories.Behaviour theory views all behav­iour—criminal and otherwise—as learned and thus manipulable by the use of punishment. Social learning theory examines the manner in which behaviour is learned from contacts within the family and other intimate groups (close personal friends, for example), from social contacts outside the family, particularly from peer groups. Peer group is a group of people, especially young people of the same age, social class etc as yourself. Peer pressure is a strong feeling that you must do the same things as other people of your age if you want them to like you. Teenag­ers, for example, often start smoking because of peer pressure. Social learning theory states that behaviour is learned from ex­posure to models of behaviour in the media, particularly televi­sion. Mental illness (affecting the mind or happening in the mind) is the cause of a relatively small proportion of crimes, but its importance as a causative factor may be exaggerated by the seriousness of some of the crimes committed by persons with mental disorders. Severe depression or psychopathy, sometimes described as sociopathy, may lead to grave offenses of violence. [Depression is a feeling of sadness that makes you think there is no hope for the future. Psychopath is someone who has a seri­ous and permanent mental illness that makes them behave in a violent or criminal way. Sociopath is someone whose behaviour towards other people is considered unacceptable, strange, and possibly dangerous.] On a less serious level, depression may lead to theft or other uncharacteristic (not typical of someone or something and therefore surprising) behaviour.

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Psychological [sailo'bd3ilol] - психологический; learn - научиться; peer [pia] - ровня; exposure [iks'p9U3a] - под­вергание; media [mi:dia] –средствамассовойинформации; causative [’kD.zativ] - причинный; exaggerate [ig'zaed39reit] - преувеличивать; psychopathy [’saiksupaeGi] - психопатия; psychopath ['saikaupasQ] - психопат; sociopath ['seuf iapaeQj.

1) What theory all behaviour as learned views? 2) What social learning theory does examine? 3) What is by the term “peer group” meant? 4) What is by the term “peer pressure” meant?

5. What social learning theory state does? 6) What the cause of a relatively small proportion of crimes is? 7) Where psychopa­thy may lead? 8) What is by the term “depression” meant?

8. What is by the term “psychopath” meant? 10) What meant is by the term “sociopath”? 11) What may to theft or other un­characteristic behaviour lead?

• Ex. II. Agree or disagree with the following statements.

1) Behaviourism is the belief that the scientific study of the mind should be based only on people's behaviour, not on what they say about their thoughts and feelings. 2) To manipulate means to make someone think and behave exactly as you want them to, by skilfully deceiving them or influencing them.

3. Peer group is a group of people, especially young people of blue blood. 4) Peer pressure is a strong feeling that you must not do the same things as other people of your age if you want them to like you. 5) Teenagers often start smoking because of pressure of work. 6) Depression is a feeling of joy that makes you think there is hope for the future. 7) Sociopath is someone who has a serious and permanent mental illness that makes them behave in a violent or criminal way. 8) Psychopath is someone whose behaviour towards other people is considered unacceptable, strange, and possibly dangerous.

• Ex. III. Restore the word order in the following statements.

1) Behaviour theory criminal behaviour as learned and thus ma- nipulable by the use of punishment views. 2) Social learning theory that criminal behaviour might be states learned from contacts within the family and other intimate groups. 3) Social learning theory that criminal behaviour might be learned from peer groups states. 4) Social learning theory that behaviour is learned states from exposure to models of behaviour in the me­dia. 5) Mental illness the cause of a relatively small proportion of crimes is. 6) Psychopathy lead to grave offenses of violence may. 7) Depression may to theft or other uncharacteristic behaviour lead.

• Ex. IV. Translate the following words and phrases from Russian into English.

Аристократического происхождения; интимный; нехарак­терный; манипулировать; загруженность работой; преступ­ное поведение; психическая болезнь; кража; депрессия; психологический; научиться; ровня; тяжкое преступление; причинный; психопатия; подвергание; средства массовой информации; психопат; применение наказания; контакты внутри семьи; модели поведения; насилие.

• Ex. V. Complete the following statements.

1) Behaviour theory views ... 2) Social learning theory exam­ines ... 3) Mental illness is the cause of ... 4) Psychopathy may lead ... 5) Depression may lead ... 6) Psychopath is ...

2. Sociopath is ...

• Ex. VI. Choose one topic to speak about a) behaviour theory; b) social learning theory; c) mental disorders and criminality. Retell the text Psychological theories.

UNIT 18

• Ex. I. Scan through the text. Restore the word order in the questions that follow and answer them.

Marxist theories.Marxism is the system of political thinking invented by Karl Marx, which explains changes in history as the result of a struggle between social classes. In accordance with Marxist theories crime is viewed as a product of class society, of exploitative systems founded upon the institution of private property. [Exploitative means treating people unfairly to get money or an advantage.] Because the socialist system is consid­ered by its proponents as incapable of producing crime, a num­ber of specific sources of criminal activity have been suggested: (1) external enemies and remnants of the overthrown reaction­ary classes who infiltrate the country with spies and foreign- inspired sabotage; (2) remains of the old society, such as gang­sters and hooligans, who refuse to reform; (3) lingering aspects of bourgeois ideology that prize profit-seeking, cunning, self­ishness, and decadence and thus encourage crime; and (4) the poverty and cultural backwardness that is seen as the legacy of the old society. The Cultural Revolution (1966-76) in China has also been cited as a cause of crime; it is said to have con­fused notions of right and wrong and to have destroyed respect for authority. [An action that is right is morally correct. Wrong is not morally right or acceptable.] Crime is ultimately to be eliminated by thought reform and by education.

Exploitative [ik'spbitativ] - эксплуататорский; proponent [pra'paunant] - сторонник; remnants ['remnants] - пере­житки; infiltrate ['infiltreit] - проникать; foreign-inspired sabotage ['saebata:3] –диверсияпоподстрекательствуиззаграницы; reform - исправляться; lingering ['liqgarin] - затяжной; bourgeois [’bua3wa:] - буржуазный; prize [praiz] –высокоценить; profit-seeking –погонязанаживой; cunning ['кдщг)] - хитрость, коварство; selfishness ['selfiJnis] -эгоизм; decadence [’dekadans] - упадок; backwardness ['baekwadnis] - отсталость; legacy [’legasi] - наследство; cite [sait] - ссылаться; confuse [k9n'fju:z] - смешивать; no­tion ['пэи/эп] - понятие; ultimately [’Altimitli] –вконцеконцов; eliminate [1'limineit] - уничтожать; thought [0D:t] - продуманный.

1) What the system of political thinking invented by Karl Marx is? 2) What Marxism does explain? 3) What is as a product of class society in accordance with Marxist theories viewed?

3. What systems are upon the institution of private property founded? 5) Is the socialist system by its proponents as incapa­ble of producing crime considered? 6) What specific sources of criminal activity in accordance with Marxist theories are?

5. What also cited as a cause of crime in China was?

• Ex. II. Agree or disagree with the following statements.

1) Capitalism is a system of political beliefs and principles whose main aims are that everyone should have an equal oppor­tunity to share wealth and that industries should be owned by the government. 2) Communism is a political system in which the government controls the production of all food and goods, and which has no different social classes. 3) Socialism is a sys­tem of production and trade based on property and wealth being owned privately, with only a small amount of industrial activity by the government. 4) Sabotage means to make someone have a particular feeling or react in a particular way. 5) To inspire is damage that has been done deliberately to equipment, vehicles etc in order to prevent an enemy or opponent from using them.

5. Hooligan is a member of a violent group of criminals. 7) Gangster is a noisy violent person who causes trouble by fight­ing etc. 8) Someone who is selfish is good at deceiving people in order to get what they want. 9) Someone who is cunning is caring only about himself and not about other people. 10) Decadence is the state of having low moral standards and being more concerned with pleasure than with serious matters.

• Ex. III. Restore the word order in the following statements.

1) Marxism the system of political thinking invented by Karl Marx is. 2) Marxism changes in history as the result of a strug­gle between social classes explains. 3) Crime as a product of class society is viewed. 4) Crime as a product of private prop­erty is viewed. 5) Socialist system as incapable of producing crime is considered. 6) External enemies the country with spies infiltrate. 7) Remnants produce of the overthrown reactionary classes sabotage. 8) Remains refuse of the old society to reform.

9. Bourgeois ideology profit-seeking and selfishness prizes.

10. Bourgeois encourages ideology crime. 11) The poverty and cultural backwardness seen as the legacy of the old society is.

6. Crime ultimately to be eliminated by education is.

• Ex. IV. Translate the following words and phrases from Russian into English.

Погоня за наживой; эксплуататорские системы; частная собственность; эксплуататорский; сторонник; пережитки свергнутых реакционных классов; проникать в страну; ди­версия по подстрекательству из-за границы; исправляться; затяжной; буржуазная идеология; высоко ценить; погоня за наживой; коварство; эгоизм; упадок; отсталость; наследст­во; ссылаться; смешивать понятия справедливости и не­справедливости; в конце концов; уничтожать преступность; продуманная реформа.

• Ex. V. Complete the following statements.

1) Crime is viewed as ... 2) Exploitative systems are founded upon ... 3) Socialist system is considered as ... 4) External enemies infiltrate ... 5) Gangsters and hooligans refuse ...

5. Bourgeois ideology prizes ... and encourages ... 7) Poverty is seen as ... 8) Crime is ultimately ...

• Ex. VI. Choose one topic to speak about a) crime and its Marxist interpretation; b) the first specific source of criminal activity; c) the second specific source of criminal activity; d) the third specific source of criminal activity; e) the fourth specific source of criminal activity. Retell the text Marxist theories.

CHAPTER V

DETECTION OF CRIME

UNIT 19

• Ex. I. Scan through the text. Restore the word order in the questions that follow and answer them.

Crime detection and its phases/in most countries the detec­tion of crime is the responsibility of the police, although special law enforcement agencies may be responsible for the discovery of particular types of crime. Customs departments, for instance, may be responsible for the detection of smuggling and related offenses;.-Crime detection falls into three distinguishable phases: the discovery that a crime has been committed, the identifica­tion of a suspect, and the collection of sufficient evidence to indict the suspect before the court. [To indict means to officially charge someone with a criminal offence.] Criminologists have shown that many crimes are discovered by persons, such as vic­tims or witnesses, other than the police, but certain types—in particular crimes that may involve a subject's assent, such as dealing in drugs or prostitution, or those in which there may be no identifiable victim, such as obscenity—are often not discov­ered unless the police take active steps to determine whether these crimes are being committed. [Obscenity is sexually offen­sive language or behaviour.] This may require controversial methods, such as surveillance, interception of communications, infiltration of gangs, and entrapment, for example, by making a purchase from a suspected drug dealer. [Surveillance is the act of carefully watching a person or place because they may be connected with criminal activities. To infiltrate means to se-cretly join an organization or enter a place in order to find out information about them or harm them. Entrapment is the prac­tice of trapping someone by tricking them, especially to show that they are guilty of a crime.]

Crime detection - расследование / раскрытиепреступле­ния; law enforcement agency –правоприменяющийорган; органюстиции; полицейскийорган; related - связанный; distinguishable [dis'tiqgwi/abl] - отличимый; identification of suspect –опознаниеподозреваемого; sufficient evi­dence –достаточноедоказательство; indict [in'dait] –предъявлятьобвинение; report - сообщать; subject's as­sent [a'sent] –согласиесубъекта; identifiable –могущийбытьидентифицированным, могущийбытьопознанным; obscenity [ab'seniti] - непристойность, непристойноепо­ведение; controversial [lontra'vaijal] - спорный; surveillance [ss:'veilans] - наблюдение; interception Iinta:'sepjan] - пе­рехват; подслушивание; intercept [ints:"sept] - перехва­тить; infiltration [infil'treijэп] - проникновение; entrapment –провокацияпреступлениясцельюегоизобличения; entrap [in'traep] –пойматьвловушку.

1) Whose responsibility the detection of crime in most countries is? 2) What phases crime detection does fall into? 3) When crimes are discovered by persons? 4) What crimes exclusively by the police are discovered? 5) What methods to determine whether crimes are being committed might be required?

• Ex. II. Agree or disagree with the following statements.

1. The detection of crime is the responsibility of victims or wit­nesses. 2) Legislative departments may be responsible for the detection of smuggling. 3) Crime detection includes television advertising. 4) Crime detection includes the identification of a victim. 5) Crime detection includes the collection of rumours to indict the suspect before the court. 6) Crime detection includes the act of carefully watching a person or place because they may be connected with criminal activities. 7) Crime detection does not include the practice of trapping someone by tricking him or her.

• Ex. III. Restore the word order in the following statements.

1. The detection of crime the responsibility of the police is.

2. Special law enforcement agencies responsible for the discov­ery of particular types of crime may be. 3) Customs depart­ments responsible for the detection of may be smuggling.

4. Crime detection the discovery that a crime has been includes committed. 5) Crime detection the identification includes of a suspect. 6) Crime detection the collection of evidence to indict the suspect before the includes court. 7) Many crimes are by victims and witnesses discovered.

• Ex. IV. Translate the following words and phrases from Russian into English.

Раскрытие преступления; ответственность; правоприме­няющий орган; таможня; контрабанда; правонарушение; совершить преступление; опознание подозреваемого; сви­детельское показание; предъявлять обвинение; жертва; свидетель; согласие; наркотик; могущий быть опознанным; непристойное поведение; установить виновность; наблю­дение; подслушивание; проникновение; провокация пре­ступления с целью его изобличения; поймать в ловушку; покупка; подозреваемый; слухи; реклама средствами теле­видения.

• Ex. V. Complete the following statements.

1) The detection of crime is ... 2) Special law enforcement agencies may be ... 3) Crime detection falls ... 4) Criminolo­gists have shown ... 5) The police should use ... to determine whether crimes are being committed.

Ex. VI. Choose one topic to speak about crime detection: a) its law enforcement agencies; b) its phases; c) its methods. Retell the text Crime detection and its phases.

UNIT 20

• Ex. I. Scan through the text. Restore the word order in the questions that follow and answer them.

Suspect identification by fingerprints. Forensic science plays an important part in the investigation of serious crimes. One of the first significant developments was identification by finger­prints. [Identification is an act of identifying by official papers or cards, such as your passport, that prove who you are. To identify means to recognize and correctly name someone or something. Fingerprint is a mark made by the pattern of lines at the end of a person's finger, which can be used by the police to help find criminals.] It was discovered in the 19th century that almost any contact between a finger and a surface left a latent mark. [Something that is latent is present but hiddei^, and may develop or become more noticeable in the future.] (t was ac­cepted in 1893 that no two individuals had the same finger­prints. Fingerprint evidence was accepted for the first time in an English court in 1902. Fingerprinting is now widely used as a means of identifying criminals. Most major police forces main­tain collections of fingerprints taken from known criminals at the time of their conviction, for use in identifying these indi­viduals should they commit later crimes. [Conviction is a deci­sion in a court of law that someone is guilty of a crime.] Finger­prints found at the scene of the crime are matched with finger­prints in the collection. According to the British standard, if the sets of fingerprints share at least 16 characteristics, it is consid­ered that they are from t same person.Forensic [fa'rensik] - судебный; investigation - расследова­ние, дознание; identification [aidentifi'kei/an] - установ­лениеличности; pattern [’paetsn] - рисунок; surface - по­верхность; latent ['leitant] - скрытый, латентный; finger­printevidence –отпечаткипальцевкакдоказательство; fingerprinting - дактилоскопия; maintain [mein'tein] - хра­нить; conviction - осуждение, судимость; crimescene - ме­стосовершенияпреступления; match –подбиратьподпа­ру; clue [klu:] - улика; identifyingwitness - понятой.

1) What an important part in the investigation of serious crimes plays? 2) What one of the first significant developments was?

3. What in the 19th century was discovered? 4) What accepted in 1893 was? 5) What accepted was in 1902? 6) What now widely used as a means of identifying criminals is? 7) What do maintain most major police forces? 8) Why do most major po­lice forces collections maintain of fingerprints? 9) What finger­prints with fingerprints in the collection are matched? 10) What the British standard of fingerprints is?

• Ex. II. Agree or disagree with the following statements.

1) Political science plays an important part in the investigation of serious crimes. 2) Any contact between a finger and a surface leaves a noticeable mark. 3) Criminals have the same finger­prints. 4) Fingerprint evidence was accepted in 1893. 5) Finger­printing is used as a means of identifying victims. 6) Finger­prints are taken from known witnesses at the time of their con­viction. 7) Fingerprints found in the collection are matched with fingerprints at the scene of the crime. 8) Identification by fin­gerprints helps find identifying witnesses. 9) Clue is an object or piece of information that helps someone solve a crime or mystery.

• Ex. III. Restore the word order in the following statements.

1) Forensic science an important part in the investigation of se­rious plays crimes. 2) Any contact between a finger and a sur­face a latent leaves mark. 3) No two individuals the same fin­gerprints have. 4) Fingerprint accepted evidence was in 1902.

4. Fingerprinting is as a means of identifying used criminals.

5. Fingerprints are from known criminals at the time of their taken conviction. 7) Fingerprints found matched at the scene of the crime are with fingerprints in the collection. 8) Identification helps by fingerprints find criminals.

• Ex. IV. Translate the following words and phrases from Russian into English.

Судебный; улика; дознание; установление личности; поня­той; латентный; отпечатки пальцев как доказательство; дактилоскопия; судимость; место совершения преступле­ния; устанавливать личность.

• Ex. V. Complete the following statements.

1) Forensic science plays ... 2) Fingerprints found at the scene of the crime are ... 3) One of the first significant developments was ... 4) If the sets of fingerprints share ... 5) It was discov­ered in the 19th century that ... 6) It was accepted in 1893 that ...7) Most major police forces maintain ... 8) Fingerprint evi­dence was accepted ... 9) Fingerprinting is now widely used as...

• Ex. VI. Choose one topic to speak about identification by finger­prints: a) its history of discovery; b) its usage. Retell the text Sus­pect identification by fingerprints.

• Ex. I. Scan through the text. Restore the word order in the questions that follow and answer them.

Scientific techniques to identify suspects.A broad range of other scientific techniques is available to law enforcement agencies attempting to identify suspects or to establish beyond doubt the connection between a suspect and the crime in ques­tion. Examples include the analysis of bloodstains and traces of other body fluids, such as semen or spittle, that may indicate some of the characteristics of the offender. Threads can be ana­lyzed by microscopy or chemical analysis to show, for instance, that threads found on the victim or at the scene of the crime are similar to those in the clothing of the suspect. Hair samples can be compared chemically and genetically to those of the suspect. Many inorganic substances, such as glass, paper, and paint, can bring considerable information under chemical analysis. Ex­amination of a document in question may reveal it to be a for­gery. Examination of a fragment of glass may help to identify the kind of automobile involved in an accident. Computer al­lows investigators to create the necessary data bases. The method (modus operandi) by which an offense was committed may also help to identify the suspect, as many offenders repeat­edly commit offenses in much the same way. The burglar's method of entry into the house, the type of property stolen, or the kind of deception practiced on the victim of a fraud may all suggest to the police who is responsible for the crime. Visual identification of a stranger by the victim is often possible, but experience has shown that such identifications are often mis­taken and have frequently led to miscarriages of justice. If the victim or witness believes that he can recognize the offender, the police may show him an album containing photographs of a large number of known criminals, in the hope that one can be

picked out. A suspect identified in this way is usually asked to take part in a lineup, in which the witness is asked to pick the suspect out of a group of people with similar characteristics.

Techniques [tek'ni:ks] - методы; analysis [a’naelisis], pi. analyses [si:z] - анализ; blood stains [bkd steinz] –пятнакрови; fluid ['flu:id] - жидкость; semen [’si:men] - сперма; spittle [’spitl] - слюна; threads [Gredz] - нитки; microscopy [mai'knskapi] - микроскопия; sample ['sa:mpll - образец; genetically [d3a'netikli] - генетически; anorganic [inDi'gaenik] - неорганический; paint - краска; forgery [’fa:d3ari] - под­делка; data [’deita] base –базаданных; modus operandi –способсовершенияпреступления, почеркпреступника, модусоперандипреступника; repeatedly [ri'pi:tidli] - не­однократно; burglar - вор-взломщик; deception [di'sep/an] - обман; practice upon - применять; fraud [fn:d] - мошенни­чество; all - всёэто; visual [’visual] - визуальный; identifi­cation - опознание; установлениеличности; stranger - незнакомец; miscarriage [mis’kserids] of justice –судебнаяошибка; recognize - узнать; pick out - выбирать; lineup identification –идентификацияличностипутемопознания; line up –статьвочередь; evidence of criminality - доказа­тельствасовершенияпреступления, улики.

1. What analyses and traces some of the characteristics of the offender may indicate? 2) What the analysis of threads can show? 3) Can hair samples genetically to those of the suspect be compared? 4) What inorganic substances considerable informa­tion under chemical analysis can bring? 5) Examination reveal it to be a forgery of a document may, mayn’t it? 6) What to identify the kind of automobile involved in an accident may help? 7) What computer does allow investigators to do? 8) Why modus operandi also may help to identify the suspect? 9) What

to the police who is responsible for the crime may suggest?

10. What identification frequently to miscarriages of justice leads? 11) What to be done if the victim or witness believes that he can recognize the offender is?

• Ex. II. Agree or disagree with the following statements.

1) Modus operandi is a way of doing something that is typical of one person or group. 2) Examination of a document may re­veal it to be original. 3) Examination of a fragment of bumper may help to identify the kind of automobile involved in an acci­dent. 4) Rumours allow investigators to create the necessary data bases. 5) The method by which an offense was committed can hardly help to identify the suspect. 6) Offenders differ radi­cally from each other in commission of offence. 7) The bur­glar's method of entry into the house is to suggest to the police who is responsible for the crime. 8) The type of property stolen may not suggest to the police who is responsible for the crime.

9. The kind of bluff practiced on the victim of a fraud may sug­gest to the police who is responsible for the crime. 10) Visual identification of a stranger by the victim is always true.

10. Visual identification of a newcomer by the victim leads to miscarriages of justice.

• Ex. III. Restore the word order in the following statements.

1) Scientific techniques identify suspects help. 2) Scientific techniques beyond doubt the connection between establish sus­pects and crimes. 3) The analysis of bloodstains the characteris­tics of the offender indicates. 4) The analysis of threads that threads found on the victim are similar to those in the clothing of the suspect shows. 5) The analysis of threads that threads found at the scene of the crime are similar to those in the cloth­ing of the suspect shows. 6) Hair samples can be chemically and genetically to those of the suspect compared. 7) The analysis brings of inorganic substances considerable information about the suspect.

• Ex. IV. Translate the following words and phrases from Russian into English.

Улики; правонарушитель; пятна крови; жертва; преступле­ние; микроскопия; место совершения преступления; вне сомнения; подделка; подозреваемый; база данных; почерк преступника; вор-взломщик; обман; применять; мошенни­чество; визуальный; установление личности; незнакомец; судебная ошибка; узнать; выбирать; идентификация лично­сти путем опознания; идентифицировать.

• Ex. V. Complete the following statements.

1. The analysis of bloodstains may indicate ... 2) The analysis of body fluids may indicate ... 3) The analysis of threads may show ... 4) Hair samples can be compared ... 5) Many inor­ganic substances can bring ... 6) Examination of a document may reveal ... 7) Examination of a fragment of glass may help ...8) Computer allows ... 9) Modus operandi may ... 10) Many offenders repeatedly commit ... 11) The burglar's method of entry into the house may suggest ... 12) Visual identifications are often ... 13) If the victim believes that he can recognize the offender, the police may ... 14) A suspect is usually asked to take part in ...

• Ex. VI. Choose one topic to speak about evidence of criminality:

1. body fluids; b) threads and hair samples; с) inorganic sub­stances; d) modus operandi; e) visual identification. Retell the text Scientific techniques to identify suspects.

• Ex. I. Scan through the text. Restore the word order in the questions that follow and answer them.

Gathering evidence.The identification of the suspect is not the final stage of the process: it is essential that the investigating agency gather sufficient legally admissible evidence to con­vince the judge or jury that the suspect is guilty. In order to se­cure the necessary evidence, the police employ a variety of powers and procedures; because these potentially involve inter­ference with the freedom of the suspect, who must at this stage be treated as an innocent person, they are normally subject to close control either by legislation or by the courts. One impor­tant procedure is a search of the suspect or of premises or vehi­cles. Most jurisdictions allow a search to be carried out only if there is “reasonable ground for suspecting” that the evidence will be found. In some cases a person may be stopped on the street and searched. In this instance, the police officer is to iden­tify himself and state the reasons for the search. A search of private premises usually requires a search warrant issued, by a magistrate or judge. The law generally permits a search warrant to be issued only if the issuing authority is satisfied after hear­ing evidence on oath that there is good reason to suspect that the evidence will be found on the premises. The warrant may be subject to time limits and normally permits only one search to be carried out. In most countries the judge or magistrate who issues the warrant must be told of the outcome of the search. Material seized as a result of a search under the authority of a search warrant is usually detained by the police for production as exhibits at any subsequent trial. Evidence discovered as a result of any search that does not comply with the procedures laid down by the law is not admitted in the trial, even though it clearly establishes the guilt of the accused person, and even though the suppression of the evidence may prevent the convic­tion of a person who is plainly guilty. This rule, known as the exclusionary rule, is a matter of dispute in many English- speaking countries.

Evidence - доказательство, улика; investigating agency –следственныйорган; admissible evidence - показание, до­пустимоевкачестведоказательствавсуде; convince - убедить; potentially [рэЧеп/эМ:] - потенциально; subject ['sAbd3ikt] - подчиненный; legislation [Ied3is'leiJэп] - за­конодательство; закон; premises ['premisiz] - помещение, дом; jurisdiction [dsuaris'dikjan] –судебнаяпрактика; in this instance –вэтомслучае; search warrant [’wDrant] - ор­дернаобыск; evidence on oath [эи0] –показанияподпри­сягой; outcome - результат; seize [si:z] - захватывать; de­tain [di'tein] - задерживать; production - предъявление; exhibits [ig'zibits] –вещественныедоказательства; sub­sequent ['sAbsikwant] - последующий; comply [kam'plai] with - соответствовать; procedure laid down - установлен­наяпроцедура; establish the guilt –доказатьвину; sup­press [sa'pres] evidence –утаитьдоказательство; conviction [kan'vik/an] - осуждение, приговор; plainly [’pleinli] - от­кровенно; exclusionary rule [iks'klu^anari ru:l] –правилообисключениииздоказательств; identifying witness - понятой; good reason –достаточноеоснование.

1. What the investigating agency do to convince the judge that the suspect is guilty should? 2) What to be is done in order to secure the necessary evidence? 3) What involve interference with the freedom of the might suspect? 4) What the police nor­mally subject to are? 5) One is important procedure a search of the suspect, isn't it? 6) When most jurisdictions allow a search to be do carried out? 7) What be done in some cases might?

8. Should identify the police officer himself and state the rea­sons for the search? 9) What required is to carry out a search of private premises? 10) Who usually a search warrant issues?

2. When the law does generally permit a search warrant to be issued? 12) May the warrant subject to time limits be? 13) Who must of the outcome of the search be told? 14) What usually detained by the police for production as exhibits is at any trial?

15. What not admitted in the trial is? 16) What rule a matter of dispute in many jurisdictions is?

• Ex. II. Agree or disagree with the following statements.

1) The police must gather evidence to convince the judge that the suspect is innocent. 2) Gathering evidence doesn’t involve interference with the freedom of the suspect. 3) The suspect must be treated as a guilty person at the stage of gathering evi­dence. 4) The police must not be subject to close control by legislation at the stage of gathering evidence. 5) Jurisdictions don’t allow a search to be carried if there is reasonable ground for suspecting that the evidence will not be found. 6) The police officer must not identify himself and state the reasons for the search. 7) A search of private premises usually requires identi­fying witnesses. 8) The law permits a search warrant to be is­sued only if there is good reason to suspect that the offender will be found on the premises. 9) The warrant normally permits only two searches to be carried out. 10) The judge who issues the warrant must not be told of the result of the search. 11) The police for production as exhibits at any subsequent trial usually detain material seized as a result of a search under the authority of a search warrant. 12) Evidence discovered as a result of legal search is not admitted in the trial. 13) Evidence that clearly es­tablishes the guilt of the accused person but discovered as a re­sult of illegal search is admitted in the trial. 14) The suppression of the evidence may prevent the conviction of a person who is plainly innocent.

• Ex. III. Restore the word order in the following statements.

1. The investigating agency to gather sufficient legally admis­sible evidence to convince the judge or jury that the suspect is is guilty. 2) To secure involves the necessary evidence potentially interference with the freedom of the suspect. 3) The suspect treated as an innocent person at the stage of gathering evidence must be. 4) The police subject to close control either by legisla­tion or by the courts at the stage of gathering evidence must be.

5. Jurisdictions a search to be carried out allow only if there is reasonable ground for suspecting that the evidence will be found. 6) A person stopped on the street and searched may be.

4. The police officer to identify himself and state the reasons for the search is. 8) A search of private premises usually a search warrant issued by a magistrate or judge requires. 9) The law generally a search warrant to be issued only if the issuing authority is satisfied after hearing evidence on oath that there is good reason to suspect that the evidence will be found on the premises permits. 10) The warrant subject to time limits may be. 11) The warrant normally only one search to be carried out permits. 12) The judge or magistrate who issues the warrant of the outcome of the search must be told. 13) Material seized as a result of a search under the authority of a search warrant usually detained by the police for production as exhibits at any subse­quent trial is. 14) Evidence discovered as a result of illegal search in the trial is not admitted. 15) Evidence that clearly es­tablishes the guilt of the accused person but discovered as a re­sult of illegal search in the trial is not admitted. 16) The sup­pression of the evidence the conviction of a person who is plainly guilty may prevent.

• Ex. IV. Translate the following words and phrases from Russian into English.

Спорный вопрос; улика; показание, допустимое в качестве доказательства в суде; убедить; выдать ордер; подчинен­ный; законодательство; судебная практика; ордер на обыск; показания под присягой; результат; захватывать; задержи­вать; предъявление; вещественные доказательства; после­дующий; соответствовать; установленная процедура; дока­зать вину; утаить доказательство; приговор; откровенно; правило об исключении из доказательств; следственный орган; незаконный обыск.

• Ex. V. Complete the following statements.

1. The investigating agency is to gather ... 2) To secure the necessary evidence potentially involves ... 3) The suspect must be treated as ... 4) The police must be subject to ... 5) Jurisdic­tions allow a search to be ... 6) A person may be stopped ...

7. The police officer is to identify ... 8) A search of private premises usually requires ... 9) The law generally permits a search warrant to be ... 10) The warrant may be subject to ...

2. The warrant normally permits ... 12) The judge or magis­trate who issues ... must be told of ... 13) Material seized as ... is usually detained by ... 14) Evidence discovered as a result of ... is not admitted in ... 15) Evidence that clearly establishes ... is not admitted in ... 16) The suppression of the evidence may prevent...

• Ex. VI. Choose one topic to speak about a) a search of the suspect; b) a search of private premises; c) legal and illegal search; d) ex­clusionary rule. Retell the text Gathering evidence.

• Ex. I. Scan through the text. Restore the word order in the questions that follow and answer them.

Interrogation and confession.The interrogation of suspected persons is an important aspect of the investigation of offenses. Usually the aim of the questioning is to obtain an admission of the offense that will lead eventually to a plea of guilty and avoid, the need for a contested trial. All English-language countries place restrictions on the methods of interrogation in order to ensure that suspects are not coerced into confessions by unac­ceptable means. In the United States any suspect who is being interrogated in custody must be offered the services of a lawyer, at the expense of the state if he cannot afford to pay, and failure to advise the suspect of this right results in the rejection of a confession as evidence. English law follows the same general principle, that a person suspected or accused of a criminal of­fense is not at any stage in the process of investigation or trial obliged to answer any question or to give evidence. For many years the law relating to confessions in England consisted of a simple rule prohibiting the admission as evidence at trial of any involuntary statement made by an accused person. The investi­gating police officer is to administer to the suspect a caution that he was not obliged to answer any question and that any­thing he did say might be given in evidence at his trial. This caution was required to be given at the beginning of any period of interrogation and immediately before the suspect began to make a statement or confession. Failure to give the caution at the right time or in the right form did not necessarily mean that the statement would be excluded from evidence, but it did give the trial judge the discretion to exclude the evidence if he con­sidered it just to do so. A confession by an accused person may be admitted in evidence provided that the court is satisfied that the confession was not obtained by oppression of the person who made it. Oppression is defined to include torture, inhuman or degrading treatment, and the use or threat of violence.

Interrogation [in'tera'gei/an] - допрос; confession [kan'fejan] - признание; admission of offence –признаниевсоверше­ниипреступления; eventually [iVentJuali] –вконечномсчете; plea [pli:] of guilty –заявлениеподсудимогоопри­знаниивины; contested trial –состязательныйпроцесс; re­strictions [ris'trikjanz] - ограничения; coerce [kau'a:s] - принуждать; in custody ['kAStadi] –содержащийсяподстражей; failure [’feilja] - неисполнение; rejection [ri'djek/an] - отказ; involuntary [in'vDlantari] statement –недоброволь­ноезаявление; administer a caution ['кэ:/ап] –делатьпре­достережение; make a statement –сделатьзаявление; dis­cretion [dis'kre/an] - усмотрение; admit in evidence допуститьвкачестведоказательства; oppression [a'pre J an] - притеснение; torture ['D:t/a] - пытка; inhuman [in'hju:man] - бесчеловечный; degrade [di'greid] - унижать; treatment [’tri:tmant] - обращение.

What an important aspect of the investigation of offenses is?

1. What the aim of the questioning is? 3) What done in order to ensure that suspects are not is to be coerced into confessions by unacceptable means? 4) Who be offered the services of a lawyer must? 5) What in the rejection of a confession as evidence re­sults? 6) Is to answer any question or to give evidence a person suspected of a criminal offense obliged? 7) What the law relat­ing to confessions in England did consist of? 8) What the inves­tigating police officer administer to the suspect should?

8. When this caution was required to be given? 10) What the trial judge the discretion to exclude the evidence gave?

11. When a confession by an accused person be may admitted in evidence? 12) What oppression defined to include is?

• Ex. II. Agree or disagree with the following statements.

1. The aim of the questioning is to offend suspect’s sense of justice. 2) Admission of offence leads to freedom. 3) Plea of guilty leads to a contested trial. 4) Restrictions are not to be placed on the methods of interrogation. 5) Any suspect must not be offered the services of a lawyer. 6) The services of a lawyer must be offered at the expense of the suspect. 7) Failure to ad­vise the suspect of his right to be offered the services of a law­yer does not result in the rejection of a confession as evidence.

7. A person suspected of a criminal offense is obliged to answer any question. 9) A person accused of a criminal offense is obliged to give evidence. 10) The admission as evidence at trial of any involuntary statement made by an accused person is al­lowed. 11) The interrogator doesn’t caution the suspect that he is not obliged to answer any question. 12) The interrogator doesn’t caution the suspect that anything he says might be given in evidence at his trial. 13) This caution is required to be given at the end of any period of interrogation. 14) This caution is required to be given immediately after the suspect begins to make a statement or confession. 15) Failure to give the caution at the right time necessarily means that the statement will be excluded from evidence. 16) Failure to give the caution in the right form doesn’t give the trial judge the discretion to exclude the evidence if he considers it just to do so. 17) A confession by an accused person must be admitted in evidence even if it was obtained by oppression of the person. 18) Oppression does not include the use or threat of violence.

• Ex. III. Restore the word order in the following statements.

1. Interrogation to obtain an admission of the offense is.

2. Admission of offence to a plea of guilty leads. 3) Plea of guilty the need for a contested trial leads to avoid. 4) Restric­tions to are be placed on the methods of interrogation. 5) Any suspect be offered the services of a lawyer must. 6) The services of a lawyer must be at the expense of the state offered. 7) Fail­ure results to advise the suspect of his right to be offered the services of a lawyer in the rejection of a confession as evidence.

4. A person suspected of a criminal offense obliged is not to answer any question. 9) A person obliged accused of a criminal offense is not to give evidence. 10) The admission is as evi­dence at trial of any involuntary statement made by an accused person strictly prohibited. 11) The interrogator the suspect that he is not obliged to answer any question cautions. 12) The inter­rogator the suspect that anything he says might be given in evi­dence at his trial cautions. 13) This caution is to be given at the beginning of any period of interrogation required. 14) This cau­tion is to be given required immediately before the suspect be­gins to make a statement or confession. 15) Failure mean to give the caution at the right time or in the right form does not necessarily that the statement will be excluded from evidence.

15. Failure gives to give the caution at the right time or in the right form the trial judge the discretion to exclude the evidence if he considers it just to do so. 17) A confession by an accused person may be in evidence provided that the court is admitted satisfied that the confession was not obtained by oppression of the person who made it. 18) Oppression is to include the use or threat of violence defined.

• Ex. IV. Translate the following words and phrases from Russian into English.

Допрос; признание; отказ; недобровольное заявление; де­лать предостережение; сделать заявление; усмотрение; до­пустить в качестве доказательства; притеснение; пытка; бесчеловечный; унижать; признание в совершении престу­пления; заявление подсудимого о признании вины; состяза­тельный процесс; ограничения; принуждать; содержащийся под стражей; неисполнение; обращение; оскорбить чувство справедливости.

• Ex. V. Complete the following statements.

1) The interrogation of suspected persons is ... 2) The aim of the questioning is ... 3) Admission of offence leads to ...

1. Plea of guilty leads to avoid ... 5) Restrictions are to be placed on the methods of interrogation in order to ... 6) Any suspect who is being interrogated in custody must be ... 7) The services of a lawyer must be offered at ... 8) Failure to advise the suspect of his right to be offered the services of a lawyer results in ... 9) A person suspected of a criminal offense is not obliged ... 10) A person accused of a criminal offense is not obliged ... 11) The admission as evidence ... is strictly prohib­ited. 12) The investigating police officer is to administer ...

13. This caution is required to be given at... 14) This caution is required to be given immediately before ... 15) Failure to give the caution does not necessarily mean that ... 16) Failure to give the caution does give ... 17) A confession by an accused person may be admitted in evidence provided that ... 18) Op­pression is defined to include ...

Ex. VI. Choose one topic to speak about a) aims and methods of inter­rogation; b) the suspect and the services of a lawyer; c) the suspect and his obligation; d) interrogator and his caution; e) the suspect and his confession. Retell the text Interrogation and confession.

CHAPTER VI

CRIMINAL PROCEDURE

UNIT 24 1

• Ex. I. Scan through the text. Restore the word order in the questions that follow and answer them.

Criminal procedure in England.All criminal cases brought to trial in England begin in the magistrates' court. Magistrates' court is the lowest court of law, which deals with less serious crimes, such as, minor traffic violations, public-health nui­sances, petty theft or assault. There are several hundred such courts in England and Wales. The police investigation is nor­mally completed by the time the case comes before the magis­trates' court for the first time. The magistrates themselves are for the most part laypeople (usually unpaid) chosen for their experience and knowledge of society. All are appointed by the central government on the advice of a committee, known as the Lord Lieutenant's Advisory Committee, for the particular county in which they are to sit. Magistrates, who are required to sit on an average of at least 14 days each year, develop consid­erable experience in their work, but they cannot be considered professionals. In large cities there are professional, legally qualified magistrates, known as stipendiary magistrates. The stipendiary magistrate can sit on his own, but lay magistrates may sit only as a bench of two or more. Lay magistrates are permanently attended by a legally qualified clerk to advise them on matters of law. Law clerk is also responsible for the adminis­trative functions of the court. The system of lay magistrates has existed in England and Wales since about 1360. The limit of sentence imposed by a magistrates' court is six months impris­onment or a fine not to exceed £400. Appeals from a magistrates' court go to the High Court or the Crown Court. The mag­istrates' court also sits as a juvenile court hearing cases involv­ing care of children under 14 and dealing with children aged 14-17 with the exception, in both age groups, of homicide cases.

Magistrate [’maedsistreit.-strit] –мировойсудья; minor [’mains] - мелкий; nuisance ['nju:sns] –нарушениепокоя, вред; assault - нападение; lay [lei] - непрофессиональный; Lord Lieutenant –главныймировойсудьяграфства; advi­sory committee –консультативныйкомитет; stipendiary [stai'pendiari] - оплачиваемый; attend - обслуживать; ex­ceed [ik'si.d] - превышать; juvenile [’dsuivinail] - несовершеннолетний; homicide [’hpmisaid] - убийство.

1) Where begin do all criminal cases in England? 2) What cases magistrates' court does deal with? 3) When the police investiga­tion normally is completed? 4) Who the magistrates themselves are? 5) Who and how is by the central government appointed? 6) Do magistrates considerable experience in their work de­velop? 7) Can magistrates considered professionals be? 8) Who stipendiary magistrates are? 9) How the stipendiary magistrate can sit? 10) How lay magistrates may sit? 11) Why lay magis­trates permanently are attended by a legally qualified clerk? 12) Who responsible for the administrative functions of the court is? 13) What the limit of sentence imposed by a magistrates' court is? 14) Where appeals from a magistrates' court do go? 15) What the magistrates' court do as a juvenile court does?

• Ex. II. Agree or disagree with the following statements.

1) Magistrates' court is the highest court of law. 2) Magistrates’ court deals with serious crimes. 3) Magistrates are chosen for their legal education. 4) The local government appoints magis­trates. 5) Magistrates can be considered professionals. 6) Sti­pendiary magistrates are permanently attended by a legally qualified clerk to advise them on matters of law. 7) Lay magis­trates can sit on their own.

• Ex. III. Restore the word order in the following statements.

1. Magistrates' court the lowest court of law is. 2) Magistrates' court with less serious crimes deals. 3) Magistrates are for their experience chosen. 4) Magistrates are by the central govern­ment appointed. 5) Magistrates cannot be professionals consi­dered. 6) Stipendiary are magistrates legally qualified. 7) Law clerk responsible for the administrative functions of the court is.

• Ex. IV. Translate the following words and phrases from Russian into English.

Мировой судья; главный мировой судья графства; консуль­тативный комитет; оплачиваемый; обслуживать; нападе­ние; непрофессиональный; судебное разбирательство; на­рушение; мелкая кража; полицейское расследование; пре­вышать; несовершеннолетний; мелкий; нарушение покоя; не получающий платы; назначать; жизненный опыт; секре­тарь суда; приговор; налагать; суд по делам несовершенно­летних; убийство.

• Ex. V. Complete the following statements.

1. All criminal cases begin ... 2) Magistrates' court is ... deals with ... 3) The police investigation is completed ... 4) The magistrates themselves are ... 5) Magistrates are appointed ... 6) Magistrates are required to sit ... 7) Magistrates develop ... but they cannot ... 8) Stipendiary magistrates are ... 9) The sti­pendiary magistrate can sit ... 10) Lay magistrates may sit ...

2. Lay magistrates are attended ... 12)... is responsible for the administrative functions of the court. 13) The limit of sentence imposed by a magistrates' court is ... 14) Appeals from a magis­trates' court go ... 15) The magistrates' court also sits as ...UNIT 25 I

• Ex. I. Scan through the text. Restore the word order in the questions that follow and answer them.

Criminal procedure in the United States follows a pattern derived from English traditions and principles, but with many variations. The lay magistrates play an insignificant role, if any, in the U.S. system, and the prosecutor (the district attorney) is a key courtroom figure. He determines the charges, which in turn may well determine whether the accused appears before a lower court (dealing with misdemeanours) or a higher court (dealing with felonies). The accused is offered bail in almost every case, but he is not released unless he is able to deposit with the court a certain sum, often posted on his behalf by a bailsman who charges a proportion of the amount of the bail. [Bail is money left with a court of law to prove that a prisoner will return when their trial.]-The role of the examining magistrates in English criminal procedure may be played in the United States by the grand jury whose task it is to examine the evidence produced by the prosecutor and, if warranted, to return an indictment. [In­dictment is an official written statement charging someone with a, criminal offence.] The deliberations and proceedings before the grand jury are normally conducted in private. When the case is brought before the trial court, it is often settled on the basis of a plea bargain made between the prosecutor and the defense lawyer, by which the accused pleads guilty to some of the charges and the prosecutor recommends a sentence that has been agreed upon beforehand. [Plea bargaining is the practice of agreeing to admit in a court that one is guilty of a small crime, in exchange for not being charged with a more serious crime.]

Procedure [ргэ'БЫзэ] - процедура; misdemeanour [misdi'mi:na] –судебнонаказуемыйпроступок; felony ['felani] - фелония (категориятяжкихпреступлений, постепениопасностинаходящаясямеждугосударственнойизменойимисди­минором); bail [beil] –передачанапоруки; залог; on behalf of –отименикого-либо; bailsman ['beilzman] -поручитель; charge [t/a:d3] - назначать; grand jury –большоеследствен­ноежюри (коллегияиз 12-23 присяжных, решающаявопросопреданииобвиняемогосуду); examine [ig'zaBmin] - расследовать (всуде); warrant [\логэт] - подтверждать; return an indictment [in'daitmant] –выноситьобвинительныйакт; deliberations - обсуждения; proceedings [pra'shdiqz] –процессуальныедействия; in private –призакрытыхдверях; settle - урегулировать; plea bargain [pli: ’ba:gin] –сделкаопризнаниивины (внаименеетяжкомизвменяемыхобвинениемпреступлений); plead guilty [pli:d ’gilti] –признатьсебявиновным.

1. What role the lay magistrates do play in the U.S. system?

2. Who a key courtroom figure in the U.S. system is? 3) What the prosecutor does determine? 4) What whether the accused appears before a lower court or a higher court determines?

2. What the accused is offered? 6) What meant is by the term “bail”? 7) What the task of the grand jury is? 8) What meant is by the term “indictment”? 9) What normally conducted in pri­vate is? 10) On the basis of what the case often settled when it is is brought before the trial court? 11) What meant by the term is “plea bargain”?

• Ex. II. Agree or disagree with the following statements.

1. The lay magistrates play a significant role in the U.S. system.

2. The prosecutor is a figure of fun in the U.S. system. 3) The prosecutor does not determine the charges. 4) The prosecutor determines whether the accused appears before a lower court or a higher court. 5) Lower court deals with felonies. 6) Higher court deals with misdemeanours. 7) The accused is never of­fered bail. 8) The accused is released when he deposits with the court a certain sum. 9) Bail is money left with a court of law to prove that a prisoner will not return when their trial starts. 10) The task of the grand jury is to accord with prosecution.

11. The grand jury returns an indictment if the evidence pro­duced by the prosecutor is not warranted. 12) Indictment is an official written statement charging someone with a civil of­fence. 13) The deliberations and proceedings before the prose­cutor are conducted in private. 14) The case is often settled on the basis of a plea bargain made between the grand jury and the defense lawyer. 15) Plea bargain is the practice of agreeing to admit in a court that one is guilty of a serious crime, in ex­change for not being charged with a small crime.

• Ex. III. Restore the word order in the following statements.

1) The lay magistrates an insignificant role play. 2) The prose­cutor a key courtroom figure is. 3) The prosecutor the charges determines. 4) The charges whether the accused appears before a lower court or a higher court determine. 5) Lower court with misdemeanours deals. 6) Higher court with felonies deals. 7) The accused is bail in every case offered. 8) The accused isn’t unless he is able to deposit with the court a certain sum re­leased. 9) Bail money is left with a court of law to prove that a prisoner will return when their trial starts. 10) The task of the grand jury to examine the evidence produced by the is prosecu­tor. 11) The grand jury an indictment if the evidence produced by the prosecutor is returns warranted. 12) Indictment an offi­cial written statement charging someone with a criminal is of­fence. 13) The deliberations and proceedings before the grand jury are in private conducted. 14) The case is often on the basis of a plea bargain made between the prosecutor and the defense lawyer settled. 15) Plea bargain the practice of agreeing to ad­mit in a court that one is is guilty of a small crime, in exchange for not being charged with a more serious crime.Ex. IV. Translate the following words and phrases from Russian into English.

Нижестоящий суд; мисдиминор; фелония; передача на по­руки; залог; большое следственное жюри; расследовать в суде; подтверждать; выносить обвинительный акт; обсуж­дения; процессуальные действия; при закрытых дверях; урегулировать; сделка о признании вины; признать себя виновным; предмет насмешек; вышестоящий суд; поручи­тель; процедура; согласиться с доводами обвинения.

• Ex. V. Complete the following statements.

1) The lay magistrates play ... 2) The prosecutor is ... 3) The prosecutor determines ... 4) The charges determine ... 5) Lower court deals with ... 6) Higher court deals with ... 7) The ac­cused is offered ... 8) The accused isn’t released unless ...

4. Bail is ... 10) The task of the grand jury is ... 11) The grand jury returns ... 12) Indictment is ... 13) The deliberations and proceedings before the grand jury are conducted in ... 14) The case is often settled on the basis of ... 15) Plea bargain is t...

• Ex. VI. Choose one topic to speak about a) prosecutor's role; b) the accused and his bail; c) grand jury’s functions; d) plea bargain. Re­tell the text Criminal procedure in the United States.

CHAPTER VII

LEGAL PROFESSION

UNIT 26

• Ex. I. Scan through the text. Restore the word order in the questions that follow and answer them.

* *

Court and its people.Court is a building or room where all the information concerning a crime is given so that it can be judged. A court is a complex institution whose functioning depends upon many people: not only the judge but also the parties, their lawyers, witnesses, clerks, bailiffs, probation officers, adminis-' trators, and many others, including, in certain types of cases, jurors. jParty is one of the persons or sides in a legal dispute. Lawyer is someone whose job is to advise people about laws, write formal agreements, or represent people in court. Witness .is someone who sees a Crime and can describe what happened. Clerk is an official in charge of the records of a court. Bailiff is an official of the legal system who watches prisoners and keeps order in a court of law.<Probation officer is someone whose job is to watch, advise, and help people who have broken the law and are on probation.\Probation is a system that allows some criminals not to go to prison, if they behave well and see a pro­bation officer regularly, for a fixed period of time. Juror is a member of a jury. Jury is a group of 12 ordinary people who listen tO'details of a case in court and decide whether someone is guilty or 110ЦNevertheless, the central figure in any court is the judge. Judge is the official with authority to hear and decide how criminals should be punished. Judges vary enormously, not only from nation to nation but often within a single nation. For

example, ;a rural justice of the peace in the United States— untrained in the law, serving part-time, sitting alone in work clothes in a makeshift (made for temporary use) courtroom, col­lecting small fees or receiving a pittance for salary: iHe bears little resemblance to a justice of the Supreme Court of the United States—^ full-time, well-paid, black-robed professional, assisted by law clerks and secretaries, sitting in a marble palace with eight colleagues and deciding at the highest appellate level only questions of national importance. Yet both persons are judges.

Clerk [kla:k / к1з:гк] –секретарьсуда; bailiff [’beilif] - су­дебныйпристав: probationofficer - чиновник, надзираю­щийзалицами, направленнымисудомнапробацию; pro­bation - пробация, опека (видусловногоосуждения); nev-

ertheless [neva5a'les] –темнеменее; publicofficer - пуб­личноедолжностноелицо; rural ['ruaral] justiceofthepeace –сельскиймировойсудья; part-time –занятыйне­полныйрабочийдень; makeshift ['meik/ift] - временный; fee [fi:l - гонорар; pittance ['pitsns] forsalary - скудноежалованье/; appellate [a'pelit] - апелляционный.

1) What i^c_; by the term “court” meant? 2) A court a complex institution is, isn’t it? 3) Whose functioning upon judges, law­yers and jurors depends? 4) What meant is by the term “party”?

5. What is by the meant term “lawyer”? 6) Who a crime and can describe what happened sees? 7) Who in charge of the re­cords of a court is? 8) Who prisoners and keeps order in a court of law/ watches? 9) Whose job to watch, advise, is and help peoplei who have broken the law and are on probation? 10)\\fhat system criminals not to go to prison if they behave well plows? 11) Who to details of a case in court and decides whetmer someone is guilty or not listens. 12) What the central figure in any court is? 13) Whose authority to is hear and decide how, criminals should be punished? 14) What the difference be­tween a rural justice of the peace and a justice of the Supreme Coiirt jzff the United States is?

• Ex. II. Agree or disagree with the following statements.

1) Court is a room where all the information concerning an of­fence is given so that it can be judged. 2) Lawyer is one of the persons or sides in a legal dispute. 3) Party is someone whose job is to advise people about laws, write formal agreements, or represent people in court. 4) Clerk is someone who sees a crime and can describe what happened. 5) Witness is an official in charge of the records of a court. 6) Probation officer is an offi­cial of the legal system who watches prisoners and keeps order in a court of law. 7) Bailiff is someone whose job is to watch, advise, and help people who have broken the law and are on probation. 8) Judge is a system that allows some criminals not to go to prison, if they behave well and see a probation officer regularly, for a fixed period of time. 9) Jury is a member of a jury. 10) Juror is a group of 12 ordinary people who listen to details of a case in court and decide whether someone is guilty or not. 11) Probation is the official with authority to hear and decide how criminals should be punished.

• Ex. III. Restore the word order in the following statements.

1) Court is a a crime is given so that it can be judged building or room where all the information concerning. 2) Party is one in a legal dispute of the persons or sides. 3) Lawyer i's acVise people about laws, write formal agreements, or represent people in court someone whose job is to. 4) Witness is and can describe what happened someone who sees a crime. 5) Clerk is of a court an official in charge of the records. 6) Bailiff is an official of prisoners and keeps order in a court of law the legal system who watches. 7) Probation officer is someone whose job is have broken the law and are on probation to watch, advise, and help people who. 8) Probation is a not to go to prison, if they behave well and see a probation officer regularly, for a fixed per^:od of time system that allows some criminals. 9) Juror of a jury is a member. 10) Jury is a group of 12 ordinary people who listen to and decide whether someone is guilty or not details of a case in court. 11) Judge is the official decide how criminals shoulid be punished with authority to hear and.Ex. IV. Translate the following words and phrases from Russian into English.

Секретарь суда; свидетель; присяжный; сфера компетен­ции; судебный пристав; чиновник, надзирающий за лицами, направленными судом на пробацию; опека; публичное должностное лицо; сельский мировой судья; занятый не­полный рабочий день; необученный; наказывать; вознагра­ждение; скудное жалованье; временный; зал судебного за­седания; важность; мантия; апелляционный; иметь сходст­во; содействовать; варьировать; чрезвычайно.

• Ex. V. Complete the following statements.

1. Court is ... 2) A court is a complex institution whose func­tioning depends upon ... 3) Party is ... 4) Lawyer is ... 5) Wit­ness is ... 6) Clerk is ... 7) Bailiff is ... 8) Probation officer is ... 9) Probation is a system that... 10) Juror is ... 11) Jury is ...

11. The central figure in any court is ... 13) Judge is ... 14) A rural justice of the peace in the United States is ... 15) A justice of the Supreme Court of the United States is ...

• Ex. VI. Choose one topic to speak about a) people a court depends upon; b) a rural justice of the peace in the United States; c) a jus­tice of the Supreme Court of the United States. Retell the text Court and its people.

UNIT 27	1

• Ex. I. Scan through the text. Restore the word order in the questions that follow and answer them.

Solicitor is a type of practicing lawyer in Britain who gives ad­vice, does the necessary work when property is bought and sold, and defends people, especially in the lower courts of law. In general, a barrister undertakes no work except through a solici­tor, who prepares and delivers the client's instructions to a bar­rister. Solicitors confer with clients, draft documents, conduct negotiations, prepare cases for trial, and retain barristers for ad­vice on special matters or for advocacy before the higher courts. ,They have a right to act in all courts as the agents for litigation or representatives of their clients, but they may appear as advo­cates only in the lower courts. If one wants to make a will the b^st man to advise him is a solicitor. If one gets into trouble with the police one can ask a solicitor to help prepare his de­fence. The official organization of solicitors is the Law Society, a voluntary group, incorporated by Parliament. The Law Soci­ety has extensive authority in setting and enforcing standards for solicitors. The Law Society maintains a client-compensation fund to reduce and relieve losses sustained from dishonesty by solicitors.. The education required of a solicitor includes a law school course. Furthermore, To qualify as a solicitor one is to join a practicing solicitor as a “clerk” and to work for him (ap­prenticeship) for a period of five years (three years for univer­sity graduates) in order to pass the Law Society exams. Solici­tors must be British Commonwealth citizens, although there is no such requirement for the barrister. [The Commonwealth is an organization of about 50 countries that were once part of the British Empire.]

Solicitor [sa'lisita] - стряпчий; undertake –братьнасебяобязанность; confer [kan'fa:] - совещаться; draft - состав­лять; conduct negotiations –вестипереговоры; prepare a case for trial –подготовитьделокслушаниювсуде; retain - нанимать (адвоката); advocacy [’aedvakasi] - защита; higher court –вышестоящийсуд; agent [’eid3ant] –доверенноелицо; litigation - тяжба, судебныйпроцесс; advocate [’aedvekit] - адвокат; voluntarily [\olantari] - добровольно; incorporate [in’kp.pareit] - регистрировать; extensive [iks'tensiv] - обширный; setting - учреждение; enforce –проводитьвжизнь; sustain [sas'tein] - понести (ущерб, убыток); law school –юридическийфакультет; furthermore [’fa:6a'iTD:] –крометого; apprenticeship [a'prentijip] - ученичество; graduate ['graed^uit] - выпускник.

1. Who people in the lower courts of law in Britain defends?

2. Who and delivers the client's instructions to a barrister pre­pares? 3) Do confer solicitors with clients? 4) Solicitors don’t advice and draft documents give, do they? 5) Who negotiations and prepares cases for conducts trial? 6) Who barristers for ad­vice on special matters or for advocacy before the higher courts retains? 7) What right solicitors do have? 8) Where may appear solicitors as advocates? 9) Who the best man to make a will is? 10) What one can do if he gets into trouble with the police? 11) What about the official organization of solicitors is known? 12) Why the Law Society does maintain a client-compensation fund? 13) What one should do to be qualified as a solicitor? 14) Must be solicitors British Commonwealth citizens?

• Ex. II. Agree or disagree with the following statements.

9 Solicitor misadvises. 2*) Solicitor does the unnecessary work when property is bought and sold. >) Solicitor defends people in the higher courts of law. 4) A barrister undertakes work except through a solicitor. 5) Solicitor prepares and delivers the client's instructions to a judge. 6) Solicitors hold a consultation with clients. 7) Solicitors compose documents. 8) Solicitors carry on negotiations. 9) Solicitors prepare cases for lawsuit. 10) Barris­ters retain solicitors for advice on special matters. 11) Solicitors retain barristers for advocacy before the lower courts. 12) So­licitors act in all courts as the agents for litigation. 13) Solicitors don’t act in all courts as representatives of their clients. 14) So­licitors may appear as advocates only in the higher courts. 15) If one wants to make a will the best man to advise him is a barris­ter. 16) If one gets into trouble with the police one can ask a barrister to help prepare his defence.

• Ex. III. Restore the word order in the following statements.

1) Solicitor advice gives. 2) Solicitor the necessary work when property is bought and sold does. 3) Solicitor people in the lower courts of law defends. 4) A barrister no work except through a solicitor undertakes. 5) Solicitor and delivers the cli­ent's instructions to a barrister prepares. 6) Solicitors with cli­ents confer. 7) Solicitors documents draft. 8) Solicitors negotia­tions conduct. 9) Solicitors cases for trial prepare. 10) Solicitors barristers for advice on special matters retain. 11) Solicitors barristers for advocacy before the higher courts retain. 12) So­licitors a right to act in all courts as the agents for litigation have. 13) Solicitors a right to act in all courts as representatives of their clients have. 14) Solicitors may as advocates only in the lower courts appear. 15) If one to make a will the best man to advise him is a solicitor wants. 16) If one into trouble with the police one can ask a solicitor to help prepare his defence gets.

• Ex. IV. Translate the following words and phrases from Russian into English.

Стряпчий; советовать; доверенное лицо; собственность; тяжба; адвокат; покупать; регистрировать; обширный; уч­реждение; брать на себя обязанность; совещаться; состав­лять документ; вести переговоры; защищать; подготовить дело к слушанию в суде; нанимать адвоката; защита; выше­стоящий суд; проводить в жизнь; понести ущерб; судебный процесс; юридический факультет; ученичество; доставлять инструкции; составить завещание; попасть в беду; давать плохой совет.

• Ex. V. Complete the following statements.

1) Solicitors give ... 2) Solicitors do ... 3) Solicitors defend ... 4) Solicitors prepare and deliver ... 5) Solicitors confer ...

5. Solicitors draft ... 7) Solicitors conduct ... 8) Solicitors pre­pare cases ... 9) Solicitors retain ... 10) Solicitors have a right to act ... 11) Solicitors may appear as ... 12) If one wants to make a will ... 13) If one gets into trouble with the police ...

13. The official organization of solicitors is ... 15) The Law Society has ... 16) The Law Society maintains ... 17) The edu­cation required of a solicitor includes ... 18) To qualify as a solicitor one is... 19) Solicitors must be ...

• Ex. I. Scan through the text. Restore the word order in the questions that follow and answer them.

Barrister is one of the two types of practicing lawyers in Eng­land, the other being the solicitor. In general, barristers engage in advocacy (trial work) and solicitors in office work. Barristers are experts in the interpretation of the Law; Barristers are called in to advise on really difficult points. Only barristers (not solici­tors) may appear as advocates before the High Court. High Court is a court of law in Britain that is at a higher level than ordinary courts and that can be asked to change the decisions of a lower court. Barristers are rather untouchable figures. If you need one, you never see him without your solicitor being with him. To be a barrister it is necessary to be a member of one of the four Inns of Court in London. Inns of Court are four institu­tions of high antiquity that have historically been responsible for legal education. Inns of Court include Inner Temple, Middle Temple, Lincoln's Inn, and Gray’s Inn. A prospective barrister must pass some examinations established for the inns by the Council of Legal Education and must read law and serve his apprenticeship with a practicing barrister for not less than a year. A barrister is required to accept any case for a proper pro­fessional fee, regardless of his personal feelings. Barristers can­not carry 011 any other profession or business.

Barrister ['baerista] - барристер (адвокат, имеющийправовыступатьввысшихсудах); untouchable [лп'ш/эЫ] - не­доступный, недосягаемый; Inns of Court - СудебныеИнны (четыреанглийскиешколыподготовкибарристеров); Inner Temple - ВнутреннийТемпл; Middle Temple - Средний

Темпл; Lincoln's Inn - ЛинкольновскийИнн; Cray's Inn - Греев-скийИнн; high antiquity –глубокаядревность; legal educa­tion –юридическоеобразование; prospective [pras'pektiv] - бу­дущий; inn –постоялыйдвор; инн, школаподготовкибар­ристеров; read law –изучатьправо; serve one's apprentice­ship [a'prenti/ip] –проходитькурсученичества; proper - надлежащий; fee - гонорар.

1) What barristers do engage in generally? 2) What barristers experts in are? 3) What barristers are called in to advise on?

4. May appear barristers or solicitors as advocates before the High Court? 5) Barristers are rather untouchable, aren’t they figures? 6) What it is necessary to be a barrister? 7) What a pro­spective must barrister do? 8) What a barrister is required? 9) Can carry barristers on any other profession or business?

• Ex. II. Agree or disagree with the following statements.

1) Solicitors engage in advocacy. 2) Solicitors engage in trial work. 3) Barristers engage in office work. 4) Solicitors are ex­perts in the interpretation of the Law. 5) Barristers are called in to advise on really easy points. 6) Barristers must not appear as advocates before the High Court. 7) Solicitors can appear as advocates before the High Court. 8) High Court cannot change the decisions of a lower court. 9) Barristers are rather remote figures. ,10) A prospective barrister must pass his examinations with honours. 11) A prospective barrister must scrutinize law.

11. A prospective barrister must serve his apprenticeship with a practicing solicitor. 13) Barristers can carry on any other pro­fession or business.

Ex. III. Restore the word order in the following statements.

1) Barristers in advocacy engage. 2) Barristers in trial work en­gage. 3) Solicitors in office work engage. 4) Barristers experts in the interpretation of the Law are. 5) Barristers in to advise on really difficult points are called. 6) Barristers may as advocates before the High Court appear. 7) Solicitors as advocates before the High Court cannot appear. 8) High Court to change the deci­sions of a lower court can be asked. 9) Barristers rather untouch­able figures are. 10) A prospective barrister some examinations must pass. 11) A prospective barrister read law must. 12) A prospective serve barrister must his apprenticeship with a prac­ticing barrister. 13) Barristers cannot on any other profession or business carry.

• Ex. IV. Translate the following words and phrases from Russian into English.

Адвокат, имеющий право выступать в высших судах; прак­тикующий юрист; стряпчий; недосягаемый; выдержать эк­замен; юридическое образование; изучать право; проходить курс ученичества; гонорар; деятельность адвоката; судеб­ное разбирательство; эксперт; толкование; консультиро­вать; являться в суд; решение суда; школа подготовки бар­ристеров; действующий на расстоянии; отлично сдать эк­замены; внимательно изучать закон.

• Ex. V. Complete the following statements.

1) Barrister is ... 2) Barristers engage in ... 3) Solicitors engage in ... 4) Barristers are experts in ... 5) Barristers are called in ...

3. Barristers may appear as advocates before ... 7>Solicitors cannot appear as advocates before ... 8) High Court is ...

7. Barristers are rather ... 10) Without your solicitor you never see ... 11) To be a barrister it is necessary to be ... 12) A pro­spective barrister must pass ... 13) A prospective barrister must read ... 14) A prospective barrister must serve ... 15) A barrister is required to accept... 16) Banisters cannot carry on ...

• Ex. VI. Choose one topic to speak about barrister: a) his functions; b) his Inns of Court. Retell the text Barrister.