Ex. 25. Read and say what you think about it

 

I. According to the British laws a person cannot be tried twice or more times on the same charge, if he has been tried and found not guilty he may not be brought before a court if new evidence of great importance has been obtained to prove his guilt. It seems illogical. What do you think about it?

II. The law is not something that can be changed at will (произвольно ). Laws should govern people and not on the contrary. People are equal before the law. Dura lex, sed lex (Strict is the law, but a law) — is a saying of Ancient Rome. «The law is the last result of human wisdom (мудрость) acting upon human experience for the benefit (на благо) of the public», these words belong to the celebrated English author Samuel Johnson.

In these and other sayings is reflected people's respect of law and justice. There is widespread belief that observance of laws is a guarantee against injustice.

Still, this is only one aspect of the problem. The problem is whether the social and state system of the country prevents violation of the law and guarantees the right way of administering justice. Not in every society the formula «A11 are equal before the law» is effective though it is proclaimed in constitutions.

Yet there are instances when laws are illegal themselves.

Such laws cannot be respected.

What do you think of these problems?

III. In actual practice a great number of arrests are made by the police without an arrest warrant. Arrest without a warrant is permitted in «special circumstances», such as situations in which:

1. The attempt (покушение) or actual commission of a crime occurs in the presence of a police officer.

2. There is probable cause for the police officer to believe that a crime is being committed in his presence.

3. Though the crime has not been committed in his presence, there is probable cause for the police to believe it has been committed and that a person to be arrested has done it. The courts have ruled that exceptions (исключения) to the need for an arrest are justified by the circumstances. The most basic exception is that police action is needed to prevent the commission of a criminal act. Other reasons include the realization that if the police did not act, it is highly probable that the person to be arrested would escape (сбегать), that the person would cause other people to be harmed (пострадать) or that evidence of the crime would be destroyed.

Do you agree? In what circumstances do you think the police may make arrests without warrant?

 

Ex. 26. Listening with comprehension.