Professional Documents
Culture Documents
Medot Vkazivky - II Kurs
Medot Vkazivky - II Kurs
Англійська мова
Методичні вказівки
до навчання професійно-орієнтованого
читання та говоріння англійською мовою
студентів IІ курсу факультету права
Київ
НТУУ «КПІ»
2007
4
Англійська мова: Метод. вказівки до навчання професійно-орієнтовного
читання та говоріння англ. мовою для студ. IІ курсу ф-ту права спец.
7.060101 „Правознавство”/ Уклад.: І. Г. Попова, І.П. Борковська. – К.:
НТУУ „КПІ”, 2007. – 44 с.
Навчальне видання
Англійська мова
Методичні вказівки
до навчання професійно-орієнтованого читання
та говоріння англійською мовою
для студентів IІ курсу факультету права
спеціальності 7.060101 „Правознавство”
Відповідальний
Редактор Н.М. Компанець
5
Передмова
Методичні вказівки для навчання професійно-орієнтованого читання
та спілкування англійською мовою призначені для студентів ІІ курсу
факультету права і побудовані відповідно до програми, яка передбачає
навчання студентів вмінню працювати з іншомовною літературою за
фахом, збагаченню словникового запасу і оволодінню навичками
професійно-орієнтованого спілкування.
Методичні вказівки містять добірку неадаптованих текстів англіською
мовою за темами „Кримінальне право”, „Кримінальний процес”,
„Криміналістика”. Кожний текст супроводжуеться вправами на
формування іншомовної комушкативної компетенції читання та усного
професійного спілкування. 3 метою найбільш ефективного вивчення
термінів до методичних вказівок включено англо-український
термінологічний словник обсягом 250 лексичних одиниць найбільш
частотного вживания за фахом „Правознавство”. Словник може бути
використаний як інформацшно-довідковий матеріал студентами ycix
курсів факультету права та аспірантами.
Мета даних методичних вказівок - розширення та закріплення
студентами термінологічної лексики за фахом, а також надбання ними
навичок професійно-спрямованого читання, аудіювання та спілкування.
Методичні вказівки розраховані для роботи зі студентами в аудиторії,
для самостійної роботи студентів, а також можуть бути використані для
проведення атестаційних тестів і контрольних робіт.
6
Unit 1
Introducing law
In the opinion of many people, the law is a necessary evil that should be
used only when every day, informal ways of settling disputes break down.
When we buy a train ticket a lawyer may tell us it represents a contract with
legal obligations, but to most of us it is just a ticket that gets us on the train. If
our neighbour plays loud music late at night, we probably try to discuss the
matter with him rather than consulting the police, lawyers or the courts. Only
when we are injured in a train accident, or when a neighbour refuses to behave
reasonably, do we start thinking about the legal implications of everyday
activities.
Even so, some transactions in modem society are so complex that few of us
would risk making them without first seeking legal advice; for example, buying
or selling a house, setting up a business or deciding whom to give our property
to when we die. In some societies, such as the United States, precise written
contracts, lawyers and courts of law have become a part of daily life, whereas
in others, such as Japan, lawyers are few and people tend to rely on informal
ways of solving disagreement in this aspect.
In the whole it seems that people all over the world are becoming more and
more accustomed to using legal means to regulate their relations with each
other. Multinational companies employ expensive experts to ensure that their
contracts are valid wherever they do business. Non-industrialized tribes in
South America use lawyers in order to try to stop governments from destroying
the rainforest in which they live. And at a time when workers, refugees,
commodities and environmental pollution are traveling around the world faster
than ever before, there are increasing attempts to internationalize legal
standards. When it helps ordinary people to reach just agreements across social
economic and international barriers, law seems to be regarded as a good thing.
However, when it involves time and money and highlights people’s inability to
cooperate informally, law seems to be an evil - but a necessary one that
everyone should have a basic knowledge of.
7
Exercise 1
Give the Ukrainian for:
Exercise 2
Find in the text the English for:
Exercise 3
Complete the following sentences:
Exercise 4
1. What is law in the opinion of many people?
3. What are the examples of the growing uses of law throughout the
world?
Exercise 5
Agree or disagree with the statements. Give your reasons. The following
phrases may be helpful:
I am sure. I doubt
1. The law is a necessary evil that should be used only when every day,
informal ways of settling disputes break down.
4. In Japan, lawyers are many and people tend to rely on formal ways of
solving disagreements.
5. It seems that people all over the world are becoming more and more
accustomed to using legal means to regulate their relations with each other.
9
Unit 2
English law and the English judicial system have been made by judges
and Parliaments who had the same economic, political and moral outlook as the
ruling class they have represented.
One remarkable feature of the English legal system is that an important
part of the law has never been considered, debated or approved by Parliament.
Many of the laws of England are contained in the report of cases decided by
judges. They constitute an authoritative “precedent” for all judges to follow.
At the present time the English judicial system is basically pyramidal in
organization.
At the top of the pyramid is one final appellate tribunal, the House of
Lords. Beneath it is the Court of Appeal, the intermediate appellate court,
which hears both criminal and civil appeals.
Beneath these appellate courts are two separate systems of trial courts,
one for criminal cases, the other for civil cases. The separation of civil and
criminal courts is largely a legal fiction, the same judges presiding over both
courts.
On the civil side are the High Court, a court of general jurisdiction, and
the County Courts, which have only limited jurisdiction. On the criminal side
are the Crown Court, also a court of general jurisdiction, and the Magistrates
Courts having only limited jurisdiction.
The High Court justices and County Court judges are all barristers. The
justices of the High Court and the County Judges are ex officiis judges of the
Crown Court, as well as a few lawyers who hold temporary appointments.
Outside of London and a few other large cities, the magistrates are laymen,
who sit only occasionally to try cases. In the largest cities, there are full-time
stipendiary magistrates, who must have legal training.
Notes:
1
0
Exercises:
1. Give two Ukrainian words with the similar meaning to each of the following
English words:
Debate, final, tribunal, separate, fiction, jurisdiction, limit, general, occasion
2. Find the words with the similar meaning among the following:
6. You are going to lecture on the English judicial system. Prepare for the
presentation. Draw a pyramid and make captions.
7. Student A
Give a presentation and answer your listener's questions.
Student В
Ask the speaker several questions.
1
1
Unit 3
The United States court system has varied a great deal throughout the
history of the country. At the present time the US court system may be likened
to a pyramid.
At the apex of the pyramid stands the Supreme Court in the land. It
consists of nine justices appointed for life by the President with the advice and
consent of the US Senate. One justice is designated the Chief Justice. The court
meets on the first Monday of October each year. It continues in session usually
until June.
On the next level stand the US courts of appeal in 11 circuits. Each court
consists of between 3 and 15 judges depending upon the amount of work in the
circuit, the judge with the largest service, who has reached his 70 th birthday,
being the chief judge.
On the lowest level stands the US district court, 94 in all, where cases
are initially tried and decided. Each state has at least one court and from 1 to 27
judges depending upon the volume of cases which must be decided.
A person involved in a suit in a US court may thus proceed through three
levels of decision. His case will be heard and decided by one of the courts on
the lower level. If either party is dissatisfied with the decision rendered, he may
usually have review of right in one of the courts of appeals. Then, if he is still
dissatisfied, but usually only if his case involves a matter of great national
importance, he may obtain review in the Supreme Court of the United States.
Exercises:
1
2
3. Answer the following questions:
1. What does the US court system look like?
2. What is the highest court in the country?
3. How many judges does the Supreme Court consist of?
4. Are the judges to the US Supreme Court appointed by the President or by the
Senate?
5. Mention the lower courts in the USA.
6. Who can be appointed the chief judge at the court of appeal?
7. Is it possible to a state to have more than one district court in it? Why? (Why
not?)
8. When may a person involved in a suit have review of right in the court of
appeal?
4. Compare the British and US Court Systems by describing each of the points
listed below:
the structure;
the highest court in the land;
lower court; judges; review of right.
Unit 4
THE NUREMBERG TRIAL
The Nuremberg Trial began on 20 November, 1945 and ended on 1
October, 1946. There were 403 open sessions. The prosecution submitted 2,630
documents and the defense, 2,700. The witnesses numbered 240, and the
number of sworn written statements examined amounted to 300,000.
After all the evidence submitted by the prosecution and defence had
been heard by the judges of the International Military Tribunal, the trial entered
its final phase when the court was to make its decision.
After spending a month in conference the members of the
International Military Tribunal returned to the court-room, and on September
30 and October 1, 1946 announced their verdict and the sentences. 12 of the
1
3
defendants were sentenced to death by hanging; 3 were each sentenced to life
imprisonment; 1 was sentenced to ten years’ imprisonment; 1 to fifteen years’
imprisonment; 2 to twenty years’ imprisonment; 3 were acquitted by the
tribunal.
The International Military Tribunal also tried organizations such as the
leading bodies of the National Socialist Party, the Gestapo, the SD, the SS and
SA, also the government cabinet, the General Staff and the Supreme
Command. The evidence before the tribunal showed that these organizations
had taken an active part in the seizure of power in Germany by Hitler and his
followers, in the preparation and unleashing of aggressive wars, and in
committing war crimes and crimes against humanity.
The tribunal found these organizations, except the SA, the government
cabinet, the General Staff and the Supreme Command, guilty of war crimes.
This meant that any member of those organizations found guilty by the tribunal
could be brought to trial and punished by the legal bodies of any country, not
only for crimes committed, but also for the mere fact of having been a member
of those organizations.
On the night of October 15, 1946 the sentences were carried out and
the top leaders of the German Nazi Reich met their death. Those sentenced to
imprisonment were taken to prison.
The sentences passed by the International Military Tribunal not only
passed judgment on the leading war criminals of the Nazi regime but, even
more important, established the principle of international accountability for
aggression and punishment for the aggression.
Exercises:
1. Answer the following questions:
1. When did the Nuremberg Trial begin and end? 2. What verdict did members
of the International Military Tribunal announce? 3. Who was found guilty of
war crimes? 4. What principles of international law were established by the
International Military Tribunal?
1
4
влади, подготовка i розпалювання агресивноТ вшни, здшснення военних
злочишв, визнати винним, представлен! до суду, покараний юридичним
органом, здшснення вироку, вирок винесений Мджнародним Военним
Судом
4. Following phrases are the answers to certain questions on the text. What
are the questions?
The jury; the public prosecutor; the judge; the lawyer (advocate, barrister);
the witness; the plaintiff; the defendant.
1. The one who needs defense, accused or sued in a legal case in a law- court
is called...
2. The public officer with authority to decide cases in a law-court is...
3. A group of people in a law-court who have been chosen to listen to the facts
in a case and to decide whether the accused person is guilty or not guilty is
called...
4. A person who prosecutes in a court of law and brings a criminal charge
against somebody is...
5. A person who sees an event take place, who gives evidence in a law- court
after swearing to tell the truth, only truth and nothing but truth on the Bible is...
1
5
Unit 5
In a Crown Court trial there are twelve jurors. These are ordinary
members of the public between the ages of 18 and 70 who are selected at
random. They are not paid but are given expenses while they are on jury
service, which is usually for about two weeks. Service is compulsory, and it
cannot normally be avoided without a good reason, such as illness. It is not
necessary for a juror to know anything about the law - indeed certain people
connected with the world of law, such as solicitors, are not allowed to serve a
juror. This is because the job of the jury is to listen to the case and to decide
questions of fact. It is the judge’s responsibility to guide them on questions of
law.
This contrast between law and fact is very important. If a man is on
trial for murder, for example, the judge will explain just what the crime of
murder means in English law and what the prosecution has to prove. He will
explain how the trial will be conducted, summarize the evidence, and tell the
jurors what factors they should consider in making their decision. These are
questions of law. However, whether the defendant did in fact commit murder or
not is a question of fact to be decided by the jurors themselves. It is necessary
for at least ten of the twelve to agree.
In Britain, as in other nations with democratic systems of government,
most court cases are open to the public. This means that any member of the
public may witness a court case, although he does not have the right to speak
and may be ordered from the court if he tries to interrupt proceedings. But there
are some proceedings which are closed. For example, a judge may order that no
member of the public be present in a case where a child is giving evidence of
sexual abuse which he or she has suffered. The public is also sometimes
excluded if the judge feels that a witness or a member of a jury is being
threatened by someone watching the proceedings.
Exercises:
1
6
2. Find in the text the words with the meaning opposite to the following:
Unusual, voluntary, forbid, private, health, include.
Unit 6
A POLICE-COURT
Exercises:
1. Explain the following:
preliminary, a couple of, a summons, a witness, to blame, to plead guilty, to
mitigate, a fine, to be let off lightly.
1
8
c) Can you account for the magistrate's behavior?
3. Give the nouns corresponding to the following: guilty, innocent, firm, pay,
courteous.
5. Insert the verb (given in brackets) in the past simple or the past perfect, as
needed in the following sentence.
a) I was worried when I ... (receive) a summons.
b) I was more worried after I ... (see) my lawyer.
c) I ... (stand) up when the clerk called out my name.
d) When the policeman ... (take) the oath, he gave evidence.
e) The magistrate fined me lightly after the policeman ... (speak) favourably of
me.
f) After I ... (finish) my work, I went out.
g) I... (go) out, ... (walk) some way and then ....
h) After we ... (see) the sights, we left a little tired.
i) When he ... (come) in, he smiled at me.
j) By five o'clock I... (finish) all my work.
1
9
f) Have you heard ... Tom recently? He hasn't written to me.
g) Have you heard ... the latest cure for colds?
h) The boy apologized ... me ... his rudeness.
i) He imposed a fine ... the offender.
j) That man will appear ... two days' time.
Unit 7
2
0
entertain their guests to tea.
The Parliamentary session begins in November and, with recessions at
holiday periods (Christmas, Easter and in summer), lasts for about one hundred
and sixty days. The sittings begin at 2.30 p.m. from Monday to Thursday and at
11 a.m. on Friday. There is no set finishing time for sitting and if there is urgent
business to discuss the sitting may go on until late at night or, indeed, all
through the night. All the time Parliament is in session, a flag flies at the top of
the Victoria tower, and when the House is still sitting after dark, a light burns
over the clock face of Big Ben.
Exercises:
1. Translate the following words:
privilege, conferred, initiated, replica, curious, urgent, hereditary right.
2. a) Give the opposite of the following verb: destroy, lose, initiate, accept.
b) Give a synonym for the word role.
c) Distinguish between reluctance and fear.
d) Find an alternative for the phrase ‘in session’
Unit 8
THE INTERNATIONAL COURT OF JUSTICE
The International Court of Justice established by the Charter of
2
1
the United Nations is the principal judicial organ of the United Nations. All
members are ipso - facto parties to the Statute of the Court. Other states
may become parties to the
Court’s statute on conditions determined in each case by the General Assembly
on the recommendation of the Security Council.
Every member is pledged to comply with the decisions of the Court in a
case to which it is a party.
The jurisdiction of the Court comprises cases which parties submit to it
and matters especially provided for in the Charter or in treaties in force. The
Court gives advisory opinions on legal matters referred to it by the General
Assembly, the Security Council and other organs which have been authorized
by the General Assembly to request such opinion. Its decisions, which are final,
are only binding between the parties concerned, and in respect of a particular
dispute. If one of the parties to a case fails to heed a judgement of the Court,
the other party may call upon the Security Council to determine measures to be
taken.
The Court consists of 15 judges elected for a nine-year term by the
General Assembly and the Security Coucil, each organ voting
independently.The judges are elected on the basis of their qualifications, not on
the basis of their nationality. No two of the judges may be nationals of the same
state.
The Court remains permanently in session, except during judicial
vacations. A quorum of 9 judges suffices to constitute the Court. All questions
are decided by majority. The hearing of the cases is under the control of the
President or Vice- president, the latter being elected by the Court itself. The
representation of the case having been completed, the President declares the
hearing closed, and the Court withdraws to consider the judgement. In the
event of a tie, the President of the Court or the judge who acts in his place casts
the deciding vote.
Notes:
Exercises:
2
2
1. Find in the text the words with the similar meaning to each of the following
English words:
to ask, problem, to refer, to base, convention, to finish.
2. Find the words with the opposite meaning among the following:
legal, to begin, lowest, forcefull, illegal, to complete, forceless, supreme.
Unit 9
2
3
What is a crime?
A crime, as prescribed in criminal law, is a socially dangerous act
that transgresses against the social and state system, the social system of
economy, private property, the person, and the political, labour, corporeal and
other rights of citizens, and also any other act that under criminal law
transgresses against law and order.
It must be stressed that a crime is a highly dangerous anti-social act. It
affects the interests of the whole society even when it is directed against an
individual person as in the case of murder, burglary, and so forth. It is evident
that it is imperative that persons committing crime should be punished. An act
may be regarded as a crime only if at the time of its commission it is prohibited
by criminal law.
However, there are some acts which are crimes in one country but not
in another. For example, it is a crime to drink alcohol in Saudi Arabia, but not
in Egypt. It is a crime to have more than one wife at the same time in France,
but not in Indonesia. It is a crime to have an abortion in Ireland, but not in
Spain. In general, there is quite a lot of agreement among states as to which
acts are criminal.
In many legal systems it is an important principle that a person cannot
be considered guilty of a crime until the state proves he committed it. The
suspect himself need not prove anything, although he will of course help
himself if he can show evidence of his innocence. The state must prove his
guilt according to high standards, and for each crime there are precise elements
which must be proven.
For example, the crime of theft is defined in England under the 1968
Theft Act as: dishonestly appropriating property belonging to another with the
intention of permanently depriving the other of it.
There are further definitions of each element of the definition, such as
appropriating, which may mean taking away, destroying, treating as your own,
and selling. The same Act also defines in details crimes such as burglary
(entering someone's land without permission intending to steal or commit an
act of violence) and robbery (using force or threats in order to steal from
someone).
There are usually two important elements to a crime: (i) the criminal
act itself; and (ii) the criminal state of mind of the person when he committed
the act. In Anglo-American law these are known by the Latin terms of (i) Actus
reus and (ii) Mens Rea.
In general, if the prosecution fails to prove either actus of mens, the
court must decide there was no crime and the case is over.
Exercises:
1. Match headlines with the numbers of the paragraphs from the text and
2
4
give a short summary of these topics.
4. What is a crime?
2. Fill in the missing crimes and offences in the sentences below. Choose from
the words in the previous two exercises.
1. The chief cashier admitted taking £30,000 of the firm's money during
the previous three years and was found guilty of____________ .
2. She sued the newspaper for_______________when it printed a story about
her in which it claimed she had once been arrested for taking drugs.
3. The supermarket decided to install closed-circuit television in order to
combat the problem of________________.
4. This is the sixth fire in the area in the past month. The police suspect
5. He pleaded not guilty to murder but guilty to ______, saying that the gun
had gone off and killed his wife by accident.
6. There have been so many cased of_______________in the street recently
that the police are advising residents to install alarms and to notify neighbours
when they go out.
7. The customs officer found nearly £20,000 worth of cut diamonds hidden in
the man's guitar case. He was arrested and charged with
8. Pop stars and famous people often employ bodyguards for themselves and
members of their families as they are constantly worried about
9. Most people of my generation remember the_______________ of President
Kennedy in Dallas in November 1963.
10. It looked like a real £20 note but on closer examination you could see that it
was a very clever .
3. How safe and secure are you? Answer these questions, yes or no.
2
5
1. Do you often walk in areas which are not very safe? yes=l no=0
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=l
4. Do you wear an expensive watch or expensive jewellery? yes=l no=0
5. Do you check doors and windows before you go out when you yes=0 no=2
home is empty?
6. Do you have a burglar alarm? yes=0 no=l
7. Do you leave lights on when you go out? yes=0 no=l
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=l
Now add up your score: less than 3 = very, very safe; 3-5 = quit safe; 6-8 =
you could take a lot more care; more than 8 = you are a dangerous person to
know!
1. Make all the changes necessary to produce past tense sentences from the
following sets of words and prepositions to go with each verb.
1. Her employer - accuse - her - steal - money.
2. Rose - blame - parents - not — bring her up - properly.
3. His mother - punish him - be rude - to their neighbour.
4. The lock - prevent - burglar - break into - house.
5. The jury - convict him — murder - his wife.
6. The shopkeeper - forgive - child - steal - sweets.
7. His son - be - arrest - sell drugs - to teenagers.
8. Her nephew - be - discouraged - talk - the police.
9. The judge - congratulate - police - catch - gang.
10. She — warn - children - play - park — after dark.
Unit 10
IMPOSITION OF PENALTIES
Punishment may be imposed only on a person found guilty of
committing a crime.The court imposes punishment within the limit laid down
by the relevant article of the law providing for responsibility for the crime that
has been committed, in strict accordance with the general provisions of
criminal legislation
In passing sentence the court, guided by the socialist concept of justice,
2
6
takes into consideration the degree to which the crime committed is a danger to
society, the character of the guilty person and attendant extenuating or
aggravating circumstances.
The circumstances extenuating criminal responsibility include: the guilty
person’s prevention of harmful consequences resulting from the crime
committed, his voluntary recompense or redemption of the damage done; the
commission of a crime as the result of the coincidence of grave personal or
family circumstances; the commission of a crime under threats or compulsion,
or by force of material or other dependence; the commission of a crime under
the influence of strong mental excitement caused by unlawful acts on the part
of the victim; and the commission of a crime by an expectant mother.
The circumstances aggravating a crime include: the commission of a
crime by a person who has previously committed a crime; the commission of a
crime by an organized group; the commission of a crime having grave
consequences; the commission of a crime for personal gain or other base
motives involving excessive cruelty or the abuse of the victim or that takes
advantage of disaster, etc.
If there are considerable extenuating circumstances or the court comes to
the conclusion that deprivation of liberty or corrective labour is undesirable, it
may pass a suspended sentence.
Exercises:
1. Find in the text the equivalents of the following:
вгдповщна стаття закону; установлювати вщповщальшсть; загальт
положения; стушнь небезпеки; обставини,що пом'якшують
шдповщальшсть; обставини, що попршують вадповщальшсть;
запобтання шюдливих наслщгав; загрози; примус; неправов1 дн;
надм1рна жорстоюсть; позбавлення свободи.
2
8
Alan Jones: Murder. Poisoned Mick Brown: Vandalism and
wife slowly. Neighbours say nice football hooliganism. Low
man; children love him. Wife had intelligence. Violet when
lots of affairs. drunk.
Unit 11
Capital punishment
Exercises:
1. Find in the text the words with the meaning similar to the following:
final, perform, keep, stop, centre, fight for, investigation, testimony,
discussion, print, state.
2. Find the words with the opposite meaning among the following:
punishment, death, agree, opponent, award, convicted, just, initial,
unfair, life, supporter, argue, ultimate, acquitted.
5. It is often said that serious crime could be reduced if judges gave stricter
sentences. How far do you agree with this view?
The number of serious crimes has increased in the past few years. Most of these
crimes are committed for economic and social reasons. What can justice do to
reduce them? In my opinion, the judges should give stricter sentences, which
will immediately frighten criminals.
3
0
In certain countries capital punishment has been abolished. This special
sentence could be re-introduced for very difficult cases. For example, a terrorist
responsible for the deaths of innocent people should not be kept alive.
To sum up, for shocking crimes capital punishment should be used but
carefully. Anyway, justice should be more competent and precise in order to
take care against mistakes.
Unit 12
The British police officer - sometimes called the “bobby” after Sir
Robert Peel, the founder of the police force - is a well-known figure to anyone
who has visited Britain or who has seen British films. Policemen - and women -
are to be seen in towns and cities keeping law and order, either walking in the
streets (“pounding the beat”) or driving in cars (known as “panda cars” because
of their distinctive markings). Few people realize, however, that the police in
Britain are organized very differently from many other countries.
Most countries, for example, have a national police force which is
controlled by central Government. Britain has no national police force,
although police policy is governed by the central Government’s Home Office.
Instead, there is a separate police force for each of 52 areas into which the
country is divided. Each has a police authority — a committee of local county
counsellors and magistrates.
The forces co-operate with each other, but it is unusual for members of
one force to operate in another area unless they are asked to give assistance.
This sometimes happens when there has been a very serious crime. A Chief
Constable (the most senior police officer of a force) may sometimes ask for the
assistance of London’s police force, based at New Scotland Yard - known
simply as “the Yard”.
In most countries the police carry guns. The British police generally do
not carry firearms, except in Northern Ireland. Only a few police are regularly
armed - for instance, those who guard politicians and diplomats or who patrol
airports. In certain circumstances specially trained police officers can be armed,
but only with the signed permission of a magistrate.
All members of the police must have gained a certain level of academic
3
1
qualifications at school and undergone a period of intensive training. Like the
army, there are a number of ranks: after the Chief Constable comes the
Assistant Chief Constable, Chief Superintendent, Chief Inspector, Inspector,
Sergeant and Constable. Women make up about 10 per cent of the police force.
The police are helped by a number of Special Constables - members of the
public who work for the police voluntarily for a few hours a week.
Each police force has its own Criminal Investigation Department (CID).
Members of CIDs are detectives, and they do not wear uniforms. The other
uniformed people you see in British towns are traffic wardens. Their job is to
make sure that drivers obey the parking regulations. They have no other powers
- it is the police who are responsible for controlling offences like speeding,
careless driving and drunken driving.
The duties of the police are varied, ranging from assisting at accidents to
safeguarding public order and dealing with lost property. One of their main
functions is, of course, apprehending criminals and would-be criminals.
Exercises:
1. Translate the follo wing phrases:
founder of the police force; pound the beat; distinctive markings; police
policy; police authority; co-operate with each other; signed permission
of Criminal Investigation Department; traffic wardens; parking
regulations; safeguard public order; would be criminals; careless
driving.
2. Decide whether the following statements are true or false, according to the
text:
1. There is one police force in Britain under the supervision of central
Government.
2. Area police forces as a rule give assistance to each other.
3. British police officers carry guns at all times.
4. Scotland Yard is a committee of local county councilors and
magistrates.
5. Magistrates have powers to control local police officers if they like.
6. Women in Britain may work as a police officer if they like.
7. Traffic wardens and detectives in Britain do not wear a uniform.
8. Traffic wardens have a lot of responsibilities, ranging from
controlling offences to dealing with public during demonstrations.
3
2
3. Answer the following questions:
Unit 13
The police have many functions in legal process. Though they are mainly
concerned with criminal law, they may also be used to enforce judgments made
in civil courts. As well as gathering information for offences to be prosecuted
in the courts, the police have wide powers to arrest, search and question people
suspected of crimes and to control the actions of members of the public during
public demonstrations and assemblies. In some countries, the police have
judicial functions; for example, they may make a decision as to guilt in a
driving offence and impose a fine, without the involvement of a court. In
Britain, when someone is found in possession of marijuana, the police may
confiscate it and issue a formal warning rather than refer the matter to a court.
3
3
The mere presence of the police is a factor in deterring people from committing
offences.
In countries where the public trusts the police force, they are more likely
to report crimes, and it seems that they are also more likely to be law-abiding.
A just legal system needs an independent, honest police force. Because of their
wide powers it would not be difficult for corrupt police forces to falsify
evidence against a suspect, to mistreat someone they have arrested, or to accept
bribes in return for overlooking offences.
Legal systems usually have codes of conduct for the police, limiting the
time and the methods which they can use to question suspects and guaranteeing
the suspects access to independent lawyers. In Britain, however, the Police and
Criminal Evidence Act, and especially the Prevention of Terrorism Act, give
the police some powers to delay access to lawyers. The Police Complaints
Authority was set up in 1984 to supervise the investigation of allegations of
police misconduct. No police officer or former police officer may be appointed
to authority. However, investigations themselves are carried out by police
officers. Of course, private legal action can be taken against a police officer as
against any other individual - for example, in the tort of false imprisonment.
But many people feel it is difficult to gather evidence against the police.
Exercises:
1. Translate the following phrases:
3
4
3. Put this story in the correct order.
4. a) Read the text and discover what the miscarriage of justice was.
b) Now complete the text by changing the word in capitals below into a
suitable form to fill the gap. Remember to ask yourself first what part of speech
the word should be. There is an example at the beginning (0).
In 1974 five people died in an IRA (0) terrorist bomb attack. The police
were under enormous pressure to catch the criminals. Desperate to solve the
case, they(1) _______ forced confessions from four ordinary and (2)
Irish people.
Despite the (3) ____________ of the evidence against them and the (4)
_______ of their confessions, they got long sentences, capital (5) having
fortunately been abolished.
The (6) _______ to the bombings by other IRA prisoners was not
enough to prove their (7) _________ . It took a fifteen-year campaign to
overcome the (8) ________________ of the judicial system to admit. its (9)
_______ terrible mistake. Even though the five people received compensation,
nothing can pay back for fifteen wasted years. This story is one of the most
(10) __________________________ episodes in British justices.
5. You have just returned from Great Britain where you attended a
conference on the role of police force. Tell about the problems discussed at the
conference including the following points:
3
5
the police functions; public attitude to police; corruption in a police
force; code of conduct for the police officer; fighting police
misconduct.
Unit 14 Revision
Fill in the missing words in the passage below. Choose from the following and
note that two of the words are used twice.
There are two main courts of law - the (1)______for minor offences, such
as speeding, shoplifting, etc. And the (2)______for more serious offences such
as
fraud and murder. The magistrate or (3)______who tries cases in the lower
court
does not have special education or training in law and does not get a salary.
(The job is voluntary and part-time.)
At a (4) _____ at a Crown Court, the (5)_______or defendant stands in
the (6)_____while lawyers questions (7)____________who have to say what
they have
seen or know and who stand in the (8)________. They have to swear an (9)___
to “tell the truth, the whole truth and nothing but the truth.” What they say is
known as their (10).
There are usually two lawyers or (11)__________in the court-room. One
is known as Counsel for the (12)___________________ who speaks for
the defendant, and the other as Counsel for the (13) This person has to try to
prove that the person accused of the crime really committed it.
The (14)________sits in a large seat facing the defendant and wears a
special gown and wig. He or she does not decide whether an accused person is
guilty or not. This is left to the (15), made up of twelve members of the public,
to decide. During the trial they sit in silence, listening carefully to all the
(16).Then, they are locked away until they can decide whether the person is
(17)_______________or not (18). This decision is called the (19).
The (20)_______now decides the punishment or (21)________as it is
called. If the person is innocent, he or she is (22), which means that he or she is
released immediately and is free to go home. If the person is guilty and the
crime is serious, he or she could be given several years (23). However, if it is a
first offence, the person might be given a (24) _____________ instead, for
example $1,000, or (25)_______________________________.
3
7
VOCABULARY REFERENCE
3
8
chamber – палата
charge – звинувачення
charge with – обвинувачувати у
charter – устав, хартія
Chief Justice — головний суддя
circumstance – обставина
extenuating circumstance – обставина, що пом'якшуе відповідальність
aggravating circumstance – обставина, що noripшує відповідальність
code – кодекс, зведення законів
civil code – цивільний кодекс
criminal (penal) code – карний кодекс
commit a crime – здійснювати злочин
commit an offence – здійснювати правопорушення
common law – загальне (звичаеве) право
comply – згоджуватись, підлягати
consider – розглядати, ураховувати
constitute – встановлювати, складати
convict – визнати винним, засуджений
conviction – засудження
court – суд
district court – районний (окружний) суд
Supreme Court – Верховний суд
Court of Appeal – Суд другої інстанції
International Court of Justice – Міжнародний суд
Court procedure – судопроцедура
The Crown Court – карний суд присяжних
crime – злочин
capital crime – карний злочин
crime under threats – злочин, вчинений під впливом загрози
crime under compulsion – злочин, вчинений під впливом примусу
criminal – злочинець, злочинний, кримінальний
criminality – злочинність
criminology – кримінологія
3
9
defender — захисник
deprivation of liberty – позбавлення волі
dock – лава підсудних
drug trafficking – торгівля наркотиками
elect – обирати
embezzlement – розкрадання
evidence – доказ, свідчення, показання свідка
execute – виконувати, страчувати
execution – страта
executive – виконавчий
G
give evidence – давати свідчення
grave – серйозний, вагомий, тяжкий
guilt – вина, провинність
guilty – винний
to find guilty – вважати винним
4
0
I
identification – ідентифікація
identify – встановлювати
illegal – незаконний
impose a fine – накладати штраф
imprison – ув’язнювати
imprisonment – ув’язнення
innocent – невинуватий
intermediate appellate court – посередницький (проміжний) апеляційний
суд investigate – розслідувати
investigation – слідство
investigator – слідчий
4
1
legal – законний, правовий, легальний
legality – законність
legislation – законодавство
legislative – законодавчий
legislature – законодавча влада, законодавчий орган
liability – відповідальність за злочин
libel – наклеп
life imprisonment – дов1чне ув’язнення
N
necessary defense – необхідна оборона
negligence – необережність, недбалість
О
offence – провина
offend – порушувати
offender – правопорушник
order – порядок
law and order – правопорядок
public order – суспільний порядок
Р
party – сторона у судовій справі
penal – карний, каральний
penalize – карати
penalty – покарання
perjury – лжесвідоцтво
pickpocketing – кишенькова крадіжка
plead guilty – визнавати себе винним
police station – поліцейська дільниця
4
2
precedent – прецедент (судовий)
preside – головувати
prevent – запобігати, попереджувати
previously commited a crime – попередньо зчинений злочин
prison – в’язниця
prisoner – ув’язнений
private law – приватне право
procedure – процес, процедура
proceed – порушувати справу
process – притягати до суду, процес
proclaim — проголошувати
proof – доказ
prosecution – судове переслідування
prosecutor’s office – прокуратура
prosecutor — прокурор, обвинувач
prove – доводите, засвідчувати
provide – давати, надавати
punish – карати
punishment – покарання
put on probation – оголосити умовний вирок
Q
question – допитувати
R
rape – згвалтування
reach the decision –прийняти рішення
recompense – компенсація
receive a summons – отримати виклик до суду
redemption – викуп
review – переглядати судову справу
rob – грабувати
robbery – пограбування
S
sanction – санкція, санкціювати
sentence – вирок, присуджувати
sentence to death – смертний вирок
to serve a sentence – відбувати строк
suspended sentence – умовний вирок
4
3
shoplifting – крадіжка з крамниці
smuggling – контрабанда
solicitor – адвокат
statement – заява
steal – красти
submit – подавати на розгляд
Т
take legal action – подавати позов
take the oath – давати клятву
testimony – свідчення у суді
theft – крадіжка
treason – державний злочин
trial – судовий розгляд (слідство), суд
trial court – суд першої інстанції (амер.)
tribunal – трибунал, суд
try a case – розглядати справу у суди
V
vandalism – вандалізм
victim – жертва
verdict – вердикт, вирок (присяжних)
announce a verdict – оголосити вердикт
W
withdraw – вилучати, покидати
witness – свідок
witness box – ложа для свідків
wrong – протизаконний
4
4
CONTENTS
ПЕРЕДМОВА 3
UNIT 1 LAW a necessary evil? 4
UNIT 2 ENGLISH LAW AND THE 7
ENGLISH JUDICIAL SYSTEM
UNIT 3 THE US COURT SYSTEM 9
UNIT 4 THE NUREMBERG TRIAL 10
UNIT 5 CROWN COURT IN SESSION 13
UNIT 6 A POLICE–COURT 14
UNIT 7 THE HOUSES OF 17
PARLIAMENT
UNIT 8 THE INTERNATIONAL COURT 18
OF JUSTICE
UNIT 9 WHAT IS A CRIME 20
UNIT IMPOSITION OF PENALTIES 23
10
UNIT CAPITAL PUNISHMENT 26
11
UNIT THE BRITISH POLICE 27
12
UNIT ROLE OF POLICE FORCE 30
13
UNIT LAW AND ORDER 33
14
VOCABULARY REFERENCE 35