Criminal Cases
A criminal case is brought by the state or by a city or county against a person or persons accused of having committed a crime. The state, city, or coiinty is called the plaintiff; the accused person is called the defendant. The chargc against the defendant is called an information or a complaint. The defendant has pleaded not guilty and you should presume the defendant's innocencc throughout the entire trial unless the plaintiff proves the defendant guilty. The plaintiff's burden of proof is greater in a criminal case than in a civil case. In each criminal case you hear the judge will tell you all the elements of the crime that the plaintiff must prove; the plaintiff must prove each of these elements beyond reasonable doubt before the defendant can be found guilty. In criminal cases the verdict must be unanimous, that is, all jurors must agree that the defendant is guilty in order to overcome the presumption of innocence. TASK 2. Find in the text above the English equivalents for the following words and expressions: 1. заявление об обвинении 2. элеме*тт (состава) преступления 3. презумпция невиновности 4. показания (2) истец 6. судебное разбирательство (3) 7. частные лица 8. денежная компенсация ущерба 9. единогласное решение присяжных 10. наличие более веских доказательств 11. письменные объяснения, возражения ответчика по делу 12. ответчик 13. встречный иск 14. бремя доказывания 15. ответственность за ущерб 16. подать иск / возбудить дело 17. заслушать показания 18. заявить о своей невиновности TASK 3. Translate the following definitions into Russian: DEFENDANT — (crim.) person charged with a crime; (civ.) person or entity against whom a civil action is brought. ACTION — proceeding taken in court synonymous to case, suit, lawsuit PREPONDERANCE OF EVIDENCE — the weight of evidence presented by one side is more convincing to the trier of facts than the evidence presented by the opposing side. PLAINTIFF — the party who begins an action, complains or sues. COUNTERCLAIM — claim presented by & defendant in opposition to the claim of the plaintiff. COMPLAINT — (crim.) formal written charge that a person has committed a criminal offence; (civ.) initial document filed by a plaintiff which starts the claim against the defendant. TASK 4. Match the following English expressions with their Russian equivalents:
TASK 5. The word DEFENDANT has the following meanings in ■Russian: 1) ответчик civil defendant — ответчик 2) обвиняемый bailed defendant — обвиняемый шш подсудимый, освобождённый (из-под стражи) под залог 3) подсудимый judgement for the defendant — судебное решение в пользу ответчика или подсудимого 4) подзащитный representation of defendant — представительство интересов подзащитного или подсудимого Match the following English expressions with their Russian equivalents:
TASK 6. Answer the following questions: 1. What is a civil case? 2. Who is a -plaintiff? 3. Who is a defendant? ' 4. What is a compfaint? 5. What is an аязшег? 6. What is a counterclaim? 7. What is a burden of proof1. 8. What is a criminal case? 9. What is preponderance of evidence? 10. How many jurors are necessary to agree upon the verdict in a criminal case? 1L Who is the plaintiff in a criminal case? 12. What is meant by the presumption of innocence? TASK 7. Study the article below and decide the following: 1. What are the names of the plaintiff and the defendant in the lawsuit? 2. What was the issue at the heart of the dispute? 3. What were the claims of both parties? 4. How did the Random House editor describe the manuscript? 5. How did Joan Collins' attorney build up the defence? 6. What was the jury's verdict? Joan Collins Has Starring Role in Lawsuit
Reuter and Associated Press NEW YORK British actress Joan Collins made her debut Tuesday in a New York courtroom, battling publishing giant Random House over a multimillion-dollar book contract, Random House is suing Collins, demanding the return of a $1,2 million advance paid to her for manuscripts it claims were unfinished and unpublishable, Collins, best known for playing the scheming Alexis Carrington in the television series Dynasty, has countersued for $3.6 million she claims the publishing house still owes her. Collins said she "felt completely shattered and let down" by the. lawsuit. "It has seriously upset my writing career and my reputation,11 she said. The dispute centered on a simple question: what is a completed manuscript? Delivering the opening argument for Random House, attorney Robert Callagy said Collins had not met the terms of her contract and had to return the advance money. "Miss Collins should be treated like any other person," Callagy said, "If you sign the contract, you must perform." Former Random House editor Joni Evans testified that in 1991, when she first read Collins' manuscript, she felt 'alarmed'. "It just wasn't working in any shape or form/' said Evans, now a literary agent. "It was no good. It wasn't grounded in reality. It was dull, primitive and rough. It was cliched in plot," Collins' attorney, Kenneth David Burrows, argued that the actress had submitted two complete manuscripts, A Ruling Passion, written in 1991 at her home in France, and a second manuscript with the working title Hell Hath No Fury. Thus she had turned in the required number of words and therefore had complied with the contract. He also said Random House should have provided her with editing and advice but instead it was trying to avoid meeting its obligations- He argued earlier that under the 1990 book deal she was guaranteed the money even if the publisher rejected the book. Verdict. The jury decided that Collins had completed one manuscript in compliance with her contract. But Random House did not have to pay her for the second manuscript because it was merely a rehashing of the first one and not a separate piece of work. The verdict meant Collins could keep the advance and collect more from Random House, though how much more remained in dispute.
RQLE-PLA Y Is Justice Done? .Rote play the Joan Collins trial STEP I. Write down the speeches for the opening and closing arguments of the parties1 attorneys. STEP 2,.Roie play the trial: 'the lawyers' deliver their speeches; 'the defendant' testifies in court. STEP 3. The rest of the group — the jurors — deliberate the evidence and bring in a verdict of their own. I _______________;______________;______________ J л It's Interesting to Know Curious Wills • When Margaret Montgomery of Chicago died in 1959, she left her five cats and a $15,000 trust fund for their care to a former employee, William Fields. The will stipulated that Fields was to use the trust income solely for the cats' care and feeding, including such delicacies as pot roast meat If, however, he outlived all the cats, Fields would inherit the trust principal Nine years later the last cat, Fat Nose, died at 20, and Fields, 79, was $15,000 richer. • Charles Vance Millar, a who died a bachelor in 1926, bequeathed the bulk of his fortune to whichever Toronto women gave birth to the largest number of children in the 10 years after his death. Four women eventually tied in the 'stork derby7 that followed the publication of his wilL Each had 9 children t and they shared between them $750,000. A fifth woman who had 10 children was ruled out because 5 were illegitimate. • One of the world's shortest wills was left by an Englishman named Dickens. Contested in 1906 but upheld by the courts, it read simply; "All for mother".
• A 1 9ft-century London tavernkeeper left his property to his wife — on the condition that every year, on the anniversary of his death, she would walk barefoot to the local market, hold up a lighted candle, and confess aloud how she had nagged him. The theme of the confession was that if her tongue had been shorter, her husband's days would have been longer. If she failed to keep the appointment, she was to receive no more than 20 pounds a year, just enough to live on. Whether the wife decided to take the bigger bequest or spare herself humiliation is not known. UNIT 6. STEPS OF THE TRIAL TASK 1. Read the following text and write down Russian equivalents for the words and expressions in bold type: What Happens During the Trial Events in a trial usually happen in a particular order, though the order may be changed by the judge. The usual order of events is set out below. Step 1. Selection of the Jury. Step 2. Opening Statements, The lawyers for each side will discuss their views of the case that you are to hear and will aJso present a general picture of what they intend to prove about the case. What the lawyers say in their opening statements is not evidence and, therefore, does not help prove their cases. Step 3» Presentation of Evidence. All parties are entitled to present evidence. The testimony of witnesses who testify at trial is evidence. Evidence may also take the form of physical exhibits, such as a gun or a photograph. On occasion, the written testimony of people not able to attend the trial may also be evidence in the cases you will hear. Many things you will see and hear during the trial are not evidence. For example, what the lawyers say in their opening and closing statements is not evidence. Physical exhibits offered by the lawyers, but not admitted by the judge, are also to be disregarded, asis testimony that the judge orders stricken off the record. Many times during the trial the lawyers may make objections to evidence presented by the other side or to questions asked by the other lawyer. Lawyers are allowed to object to these things when they consider them improper under the laws of evidence. It is up to the judge to decide whether each objection was valid or invalid, and whether, therefore, the evidence can be admitted or the question allowed. If the objection was valid, the judge will sustain the objection If the objection was not valid, the judge will overrule the objection. These rulings do not reflect the judge's opinion of the case or whether the judge favours or does not favour the evidence or the question to which there has been an objection. It is your duty as a juror to decide the weight or importance of evidence or testimony allowed by the judge- You are also the sole judge of the credibility of witnesses, that is, of whether their testimony is believable. In considering credibility, you may take into account the witnesses' opportunity and ability to observe the events about which they are testifying, their memory and manner while testifying, the reasonableness of their testimony when considered in the light of all the other evidence in the case, their possible bias or prejudice, and any other factors that bear on the believability of the testimony or on the importance to be given that testimony. Step 4. The Instructions. Following presentation of all the evidence, the judge instructs the jury on the laws that are to guide1 the jury in their deliberations on a verdict. A copy of the instructions will be sent to the jury room for the use of jurors during their deliberations. All documents or physical objects that have been received into evidence will also be sent to the jury room. Step Closing Arguments. The lawyers in the closing arguments summarize the case from their point of view. They may discuss the evidence that has been presented or comment on the credibility of witnesses-The lawyers may also discuss any of the judge's instructions that they feel are of special importance to their case. These arguments are not evidence. Step 6. Jury Deliberation. The jury retires to the jury room to conduct the deliberations on the verdict in the case they have just heard. The jury first elects a foreman who will see to it that discussion is conducted in a sensible and orderly fashion, that all issues are fully and fairly discussed, and that every juror is given a fair chance to participate When a verdict has been reached, the foreman signs it and informs the bailiff. The jury returns to the courtroom, where the foreman presents the verdict. The judge then discharges the jury from the case. TASK 2. Find in the text above the English equivalents for the following words and expressions: 1. вступительная речь 2. заключительная речь 3. надёжность свидетеля " 4. зачитать вердикт 5. правомерный протест 6. принять, поддержать протест 7. вычеркнуть из протокола 8. удалиться в комнату для совещаний присяжных 9. совещание присяжных 10. старшина присяжных 11. свидетельские показания 12. отклонить протест TASK 5. Answer the following- questions: 1. What are the steps of a trial? 2. What can be considered evidence? 3. What is a physical exhibit? 4. What are objections? 5. When can objections be made? 6. Who can sustain or overrule an objection1 7. What does the judge say in the instructions? 8. Who presents closing arguments? 9. What happens during jury deiiberatxons? TASK 4, Render the /оЦогштгд text into SngZisft. paying spccfai attention to the u>ords and expressions given in bold type: Прения сторон Прежде чем исследованные в предшествующей стадии судебного разбирательства материалы дела будут анализироваться в совещании присяжных, они обсуждаются в процессе судебных прений, где государственный обвинитель и защитник, используя профессиональные знания и навыки, восстанавливают связь между доказательствами, позволяя судьям от общества сделать свободный выбор между обвинением и оправданием подсудимого. Позиции обвинения и защиты в суде присяжных строятся не только на основе принципа состязательности;, но и на основе принципа презумпции невиновности: невиновность подсудимого предполагается, а виновность доказывается обвинителем. Судья вправе прервать речь, возражение или замечание стороны, если в них содержатся: а сведения, не имеющие прямого отношения к делу; • обстоятельства, оскорбительные для чьей-либо чести и достоинства; л данные, не проверенные в ходе судебного следствия; «ссылки на исключенные из дела доказательства; • сведения о прежней судимости обвиняемого; «иные обстоятельства, влияющие на объективность присяжных. Судья в своем напутственном слове объясняет присяжным заседателям, что при вынесении вердикта они должны: » руководствоваться здравым смыслом; 9 руководствоваться принципом презумпции невиновности, согласно которому подсудимый не обязан доказывать свою невиновность: бремя доказывания вины подсуди- мого лежит на государственном обвинителе; «оценивать исследованные в суде доказательства (показания подсудимого, потерпевшего, свидетелей, заключения экспертов и дрО в их совокупности, согласовывая их одно с другим; • не принимать во внимание доказательства, вычеркнутые из протокола; • не воспринимать как доказательства доводы, прозвучавшие в речах сторон. TASK 5. Translate the following text into Russian: Verdict Verdict, in law, is the pronouncement of the jury upon matters of fact submitted to them for deliberation and determination. In civil cases, verdicts may be either general or special. A general verdict is one in which the jury pronounces generally upon all the issues, in favor of either the plaintiff or the defendant. A special verdict is one in which the jury reviews the facts, but leaves to the court any decisions on questions of law arising from those facts. As a rule, however, special verdicts are not applicable to criminal cases, and in most instances the jury renders a general verdict of "guilty" or "not guilty." Generally, the jury's verdict must be unanimous. In a number of states, however, the condition of unanimity has been modified, and verdicts can consequently be rendered by a designated majority of the jury. All jury members must be present in court when the verdict is given. In criminal cases a verdict of acquittal is conclusive upon the prosecution (the state), thus precluding double jeopardy, but the defendant may be tried again in the event the jury cannot reach a decision. The defendant must be present when the verdict is rendered. TASK 6. Match the following English, expressions unth their Russian equivalents:
1) final verdict 2) general verdict 3) special verdict 4) to attain/reach/return/ bring in a verdict 5) unanimous verdict b) verdict of acquittal 7) verdict of conviction 8) verdict of guilty 9) verdict of non-guilty 10) wrong verdict 11) to agree to/upon a verdict a) вердикт о виновности b) вердикт о невиновности c) вердикт об оправданий d) вердикт об осуждении e) вынести вердикт f) генеральный вердикт, вердикт по существу дела g) окончательный вердикт h) ошибочный вердикт 1} прийти к соглашению относительно вердикта j) вердикт, вынесенный единогласно к) специальный вердикт (решение присяжными частного вопроса)
TASK 7, Render the following text into English paying special attention to the words and expressions given in bold type: Вердиктом является решение коллегии присяжных заседателей по поставленным перед ней вопросам, включая основной вопрос о виновности подсудимого. Присяжные выносят вердикт • без постороннего влияния, удалившись в совещательную комнату; • открытым голосованием, причем никто не вправе воздержаться от принятия решения; » путем единогласного решения, или большинством голосов; • ответы даются по каждому вопросу отдельно. Руководит совещанием присяжных старшина, который последовательно ставит на обсуждение подлежащие разрешению вопросы, проводит голосование, ведет подсчет голосов. TASK S: Revise your knowledge of the work of juries, Fill in the gaps in the following sentences: 1. A juror should keep an open _________ all through the trial. 2. You become a potential juror after your name is selected 142 Just English. Английский для юристов '_________ from voters registration ________________________________. 3. A crime of graver nature than a misdemeanour is a___________________.4. To _________ somebody means to find a person not guilty in a trial. 5, Civil cases are usually disputed between or among _ > corporations or other organizations. 6. The_________________ of jury doesn't need to be______________ in civil cases. 7. The____________ keeps track of all documents and exhibits in trial being the judge's assistant, 8, The job of a juror is to listen to_________________ and to decide___________, 9. One who is engaged in a lawsuit is called a >10. Process by which a lawyer questions a witness called to testify by the other side is i. 11. "___________ is a phrase meaning "to speak the truth3'. 12. A juror should not be influenced by sympathy or________________.13. A juror should not express his ' to other jurors before___________ _____ begin 14. Formal accusation of having committed a criminal offence is a____________, 15. To be a good juror you should use your __________ and be 16. The third stage of a trial is ______________, 17, When a ______ has been reached the judge____________ the jury from the case. 18. A member of jury panel must___________ an______ promising to answer all questions truthfully. 19. To be eligible, you must: be __________, _____________, able to________________, and if you ever ___________________, you must have your____________________. 20, Compromise agreement by opposing parties, eliminating the need for the judge to resolve the controversy is called___________________. 2L Trier of facte is a__________ or, in a non-jury trial — a__________. 22. People who don't meet certain______________________ may be _______ from jury service. 23. Lawyers for each side are allowed to______________ when they consider something done improper under the _____ of evidence. 24, Attorney who represents the defendant is a_____________. 25. is any statement made by a witness under_______ __________ in legal proceedings. 26, _______________ , means that the lawyer doesn't have to state a _______ for asking the juror to be excused. 27. The party bringing the suit is called a ______ ____. 28. The fifth step of a trial is called______________________, when the lawyers ____________ the case from their_________ of view. 29. The lawsuit is started by filing a paper called a ______. 30. The defendant's innocence is_________ unless he is proved___________. 30. It is up to judge to decide whether each__________________ is valid or _____________. 31, Following the_______ of evidence, the judge gives _____________ to the jurors on the laws that are to guide them in their____________ on а _______ * 32. А________ case is brought by the state or the city against a person or persons accused of_______________ a crime. 33. In ______ cases people who have been__________ may sue a person or a company they feel is responsible for __________ 34. If the defendant has_______ not guilty, the prosecution must prove his guilt to overcome the __________________. 35. The___________ elected by the jury should provide that_______________ is conducted in orderly fashion 36._______________ __ is a request by a party to excuse a specific juror for some reason. 37. The______________ in trial decides the law, i.e, makes decisions on legal_________. 38. Most often in civil cases the party bringing the ____ is asking for money_______________. UNIT 7. THE VALUE OF JURIES Falling Bastion? How valuable is the jury in modern times? This is a very controversial question. On the one hand the jury has much ancient history behind it (though some scholars have argued it is more mythology than true history) as a bastion of the liberty of the subject against repressive governments, To a minor degree the jury can, and occasionally still does, play this role. The jury system is the ordinary citizen's link with the legal process. It is supposed to safeguard individual liberty and justice because a commonsense decision on the facts either to punish or acquit is taken by fellow citizens rather than by professionals. But the system has been criticized because of its high acquittal rates; allegedly unsuitable or subjective jurors; intimidation of jurors; and administrative reason for saving time and costs, Throughout the world the use of jury trials is limited. The French Revolution initiated trial by jury in continental Europe, and this spread to other civil-law countries, but only for criminal trials. In the 20th century jury trials have been abandoned or eliminated in most civil-law countries. Jury trials survive primarily in the common-law countries, above all, the United States. Even there and in England jury trial has declined in favor of trial by judge. Many critics urge the curtailment or elimination of the jury trial as an amateurish and inefficient method of determining a legal issue. Critics would like to replace the jury with panels of experts in relevant fields. But, after widespread opposition to such proposals, it seems as though the jury will continue in its present form. TASK 1. Answer the following questions: 1. Why is jury called 'the bastion of liberty'? 2. Why has the jury system been criticized? 3. In what countries is the jury system used? Why? TASK 2, Comment on the follvuoing quotations, Which of them are for or against the jury system? Give your grounds: Words of Wisdom About Jury Service The jury, passing on the prisoner's life, May have in the sworn twelve a thief or two Guiltier than him they try, William Shakespeare Our civilization has decided... that determining the guilt or innocence of men is a thing too important to be trusted to trained men... When it wants a library catalogued, or the solar system discovered, or any trifle of that kind, it uses up its specialists. But when it wishes anything done which is really serious, it collects twelve of the ordinary men standing round. The same thing was done, if I remember right, by the Founder of Christianity. G. K, Chesterton "Write that down/' the King said to the jury, and the jury eagerly wrote down all three dates on their slates, and then added them up, and reduced the answer to shillings and pence. Lewis Carroll I consider trial by jury as the only anchor ever yet imagined by man, by which a government can be held to the principles of its constitution. Thomas Jefferson It's not only the juror's right, but his duty to find the verdict according to his own best understanding, judgement, and conscience, though in direct opposition to the direction of the court John Adams Providing an accused with the right to be tr ied by a jury of his peers gave him an inestimable safeguard against the corrupt or overzealous prosecutor. Justice Byron White TASK 3, Read the article describing the current debate on jury system in the UK: Jury System Reform Defeated in Parliament
In 1999 the UK Home Secretary Jack Straw unveiled plans to limit the right to trial by jury. In the UK defendants in certain cases can choose whether they want a trial by magistrates or by judge and jury. The Home Secretary said, "England and Wales has the only jurisdiction system where defendants have the right to choose their court. In addition, trial by) ury is a mor e e xpensive process than a hearing by magistrates," Defending the proposed legislation, Mr. Straw said that it would streamline the criminal justice system, save 123 million pounds a year and prevent some defendants from "working the system". The jury trial in its modern form stems back to 1355, Serious crimes are automatically heard by a jury as well as a wide range of middle- ranking offences such as theft and handling stolen goods. There were plans to abolish jury trials for complex fraud cases. The Home Office pointed out the huge cost of such cases to the taxpayers and the strain on judges, juries and defendants. The government argued that some defendants abuse the current system MAGISTRATES (Justices of the Peace or JFs) are judicial officers who judge cases in lower courts. They arc usually unpaid and have no formal legal qualifications, but they are respectable people who are given some training. V_________________________ J delaying their trial by pleading not guilty in order to get a trial by jury, then changing their plea at the last moment in order to get a more lenient sentence. In both chambers of Parliament, however, the legislation was condemned as unjust, and the bill described as "one of the worst pieces of legislation to come for many years". The majority of the MPs in the #ouse of Commons voted against the proposals to allow magistrates to decide whether defendants accused of lesser offences should be entitled to jury trial. The Lords also condemned the bill as bringing in a two*-tier system in which the rich would be able to defend their reputation but the poor would not. Opponents of the bill believe it would have restricted a fundamental right to jury trial by profession, civil liberties groups, one's peers and would erode opposition parties and the Lords public confidence in the criminal rejected Jack Straw's policy, justice system. The legal TASK 4. Answer the following questions: 1, What was the subject matter of the bill proposed by the UK Home Secretary? 2, What were the reasons for introducing this bill? 3, What crimes do juries in England and Wales deal with? 4* In your opinion, why were there plans to abolish jury trials for complex cases? 5. Why was the legislation rejected by both Houses of Parliament? Explain the position of the Commons and the Lords. 6. Why would the poor suffer from this kind of legislation? TASK 5. Study the opinion poll on the UK government initiative to limit the right to trial by jury, Which- of these opinions are for f against the jury system? The new bill is considered to be the beginning of the end for Britain's ancient jury system* The members of the public were asked a question "Do you believe it is the fairest system available or is it old-fashioned and in need of reform?" It's clear that the system is far from ideal. Juries of ordinary people are by their very nature more influenced by emotion than facts because they aren't trained to deal with these. That being said, magistrates are probably not that much better placed to do so. John Cahill) UK The right for a suspect to have a jury has been welded into English law for hundreds of years. What right has Straw to deny people this basic right? Nick, England Flawed as the jury system is, the right to be judged by one's peers is not something that should be tossed aside lightly, and certainly not on the grounds of expense. Kit., UK As a retired Cop I can tell you that the rule is this: if you are guilty get a good lawyer and a jury. If you are innocent you would have a better chance with a judge only. Ту Northcutt, USA In real life it doesn't make much difference whether you opt for trial by jury or trial by magistrates. In the Netherlands there is no trial by jury whatsoever, still I cannot see any signs of a despotic police state looming above the horizon, democracy going to pot, or personal freedom going down the drain, Frank Drop; The Netherlands If a defendant is tried by a true 'jury of his peers', then a jury trial would perhaps result in justice. If, as is currently true in the United States, and possibly also in the UK, a jury is selected from people who are not peers of the defendant, who know nothing of the case, and have nothing better to do with their time then a jury trial becomes a two-ring circus- The ring which produces the best performance wins. Justice is incidental. It becomes all about winning. Jim, USA The idea of 12 good men/women is.flawed. The jury system is a lottery and you have no guarantee that the people have an adequate grasp of the concepts involved. The courtroom is a forum for a display of semantics by lawyers and too many people are misled by it. Lucas, UK Trial by jury is part of what the English-speaking nations of the world understand by democracy. The ordinary people don't only decide who shall write the laws, by electing the MPs, they also decide, by serving on juries, against whom those laws shall be applied. If you argue that they are incompetent to do the latter, then by the same token you are in fact arguing that they are incompetent to do the former. T. D. Erikson, UK Although a jury by one's peers may have its flaws, I can think of no better or less flawed system available. Sure, it may be expensive, but since when has there been a price tag on justice? If somebody can come up with a better non-biased judicial system then please feel free. But until then, I see no better alternative. Frederick Seal, USA There seems to be a continual erosion of our judicial system. It's another step towards justice by decree. Magistrates are essentially illegitimate: they are not elected, nor randomly chosen; they are appointees of the State. Their use should be restricted to very minor cases. The right to be judged by one's peers is ancient and fundamental Justice dispensed by 'experts' or officials is abhorrent Mark Parker, UK The people need to be involved in the justice system. No juries, only appointed judges? I don't think so. Joyce Cross, USA Having worked as a Barrister's Clerk for some time I have come to the conclusion that jury trials do not always result in justice. Most criminals are accomplished liars, resulting in many juries being lead astray from the truth. As a result justice is not reached Hannah Bell, England Ask many innocent victims of this flawed system. The law is a complex business and best left to those who have devoted their lives to studying it. Replace juries drawn from ordinary people with teams of professional jurors trained and qualified to perform the function. John, England DEBATE Do Juries Deliver Justice? Express your opinion on the question above. Prepare your arguments for or against. Divide into two groups — pro and с on, and conduct a debate. Appoint the 'Chair1 of the debate who will give the floor to the speakers of both teams. Use the active vocabulary from the Unit It's Interesting to Know Cyber Justice An artificial-intelligence program called the Electronic Judge is dispensing justice on the streets of Brazilian cities. The program is installed on a laptop carried by a human judge and helps to assess swiftly and methodically witness reports and forensic evidence at the scene of an incident. It then issues on- the-spot fines and can even recommend jail sentences. It is part of a scheme called 'Justice-on-Wheels', which is designed to speed up Brazil's overloaded legal system by dealing immediately with straightforward cases. Most people are happy to have the matters sorted out on the spot, says the program's creator, who sits in the state's Supreme Court of Appeals. He adds that the idea is not to replace judges but to make them more efficient After police alert the rapid justice team to minor accidents, they can be on the scene within 10 minutes. Most cases require only simple questions and no interpretation of the law — the decision-making process is purely logical The program presents the judge with multiple choice questions, such as "Did the driver stop at the red light?" or "Had the driver been drinking alcohol above the acceptable limit of the law?" These sorts of questions J need only yes or no answers. The program gives more than a simple judgement: it also prints out its reasoning. If the human judge disagrees with the decision it can simply be overruled. Some people who have been judged by the program do not realise that they have been tried by software.
It could be some time before a similar system takes the place of an English court. "It would have to satisfy the authorities that it was absolutely foolproof first," says a spokesman for the Lord Chancellor's office, which oversees courts in England and Wales. But it could be put to use in the U.S., where the discussion is under way to set up a mobile system to resolve disputes over traffic accidents. ч Chapter V IMPRISONMENT: RETRIBUTION OR REHABILITATION? UNIT 1. PENAL AND CORRECTIONAL INSTITUTIONS THROUGHOUT HISTORY BRAINSTORM 1. What role do correctional institutions play in the modem society? 2. Which of the following words refer to: a) goals of punishment b) correctional institutions:
» Cell • Custody 9 Deterrent • Imprisonment • Incarceration • Isolation • Jail/Gaol • Penitentiary • Penitence «Penology • Prison • Reformation • Reformatory • Rehabilitation • Retribution • Solitary confinement
4. TASK 1. Read the following text and write down Russian equivalents for the words and expressions given in bold type: Development of the Prison System A prison is an institution for the confinement of persons convicted of major crimes or felonies. In the 19th and the 20lh centuries, imprisonment replaced corporal punishment, execution, and banishment as the chief means of punishing serious offenders. Historically exile, execution, and various forms of corporal punishment were the most common penalties for criminal acts. In the 12th century England jails were widely used as places for the confinement of accused persons until their cases could be tried by the king's court. Imprisonment gradually came to be accepted not only as a device for holding persons awaiting trial but also as a means of punishing convicted criminals. During the 16th century a number of houses of correction were established in England and on the continent for the reform of minor of fenders.. In these institutions there was little segregation by age, sex, or other condition. The main emphasis was on strict discipline and hard labour. Although reformation of offenders was intended in the houses of correction, the unsanitary conditions and lack of provisions for the welfare of the inmates soon produced widespread agitation for further changes in methods of handling criminals. Solitary confinement of criminals became an ideal among the rationalist reformers of the 18th century, who believed that solitude would help the offender to become penitent and that penitence would result in reformation. Meanwhile, strenuous opposition to the prolonged isolation of prisoners developed very early, especially in the United States. A competing philosophy of prison management, known as the 'silent system' was developed The main distinguishing feature of the silent system was that prisoners were allowed to work together in the daytime. Silence was strictly enforced at all times, however, and at night the prisoners were confined in individual cells- Further refinements were developed in Irish prisons in the rnid- 1800s. Irish inmates progressed through three stages of confinement before they were returned to civilian life. The first portion of the sentence was served in isolation. Then the prisoners were allowed to associate with other inmates in various kinds of work projects. Finally, for six months or more before release, the prisoners were transferred to 'intermediate prisons', where inmates were supervised by unarmed guards and given sufficient freedom and responsibility to permit them to demonstrate their fitness for release. Release was also conditional upon the continued good conduct of the offender, who could be returned to prison if necessary. These were the steps made to fit the severity of the punishment to the severity of the crime, in the belief that the existence of clearly articulated and just penalties would act as a deterrent to crime. Since then, deterrence, rather than retribution, has become a leading principle of European penology. TASK 2. Answer the following questions: L What is a prison? 2. What were the means of punishing offenders before the 19th century? 3> What was the purpose of jails in the 12th century England? 4. What were the main features of houses of correction in the 16th century? 5. Why did the rationalist reformers of the 18th century seek to establish solitary confinement of criminals? 6. What is the 'silent system'? 7. What were Irish prisons like in the mid-1800s? Just English. Английский для юристов TASK 3. Read the text below and answer the following questions: 1. What are the purposes of incarceration? 2. How are these purposes obtained? 3. What three categories of prisons are described in the text? 4. What is the general principle of confining offenders into different kinds of prisons? Present-day Penal Institutions Modern prisons are quite diverse, but it is possible to make some generalisations about them. In all but minimum-security prisons, the task of maintaining physical custody of the prisoners is usually given the highest prioiity and is likely to dominate all other concerns. Barred cells and locked doors, periodic checking of cells, searches for contraband, and detailed regulation of inmates' movements about the piison are all undertaken to prevent escapes. In order;o forestall thievery, drug and alcohol use, violent assaults, rapes, and other types of prison crime, the inmates are subjected to rules governing every aspect of life; these do much to give the social structure of the prison its authoritarian character. The need to maintain security within prisons has prompted many countries to separate their penal institutions into categories of maximum, medium, and minimum security. Convicted offenders are assigned to a particular category on the basis of the seriousness or violent nature of their offence, the length of their sentence, their proneness to escape, and other considerations. Within a prison, the inmates are often classified into several categories and housed in corresponding cellblocks according to the security risk posed by each individual. Younger offenders are usually held in separate penal institutions that provide a stronger emphasis on treatment and correction.
Prisons generally succeed in the twin purposes of isolating the criminal from society and punishing him for his crime, but the higher goal of rehabilitation is not as easily attained. An offender's time in prison is usually reduced as a reward for good behaviour and conscientious performance at work. The privilege of receiving visits from family members and friends from the outside world exists in almost all penal systems. TASK 4, Find in the text above the English equivalents for the following words and expressions: 1. заключённый 2. нападение с применением насилия 3. некарательное воздействие и исправление 4. осуждённый 5. реабилитация личности преступника 6. тюрьма с максимальной изоляцией заключённых 7. тюрьма с минимальной изоляцией заключённых: 8. тюрьма со средней степенью изоляции заключённых TASK Explain the meaning of the follouring words and expressions. Make up sentences of your own: • conscientious performance at work • proneness to escape • security risk • to forestall thievery • to give smth. the highest priority • to maintain security within prisons TASK 6. March the following English expressions with their Russian equivalents:
The Tower of London Founded nearly a millennium ago and expanded upon over the centuries since, the Tower of London has protected, housed, imprisoned and been for many the last sight they saw on Earth. It has been the seat of British government and the living quarters of monarchs, the site of renowned political intrigue, and the repository of the Crown Jewels. It has housed lions, bears, and (to this day) flightless ravens, not to mention notorious traitors and framed members of court, lords and ministers, clergymen and knights. In the Middle Ages the Tower of London became a prison and place of execution for politically related crimes, with most captives being put to death (murdered or executed). Among those killed there were the humanist Sir Thomas More (1535); the second wife of Henry VIII, Anne Boleyn (1536). Other notable inmates included Princess Elizabeth (later Elizabeth I), who was briefly imprisoned by Mary I for suspicion of conspiracy; the infamous conspirator Guy Fawkes (1606) and the adventurer Sir Walter Raleigh (1618). Even in the 20th century during World War I several spies were executed there by firing squad. TASK 7. Explain the meaning of the folloumig words and expressions: • a framed member of court 9 the repository • a notable inmate of the Crown Jewels • a notorious traitor * the seat of British government 9 a politically related crime 9 th& site of renowned о an infamous conspirator political intrigue TASK 8. Complete the following table with the appropriate verb or noun forms:
TASK 9. Match the names of the renowned prisoners from the box with the stories given below; Catherine Howard; Sir Walter Raleigh; Anne Boleyn; Guy Fawkes; Sir Thomas More L______ —...... —-_______________________________________ ^J Here are some of the unfortunates held within the Tower walls. __________________, the Lord Chancellor and scholar who served Henry VIII until the break with Rome, refused to acknowledge Henry VIII as supreme head of the English Church, and continued adamant when the king's subjects were required to subscribe to the oath imposed. He also protested against the divorce of Catherine of Aragon, who had given Henry only one living child, the Princess Mary. __________________ j Henry VIIPs second wife, was taken to the Tower on a charge of adultery. Before her crowning she had stayed in what is now called the "Queen's House", built below the Bell Tower in 1530. As a prisoner she returned there, Her trial took place in the medieval great hall where she was sentenced to death, ________________ was Henry VIIPs fifth wife and according to him his "very jewel of womanhood". He adored her and showered her with gifts and favours and pampered her in every way. She appointed a former admirer as her private secretary and soon rumours were being whispered at court about the Queen's misconduct Henry's immediate reaction was one of total disbelief. However, he ordered-an investigation and found that she had really been flirting behind his back. For this he could show no mercy. She went the way of her cousin Anne Boleyn; she was tried> condemned and beheaded at the Tower of London. _ _____________________ was a leading conspirator in the Gunpowder Plot to blow up Parliament. He was a Catholic convert who had served in the Spanish army before becoming involved in the plot He and his fellow conspirators were taken to the Tower and interrogated in the Queen's House. In January 1606 with three others, he was drawn on a hurdle from the Tower to the Houses of Parliament and there hanged^beheaded and quartered. _ _______________ was an explorer known for his expeditions to the Americas, and for allegedly bringing tobacco and the potato from the New World to the British Isles. A favourite of Elizabeth I, he fell thoroughly out of favour and spent 12 years in the Tower on a charge of plotting against King James I. He was released in 1610, only to find himself back there in 1618 after his fruitless expedition to look lor gold mines in Guyana. This time he was kept in one of the most cold and direful dungeons before being beheaded six weeks later. In his speech from the scaffold he thanked God that he died in the light, and not in the dark prison of the Tower. TASK 10. Read the text and write down Russian equivalents for the words and expressions given in bold type: The Bastille The Bastille was a medieval fortress on the East side of Paris that became, in the 17lh and 18th centuries, a French state prison and a place of detention for important persons charged with miscellaneous offences. The Bastille, stormed by an armed mob of Parisians in the opening days of the French Revolution, was a symbol of the despotism of the Bourbons and held an important place in the ideology of the Revolution, With its eight towers, 100 feet high, linked by walls of equal height and surrounded by a moat more than 80 feet wide, the Bastille dominated Paris. The first stone was laid on April 22, 1370, on the orders of Charles V of France, who had it built as a bastide, or fortification (the name Bastille is a corruption of bastide), to protect this wall around Paris against English attack. The Cardinal de Richelieu was the first to use the Bastille as a state prison in the 17th century. Prisoners included political troublemakers and individuals held at the request of their families, often to coerce a young member into obedience or to prevent a disreputable member from marring the family's name. Under Louis XIV, the Bastille became a place of judicial detention; and later persons being tried by the Parliament were also detained there. It is noteworthy that prohibited books were also placed in the Bastille, The high cost of maintaining the building prompted talk of demolition in 1784. On July 14, 1789, when only seven prisoners were confined in the building, a mob advanced on the Bastille with the intention of asking the prison governor to release the arms and munitions stored there. Angered by the governor's refusal, the people stormed and captured the place. This dramatic action came to symbolise the end of the ancient regime. The Bastille was subsequently demolished by order of the Revolutionary government. TASK 11. Answer the following questions: 1. When and why was the Bastille built? 2- Who was the first to use the Bastille as a state prison? 3. What was the Bastille lilce in the 17lh and 18th centuries? Who was confined there? 4. How was the Bastille demolished? TASK 12, Read the text in the section "It's Interesting to Кпош". Find more information about the research into the treatment of criminals carried out by the 18tU century humanists: . „----------------------------------- It's Interesting to Know John Howard, 1726—1790 There is in England today a society called The Howard League of Penal Reform. It is named alter one of the greatest figures in the history of law in the eighteenth century, Howard was High Sheriff of Bedfordshire when, in 1773 he started to investigate prison conditions. The thing that drew his interest was the discovery that innocent people were often held in gaol until they had paid the gaoler's fees even though the court had found them not guilty. In the next three years he visited every prison in Great Britain and Ireland as well as many in Europe and wrote a book based on his experiences called The State of Prisons. He died in Russia on his way to find out about sanitary conditions in the Russian army. Through his work and that of Elizabeth Fry prisons were at last improved and prisoners treated more like human beings than animals. Cesare Beccaria, 1738—1794 Punishment of criminals in the eighteenth century was savage, from torture to death or imprisonment, One of the first people to raise a voice against the inhumanity was Beccaria, who wrote a famous book called Concerning Crimes and Punishment He called for mercy and his pleas were heard by such people as Frederick the Great of Prussia, who was in a position to do something about unjust laws. The book was soon translated into several languages. He was one of the first people to say that the law should consider the person being tried as well ps the crime he or she has committed. 4_____________________________________________________ —s Г ^ Elizabeth Fry, 1780—1845 Until the great reforms in law, which took place in the nineteenth century, criminals were treated with great brutality. Thieves were hanged or deported, while floggings were very common and prisons were dirty and terribly overcrowded. Elizabeth Fry was one of the very few people who devoted their lives to improving the life of prisoners. She was a Norfolk Quaker who went among the criminals to understand them better and to improve the conditions in which they lived. In 1817 she formed a society for the improvement of prison conditions and started to take an interest in prisons in other countries. She was so successful in her work that she was thanked by the House of Commons for her efforts. REVIEW Sum up the information from the Unit. Add the facts and data that you have obtained during your classes of law. Make reports and present them in class. Use the patterns and the vocabulary from the Unit. UNIT 2. PRISON POPULATION TASK 2. Read the text below and answer the following questions: L What are the main categories of inmates? 2. Where are long-term prisoners usually held? 3. What is the purpose of reformatories? 4. What are open prisons? Nowadays prisoners are kept in separate institutions according to the severity of crime committed, as well as to the age, sex and other conditions. Consequently, the inmates include unconvicted prisoners, juvenile delinquents, women prisoners, recidivists and life- sentence prisoners. Most prisoners serving longer sentences are held in correctional institutions, which are usually large maximum-security buildings holding offenders in conditions of strict security. Young offenders are usually detained in reformatories, often designated under names that imply that their purpose is treatment or correction rather than punishment, Women are normally held in separate prisons. Prisoners who are not considered a danger to the community may be confined in low-security or open prisons, TASK 2. Explain the meaning of the following words and expressions; • unconvicted prisoner • juvenile delinquent • recidivist w life-sentence prisoner TASK 3. Match the following English expressions with their Russian equivalents:
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