Task 1. Read the text. 1 страница

There are two types of cases: civil and criminal. Civil cases are disputes between or among private citizens, corporations, governments, government agencies and other organizations.

Often the party bringing the suit asks for money damages, for examplcva-
terraT^t^Hay-iiue-al^dloj^ roofo'r a landlord may-sue-a

^TiTTrTrf7rr^jrT4iff,n to pav_rgpfr*

The party bringing the suit is called the PLAINTIFF. The party being sued is called the DEFENDANT.

When the plaintiff starts the lawsuit he files a paper called a COMPLAINT in which he gives the reasons for the lawsuit.

The next paper is the ANSWEjtj'in which the defendant disputes what the plaintiff said in the complaint.jThe defendant may also file a paper called COUNTERCLAIM if he thinks that the plaintiff has committed something wrongj

In each case the judge tells the jury the degree to which the plaintiff must prove the case. This is called the plaintiffs BURDEN OF PROOF.

in most civil cases the plaintiff's burden is to prove the case by a PREPONDERANCE OF EVIDENCE. H^rreaTis-thaHhc versioivaBdJh&^adfincfc, ofmTplatrrtrrr^r^^

Jury verdicts do not need to be unanimous in civil cases. Only ten jurors need to agree upon a verdict if there are 12 jurors or 5 must agree if there are 6 jurors.

[Criminal cases. A criminal case is brought by the state, city or county against a person or persons that committed a crime. The state, city or county is called the PLAINTIFF. The accused person is called the DEFENDANT.

The charge against the defendant is called an or a

COMPLAINT.

If the defendant pleaded not guilty we speak of PRESUMPTION OF INNOCENCE.

{in each criminal case the judge will tell you all the elements of the crime that the plaintiff must prove BEYOND REASONABLE DOUBT.

In criminal cases the verdict must be unanimous - all the jurors must agree that the defendant is guilty.

Task 2. Learn the following words and expressions.

a civil case - гражданское дело

a PREPONDERANCE OF EVIDENCE -

перевес (превосходство) улик

money damages - компенсация за убытки; возмещение ущерба

unanimous - единодушный, единогласный

to sue - преследовать по суду

a criminal case - уголовное дело

the PLAINTIFF-истец

to commit a crime - совершить преступление

the DEFENDANT - ответчик; подсудимый, обвиняемый

charge - обвинение

a COMPLAINT - жалоба

to plead (not) guilty - признать себя (не)виновным

an ANSWER- письменное объяснение ответчика по делу

PRESUMPTION OF INNOCENCE-

презумпция невиновности

COUNTERCLAIM- встречный иск

BEYOND REASONABLE DOUBT- вне

всяких сом нений

a BURDEN OF PROOF - бремя (обязанность) доказывания

Task 3. Give the Russian equivalents for the following words.

the party - rejection to pay rent

to inquire (to be inquired) - to start the lawsuit

the injury - the degree

a tenant - to agree upon a verdict

a landlord (a landlady) - a county

to fix a leaky roof - the accused person

Task 4. Find in the text the English equivalents for the following words and expressions.

1.частные лица. 2. преследовать по суду. 3. ответственный. 4. причина. 5. доказать дело. 6. версия. 7. улики, доказательства. 8. суд присяжных. 9. присяж­ный заседатель. 10. судья.

Task 5. Match each word on the left with the correct definition on the right.

- the ANSWER

1. a person changed with a crime;

- the PLAINTIFF

2. a law document in which the defendant disputes what the plaintiff said in the complaint;

- a COMPLAINT

3. the party who begins an action, complains or sues;

- the DEFENDANT

4. the degree to which the plaintiff must prove the case;

- BURDEN OF PROOF

5. a formal written charge that a person committed a crime.

Task 6. Complete the following sentences with the words and expressions from the box

- the COMPLAINT

1. People who were... may sue the person responsible for the...

- injury

2. The party bringing the suit is called...

- the DEFENDANT

3. The party being sued is called...

- injured

4. In... the PLAINTIFF gives the reasons for the lawsuit.

- the PLAINTIFF

5. The DEFENDANT mat fill a paper called... if he thinks that the plaintiff has committed something wrong.

- COUNTERCLAIM

6. In criminal cases the charge against the defendant is called... or...

- unanimous

7. In criminal cases jury verdicts must be...

- Information

'•

Task 7. Agree or disagree to the statements.

1. The party bringing the suit often asks for. excuses.

2. Those people who were injured have no rj

3. When the plaintiff starts the lawsuit he rm

л т *i_ - *u a f л. u. vets the judge fi'.

4. In the answer the defendant agrees to what t) <n the complaint.

5. In civil cases jury verdicts do not need to i

,...., '..,, be unanimous.

6. A criminal case is brought by a person inst some other

° J r \x persons aga>

person. r

7. In criminal cases the verdicts must be una» -

famous.

Task 8. Answer the questions.

1. What is a CIVIL CASE?

2. Who is the PLAINTIFF?

3. Who is the DEFENDANT?

4. What is a COMPLAINT?

5. What is an ANSWER?

6. What is COUNTERCLAIM?

7. What do you know about a BURDEN OF Ц np9.

8. What is a PREPONDERANCE OF EVTOE^ ^ '

9. When the case is called criminal?

lO.How many jurors are necessary to agree up, Vf~A\c*;n £ criminal case?

1 l.Who is the PLAINTIFF in the criminal caS 9

12. When do we speak of PRESUMPTION OF l* „«ед™*
nu llL T....... INNOCENCE/

13.Must the verdicts be unanimous in crimin., n

ш cases?

6. В уголовных делах вердикты должны б^ единогласными ~ все при­сяжные заседатели должны согласиться, что щ, ИМый вин*1Вен'

Task 10. Find in the text sentences where Passi\ y ice js use(J

Task 11. Make topic «Kinds of Cases».

Unit 10 What Happens During The Trial

Task 1. Read the text.

Events in a trial usually happen in a particular orderjbut sometimes the judge may change it. The usual order of events has 6 steps.

Step 1. Selection of the Jury.

A jury consists of twelve ordinary people who are chosen from the Electoral Register (i lint rjifiinpir ntin cwuiQto nt-random). Those people will listen to the evidence and pass a sentence.

Step 2. Opening Statements.

{The lawyers for each side will give out their views on the case and present a general picture of the case. Eveiy&m&4hc lawyei s baWs-rrotevideace and it tanV frdp prove the оадсг}

Step 3. Presentation of Evidence.

ЛА.11 parties present evidence. The testimony of witnesses at trial is evidence. Physical exhibit (a gun or a photograph) is also evidence, but if the judge does not admit it, it is not evidence^

£The written testimony of people who can not attend the trial may also be evidence^

Bu*=mmw-teffig5?OU will sec and lre^-duuu^JieUu^-ttre nut еч4^езее. Fe^-example,-what the lawyus say ш^ЬёУ-ци'шиц riftdzclosing stflH^ffleats.

/During the trial the lawyers make OBJECTIONS to evidence of the other side
or questions of the other lawyer] Вртуусгатщ ubjCLl lu Ihcjc thiiigij if llu'y BepSfefcf
flrew-impiupu undci tin hi'ivi tif wi dinu i_(foe judge decides if the objection was
valid or invalid and if the evidence can be admitted or the question allowedjptte
<4-jmifm-Y^m4^^ will ST 1STAIN тиР11^Е£1Ш^ИИЦ*ге «^

was invalid, the judge will OVERRULE THE OBJECTIONJfeut the judge must not expresshls,.opiruoiuxfXhc cace.J—-

EfteMtttor-dectdeTlhe цщШ?ф';'г""*^^^ and me"-

CRgEgBICTTOFWrr,l TilliT" Tlir jury ihnnlrit-iVrintnnr""-lntthnvirnr^f' oppoTrarH^-trr-otSerVe the event, their memory, The-^^ea^muibt^rTess^rfifei: testfeionv--thfJ^fr^n^jrp дц thfif-fflflfrr1 mflnr^nrp thr* rrndihilitv ofi

Step 4. Instructions.

A After presentation of all evidence,|he judge gives instructions to the jury on the lawsJEach juror will have a copy of instructions. All documents and physical exhibits will be sent to the jury-room where the jury will conduct deliberations on the verdict.

Step 5. Closing Arguments.

/ The lawyers in their closing arguments summarize the case from their point of view. They may discuss the evidence and the judge's instructions or they may comment on the credibility of witnesses, The arguments are not evidence3

Step 6. Jury Deliberation.

_The jury goes to the jury-room to conduct the deliberations on the verdict. First, the jury elects a foreman who will see to it that the discussion is sensible and that every juror has a chance to express his opinion.

[When the jury passes the sentence, the - foreman signs it and informs the bailiff. Then the jury comes back to the courtroom where the foreman presents the verdicQ

Task 2. Learn the following words and expressions.

evidence - свидетельство; улика; доказательство

to pass a sentence - выносить приговор

to give out views on the case - выражать своё мнение по данному делу

to prove the case - доказать дело

testimony- показания свидетеля

physical exhibit- вещественное доказательство

valid/ invalid- обоснованный; необоснованный

to sustain the object- принимать, поддерживать возражения

to overrule the objection - отклонять возражения

to express one's opinion of the

case - выражать мнение по данному делу

credibility of witnesses - правдоподобие

свидетелей

to conduct deliberations on the

verdict- совещаться по поводу вынесенного вердикта

a foreman - старшина присяжных

a bailiff- судебный исполнитель, пристав

Task3. Translate into Russian:

- in a particular order;

- to sustain the OBJECTION;

- to pass a sentence;

- to overrule the OBJECTION;

- to give out the view on the case;

- the CREDIBILITY OF WITNESSES;

-to prove the case;

- to take into account; прщщ^Аш fa IwM^Z

-to consider improper;

- to conduct the deliberations on the verdict;

Task 4. Find in the text the English equivalents of the following words:

- судебный процесс;

- влиять на;

- свидетельство; улика; доказательство;

-предубеждение;

- показания свидетелей;

— старшина присяжных;

- вещественное доказательство;

— судебный пристав; исполнитель;

- обоснованный; необоснованный;

Task 5. Agree or disagree to the statements:

a) Events in a trial happen in disorder.

b) The judge chooses the jury..

c) If the judge does not admit physical exhibit, it's not evidence.

d) The written testimony of people who can not attend the trial is not evidence.

e) The judge always expresses his opinion of the case.

f) The judge advises the jurors what sentence they should pass.

Task 6. Answer the questions:

1. Who is the jury?

2. What happens in OPENING STATEMENTS?

3. What can be evidence?

4. What is not evidence?

5. What can you say about OBJECTIONS?

6. What factors may influence the CREDIBILITY OF WITNESSES?

7. What do you know about JURY DELIBERATIONS?

8. Who presents CLOSING ARGUMENTS?

Task 7. Fill in the gaps using the appropriate words from the table.

1. Jury will listen to the and pass a

2. The of witnesses at trial is evidence.

3. A gun or a photograph is.................

4. Lawyer may to evidence of the other side.

5. If the object was...............the judge will

6. Before JURY DELIBERATION the jury elects a

7. When the jury passes the..., the... signs it and informs the

Task 8. Translation. Use your active vocabulary.

1.Во время судебного процесса суд присяжных выслушает все свидетель­ские показания и вынесет приговор по делу. 2. Судья не должен выражать своё отношение к данному делу. 3. Адвокаты каждой стороны могут задавать воп­росы свидетелям. 4. Вещественные доказательства часто помогают доказать дело. 5. Иногда предубеждение присяжных может влиять на приговор (вер­дикт). 6. Старшина присяжных следит затем, чтобы обсуждение вердикта было разумным. 7. Когда суд присяжных выносит приговор, старшина присяжных подписывает его и информирует судебного пристава об этом.

Task 9. Make a topic for your examination.

Unit 11 Crime

Task 1. Read the texts, consulting the active vocabulary.

Textl Crime in Great Britain

About 90 per cent of all crimes are dealt with by Magistrates' courts. Sentences (that is, the punishments decided by the court) vary a lot but most people who are found guilty have to pay a fine. Magistrates' courts can impose fines of up to J2,000 or prison sentences of up to six months. If the punishment is to be more severe the case must go to a.Crown. Court. The most severe punishment is life imprisonment: there has been no death penalty in Britain since 1965.

The level of recorded crime and the number of people sent to prison both increased during the 1970s and 1980s. By the end of that period the average prison population was more than 50,000 and new prisons had to be built as overcrowding had become a serious problem. By 1988 the cost of keeping someone in prison was over J250 per week, which was more than the national average wage;

Text 2 Murder

The abolition of capital punishment in England in November 1965 was welcomed by most people with humane and progressive ideas. To them it seemed a departure from feudalism, from the cruel pre-Christian spirit of revenge: an eye for an eye and a tooth for a tooth.

Many of these people think differently now since the abolition of capital punishment crime - and especially murder - has been on increase throughout Britain. Though there have always been murders in all countries with or without the law of execution, now Britishers feel that killing the assassin is the lesser of two evils. Capital punishment may not be the ideal deterrent to murder, but it is better than nothing, especially when, as in England, a sentence of "lifelong" imprisonment (a life sentence) only lasts eight or nine years.

All this is very controversial. And all the arguments for and against can be refuted in practice. The problem remains - the problem of how to prevent murders. Some murders are committed by criminals evading arrest, by insane or mentally disturbed people, by cold-blooded sadists completely devoid of all human feelings. The important thing in the prevention of murder is to eliminate as far as possible the weapons and instruments, the guns and knives, with which these crimes are committed, and furthermore to stop the dangerous influence of violence in books, films, television and other mass media, from which so many criminals derive their "inspiration".

Task 2. Learn the active vocabulary and use it in sentences of your own.

1. crime (n) - преступление; преступность

to commit a crime - совершить преступление

criminal (adj) - преступный, криминальный; уголовный

criminal law - уголовное право criminal (n) - преступник

2. murder (n) - убийство; (v) - совершать убийство
Cf: assassinate - (предательски) убивать
murderer - убийца

assassin - убийца (обычно наёмный)

3. punish (v) - наказывать

punishment (n) - наказание

capital punishment - смертная казнь, высшая мера наказания

4.execution (n) - казнь

5. life (long) imprisonment-пожизненное заключение

6.abolition (n) - отмена, аннулирование

1. deterrent (n) - средство устрашения, сдерживания

2. to find smb. guilty - признать кого-л виновным Cf: to plead guilty - признать себя виновным

3. fine (n) - штраф, пеня; (v) - штрафовать to impose a fine- налагать штраф

Task 3. Find in the texts the English equivalents for the following words and expressions:

дух мести

уровень преступности

противоречивый

средний заработок

жестокое наказание

исключать

опасное влияние

пожизненное заключение

смертная казнь

около 90% преступлений рассматриваются в магистратских судах

содержание кого-л в тюрьме

признать виновным

Task4. Make up your own situation with the words and expressions from task 2,3.

Task 5. Answer the questions:

1. When was the abolition of capital punishment in England?

2. What were the reasons for taking such a decision?

3. What do most people in England think now?

4. What are the possible measures for preventing crime?

5. What courts deal with nearly all crimes?

6. What happens when a case presupposes a more severe punishment?

7. What is the main difficulty of keeping people in prison for their lifetime?

8. What are the most serious crimes, in your opinion? What preventing measures can you suggest?

9. What kind of crime is the most difficult to prevent? Why?

Task 6. Work in groups. Make a list of arguments for and against the following statements:

1. Mild sentences are a sign of a civilized society.

2. Capital punishment is not a deterrent to murder.

3. Armed policemen could perform their duties better.

4. Scenes of violence in films encourage crime.

5. Legalized selling of firearms stimulates murder.

6. Legalized selling of firearms ensures security.

7. The instinct to kill is basic to human nature.

Task 7. Match the words from the box with definitions below:

drug smuggling

shop-lifting

fraud

hijacking

kidnapping

arson

pickpocketing

mugging

theft

a) they broke the window of his car and stole the radio;

b) they sold paintings that they knew weren't genuine masterpieces;

c) they illegally carried drugs into another country;

d) they held a pistol at the pilot's head and he had to do what they said;

e) they set fire at the hotel;

f) they took some things off the shelves and left the supermarket without paying for them;

g) they took away the rich man's son and asked him for a lot of money;

h) they hit the man on the head as he was walking along the street, and stole all the money and credit cards;

i) they took her purse out of her handbag as she was standing on the crowded platform waiting for the train.

Task 8. Look at this list of «crimes». Try and rate each crime on a scale from 1 to 10 (1 is a minor misdemeanour, 10 is a very serious crime). They are in no order.

driving in excess of the speed limit;

common assault (e.g. a fight in a disco-club);

drinking and driving;

malicious wounding (e.g. stabbing someone in a fight);

murdering a policeman during a robbery;

murdering a child;

causing death by dangerous driving;

smoking marijuanna;

selling drugs (such as heroin);

stealing Jl,000 from a bank, by fraud;

stealing Jl,0OO worth of goods from someone's home;

rape;

grievous bodily harm (almost killing someone);

shop-lifting;

stealing J 1,000 from a bank, by threatening someone with a gun;

possession of a gun without a licence;

homicide;

Task 9. Organise the words in the box into three groups: crimes, people and places.

murder thief prison barrister robbery burglar cell criminal court rape shoplifting manslaughter judge prisoner jury police station

Task 10. Respond to these statements or questions confirming the crime in each one.

1. A: He broke into the house, didn't he? В: Yes, he's been charged with

2. A:Hekilledhiswife,didn'the? B: Yes, he's been charged

3. A: She stole clothes and jewellery from that department store, didn't she? B: Yes, and she's been

4. A: The man on the motorbike didn't mean to kill the boy. B: No, but he's been charged

5. A: He took the money from her bag.

B: Yes, but they caught him and he's been

Task 11, Crime prevention.

What can government do to fight crime (= take action to stop crime)? These things happen in some countries, although many people may think they are not a good idea.

Police carry (= have) guns.

Police are allowed to (= are permitted to) stop anyone in the street and question them.

The courts give tougher punishments for crimes committed than in the past (e.g. bigger fines or longer prison sentences than in the past).

There is capital punishment (e death, e.g. by electric chair or hanging) for some crimes.

What can individuals do to prevent a crime from happening (= stop a crime happening)?

Here are things some people do to protect themselves and their property (= home and land), although you may not think they are all a good idea.

Don't walk along dark streets late at night, (e.g. midnight) on your own (= alone).

Lock all doors and windows when you go out.

Don't wear expensive jewellery.

Leave lights on at home when you go out.

Fit (= install) a burglar alarm (- a machine which makes a noise if someone enters your home).

Make sure your money is safe, e.g. wear a money belt.

Carry a mace spray. (This is chemical and if you spray it in someone's face, it is very unpleasant. In some countries you are allowed to carry this type of spray.)

Put money and valuables (= valuable possessions) in a safe (= a strong metal box, which is very difficult to open or break).

Keep a gun in your house for self-defence (= to protect yourself if someone attacks you).

Task 12. How safe and secure are you? Answer these questions,yes or no.

I. Do you often walk in areas which are not safe?

yes = 1

2. Do you often walk on your own in these areas late at night?

yes =2

no = 0

3. Do you wear a money belt when you go out?

yes =0

no = 1

4.Do you wear an e^ensive watch or expensive jewellery?

yes = 1

no =0

5. Do you check doors and windows before you go out when your home is empty?

yes =0

n = 2

6. Do you have a burglar alarm?

yes =0

no = 1

7. Do you have lights on when you go out?

yes =0

no = 1

8. Is there someone who protects the building while you are out?

yes =0

no = 2

9. Do you have a safe in your home?

yes = 0

no = 1

10. Can you defend yourself in case you are attacked?

yes =0

no = 2

Now add up your score: less than 5 - very, very safe; 5 -7 = quite safe; 8—10 = you could take a lot more care; more than 10 - you are a dangerous person to know!

Task 13. Fill the gaps in these questions with a suitable word.

1. Do you think the police should... guns?

2. Do you think the police should be... to stop and question people without a special reason?

3. Do you agree with capital... for certain crimes such as murder?

4. Do you think it should be legal for people to carry a mace...?

5. Do you think people should be allowed to use a gun or a knife in self-...?

6. Do you think tougher punishments will help to... crime?

What is your opinion on these questions? Discuss them with another person if possible.

Task 14.

A. Translate in english:

1. 90 % всех преступлений рассматриваются в магистратских судах.

2. Смертная казнь в Великобритании была отменена в 1965 г.

3. Пожизненное заключение в Англии, как правило, длится не более 8-9 лет.

4. Убийства совершаются как психически ненормальными людьми, так и хладнокровными садистами.

5. Торговля наркотиками, кражи людей, убийства, изнасилования и ог­рабления стали, к сожалению, широко распространёнными явлениями в на­шей стране.

6. Люди, совершающие и мелкие проступки, и серьёзные правонаруше­ния должны, быть наказаны. Но наказание должно всегда соответствовать пре­ступлению.

7. Подсудимого признали виновным в поджоге магазина. А несколько лет до этого его обвиняли в уличном ограблении, но он был оправдан.

В.1. Put all kinds of questions to the sentence. 2.Put it in the Future Tense. 1. Transform it into the Passive Voice. The judge sentenced the accused to seven years imprisonment for armed robbery.

Unit 12

Punishment

The Purpose of State Punishment

Task 1. Complete the following text with the words or phrases from the box, using them in the appropriate form.

wrongdoer; deterrent; law-abiding; misdeeds; reform; crime doesn't pay; barbaric; retribution; corporal punishment; humane; rehabilitate; death penalty.

What is the purpose of punishment? One purpose is obviously to (a)

the offender, to correct the offender's moral attitudes and anti-social behaviour

and to (b) him or her, which means to assist the offender to return to normal

life as a useful member of the community. Punishment can also be seen as a

(c) because it warns other people of what will happen if they are tempted

to break the law and so prevents them from doing so. However, a third purpose of

punishment lies, perhaps, in society's desire for (d), which basically

means revenge. In other words, don't we feel that a (e) should suffer for

his (f)______? The form of punishment should also be considered. On the one

hand, some believe that we should «make the punishment fit the crime». Those who steal from others should be deprived of their own property to ensure that

criminals are left in no doubt that (g). For those who attack others (h)

should be used. Murderers should be subject to the principle «an eye for

an eye and a tooth for a tooth» and automatically receive the (i). On the

other hand, it is said that such views are unreasonable, cruel and (j) and

that we should show a more (k) attitude to punishment and try to understand

why a person commits a crime and how society has failed to enable him to live a
respectable, (1) life.

Task 2. Agree, disagree or complete the following statements.

1. The purpose of state punishment is to take revenge upon the wrongdoer.

2. Every punishment should fit the crime.

3. All murderers should receive the death penalty.

4. We should take into account the reasons of a crime and the circumstances upon which it was committed.

5. Capital punishment should be abolished.

6. Your country has a firmly established and an efficient system of punishment.

Task 3. Read the texts consulting the active vocabulary and discuss each case applying the questions below.

1. Was justice done?

2. If you had been the judge, would you have been given a different sentence?

3. Would you have chosen a lighter sentence, or a more severe one?

4. How would you have felt if you had been the victim of the crime?

5. How would you have felt if you had been the defendant?

6. Of you had been the judge, what other facts and circumstances would you have wanted to know?

Manslaughter

In 1981 Marianne Bachmeir, from Lubeck, West Germany, was in court watching the trial of Klaus Grabowski, who had murdered her 7 year - old daughter. Grabowski had a history of attacking children. During the trial, Frau Bachmeir pulled a Beretta 22 pistol from her handbag and fired eight bullets, six of which hit Grabowski, killing him. The defence said she had bought the pistol with the intention of committing suicide, but when she saw Grabowski in court she drew the pistol and pulled the trigger. She was found not guilty of murder, but was given six years imprisonment for manslaughter. West German newspapers reflected the opinion of millions of Germans that she should have been freed, calling her ""the avenging mother".

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