Ex. V. Complete the following statements. 2 страница
) 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 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? 11) 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. 7) 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 ... 11) 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”.
UNIT 23
► 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.
VOCABULARY
| interrogation | допрос | involuntary statement | недобровольное заявление |
| confession | признание | administer a caution | делать предостережение |
| admission of offence | признание в совершении преступления | make a statement | сделать заявление |
| eventually | в конечном счете | discretion | усмотрение |
| plea of guilty | заявление подсудимого о признании вины | admit in evidence | допустить в качестве доказательства |
| contested trial | состязательный процесс | oppression | притеснение |
| restrictions | ограничения | torture | пытка |
| coerce | принуждать | inhuman | бесчеловечный |
| in custody | содержащийся под стражей | degrade | Унижать |
| failure | неисполнение | treatment | обращение |
| rejection | отказ |
1) What an important aspect of the investigation of offenses is? 2) 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? 9) 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. 8) 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. 8) 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. 16) 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 ... 4) 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 inter-rogation;
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
► 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 I 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.
VOCABULARY
| magistrate | мировой судья | advisory committee | консультативный комитет |
| minor | мелкий | stipendiary | оплачиваемый |
| nuisance | нарушение покоя, вред | attend | обслуживать |
| assault | нападение | exceed | превышать |
| lay | непрофессиональный | juvenile | несовершеннолетний |
| Lord Lieutenant | главный мировой судья графства | homicide | 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 ... 11) 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 ...
► Ex. VI. Choose one topic to speak about
a) lay magistrates;
b) stipendiary magistrates;
c) legally qualified clerks;
d) magistrates' court.
Retell the text “Criminal procedure in England”.
UNIT 25
► Ex. I. Scan through the text Restore the word order in the questions that follow and answer them.
Criminal procedure in the United Statesfollows 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 m 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.]
VOCABULARY
| procedure | процедура | warrant | подтверждать |
| misdemeanour | судебно-наказуемый проступок | return an indictment | выносить обвинительный акт |
| felony | фелония (категория тяжких преступлений, по степени опасности находящаяся между государственной изменой и мисдиминором) | deliberations | обсуждения |
| bail | передача на поруки; залог | proceedings | процессуальные действия |
| on behalf of | от имени кого-либо | in private | при закрытых дверях |
| bailsman | поручитель | settle | урегулировать |
| charge | назначать | plea bargain | сделка о признании вины (в наименее тяжком из вменяемых обвинением преступлений) |
| grand jury | большое следственное жюри (коллегия из 12-23 присяжных, решающая вопрос о предании обвиняемого суду) | plead guilty | признать себя виновным |
| examine | расследовать (в суде) |
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? 5) 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 termis "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 ... 9) 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...