Inality.

The answer to the serious problem of juvenile delinquency proF

posed by liberals is to divert youthful offenders away from damaging

effects of the justice system, especially those produced by confinement

facilities. Problem children should be treated through rehabilitating

programs. An expanded use of juvenile probation programs staffed by

caring, professional child care workers will reverse the harmful enviF

ronmental effects the delinquent youngsters have encountered in their

neighborhoods and families. In their liberal view, juveniles have been

treated badly by the law historically, and are entitled to the full proF

tection of due process and other Constitutional guarantees that are

the right of every citizen.

Notes

adolescent – підліток

to embolden – заохочувати

wrist slap – докоряти

in secure facilities – під охороною

privacy protection – захист конфіденційності

to deprive – обмежувати

to divert away from – вивести зFпід

Exercises

1) Answer the following questions:

1. What is the conservative point of view on lenient handling of juF

venile offenders?

2. Why is much crime committed by a relatively small number of juF

venile delinquents?

3. What is the conservative answer to the problem of juvenile delinF

quency?

4. What is the liberal view on juvenile delinquency?

5. What do Liberals point out?

6. What happens with a delinquent once arrested?

7. What escalates juvenile delinquents’ fall into criminality?

8. What is the answer to this problem proposed by liberals?

9. What will reverse the harmful environmental effects the delinF

quent youngsters have encountered in their neighborhoods and

families?

10. What is the right of every citizen?

Juvenile Delinquency and the Conservative and Liberal Crime Control Models

96 97

2) Give Ukrainian equivalents for the following words and expres"

sions:

lenient handling; juvenile offenders; adult criminality; juvenile

delinquents; seriousness of an offence; a normal adolescent adventurF

ism; serious crimes; to suffer the wrist slap; a lenient justice system;

to treat more harshly; detention; secure facilities; a serious treatment;

removal of privacy protections; a renewed commitment; the capital

punishment; a deterrent; to succeed legitimately; minor offences; to

be labeled delinquent; to incarcerate a juvenile; damaging effects;

rehabilitation programs; professional child care workers; harmful

environmental effects; guarantees.

3) Find in the text the English equivalents for the words and phras"

es below:

поводження; високий рівень; злочинність; неповнолітній

правопорушник; підліткова злочинність; молодіжний авантюF

ризм; тяжкий злочин; заохочувати; відбутися докорами; утриF

мувати м’якосерде потенційних правопорушників; утримання

під охороною; захист конфіденційності; основний підхід до

дисципліни; вірогідність; дорослий злочинець; обмежувані

емоційно; не мати можливості; незначні правопорушення;

вища міра покарання; вивести зFпід...; ув’язнення неповноF

літніх; програма реабілітації; шкідливі наслідки; повний захист;

конституційні гарантії.

4) Match the English phrases with their Ukrainian equivalents:

5) Complete the following sentences with the words from the box.

Translate these sentences.

away

of

out

in

for

as

to

away

from

through

1) Some juvenile delinquents believe they can get … with punishment

because … their age.

2) Conservatives point … that rates of juvenile crime has increased

… recent times.

3) Detention … delinquents … longer periods of time … secure faF

cilities will reduce the high rates of juvenile crime.

4) Once arrested a delinquent was treated … a criminal.

5) The arrest promoted poor selfFimage … the youthful delinquent.

6) The answer … this serious problem is to divert offenders … … damF

aging effects of their neighborhood.

7) Problem children should be treated … rehabilitation programs.

8) Juveniles are entitled … the full protection … due process and othF

er Constitutional guarantees.

1. handling of juvenile

offenders

1. неповнолітній

правопорушник

2. a juvenile delinquent 2. уникнути

3. to get away 3. cтавлення до

неповнолітніх

правопорушників

4. juvenile offences 4. злочинність

неповнолітніх

5. juvenile delinquency 5. утримання під охороною

6. adolescent adventurism 6. високий рівень

підліткової злочинності

7. to suffer the wrist slap 7. злочини, вчинені

неповнолітніми

правопорушниками

8. detention in secure

facilities

8. захист конфіденційності

9. privacy protection 9. молодіжний авантюризм

10. high rates of juvenile crime 10. відбутися докорами

11. capital punishment 11. вища міра покарання

12. minor offences 12. незначні правопорушення

13. Damaging effects 13. шкідливий вплив

Unit 18 Juvenile Delinquency and the Conservative and Liberal Crime Control Models

98 99

6) Complete the following text by translating the words and expres"

sions in brackets:

The sad fact is that (молодь) – teenagers and those even youngF

er – can and do commit (ті самі види злочинів) as adults. HomiF

cides, assaults, (згвалтування, пограбування), burglaries – are

found in juvenile as well as adult (кримінальні суди). Indeed,

(значний відсоток) of the total (кримінальної діяльності) reported

in the official measures of crime involve (підлітків). The official arF

rest data show that (участь неповнолітніх у злочинах) is great. PerF

sons (у віці від 12 до 19) have the highest rate per 1000 of those who

are (жертви) of (пограбувань, розбійних нападів та згвалтувань).

7) Find in the text words that mean:

• Young person, youth,

• Antisocial or illegal behavior by children or adolescents,

• Person between puberty and adulthood,

• Having attained maturity, fully grown.

8) Find arguments for and against the conservative and liberal points

of view as to juvenile delinquency and crime control models.

In the discussion use the following forms of agreement and disagree"

ment:

• I quite agree with you,

• You are right,

• Certainly,

• That’s right,

• I disagree with you,

• I am afraid you are mistaken,

• Nonsense,

• Nothing of the kind.

9) Express your opinions using the words given:

F I think that ..

F In my opinion ..

F To my mind ..

F If you ask me …

Unit 19

Pretrial Detention

Jails, Prisons and Lockups

The jail may be the most misunderstood institution in the crimiF

nal justice system. »Jail and prison are often thought of as synonymous

terms by citizens who use them interchangeably (e.g. He was senF

tenced to 5 years in jail).

Even those who should know betterF newspaper columnists and

politicians – confuse these terms.

Prisons – are state or federal institutions for the confinement of

sentenced felons who have at least 1 year to serve; jails are local county

or city institutions for the temporary detention of persons awaiting

indictment, arraignment, trial or sentencing and for person, serving

shortFtime misdemeanant sentences (less than a year). In some cases

jails also hold material witnesses – that is, witnesses to a crime who

might flee or move away before the trial if they are not detained – as

well as parole violators awaiting return to prison.

Virtually, every city, county and town in the United States has a

facility for the confinement of arrested persons and the incarceration

of misdemeanants. Village or town jails often consist of now more than

a few cells for locking up six to eight persons. On the other hand,

major citing jails have hundreds of large group cells as well as indiF

vidual cells.

Police stations have lockups, small holding cells, for the tempoF

rary detention of persons under investigation or being processed for

their initial appearance. Persons placed in lockup cells must be

screened for medical or psychological problems which may threaten

their own safety.

Jails, in the pure sense, are not correctional facilities; typically

jails have little if any correctional capability in terms of recreationF

libraries, educational programs, and the like. Because most jail inF

mates are awaiting trial, and therefore presumed «innocent», correcF

tional programs are inappropriate.

The average length of stay in jail is 11 days, but many persons will

be confined not much more than 24 hours, or until friends or relaF

tives raise bail or make other release arrangements. This is especially

Unit 18

100 101

true of police lockups, where release is often arranged prior to arraignF

ment or transfer to jail.

Most veteran prisoners agree that jail time is much more difficult

to serve than a prison sentence. Jail terms are usually shorter, typically

the jails themselves are not equipped with outside recreation faciliF

ties. They are often crowded, dirty, unsafe and populated by an unF

stable mixture of felons, drunks, misdemeanants – those considered

the «dregs of society».

In comparison to jails, most prison facilities provide a great deal

of stimulation in the form of hobby activities, vocational training,

educational opportunities, movies, religious programs. Holding a

person in custody implies a responsibility to provide care for that perF

son who, by virtue of being incarcerated, is no longer able to fully

provide for his or her own needs. When the police agency arrests

someone, even for the individual own protection, the responsibility

for that person’s safety and health lies with the police. Therefore in

properly managed jails and lockups, medical screening is provided.

Guards are trained to recognize threatening behavioral characterisF

tics, policies require routine standards of care, and officers are trained

and equipped to render aid quickly and expertly in any emergency.

Notes

1. «dregs of society» – покидьки суспільства

2. sentenced felons – засуджені за тяжкий злочин

3. parole violators – порушники, умовноFдостроково звільнені

«під чесне слово»

4. material witness – важливий свідок (свідчення якого мають

істотне значення)

5. correctional facility – виправна установа

6. recreation facilities – можливості для відпочинку та виF

правлення

Exercises

1) Find the answers to the following questions in the text above:

1. What is a prison?

2. What is a jail?

3. What are material witnesses?

4. What do police stations have for a temporary detention of perF

sons?

5. Can we regard a jail a kind of a correctional facility?

6. What is an average length of stay in jail?

7. Why do most veteran prisoners agree that a jail time is more difF

ficult to serve than a prison sentence?

8. How do prison facilities differ from those in jails?

9. What responsibility does holding a person in custody imply?

2) Fill in the blanks using words and phrases given in brackets be"

low:

1. — – are state or federal institutions for the confinement of senF

tenced felons who have at least one year to serve.

2. Every city, county and town in the US has — for confinement of

arrested persons.

3. Holding a person — implies a responsibility to provide care for

that person.

4. Persons placed in lockFup cells must be screened for ——.

5. Police station have small holding cells, called ——, for temporary

—— of persons under investigation

(prisons, detention, jail, facility, medical or psychological problems,

lockFups, in custody).

3) Find words and expressions in the text that mean:

1. local county or city institutions for the temporary detention of

persons awaiting indictment, arraignment or trial;

2. a person convicted of felony;

3. state or federal institutions for sentenced felons;

4. witnesses for a crime who might free or move away before trial if

they are not detained;

5. a person convicted of misdemeanor;

6. people who are often considered «dregs of society»;

7. small holding cells for the temporary detention of persons under

investigation.

4) Match the English noun phrases with their Ukrainian equiva"

lents:

1. criminal justice system 1. вирок до тюремного

ув’язнення

2. sentenced felons 2. окрема камера

3. temporary detention 3. середня тривалість

Unit 19 Pretrial Detention

102 103

5) Match the English verb phrases with their Ukrainian equivalents:

6) Find in the text the English equivalents for the words and phras"

es below:

медичне обстеження; засуджені злочинці; короткий

строк; ув’язнення за менш тяжкий злочин; професійна підгоF

товка; відбувати строк покарання; очiкувати судового розгляF

ду; людина, яка вчинила незначне правопорушення (тяжкий

злочин); засуджений до ув’язнення в тюрму; строк до одноF

го року; поліцейський відділок; камера тимчасового утриF

мання.

7) Complete the following text with words and phrases given below:

At 2 a.m. in a small —— police officers on routine —— observed

two young males passing items through a — — window of an apartF

ment complex.

When —— approached the two men —— a television set and ran.

The officers caught the two after a brief foot ——, determined that

an apartment had been broken into ——, and after ——, took the two

men to —— and booked them.

(ground floor; a city; patrol officers; illegally; an investigation; a

jail; to drop; a chase; patrolе)

8) Explain in English the meaning of these notions:

jail; prison; material witnesses; felon; misdemeanant; jailed deF

fendant; lockups

9) Talk on pretrial detention using the following key words and

phrases:

to confuse the terms «jail» and «prison»; federal institutions for

confinement; local county or city institutions; temporary detention;

short term misdemeanant sentence; material witness; facilities for the

confinement of arrested persons; large groupFcells; individual cells;

to lock up persons; correctional facilities (capabilities); the average

length of stay in jail; to raise bail; to make release arrangements; vetF

eran prisoners; vocational training; religions programs; to be incarF

cerated; to render aid quickly and expertly; in any emergency.

10) Read the following episode and render it into Ukrainian:

Police officers on routine patrol observed a car and conducted a

routine traffic stop. The driver was asked to step out of the car and

show identification and car registration, which he did. A passenger

began to talk loudly to the officers questioning their motives and genF

erally harassing them. The officers repeatedly instructed the passenF

ger to be quiet and not to interfere with the performance of their duF

ties. Finally, one officer threatened to take the passenger to jail if he

did not stop interfering. And when he continued with his belligerence,

the officer took him to jail and booked him for obstruction of justice.

Notes

1. belligerence – войовничість

2. obstruction of justice – перешкоди відправленню правосуддя

4. individual cell 4. мешканці тюрем

5. correctional facilities 5. професійна підготовка

6. jail inmates 6. термін ув’язнення

7. average length 7. засіб виправлення

8. term of imprisonment 8. тимчасове ув’язнення

9. prison sentence 9. засуджений за тяжкий

злочин

10. vocational training 10. система кримінального

правосуддя

1. to hold in custody 1. переводити до тюрми

2. to provide care 2. помістити людину в

камеру

3. to render aid 3. тримати під вартою

4. to confuse the terms 4. передбачати невинним

5. to serve a sentence 5. призначати заставу

6. to await indictment(trial) 6. сплутувати строки

7. to lock a person in a cell 7. чекати обвинувального

акту великого журі

(судового розгляду)

8. to presume innocent 8. відбувати строк покарання

9. to raise bail 9. надавати допомогу

10. to transfer to jail 10. забезпечити нагляд

Unit 19 Pretrial Detention

104 105

Unit 20

Pretrial Release

1. Initial Appearance

When the police bring a person they have arrested to jail, for

booking, the suspect is taken before a magistrate for an initial appearF

ance, usually within 24 hours of arrest. This is the first time the susF

pect appears in court. Sometime during this same 24Fhour period the

case materials are turned over to the prosecutor for the consideration

of formal charges. At this point in the criminal justice process, the

police task is done. Of course the officers may be required to testify

later at a trial, if the case goes that far, but in the majority of instancF

es the police role is over after this initial appearance before a magisF

trate.

At the initial appearance several matters are resolved. First, the

defendant is informed of the arrest charges, often by the reading of

the complaint, although he or she is not asked to plead to them. SecF

ond, the defendant is again informed of his or her Constitutional

rights, including those that pertain to selfF incrimination and legal

representation. Third, an attorney is assigned to indigent defendants,

if they desired one, or the public defender’s office is officially notiF

fied that the case will proceed to trial.

But the fourth issue resolved, and the one that most immediately

affects the person in police custody and charged with a crime, is deF

cided by the judge – that is, whether to release the individual pendF

ing further processing, or to detain the individual in jail pending furF

ther processing. This step is called, in shorthand, «bail or jail,» and

the judge’s decision depends on many factors. Police have arrested the

person on evidence of criminal behavior. The person may even have

been caught in the act of committing the crime. And the prosecutor

has stated the intention to prosecute, to secure a conviction either

through a guilty plea or trial. Is it safe to allow the accused to remain

in the community at large? What was the nature of the crime? What

are the best interests of the accused? If the judge allows the individuF

al to go free pending further processing, it is known as pretrial release.

If the judge does not allow it, pretrial release has been denied.

2. Bail

Several pretrial release options are used by the courts today makF

ing most defendants, regardless of economic status, eligible for release

pending trial.

The most commonly known method for pretrial release is bail, an

amount of money the posting of which a judge deems necessary for

pretrial release. The bail money is posted to assure the defendant’s

later appearance at trial. Bail has roots in the British tradition of sureF

ty. Whereby accused persons were required to place some real propF

erty against their failure to appear at a future trial. The traditional

purpose of bail has been to assure the later appearance of defendants

at trial, that is, to prevent or discourage flight. That implies that bail

should only be set at an amount necessary to achieve this purpose.

Four different types of money bail (or bond, as it is sometimes

called) are used: (1) fully secured bail, in which the defendant must

post the full amount of bail with the court; (2) privately secured bail,

in which a bail bondsman signs a promissory note for the full amount

for the defendant in exchange for a fee of 10 percent of the full

amount; (3) deposit bail, in which the court allows the defendant to

post 10 percent of the full amount with the court, which is usually

refunded when the defendant appears for trial (the full amount is due

if the defendant does not show); and (4) unsecured bail, in which the

defendant pays no money to the court but is liable for the full amount

of bail if he or she fails to appear for trial.

In addition to financial bail, alternative release options exist includF

ing (1) release on recognizance (ROR), in which the defendant is released

on the promise to appear for trial; (2) conditional release, in which the

court releases the defendant with specific requirements, such as that he

or she attends a drug rehabilitation program or meets some other special

condition; (3) thirdparty custody, in which the defendant is released into

the custody of another individual or agency on the promise that his or

her later appearance will be assured; and (4) citation release, in which

the arresting officer grants the defendant a release through a written orF

der, or citation, for his or her first court appearance.

Notes

1. If the case goes that far…F якщо справа зайде так далеко

2. release pending trial – звільнення зFпід варти в очікуванні

розгляду справи в суді

Pretrial Release

106 107

3. to book – зареєструвати (в поліції)

4. thirdF party custody – звільнення під опіку третьої сторони

Exercises

1) Find the answers to the following questions in the text above:

1. When does a suspect appear in court for the first time?

2. When is the police role over?

3. What matters are resolved at the initial appearance?

4. What issue, which most immediately affects the person in police

custody charged with a crime is decided by a judge?

5. What does an expression «bail or jail» mean?

6. What is bail and its traditional purpose?

7. What are the four different types of money bail?

8. What are the alternative release options?

2) Say whether these statements are true or false:

1. When the police bring a person to jail, for booking, the suspect is

taken before a grand jury.

2. Within a 24Fhour period the materials of the case are turned over

to the prosecutor for the consideration of formal charges.

3. If the judge does not allow the person to go free pending further

processing it is known as initial appearance.

4. The traditional purpose of bail is to prevent or discourage defenF

dant’s flight and to assure the later appearance of the accused at

trial.

5. The police role is not over after the initial appearance.

3) Match the English noun phrases with their Ukrainian equivalents:

4) Match the English verb phrases with their Ukrainian equivalents:

5) Find in the text the English equivalents for the words and phras"

es below:

грошова застава; підозрюваний; реєструвати; перше з’явF

лення до суду; досудове звільнення; певні вимоги; звільненF

ня «під чесне слово»; з’явитися до суду; кримінальне судоF

чинство; обвинувачення, що призвели до арешту; визнання

себе винним; злочинна поведінка; тримати підозрюваного у

тюрмі; застава, гарантована в повному обсязі; застава, гаранF

тована опікувачем; негарантована застава; застава під завдаF

ток; письмове розпорядження про досудове звільнення;

умовне звільнення.

6) Give Ukrainian equivalents to words and phrases below:

release on recognizance (ROR); thirdFparty custody; first court

appearance; public defender’s office; conditional release; in exchange

for a fee of 10 percent; a guilty plea; in shorthand; to post a bail(or

bond) with a court; to assure a later appearance; to be taken before a

magistrate; to testify at a trial; police custody.

1. initial appearance 1. умовне звільнення

2. arrest charges 2. досудове звільнення

3. indigent defendants 3. заява про провину

4. public defender’s office 4. певні вимоги

5. further processing 5. обвинувачення, висунуті

при арешті

6. criminal behavior 6. звільнення під заставу

7. guilty plea 7. обвинувачені, що

зазнають нестатків

8. pretrial release 8. офіс громадського

захисника

9. conditional release 9. кримінальна поведінка

10. specific requirements 10. перше з’явлення до суду

11. release on bail 11. подальший процес

1. to turn over the case to the

prosecutor

1. звільнити особу

2. to resolve a matter 2. вирішити справу

3. to release an individual 3. призначити заставу

4. to proceed the case to trial 4. обвинуватити в злочині

5. to charge with a crime 5. захопити під час вчинення

злочину

6. to catch in the act of

committing a crime

6. запобігти втечі

7. to discourage flight 7. передати справу до суду

8. to set a bail 8. передати справу

прокурору

Unit 20 Pretrial Release

108 109

7) Match the words and phrases from the left with the correspond"

ing explanations from the right column

8) Complete the following text by choosing corresponding words and

phrases from the box:

release on own recognizance; jail; pretrial release; judge; officF

er; bail; arrest; indigent; employment; investigator, investigation;

shoplifting; charges

An 18 yearFold girl arrested for … requested … … … claiming to

be indigent. A field … showed that she lived with an unemployed boyF

friend, had no steady …, had dropped out of school in the eleventh

grade, and was indeed … . She had one prior … for shoplifting but the

… had been dismissed for reasons not known. On her prior arrest she

had posted … of $ 200 and this was returned when the charges were

dropped. The ROR … recommended … … but the … remanded her

to municipal … to await arraignment.

Note

shoplifting – крадіжка в магазині

9) Talk on pretrial release using the following key words and phrases:

to bring a person to a jail for booking; initial appearance; to turn

over materials of a case to a prosecutor; to bring formal charges; to

be informed of the arrest charges; «bail or jail»; to go free pending

further processing; pretrial release; four different types of bails release

or own recognizance; conditional release; rehabilitation program;

thirdFparty custody; citation release; written order.

10) Read the following episode and render it into Ukrainian:

A 40Fyear old male was arrested for fraud and forgery. He was

accused of posing as a representative of a roofing company, talking

some homeowners into ordering new roofing from a fictitious firm and

forging a false name to endorse their initial deposit checks. Actually,

he was employed halfFtime as a car salesman, lived in his own home

with his wife and three young children, and had one prior conviction

for drunk and disorderly behavior, resulting in a fine of $ 75, which

he had paid. An ROR investigation showed him to be unable to post

bail. He was a lifelong resident of the city and was well thought of by

the car dealer for whom he worked. The magistrate granted him preF

trial release on recognizance.

Notes

1. fraud and forgery – обман та підлог

2. roof – дах

1. bail 1. the court allows the defendant to

post 10 percent of the full amount

with the court and is usually

refunded when the defendant appears

for trial.

2. initial appearance 2. a bail bondsman sings a

promissory note for the full amount

for the defendant in exchange of a

fee of 10 percent.

3. citation release 3. the defendant must post the full

amount of bail with the court.

4. (ROR) release on

recognizance

4. to take the suspect before a

magistrate within 24 hours of arrest

for the first time to inform him of

arrest charges.

5. deposit bail 5. the defendant is released into the

custody of another individual or

agency.

6. fully secured bail 6. the defendant is released on the

promise to appear for trial.

7. conditional release 7. an amount of money posting of

which the judge deems necessary for

pretrial release.

8. privately secured bail 8. a judge allows the individual to go

free pending further processing.

9. pretrial release 9. the court releases the defendant

with specific requirements, such as

he/she must attend rehabilitation

program, etc.

10. third-party custody 10. the arresting officer grants the

defendant a release through a written

order or citation.

Unit 20 Pretrial Release

110 111

Unit 21

Defense Lawyer

«You are entitled to have an attorney… If you cannot afford an

attorney, one will be appointed to represent you.»

These are famous Miranda warning words on the right to legal

counsel which police must provide to all arrested suspects prior to

their interrogation. They are perhaps better known than the words of

the Sixth Amendment right which they express: «In all criminal prosF

ecutions, the accused shall enjoy the right to have the assistance of

counsel for his defense».

The Role of the Defense Lawyer

As soon as a person is arrested he or she needs a defense attorF

ney, and the role of the defense attorney begins almost as soon as an

arrest occurs, for the accused needs the assistance of a counsel to make

sure interrogation and other pretrial procedures are conducted in a

Constitutional manner. After that point, the defense counsel role is

to review the documents and other evidence the police have accumuF

lated against the accused, and to interview or question the arresting

officer and others involved in the case. The defense attorney may inF

terview witnesses to the crime, and may even conduct an independent

investigation.

Important work of the defense attorney is done in conversations

with the prosecutor. Defense attorneys usually have dealt previously

with the prosecutors assigned to their particular cases. Thus, defense

and prosecuting attorneys know each other.

At bail hearings and in plea negotiations defense attorneys repreF

sent the accused. They prepare pretrial motions and often argue them

in pretrial conferences and hearings. Then, if all fails and the case go

to trial, the defense attorney prepares the defense material for trial.

At trial defense attorneys question prospective jurors, crossFexF

amine prosecution witnesses, and generally represent the accused. If

cases result in conviction, the defense attorneys help those convicted

gain the best possible sentences. Then, sometimes appeals may be

pursued, which can entail written documents arguing for reversal of

the decisions or sentences.

Defense attorneys are involved in every stage of the criminal jusF

tice system beginning with the arrest. And throughout all of the stagF

es of criminal justice decisions they are responsible for protecting the

accuser’s Constitutional rights, to be sure their clients are not treatF

ed unfairly or improperly. Everyone accused of a crime needs a good

defense attorney.

Right to a Free Defense Attorney

Defendants who are financially able can hire lawyers to represent

them at trial. Poor defendants, however, have to rely on stateFpaid

attorneys existing in each jurisdiction.

In some states there were provisions to assign counsel to any deF

fendant unable to afford a lawyer; in others the assistance of stateFpaid

counsel was limited to very serious cases, usually those involving capiF

tal offences. For many years, the US Supreme Court took the position

that this was a «state’s right» issue that there was no federal ConstituF

tional requirement that states must provide counsel for the defense.

In 1932 the US Supreme Court considered the appeal of an AlaF

bama court decision known as the «Scottsboro Rape Case» in which

nine young black men had been convicted of raping two white womF

en and were subsequently sentences to death. The Court held that the

advice of counsel was essential as a Constitutional matter in such capF

ital cases. Thus, for the first time in state trials involving a possible

death sentence defense lawyers were required, if requested by defenF

dants and at state expense, if the defendants were too poor to pay atF

torney fees.

Ten years later in 1942 in Betts v. Brady the Supreme Court again

held that states, as a matter of federal Constitutional rights, did not

need to appoint lawyers for the poor in nonFcapital cases. It was only

in 1963, that the Supreme Court again confronted a case concerning

the right to counsel. That case, Gideon v. Wainwright proved a landF

mark decision, probably having a greater impact on the criminal court

process than any other single Supreme Court decision.

Clarence Earl Gideon was charged in a Florida state court with

having broken and entered a poolroom with intent to commit a misF

demeanor. That offence was a felony under Florida law. Appearing in

court without funds and without counsel, Gideon asked the court to

appoint a lawyer to represent him. Gideon was referring to the Sixth

Amendment to the US Constitution, which states in part «In all crimF

inal cases the accused shall enjoy the right to have the assistance of

Defense Lawyer

112 113

counsel for his defense.» Today free defense counsel is provided to

indigent defendants either through public defender programs, or conF

tracts between courts and law firms. In addition persons charged with

serious misdemeanors are now included in the right to counsel rulF

ings, expanding the right to counsel to any defendant, who seriously

faces the possibility of incarceration.

A word should be said about the rather rare instances where a

defendant refuses the assistance of courtFappointed lawyers, or pubF

lic defenders, and asks the judge for permission to act as his or her own

defense lawyer. This is permitted, since the state cannot force an atF

torney on a defendant who intelligently waives the right to represenF

tation of counsel.

Notes

1. intelligently waives the right – свідомо ухиляється від права

бути представленим адвокатом

2. plea – заява

3. a plea to «nolo contendere» (лат.) – «Я не бажаю оспорювати»

(заява обвинуваченого про те, що він не оспорює висунуті

йому обвинувачення)

4. pretrial motions – досудові клопотання

5. accuser – скаржник

Exercises

1) Find the answers to the following questions in the text above:

1. What does the Sixth Amendment to the Constitution express?

2. When does role of the defense attorney begin?

3. What does a defense attorney do after an accused has been arrested?

4. Did defense and prosecuting attorneys know each other at preF

vious stages of criminal proceedings?

5. What responsibilities does a defense attorney have during bail

hearing and plea negotiations?

6. What does a defense attorney do at a trial?

7. In what cases can stateFpaid attorneys be assigned to any defenF

dant unable to afford a lawyer?

8. What case proved a landmark decision concerning the right to

counsel?

9. What does a court do if a defendant refuses the assistance of courtF

appointed lawyers?

2) Say whether these statements are true or false:

1. Police must provide the right to legal counsel after their investiF

gation.

2. As soon as the accused is arrested he needs the assistance of a

defense counsel.

3. The defense attorney has no right to conduct an independent inF

vestigation.

4. If an accused is convicted, the defense attorney helps him to gain

the best possible sentences.

5. Defense attorneys are involved only in the first steps of criminal

investigation.

6. Poor defendants have to rely only on stateFpaid attorneys existF

ing in each jurisdiction.

3) Fill in the blanks using words and phrases given in the box:

1. The police must provide the right to … … to all arrested … prior

to their … .

2. One of the functions of a defense counsel is … … and others … the

police have accumulated against … .

3. Important work of a defense attorney is done in his conversations

with … .

4. Everyone accused of … needs a good … … .

5. Today free defense counsel is provided to … … either through …

… … or contracts between … and … … .

4) Match the English noun phrases with their Ukrainian equivalents:

counsel

law firms

defense attorney

indigent defendants

public defender programs

suspects

interrogation

evidence

accused

prosecutor

to review

documents

crime

courts

1. arrested suspects 1. скасування рішення

(вироку)

2. criminal prosecution 2. той, хто проводить

незалежне розслідування

3. pretrial procedure 3. в дусі конституції

Unit 21 Defense Lawyer

114 115

5) Match the English verb phrases with their Ukrainian equivalents:

6) Find in the text the English equivalents for the words and phras"

es below:

допит; заарештований; підозрюваний; тиснути на захисниF

ка; незалежне розслідування; слухання про заставу; підготуваF

ти матеріали по захисту для судового слухання; допитувати

свідків; призначити прокурора у конкретній справі; захищати

конституційні права обвинуваченого; захисник, призначений

судом; серйозні правопорушення; справи, які (не)передбачають

смертне покарання; гонорар адвоката.

7) Talk on the work of a defense lawyer using the following words

and phrases in your own sentences:

the right to have an attorney; arrested suspects; accused; the first

steps of pretrial procedures; as soon as an arrest occurs; to review

documents; to question arresting officers; to conduct an independent

investigation; to prepare defense materials for trial; to examine (crossF

examine) prosecution (defense) witnesses; to argue for reversal of

decisions or sentences; to be sure the clients are not treated unfairly;

stateFpaid attorney; to be unable to afford a lawyer.

8) Complete the following text by translating words and phrases in

brackets:

In a (справа, яка передбачає смертний вирок) where (обвиF

нувачений) cannot (захищати) himself or herself because of ignoF

rance, feeblemindedness, illiteracy, or the like, and where he or she

is unable (найняти адвоката), the court should (призначити

захисника). Fundamental (неупередженість) and the due process

of law (вимагає) that (бідні) defendants have (безоплатний захисник,

призначений судом) if they cannot otherwise provide for counsel.

9) Give all possible variants for the word «захисник» and use them

in your own sentences.

10) Read the following text. Give a brief summary of it in English

(Ukrainian):

Who Defends the Poor?

States have developed three primary models for providing legal

help for poor defendants. Those are public defender programs, asF

signed counsel systems, and contract systems.

4. in a constitutional manner 4. заарештовані підозрювані

5. arresting officer 5. безоплатний адвокат

6. a witness to a crime 6. судове переслідування

7. an independent investigator 7. захисник

8. defense attorney 8. слухання про заставу

9. prosecuting attorney 9. адвокат, діяльність якого

сплачує штат

10. bail hearing 10. злочин, за який

передбачено смертну кару

11. a reversal of the decision

(sentence)

11. досудове провадження

12. a free defense attorney 12. обвинувач

13. state-paid attorney 13. свідок злочину

14. capital offence 14. поліцейський, що

здійснює арешт або

затримання

1. to appoint an attorney 1. розглянути апеляцію

2. to have an assistance of

counsel for defense

2. поводитися

(не)справедливо

3. to accumulate evidence 3. проводити допит

4. to conduct an investigation 4. викликати свідка захисту

5. to interview witnesses 5. отримати найменш

суворий вирок

6. to cross-examine

prosecution witnesses

6. справляти великий вплив

7. to call a defense witnesses 7. допитувати свідків

обвинувачення на

перехресному допиті

8. to gain the least possible

sentence

8. опитувати свідків

9. to treat (un)fairly 9. зібрати докази

10. to consider an appeal 10. користуватися послугами

адвоката

11. to have a great impact 11. призначити адвоката

Unit 21 Defense Lawyer

116 117

The public defender may be attached to either statewide agency

or a local agency. Several states have public defenders systems headF

ed by a person who is responsible for providing defense in the various

counties in that state. The rest of the states have local systems which

are autonomous. The public defender, much like the state attorney,

is usually a government employee.

Assigned counsel systems involve private attorneys who are apF

pointed by a judge to provide legal defense. A minimum fee is usually

paid by the state for the legal services.

Contract system involves the government contracting with indiF

vidual attorneys, bar associations, or private law firms to provide serF

vices for a specified dollar amount. Contract systems can be found in

both small counties and very large ones.

Unit 22

Prosecutor

Charge or no charge.

The police have concluded, based on their investigation and the

evidence obtained that an individual is guilty of a crime. After arrestF

ing and booking that person, various decisions must be made as to

what should be done next. The prosecutor is that decisionF maker, and

the decisions involve whether or not to move the case forward through

formal charges seeking an indictment or filing an information, etc.

As a matter of fact, a large percentage of arrests do not result in

prosecution. The prosecutor, or district attorney, can for any number

of reasons or for no obvious reasonsF decide not to prosecute.

The most common reasons for deciding not to prosecute or for

dismissal of charges are the following:

1. Insufficient evidence, which results from a failure to uncover

enough evidence to link a suspect to the crime.

2. Witness problems, which arise when a witness fails to appear, gives

unclear or contradictory statements, refuses to testify, or is unsure

of the identity of the offender. Also, a major cause of witness probF

lems is a prior relationship between the victim and the defendant.

3. The interests of justice, which lead the prosecutor to conclude that

certain offenses violate the letter of law but not the spirit of law.

4. Due process problems, which involve violations of constitutionF

al requirement in the obtaining of evidence.

5. A plea on another charge, or guilty pleas, whereby the accused is

charged in several cases or on several counts and the prosecutor

agrees to dismiss or drop some charges in exchange for guilty pleas

on others. (This is the largest category of reasons for dismissal).

6. Pretrial diversion, in which the prosecutor and the court agree to

drop charges when the accused complies with some condition,

such as completion of a drug rehabilitation program.

7. Referral for other prosecution, such as when an accused person

is charged with more serious crimes in another jurisdiction and

the decision is made to transport him / her to that jurisdiction for

processing.

Unit 21

118 119

2. Determining the Initial Charge.

If a district attorney decides to proceed to prosecution the specific

charge or charges to bring must be decided. If more than one offence

is contained in the complaint, or more than one defendant is involved

in the crime, the prosecutor must decide whether to join offences and

offenders in a single prosecution or to sever them to separate charges

and trials. In routine cases the district attorney’s initial charging deterF

mination is made in the absence of the suspect, who at this point may

be out on bail or held in jail awaiting further processing. The prosecuF

tor may interview the arresting officer and perhaps the complainant or

available witnesses. Upon request the prosecutor may talk with the susF

pects, defense attorney if one has been hired or appointed at this time.

In certain «hot» cases – generally those involving very serious crimes

or notorious suspects, or cases that otherwise have generated a good deal

of publicity –the prosecutor may interrogate the suspect. These are

comparatively rare occurrences; usually the initial determination to

charge or not is made without contact with the subject.

Notes

1. sever – роз’єднувати

2. publicity – гласність

3. out on bail – звільнений під заставу

4. available witness – наявний свідок

Exercises

1) Find the answers to the following questions in the text above:

1. Who decides whether or not to move the case forward through

formal charges after arresting and booking an individual guilty of

a crime?

2. Do a large percentage of arrests result in prosecution?

3. What are the most common reasons for the prosecutor to decide

not to prosecute? Name them.

4. What does insufficient evidence result from?

5. When do witness problems arise?

6. What violations do due process problems involve?

7. What is a pretrial diversion?

8. What must a prosecutor decide if more than one offence is conF

tained in the complaint or more than one defendant is involved

in the crime?

9. How is initial charging determination made by the district attorF

ney in routine cases?

2) Say whether these statements are true or false:

1. The prosecutor is a decisionFmaker, he decides whether or not to

move the case forward through formal charges.

2. A large percentage of arrests result in prosecution.

3. A major course of witness problems is a prior relationship between

the victim and the prosecutor.

4. Sometimes the prosecutor can drop some charges if the accused

is charged in several cases in exchange for guilty plea for others.

5. An accused person who committed more serious crime in another

jurisdiction cannot be transported to that jurisdiction for processing.

6. Usually the district attorney makes initial charge determination

in the presence of the suspect.

7. In cases involving very serious crimes or notorious suspects, or

cases that created a good deal of publicity – the prosecutor may

interrogate the suspect.

3) Fill in the blanks using words and phrases given in the box:

1. If a district attorney decides … … a specific charge or charges must

be decided.

2. If an accused agrees to comply with some conditions, e.g. … …

… the prosecutor and … agree to drop charges.

3. The suspect may be out on bail or … … awaiting further … .

4. Usually the initial determination … or not is made without conF

tact with … .

5. … … results from a failure to uncover enough evidence to link a

suspect with … .

4) Match the English noun phrases with their Ukrainian equivalents:

1. a decision maker 1. дух закону

2. district attorney 2. підозрюваний

3. obvious reasons 3. суперечливі заяви

(свідчення)

court

charge

subject

suspect

crime

processing

insufficient evidence

to be held in a jail

drug rehabilitation program

to proceed to prosecution

Unit 22 Prosecutor

120 121

5) Match the English verb phrases with their Ukrainian equivalents:

6) Find in the text the Ukrainian equivalents for the words and

phrases below:

charge; formal charge; to seek an indictment; for no obvious reaF

sons; dismissal of charges; to link a suspect to the crime; interests of

justice; due process problems; constitutional requirements; to obtain

evidence; a guilty plea; pretrial diversion; to refer for other prosecuF

tion; to proceed to prosecution; complaint; initial charging determiF

nation; a complainant; rare occurrences.

7) Find the corresponding notions in the text to the following factors

that may influence a prosecutor’s choice not to prosecute:

1. The prosecutor’s doubt the accused is in fact guilty.

2. The extent of the harm caused by the offense.

3. The disproportion of the authorized punishment in relation to the

particular offense or the offender.

4. Possible improper motives of a complainant.

5. Reluctance of the victim to testify.

6. Cooperation of the accused in the apprehension or conviction of

others.

7. Availability and likelihood of prosecution by another jurisdiction.

8) Complete the following text by translating words and phrases in

brackets:

The first formal (обов’язок) of the prosecutor involves (виF

значити) whether the defendant should be (обвинувачений) with

a crime. Even if (докази) clearly (вказують на провину) of a susF

pect, the prosecutor is free to decide (порушувати справу) or not.

In some cases (кримінальний процес) begins with (заява) made

directly by (прокуратура). The prosecutor may seek (ордер на

арешт) from a judge and direct the police (затримати підозрюF

ваного) if the alleged criminal is named by (заявник). In cases in

which a complainant (звертається із скаргою) as to a specific subject

directly to the police, the police may obtain an arrest warrant by showF

ing probable cause to a judge for taking the suspect into custody.

9) Talk on the work of a prosecutor using and additional informa"

tion given below:

In a routine case the suspect, having been arrested by the police,

is in jail or out in the community on pretrial release after a bail hearF

ing. The police have records of all the evidence they have accumuF

lated including the names of witnesses and the identity of the victim

or complainant if there is one. They pass this information on to the

prosecutor along with a written report of their investigation of the

crime and reasons to believe the defendant committed it. The proseF

cutor receives this written information from the police and in routine

cases does not interview or confront defendants at this point. Instead,

as a lawyer, he or she translates the factual situation given by the poF

lice into what appears from the record to be illegal behavior involved.

4. dismissal of charges 4. особа правопорушника

5. insufficient evidence 5. буква закону

6. unclear statements 6. відхилення обвинувачень

7. contradictory statements 7. невиразні заяви

(свідчення)

8. a suspect 8. неприйнятні докази

9. identity of an offender 9. очевидні причини

10. the letter of law 10. той, хто приймає рішення

11. the spirit of law 11. районний прокурор

1. to refuse to testify 1. висунути обвинувачення

2. to file an information 2. роз’єднати обвинувачення

3. to drop charges 3. відмовлятися давати

свідчення

4. to comply with the

conditions

4. допитати свідка

5. to bring a charge 5. бути звільненим під

заставу

6. to join offenses and

offenders

6. змиритися з обставинaми

7. to sever the charges 7. зняти обвинувачення

8. to be out on bail 8. допитати офіцера, який

здійснив затримання

9. to interview an arresting

officer

9. скласти заяву про

обвинувачення

10. to interrogate the suspect 10. об’єднати злочини та

злочинців в одну справу

Unit 22 Prosecutor

122 123

For instance, in considering all the elements of a theft, the prosecuF

tor determines whether the defendants conduct may be regarded as

larceny, burglary, or robbery and then determines the degree of the

crime (Grand larceny, robbery in the second degree, etc) that is likeF

ly and provable by the evidence in hand and any evidence that may

be found later.

10) Read the following episodes. Give a brief summary of it in En"

glish (Ukrainian):

Episode 1: True Love

Police arrested a man on the complaint of his wife that he had cut

her with a knife during a family argument. The husband was arrested

for felonious assault, could not make bail, and was held in the police

lockup overnight. The next morning his wife appeared at the proseF

cutor’s office and requested that the charges against her husband be

dropped. The assistant district attorney who interviewed her comF

mented on the seriousness of the assault based on the number of banF

dages on the wife’s arms and the deep scratches on her face. He told

her he thought it was foolish for her not to press the complaint since

she might to endangered in the future. Nevertheless, the wife insistF

ed that she did not wish her husband charged with a crime. Finally

the prosecutor agreed and the husband was released from custody.

Notes

assault – напад

to be endangered – наражатися на небезпеку

Episode 2: We Had Him First

Police arrested a 32FyearFold man for breaking and entering a

vending machine at 2 a.m. at the local bus station. He was transportF

ed to the jail and booked, and the case was referred to the state attorF

ney’s office for possible prosecution. Further investigation revealed the

man had given a false address, and the name and other information

he had given the police proved to be false as well. Upon checking with

the National Crime Information Center (NCIC) and finger print files,

the prosecutor learned the man was wanted in a neighboring state for

violation of parole. When the parole officer was notified, she said «We

had him first – send him home and we will proceed with revocation

of parole and have him sent back to prison.» The prosecutor agreed,

decided not to prosecute on the breaking and entering charge, and

arranged the man’s return.

Notes

to be wanted – розшукуватись

to violate parole – порушувати умови умовноFдострокового

звільнення під «чесне слово»

vending machine – автомат для продажу дрібних речей

Unit 22 Prosecutor

124 125

Unit 23

Bringing Formal Charges

Assuming the initial decision is to prosecute, the next step in the

charging process is to seek a final formal charge that the defendant

must answer. This may be done in one of two ways, depending on the

law in particular jurisdictions. One involves seeking an indictment

from a grand jury and, in some instances, to test it for probable cause

at a preliminary hearing before a judge.

The Grand Jury Indictment Process

A grand jury is commonly (but not in all places) composed of

twentyF three members but may act with a quorum of sixteen present.

An indictment is issued upon the vote of twelve members. Members

are usually drawn from voter registration rolls, although in some states

drivers’ license lists are used. And, unlike a trial jury which sits only

as long as the trial lasts, usually only a few days, grand juries may be

empanelled for extended periods, sometimes months or even a year

or more.

Grand jury proceedings are secret, not only from the public and

the press, but also from the defendant. Defense counsel is likewise

excluded from these hearings. With the permission of the trial judge,

the transcribed minutes of grand jury deliberations may be shown, in

part or in whole, to the defense counsel immediately before or durF

ing the trial. However, transcripts are usually made available only if

the defendant can show a « particularized need» to obtain the testiF

mony or other evidence presented to the grand jury in order to preF

pare a defense for a later trial.

After the American Revolution, the grand jury was incorporated

into the Constitution as a key part of our system of criminal justice.

The Fifth Amendment reads as follows: «No person shall be held to

answer for a capital, or otherwise infamous crime, unless on a preF

sentment or indictment of a Grand Jury»

The federal government is required to prosecute by grand jury, then.

But in the states today, the grand jury serves two purposes. The first is

to screen cases brought by the prosecutor. The other is to conduct inF

dependent investigations of possible criminal conduct in the commuF

nity even when no defendant is brought to the jury by the prosecutor.

If the prosecutor brings a case and the grand jury finds probable cause

to believe a crime was committed and that the defendant committed it,

grand jury members issue an indictment, a formal charging document.

If on their own investigation they find a probably guilty person, they

issue a presentment, which is a charging document just like an indictF

ment but which is generated by the grand jury itself.

How the Grand Jury Works

When a grand jury is assembled for the first purpose, to screen a

case for possible formal charging, the district attorney appears before

it and requests an indictment. The prosecutor needs only show suffiF

cient evidence to convince a majority of the jury’s members that there

is «probable cause» to hold the defendant for trial. There is no requireF

ment at this stage to reveal all of the state’s evidence or bring forth all

the witnesses. Furthermore, in most places, evidence presented to the

grand jury need not conform to trial standards of admissibility.

Because grand jurors hear only the state’s evidence without any

opportunity for defense or rebuttal or contradiction, it is to be expectF

ed that they will honor the prosecutor’s request for an indictment in

most cases.

The investigatory role of grand juries is perhaps a more imporF

tant function: investigating possible crimes, corruption, and assortF

ed wrongdoings of citizens, public officials, and agencies. Generally,

investigatory grand juries are assembled for this purpose and are sepF

arate entities from charging grand juries, but this is not always the case.

All grand juries can pursue almost unlimited investigations if they wish

and may level charges on their own motions if they uncover crimes.

The investigatory grand jury has traditionally played a particularly

important role in organized crime investigations and official inquirF

ies into such matters as police corruption and forceful state reactions

to mass disorders, prison riots, and so on. While the charging funcF

tion of grand juries may be waning, their investigatory functions are

likely to remain important within the criminal justice system. Many

jurisdictions that have abandoned the use of grand juries in charging

retain them for investigatory purposes.

The Preliminary Hearing /Information Process

Today the major way by which felony charges are formally brought

against defendants is by the prosecutor drafting an information, a forF

mal document noting in statutory language the highest crime charged

and the number of charges against the defendant. In some instances,

Bringing Formal Charges

126 127

the prosecutor tests the case for probable cause to support the chargF

es at a preliminary hearing before a judge. The information is equivF

alent to an indictment for most purposes, although prepared and testF

ed differently.

The preliminary hearing differs from grand jury proceedings in

several significant ways:

1. The defendant has a right to be present at the preliminary hearF

ing and currently, even if indigent, has a Constitutional right to a

lawyer.

2. Unlike the grand jury indictment process, the preliminary hearF

ing may be waived (refused) by the defendant.

3. The preliminary hearing is open to the public, and the testimony

or evidence presented is available to the press and other media.

4. Hearsay evidence is not usually permitted over the defendant’s

objection at a preliminary hearing.

At the preliminary hearing the defendant is not asked to plead to

any charge and need do nothing but listen to the evidence presented

by the prosecutor. However, independently or through counsel, the

defendant may crossFexamine state’s witnesses and otherwise chalF

lenge evidence introduced by the prosecutor.

Because the defendant has a right to crossF examine state’s witF

nesses even though he or she may choose not to do so, testimony preF

sented at the preliminary hearing may be used at the trial, if for a valF

id reason the witness is unavailable later.

Furthermore, unlike grand jury proceedings, the defendant may

waive (choose not to have) the preliminary hearing, in effect acceptF

ing the information as drafted by the prosecutor, and have his or her

case go directly to pleading.

Notes

1. to pursue almost unlimited investigation – проводити майже

необмежене розслідування

2. to cross examine state’s witnesses – чинити перехресний допит

свідку обвинувачення

Exercises

1) Find the answers to the following questions in the text above:

1. In what ways is the final formal charge done?

2. Whom is the grand jury composed of?

3. What purposes does the grand jury serve in the states?

4. What is an indictment?

5. What is a role of a prosecutor in a grand jury work?

6. What is an information?

7. What is the difference between preliminary hearing and grand jury

proceedings?

8. Is a defendant asked to plead to any charge at the preliminary

hearing?

9. Is a defense counsel usually present at a grand jury proceedings?

2) Fill in the blanks using words and phrases given in the box:

1. All grand juries can pursue almost … … if they wish.

2. The prosecutor has only … a majority of grand jury’s members

that there is a «probable cause» … a defendant … .

3. Members of grand jury are usually drawn from … … … .

4. Grand jury proceedings … … , not only from the public and the

press but also from … .

5. Unlike the grand jury… … , the preliminary hearing may be reF

fused by … .

6. The preliminary hearing … … , and the testimony or evidence

presented … … to the press and other … .

7. The defendant has a right to be present at … …, and even if …,

has a Constitutional right … .

3) Match the English noun phrases with their Ukrainian equivalents:

to convince

a defendant

an offender

media

indictment process

lawyer

indigent

to be secret

to hold for the trial

voter registration rolls

to be open to the public

to be available

unlimited investigation

preliminary hearing

1. formal charge 1. протоколи засідання

великого журі

2. initial decision 2. список зареєстрованих

виборців

3. preliminary hearing 3. тяжкий злочин

Unit 23 Bringing Formal Charges

128 129

4) Match the English verb phrases with their Ukrainian equivalents:

5) Explain in English the meaning of these notions:

• indictment

• information

• presentment

• investigatory grand juries

6) Find the appropriate word given in brackets for the following def"

inition:

1. a group of people composed of twentyFthree members drawn from

voter registration rolls or from drivers license lists

2. a formal charging document issued by a grand jury

3. a formal charging document which is generated by grand jury itF

self

4. a formal document noting in statutory language the highest crime

charged and the number of charges against a defendant (indict"

ment, grand jury, presentment, information)

7) Complete the following text by translating words and phrases in

brackets:

The middle stages of criminal justice process is where (підозрюF

ваний), after being taken into police custody, (обвинувачується у

вчиненні злочину) by a prosecutor. At this point the suspect becomes

(обвинувачений). The major official involved in these middle stagF

es is a prosecutor, known as D.A. (районний прокурор). He or she

has a job of translating (фактичні докази) brought by police into a

formal, legally correct (кримінальне обвинувачення) as defined in

criminal statutes.

8) Give English equivalents to the fallowing words and phrases:

процес винесення обвинувального акту великим журі; велиF

ке журі, яке проводить розслідування; велике журі, яке виноF

сить обвинувальний акт; заява прокурора про обвинувачення;

попереднє слухання; офіційне розслідування про корупцію в

поліції; розкрити злочин; зняти із розгляду докази; відмовитиF

ся від попереднього слухання.

9) Read the following episode. Give a brief summary.

«I Didn’t Mean to Have Her Killed»

Robert L. Ammidown was charged with firstFdegree murder and

conspiracy to commit murder in the death of his wife. He admitted

that a month prior to her killing he had arranged to have her murdered

at a department store parking garage. At last minute he changed his

mind, because he did not want his son, who was to accompany his

mother that day, to witness the murder. So, according to his confesF

sion, Ammidown and an associate, Richard Anthony Lee, devised a

plan whereby Lee would abduct Mrs Ammidown and by threat to her

life extort a sum of money to be used by Ammidown and Lee to purF

chase a club in Maryland. According to the plan, Ammidown was to

4. indictment process 4. формальне обвинувачення

5. voter registration roll 5. докази, отримані з чужих

слів

6. high crime 6. попереднє рішення

7. prison riots 7. процедура пред’явлення

обвинувачення

8. Hearsay evidence 8. попeреднє слухання

9. minutes of grand jury

deliberations

9. тюремні бунти

1. to draft an information 1. домагатися

обвинувального акта

2. to uncover crimes 2. відмовитися від

попереднього слухання

3. to seek an indictment 3. розкривати злочин

4. to challenge evidence 4. відмовитися від послуг

великого журі

5. to waive a preliminary

hearing

5. скласти заяву про

обвинувачення

6. to transcribe the minutes 6. вчинити перехресний

допит свідка

обвинувачення

7. to abandon the use of grand

juries

7. відхилити докази

8. to cross- examine state’s

witnesses

8. зробити письмову копію

протоколу

Unit 23 Bringing Formal Charges

130 131

take his wife to a restaurant and after dinner Lee would halt AmmidF

own’s car at a specified intersection near the restaurant and abduct

Mrs. Ammidown.

At the prearranged spot Lee jumped into the car and directed

Ammidown to drive to a certain location where Lee dragged Mrs

Ammidown from the car and raped her, as planned, to impress her

with the «seriousness of the threat.» However, at this point, Lee killed

Mrs Ammidown.

Ammidown denied complicity in the murder. Prior to the trial,

the U.S. Attorney and Ammidown entered into an agreement that

Ammidown would plead guilty to second degree murder and the firstF

degree murder charge would be dismissed. In return Ammidown

agreed to testify against Lee, who was believed by the prosecution to

be involved in still another murder.

The trial judge, however, refused to accept the lesser plea on the

basis that public interest required that the defendant be tried on the

greater charge. Ammidown then pleaded not guilty to firstFdegree

murder but at trial was convicted of firstFdegree murder and felony

murder and sentenced to two consecutive terms of life imprisonment.

Unit 24

Courts