Criminal Procedure

Criminal Procedure is a framework of laws and rules that govern the administration of justice in cases involving an individual who has been accused of a crime, beginning with the initial investigation of the crime and concluding either with the unconditional release of the accused or by a punishment according to a conviction for the crime.

Criminal procedures are safeguards against the misapplication of criminal laws and the improper treatment of suspected criminals. They are designed to enforce the constitutional rights of criminal suspects and defendants, beginning with initial police contact and continuing through arrest, investigation, trial, sentencing, and appeals.

The main constitutional provisions regarding criminal procedure can be found in Amendments IV, V, VI, and VIII to the Constitution. The Fourth Amendment covers the right to be free from unreasonable searches and arrests.

The right of the people to be secure in their persons, houses, papers, against unreasonable searches and seizures, shall not be violated, and no warrants shall be issued, but upon probable cause, (supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

A warrant is a paper showing judicial approval of a search or arrest. The Supreme Court has determined that the Fourth Amendment does not require a warrant for all searches; rather, it prohibits unreasonable searches. All warrantless searches are unreasonable unless they are executed according to one of several exceptions approved by the Court.

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defence.

4. Match the following English and Russian equivalents:

1) administration of justice	a) обращение с подозреваемыми
2) to be accused	b) запрещать
3) punishment	c) расследование
4) treatment of suspected criminals	d) отправление правосудия
5) defendants	e) положение
6) investigation	f) необоснованные обыски
7) unreasonable searches	g) веское основание
8) provision	h) наказание
9) probable cause	i) нарушать права
10) to violate rights	j) подзащитные
11) seizures	k) в чью-либо пользу
12) to prohibit	l) быть обвиненным
13) in one’s favor	m) изъятие, конфискация, выемка

5. Supply the missing English words in each sentence. Make use of the text:

1. Criminal procedures are designed ___ the constitutional rights of criminal suspects and defendants.

2. The Fourth Amendment covers the right to be free from ___.

3. ___ is a paper showing judicial approval of a search or arrest.

4. The Sixth Amendment addresses the procedures required ___.

5. The accused shall enjoy the right to a speedy and public trial by ___.

6. Translate the following sentences into Russian paying special attention to the modal verbs and their equivalents:

1. The main constitutional provisions can be found in Amendments IV, V, VI and VIII to the Constitution.

2. The right of the people to be secure in their persons, houses and paper against unreasonable searches and seizures shall not be violated.

3. No warrants shall be issued but upon probable cause.

4. In all criminal prosecutions the accused shall enjoy the right to be informed of the nature and cause of the accusation, to have compulsory process for obtaining witnesses in his favor.

7. Arrange the following sentences according to the logics of the text:

1. The accused shall enjoy the right to have the assistance of counsel for his defense.

2. Criminal procedure is a framework of laws and rules that govern the administration of justice.

3. The Fourth Amendment covers the right to be free from unreasonable searches and arrests.

4. A warrant is a paper showing judicial approval of a search or arrest.

5. Criminal procedures are safeguards against misapplication of criminal laws and improper treatment of suspected criminals.

6. The main provision regarding criminal procedure are found in Amendments IV, V, VI, VIII to the Constitution.

SPEAKING

Discussion:

8 Do you think that American and Russian Criminal procedure have much in common? What exactly?

Дата добавления: 2015-11-14