UNIT 16 2 страница

► Ex. I. Scan through the text. Restore the word order in the questions that follow and answer them.

Scientific techniques to identify suspects.A broad range of other scientific techniques is available to law enforcement agencies attempting to identify suspects or to establish beyond doubt the connection between a suspect and the crime in ques­tion. Examples include the analysis of bloodstains and traces of other body fluids, such as semen or spittle, that may indicate some of the characteristics of the offender. Threads can be ana­lyzed by microscopy or chemical analysis to show, for instance, that threads found on the victim or at the scene of the crime are similar to those in the clothing of the suspect. Hair samples can be compared chemically and genetically to those of the suspect. Many inorganic substances, such as glass, paper, and paint, can bring considerable information under chemical analysis. Ex­amination of a document in question may reveal it to be a for­gery. Examination of a fragment of glass may help to identify the kind of automobile involved in an accident. Computer al­lows investigators to create the necessary data bases. The method (modus operandi) by which an offense was committed may also help to identify the suspect, as many offenders repeat­edly commit offenses in much the same way. The burglar's method of entry into the house, the type of property stolen, or the kind of deception practiced on the victim of a fraud may all suggest to the police who is responsible for the crime. Visual identification of a stranger by the victim is often possible, but experience has shown that such identifications are often mis­taken and have frequently led to miscarriages of justice. If the victim or witness believes that he can recognize the offender, the police may show him an album containing photographs of a large number of known criminals, in the hope that one can be

picked out. A suspect identified in this way is usually asked to take part in a lineup, in which the witness is asked to pick the suspect out of a group of people with similar characteristics.

Techniques [tek'ni:ks] - методы; analysis [a’naelisis], pi. analyses [si:z] - анализ; blood stains [bkd steinz] –пятнакрови; fluid ['flu:id] - жидкость; semen [’si:men] - сперма; spittle [’spitl] - слюна; threads [Gredz] - нитки; microscopy [mai'knskapi] - микроскопия; sample ['sa:mpll - образец; genetically [d3a'netikli] - генетически; anorganic [inDi'gaenik] - неорганический; paint - краска; forgery [’fa:d3ari] - под­делка; data [’deita] base –базаданных; modus operandi –способсовершенияпреступления, почеркпреступника, модусоперандипреступника; repeatedly [ri'pi:tidli] - не­однократно; burglar - вор-взломщик; deception [di'sep/an] - обман; practice upon - применять; fraud [fn:d] - мошенни­чество; all - всёэто; visual [’visual] - визуальный; identifi­cation - опознание; установлениеличности; stranger - незнакомец; miscarriage [mis’kserids] of justice –судебнаяошибка; recognize - узнать; pick out - выбирать; lineup identification –идентификацияличностипутемопознания; line up –статьвочередь; evidence of criminality - доказа­тельствасовершенияпреступления, улики.

1) What analyses and traces some of the characteristics of the offender may indicate? 2) What the analysis of threads can show? 3) Can hair samples genetically to those of the suspect be compared? 4) What inorganic substances considerable informa­tion under chemical analysis can bring? 5) Examination reveal it to be a forgery of a document may, mayn’t it? 6) What to identify the kind of automobile involved in an accident may help? 7) What computer does allow investigators to do? 8) Why modus operandi also may help to identify the suspect? 9) What

to the police who is responsible for the crime may suggest?

10) What identification frequently to miscarriages of justice leads? 11) What to be done if the victim or witness believes that he can recognize the offender is?

► Ex. II. Agree or disagree with the following statements.

1) Modus operandi is a way of doing something that is typical of one person or group. 2) Examination of a document may re­veal it to be original. 3) Examination of a fragment of bumper may help to identify the kind of automobile involved in an acci­dent. 4) Rumours allow investigators to create the necessary data bases. 5) The method by which an offense was committed can hardly help to identify the suspect. 6) Offenders differ radi­cally from each other in commission of offence. 7) The bur­glar's method of entry into the house is to suggest to the police who is responsible for the crime. 8) The type of property stolen may not suggest to the police who is responsible for the crime.

9) The kind of bluff practiced on the victim of a fraud may sug­gest to the police who is responsible for the crime. 10) Visual identification of a stranger by the victim is always true.

11) Visual identification of a newcomer by the victim leads to miscarriages of justice.

► Ex. III. Restore the word order in the following statements.

1) Scientific techniques identify suspects help. 2) Scientific techniques beyond doubt the connection between establish sus­pects and crimes. 3) The analysis of bloodstains the characteris­tics of the offender indicates. 4) The analysis of threads that threads found on the victim are similar to those in the clothing of the suspect shows. 5) The analysis of threads that threads found at the scene of the crime are similar to those in the cloth­ing of the suspect shows. 6) Hair samples can be chemically and genetically to those of the suspect compared. 7) The analysis brings of inorganic substances considerable information about the suspect.

► Ex. IV. Translate the following words and phrases from Russian into English.

Улики; правонарушитель; пятна крови; жертва; преступле­ние; микроскопия; место совершения преступления; вне сомнения; подделка; подозреваемый; база данных; почерк преступника; вор-взломщик; обман; применять; мошенни­чество; визуальный; установление личности; незнакомец; судебная ошибка; узнать; выбирать; идентификация лично­сти путем опознания; идентифицировать.

► Ex. V. Complete the following statements.

1) The analysis of bloodstains may indicate... 2) The analysis of body fluids may indicate... 3) The analysis of threads may show... 4) Hair samples can be compared... 5) Many inor­ganic substances can bring... 6) Examination of a document may reveal... 7) Examination of a fragment of glass may help...8) Computer allows... 9) Modus operandi may... 10) Many offenders repeatedly commit... 11) The burglar's method of entry into the house may suggest... 12) Visual identifications are often... 13) If the victim believes that he can recognize the offender, the police may... 14) A suspect is usually asked to take part in...

► Ex. VI. Choose one topic to speak about evidence of criminality:

a) body fluids; b) threads and hair samples; с) inorganic sub­stances; d) modus operandi; e) visual identification. Retell the text Scientific techniques to identify suspects.

► Ex. I. Scan through the text. Restore the word order in the questions that follow and answer them.

Gathering evidence.The identification of the suspect is not the final stage of the process: it is essential that the investigating agency gather sufficient legally admissible evidence to con­vince the judge or jury that the suspect is guilty. In order to se­cure the necessary evidence, the police employ a variety of powers and procedures; because these potentially involve inter­ference with the freedom of the suspect, who must at this stage be treated as an innocent person, they are normally subject to close control either by legislation or by the courts. One impor­tant procedure is a search of the suspect or of premises or vehi­cles. Most jurisdictions allow a search to be carried out only if there is “reasonable ground for suspecting” that the evidence will be found. In some cases a person may be stopped on the street and searched. In this instance, the police officer is to iden­tify himself and state the reasons for the search. A search of private premises usually requires a search warrant issued, by a magistrate or judge. The law generally permits 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. The warrant may be subject to time limits and normally permits only one search to be carried out. In most countries the judge or magistrate who issues the warrant must be told of the outcome of the search. Material seized as a result of a search under the authority of a search warrant is usually detained by the police for production as exhibits at any subsequent trial. Evidence discovered as a result of any search that does not comply with the procedures laid down by the law is not admitted in the trial, even though it clearly establishes the guilt of the accused person, and even though the suppression of the evidence may prevent the convic­tion of a person who is plainly guilty. This rule, known as the exclusionary rule, is a matter of dispute in many English- speaking countries.

Evidence - доказательство, улика; investigating agency –следственныйорган; admissible evidence - показание, до­пустимоевкачестведоказательствавсуде; convince - убедить; potentially [рэЧеп/эМ:] - потенциально; subject ['sAbd3ikt] - подчиненный; legislation [Ied3is'leiJэп] - за­конодательство; закон; premises ['premisiz] - помещение, дом; jurisdiction [dsuaris'dikjan] –судебнаяпрактика; in this instance –вэтомслучае; search warrant [’wDrant] - ор­дернаобыск; evidence on oath [эи0] –показанияподпри­сягой; outcome - результат; seize [si:z] - захватывать; de­tain [di'tein] - задерживать; production - предъявление; exhibits [ig'zibits] –вещественныедоказательства; sub­sequent ['sAbsikwant] - последующий; comply [kam'plai] with - соответствовать; procedure laid down - установлен­наяпроцедура; establish the guilt –доказатьвину; sup­press [sa'pres] evidence –утаитьдоказательство; conviction [kan'vik/an] - осуждение, приговор; plainly [’pleinli] - от­кровенно; exclusionary rule [iks'klu^anari ru:l] –правилообисключениииздоказательств; identifying witness - понятой; good reason –достаточноеоснование.

I) 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 do 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?

II) 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.

4) 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.

I) 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...

II) 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.

► 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.

Interrogation [in'tera'gei/an] - допрос; confession [kan'fejan] - признание; admission of offence –признаниевсоверше­ниипреступления; eventually [iVentJuali] –вконечномсчете; plea [pli:] of guilty –заявлениеподсудимогоопри­знаниивины; contested trial –состязательныйпроцесс; re­strictions [ris'trikjanz] - ограничения; coerce [kau'a:s] - принуждать; in custody ['kAStadi] –содержащийсяподстражей; failure [’feilja] - неисполнение; rejection [ri'djek/an] - отказ; involuntary [in'vDlantari] statement –недоброволь­ноезаявление; administer a caution ['кэ:/ап] –делатьпре­достережение; make a statement –сделатьзаявление; dis­cretion [dis'kre/an] - усмотрение; admit in evidence допуститьвкачестведоказательства; oppression [a'pre J an] - притеснение; torture ['D:t/a] - пытка; inhuman [in'hju:man] - бесчеловечный; degrade [di'greid] - унижать; treatment [’tri:tmant] - обращение.______________

What an important aspect of the investigation of offenses is?

1) 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.

5) 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...

1) 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 inter­rogation; 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 1

► 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 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.

Magistrate [’maedsistreit.-strit] –мировойсудья; minor [’mains] - мелкий; nuisance ['nju:sns] –нарушениепокоя, вред; assault - нападение; lay [lei] - непрофессиональный; Lord Lieutenant –главныймировойсудьяграфства; advi­sory committee –консультативныйкомитет; stipendiary [stai'pendiari] - оплачиваемый; attend - обслуживать; ex­ceed [ik'si.d] - превышать; juvenile [’dsuivinail] - несовершеннолетний; homicide [’hpmisaid] - 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.

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