What's the history?

Young offenders received cruel treatment in the past. In the 18th and 19th century, children were treated exactly the same as adults by the justice system and were thrown in prison, sentenced to death and hanged, or transported[3]. Parkhurst prison, on the Isle of Wight, opened in 1838 as a prison for boys aged between 10 and 18 years, and used punishments such as leg irons[4] and whipping[5].

Things changed when the Liberals came to power in 1908, abolishing prison for children and setting up special juvenile courts[6]. By 1933, things had progressed so far that it was the job of the courts to look after the welfare[7] of children and not punish them.

The Criminal Justice Act 1991 replaced the juvenile courts with the youth courts, and these now deal with offenders under the age of 18 years, whereas the juvenile courts handled cases involving children up to the age of 14 years. Juvenile courts handled care proceedings[8] as well as criminal cases. However, the Children Act 1989 transferred care proceedings to the family courts.

Answer the questions.

1. What is the basic principle of the Youth Court work?

2. When can young criminals be tried in the Crown Court?

3. What is the age of criminal responsibility in Scotland?

4. Can children be tried by juries?

5. Who are the judges in the Youth Court?

6. How were children punished in the 18th and 19th century?

Read the text about the US court system and answer the questions.

1. Give a definition of “jurisdiction”. What aspects does it have?

2. From which document do the federal courts receive their jurisdiction?

3. What does the territorial jurisdiction mean?

4. Which basic principle of American government determines America’s dual court system?

5. Why cannot a verdict of non-guilty be appealed?

BASIC PRINCIPLES OF THE AMERICAN COURTS

American courts present a complex and often confusing variety of names, functions and types. However, there are three basic principles underlying their organization: jurisdiction, dual[9] court system, and distinction between trial and appellate courts.

Court system is largely determined by the legal limitations on the types of cases a court may hear and decide. The power of the court to try a certain type of cases is called the court’s jurisdiction. Constitutions, statutes and court decisions define a court’s jurisdiction. The authorization[10] for the federal court system is found in Article III of the US Constitution. State and municipal courts receive their power from their state constitutions and state statutes. Jurisdiction contains three aspects: territorial, personal, and subject matter[11]. Courts are authorized to decide disputes arising within specified political boundaries (a city, a county[12], a group of counties).

America has a dual court system: two independent but interrelated[13] judicial schemes, one at the national level and the other at the state. The dual court system reflects the federal system of government in the United States, which divides powers between the national government and the state governments.

Another key element of court structure is the division between trial and appellate courts. The principal difference between a trial and an appeal is that a trial focuses on facts, whereas an appeal focuses on correctly interpreting the law. Practically all cases, whether civil or criminal, begin in a trial court. Because only trial courts hear disputes over facts, it is only in trial court that witnesses appear[14]. The decision of a judge (or jury) about a factual dispute normally cannot be appealed. The losing party in the trial court generally has the right to request[15] an appellate court to review the case. In criminal cases, however, the constitutional protection against double jeopardy[16] does not allow the prosecutor to appeal if the judge or jury has returned a verdict of not guilty.

Module 2

READING

Before you read the text decide if the statements below are true or false. Don’t look in the text for answers.

1 In the United States, people break state laws more often than federal laws.

2 Criminal procedures are different for children and adult offenders.

3 If a child commits a serious offence, he or she may be sent to a prison for adult criminals.

4 The US constitution gives every defendant a right to choose between a jury trial or a bench trial[17].

5 In American courts, sentences are always given by judges, not by juries.

6 In the United States, people may be sentenced to death in all states.

Now readthetext quickly to check your answers in 1.

Depending on the crimes people commit, they may break a federal law, a state law, or both. However, the great majority of crimes committed in the United States are state crimes. Prosecutions of serious crimes (felonies) are more complicated than prosecutions of less serious offenses (misdemeanors). Criminal laws and procedures vary from state to state, but in general the following actions take place when children and adults break the law.

Дата добавления: 2015-10-30