Read and translate the text. In both criminal and civil proceedings, a document (Pleading) must be filed with the court to start a proceedings - called an Information in Criminal Law

In both criminal and civil proceedings, a document (Pleading) must be filed with the court to start a proceedings - called an Information in Criminal Law. The papers are filed for the State by a Prosecutor. To an Information is attached an Affidavit To Show Probable Cause, under oath. The documents name a defendant, set forth the facts counstituting the offense, the statute, which has been violated, and the source of the information (confession, eyewitness, etc.).

The judge then issues a bench warrant to the sheriff for arrest of a defendant. The court cannot proceed futher until the defendant is served with warrant plus information and affidavit service results in arest, and the defendant is taken into custody.

Upon arrest, a day for the defendant to appear in court is set normally within one week. At arrest, the defendant will be advised of: (1) the charge; (2) right to an attorney; (3) right to an appointed attorney at state expense if he can't afford an attorney; (4) does not have to say anything without an attorney present; (5) anything said can be used against him court; and (6) right to bail, amount of bail, and way to post it. The defendant is allowed free phone calls to tell people where he is, and to arrange bail.

The defendant may be arrested before papers have been filed when the officer has probable cause to believe he has committed a crime. Then he will be told these same rights, except bail. But if a warrant is not secured from a judge within 72 hours, he must be released (he can be rearrested later, however).

At the first court hearing (arraignment) the court will:

Ask the defendant (1) if he has an attorney, intends to employ an attorney, or needs attorney appointed for him; (2) if he is prepared to enter a plea of guilty; (3) advised defendant of his right to jury trial; (4) if the defendant says he wants to waive any right, court will examine him to see if he understands rights and effect of a waiver; (5) reconsider the matter of bail possibly by a pre-trial release report; (6) possibly set the matter for preliminary gearing or for omnibus hearing and/or set the case for trial.

If the defendant remains silent court will enter a plea of not guilty, set the case for jury trial, and appoint an attorney and consult with the defendant.

Between arraignament and trial, the defendant has the right to discovery: to see investigantory file of prosecutor, take depositions of witnesses, view physical evidence, have special investigators appointed or expert witnesses hired to examine evidence and testify, right to compel people to come and testify (subpoenas), or procedure tangible evidence, etc. He must tell prosecutor names and addresses of his witnesses, and certain special defenses (as alibi or self-defense). If the defendant is indigent all necessary costs of defense will be paid by the state.

Between arraignment and trial, the prosecutor and defense attorney will engage in plea and/or sentence bargaining. There may be special pre-trial hearings on issues of the admissibility of evidence (such as a confession, evidence seized by a search warrant, etc.). There may be a preliminary hearing requested by the defendant to test the existence of probable cause. Court may set omnibus hearing with prosecutor and defense attorney to discuss if case is ready for trial. In criminal cases the judge keeps the case moving; in civil cases, the lawyers do.

If the defendant pleads guilty or convicted at trial the court sets sentencing hearing and pre-sentence report (normally prepared by Probation Department). The report will contain: criminal, educational, family and work histories of the defendant; statement of facts of the crime charged; and drug or psychological evaluations. The defendant gets to view report before hearing and can introduce evidence at hearing. Victims are often invited to hearing, and can give input on what they believe should happen. However, the court may be bound by a form of mandatory sentence.

If sentenced to prison, the defendant is sent to the Department of Corrections, which selects the actual prison.When released from prison he is placed on parole (like probation - periodic reporting to officer).

A purpose of jury was to keep citizenry informed about rightness of the law as a check against tyranny of the law. That protection is breaking down because of (1) inability of the law; (2) failure of the jury to know the penalty; (3) the dramatic increase of pleabargaining; (4) the development of Administrative Law where there is no right to a jury trial. At the same time, confrontation of the offender is breaking down. Confrontation means: This is What you did; It was wrong; You chose to do it; Here is the hurt you caused; Here is what you must do to make the wrong right; Don't do it again. Without confrontation there is little chance of reformation.

Problems are:

(1) lack of speed in the process; (2) plea bargaining; (3) lack of direct confrontation by victim; (4) prosecutor distcretion; (5) change in defense attorney from counselor to upholder of rights rules, and process; (6) Juvenile Justice System; and (7) highly adversarial nature of the process.

Results are: excuse, justification, rationalization and blame-casting of defendant rather than repentance.

EXERCISES.

1. Translate the following words and word combinations or find Russian equivalents:

Arraignment; depositions of witnesses; to take into custody; affidavit; prosecutor; plea bargaining; information; pleadings; the existence of probable cause; to introduce evidence at hearing; mandatory sentence; to be placed on parole; confrontation of the offender; jury trial; subpoena.

2. Translate the following sentences into Russian:

1. In both criminal and civil proceedings, a document (pleading) must be filed with the court to start a proceeding. In criminal law it is called an information.

2. The papers are filed for the state by a prosecutor. O an information is attached an affidavit to show probable cause, under oath.

3. At time of arrest, a defendant will be advised of: (a) the charge; (b) right to an attorney; (c) right to appointed attorney at state expense if he can’t afford an attorney; (d) that he does not have to say anything without attorney present; (c) that anything can be used against him in court; and (f) right to bed, amourt to bed, and way to post it.

4. The judge issues a bench warrant to she sheriff for arrest of defendant.

5. At the first court advises for arrest of defendant jury trial and if defendant says he wants to waive any right, court will examine him to see if he understands rights and effect of a waiver.

3. Fill the gaps in the sentences below with the words and expressions from the box. There are two expressions which you don't need to use.

prosecutor, subpoena, deposition, indigent, pleading indictment information, custody, public defender ,interrogatory, bench warrant, affidavit to show probable cause, confrontation, omnibus hearing, request for admission, testimony, bail

1. Documents filed in any court case are called _____.

2. To begin a criminal case, the_____ files either an_____ together with an _____; or an _____ as a result of actions of a Grand Jury.

3. This document, issued by a judge in a criminal case, causes you to be arrested_____.

4. This document, in either a civil or a criminal case, orders you to appear and testify_____.

5. If a person is taken into_____ without a court order, the police may only hold him for 72 hours,

6, Three types of discovery are_____;_____ and _____.

7. In a criminal case, if the defendant is _____, he is often represented by a _____.

8. In a criminal case to see if a case is ready for trial, a judge meets with the attorneys in an _____.

9. In a Criminal Law the act of setting a witness face to face with the accused is called_____.

4.Find English equivalents for the following Russian expressions:

заявление об обвинении; письменное показание с целью выдачи ордера на арест ; приказ суда; судебный ордер; взять под стражу; выдавать на поруки; освобождать из-под стражи под залог; предъявление обвинения; отказываться от права; обязательное, по закону, наказание; условное освобождение; очная ставка; прокурор; вызов в суд по повестке; обвинительный акт; суд присяжных; давать показания.

5. Translate the following sentences from Russian into English:

1.Судебное дело о привлечении к уголовной ответственности за совершение преступления возбуждает прокурор.

2. Судья выдает шерифу ордер на арест обвиняемого.

3. Во время ареста обвиняемому сообщается следующее: (а) обвинение; (б) что он имеет право воспользоваться адвокатом; (в) что он имеет право на адвоката за государственный счет, если у него нет средств оплатить услуги своего адвоката; (г) что он имеет право не отвечать на вопросы в отсутствии своего адвоката; (д) что все сказанное им может быть использовано против него в суде и (е) что он имеет право быть отпущенным под залог

4. Обвиняемый имеет право быть ознакомленным с показаниями свидетелей.

5. Потерпевшие часто приглашаются на слушание дела .