Probable cause and other levels of proof

Before the various steps of' the criminal justice system can be initi arrest, bookin2, arraiõnment and sentencina diftèrent levels of proof are required. The levels of proof recognized bv law are as follows:

Suspicion: The lowest level of proof justitÿing a police action. Suspicion may occur when a police officer has only slight evidencc ta believe that a crime has been or is in the process of being committed. It permits a police officer to initiate an investigation.

Reasonable Belief: Reasonable belief is a specific and reasonable conclusion drawn from obsecvable facts. It permits the police to stop and

search a person when (ilCV have reason to believe thev are dealing with an armed and dangerous persons.

Probable cause: This higher level of proof exists when one has sufficient and reliable information that a crime has been committed and that the accused has committed that crime. It is the slandard used for arrest, search and arraignment.

Preponderance of Evidence: This means that the weight of evidence is greater for one side than tar the other. This is sufficient tor making a judgemcnt in civil cases, but not enouah to convict in criminal cases. Beyond a Reasonable Doubt: This level of proof exists when, after examining the evidence presented, a reasonable person would rely on it. It is the standard needed to convict in a criniinal case.

It is difficult to distinguish between each of thc levels of the proof described above. Yet the different levels OF proof serve as a good illustration of how society attempts to deal with the problem of protecting the state from crime while at the same time guaranteeing and protecting an individual's libertv. The aim is to limit police actions that are unreasonable or discriminatory while at the same time making it possible for the police to enforce the law. Mere suspicion IS not enough to put so•neone iniail, and proof bevond a reasonable doubt is needed to prove criminal guilt. No person can be found guiltv of a criminal offence without proof bevond a reasonable doubt, hilt a person can bc arrested and searched. and tom)ally charged vy•ith a crime on the basis Of evidence that is less than that required to convict him.

(Law, Order and Justice, L).T.Taylor)

Ex. 38. Answer the questions on text

How many levels of proof are there'?

2. \.Vhat is the aim of the levels afproof?

3. Is it easv ro distinguish between di fferent levels of proat? 4. What does the level of suspicion •nean?

5 Is reasonable betiefcnough to make a search of a person?

6. What is the standard used for arrest, search and arraignment?

7. What does the level of beyond a reasonable doubt mean?

Ex. 39. Make up a summary of text "C":

Additional texts

Text li Do a written translation of the text.

THE BELLS OF THE OLD BAILY

In 1834 the Central Criminal Court "tas set up by statute, as the Court in which the Corntnissioners were to do their work. Since that time the proceedings held at the Sessions Housc were those of the Central Criminal Court. By the Judicature Act of 1875 the Centra) Cviminal (Tourt was constituted part of the Hieh C'ourt of Justice. IIS jurisdiction has been subsequently extended and now covers indictable offènccs (oftënces other than those triable sumrnarily betòre magistrates), committed within the City of London, the counties of London and Middlesex, and much of the surrounding country-side. it also has jurisdiction over offences committed on the High Seas (thus inheriting the criminal jurisdiction of the Court of Admiralty). And less serious oitënces, if committed within the City ot• London, are tried at the Central Criminal Courl.

The Court must sit for at Icast twelvc sessions in the year (it in tuct sits for twelve), and each session lasts for nearly a month. The vacations observed bv the civil side of the Supreme Court have no place here. At the beginning of each session is read out the list of persons comnussinned to hear cases. The persons so commissioned are the Lord Mayor Of London, the Lord Chancellor, all the judges of the High Court and certain other persons. The Court may sit in two or more divisions ("courts") and these mav be as manv as five. The majoritv of the work is done bv the three officials together with one or more special commissioners. But on the third dav of each session a profèssional judge sits to tr,•' the most serious cases, and continues until they have been disposed of.

There is a tendency tow•ards a rnare humane adlninistratian of the "criminal law. For many vears the reform in the punishment of offences after conviction has been accompanied bv a trend towards a more satisfactorv trial of accused prisoners betOre they are convicted.• English crnmnat law has progressed over the centuries, fram an attitude which regarded the fact that a man was charged with an offence as strong evidence that hc had committed it, to one which affords the prisoner all the consideration and courtesv due to an innocent man antil he is proved guilty. But the old traditions die hard, and judges and advocates who had been trained in the older school at the Old Bailev survived the formal changes.

Text 2. This article deals with the problem Of crime as Scandinavian criminologists sce it. Read the article and give your own opinion.

2.30

CRIMINAL POLICY OF THE FUTURE

(Scandinavian Studies in Criminologv)

Criminal policy's alternative that, in today's situation, represents a new and radical trend. stems from a sociological view of societv.

It iš; characteristiœ of the sociological view of criminal policy that criminality is seen as a conflict situation, and crime as the visible expresSK)n of a certain balance between diftèrent social pressures. The balance theory assumes that one no longer asks the question: "How can we eliminate crime?" because it is a meaningless question. Every society has, must have, crime and criminals. As early as in 1 897 Durkheim pointed out that even a society of saints would have its social norms and its normbreakers. We therefore cannot merely propose the elimination of crime as a fundamental goal, but, we can strive tar a certain type of balance, we can try to influence the structure of criminality, its gravity. The fact that criminality is experienced as a conflict between dissimilar pressures which keep each åther in balance has an important consequence; in everv problem situation in criminal policv it becomes equally important to take a stand as to the possibility of thawing societv's control. its evaluations, its organizations, including both laws and control apparatus, as it is to take a stand on the problem of how the criminal shall be influenced.

The classical examplc of this phenomenon IS, ot- course, the experunent countries tried before the Second World War. An attempt was made to influence the general public with the threat of punishment. The results of these methods were, for diffërent reasons, disappointing. fn this situation certain countries experilncnted with even harder control measures; other countries chose the opposite alternativc of de-criminalizino the use and sale of alcohol.

There are many forms of de-criminalizing. What followed the prohibition law example may most correctlv be characterized as "le-galizing"• special institutions and special legal norms are provided for behaviour that was earlier defined as criminal.

Another type of de-criminalizing is to be found in those sectors which cover the area of moral crime. it is a so-called complete decriminalizing where the punishment is not replaced by anv measure at all from society. Concerning problems within this area, it is obvious that criminological research can, here, in a decisive manner influence the structure of criminalization. Research can diffèrentiate offence categories

according to the consequences: ror example, bv finding out to what extent certain sexual behaviour, drinking behaviour, or a certain type of narcotic usage, causes suffëring or risk of suffering to, other people. and to what extern the behaviour only harms the person concerned himself. Whether empirical studies of this son can rnake possible the de-crilninalizing of certain types of narcotic crime depends entirely on what results are reached through research.

Lesson 8. РНУЫСМ, EVIDE.*'C.E

Содержание

Словообразование: (повторение) префиксы и суффиксы с противоположным значением; определение частей речи по формальным признакам.

П. Грамматика: сосласательное наклонение.

Ш. тексты: Теи Physical Evidcncc тем Fingerprints

Теи Crimc Scene and [)uties а Police ()fEcer at а Crime Scene

IV. Дополнительные тексты:

Ё . Fingcrprints

2. Latent l'rims

Phonetic exercises

Ex. l. Repeat the following words after the speaker:

preservation, phase, worthless, inefficiently, methodologv, exists, designated, initial, custody, final, within, admissibilitv, precautions, insure, viable, whether, analyzed, compared, chances. pieces, debris, fibres, adhering, removed, packaged, measured, circurnstantial, specific, certain. scene, corroborative, through, intrinsic, su fliciently, none, touching, preliminary, survey, acquaint, complete, accompany, guard, surfaces, movable, thoroughlv.

Ex. 2. Repeat the following word combinations after the speaker:

preservation of physical evidence: mav be worthless if inefficiently handled; a methodologv exists; the scene of a crime: initial discoverv; temporary custody; final disposition; precautions taken to ensure: no viable alternative; whether or not; compared with the shoe; certain fibres, etc. adhering to it: can generally be measured; circumstantial evidence•, a specific circumstance: corroborative evidence; through physical evidence; great intrinsic value; none of which: touching any object; the preliminarv survey; to acquaint the investigating officer, guard against contamination of such objects and surfaces; thorou2hly searching; carefully packaged.

Wordbuilding exercises

Ex. 3. Read and translate the following words (the prefixes un-, in-, im and the suffix -less make the opposites of the given words):

a) important unimportant visible invisible valuable invaluable able - unable concrete Inconcretc perfect — imperfect identifiable — unidentifiable natural unnatura] dependent independent protected unprotected

b) efficientlv - inefficiently cotTectlv - - incorrect(v completely incompletelv indircctlv sufficientlv — insufficiently

c) •worth worthless - careless victim victim less weapon - weaponless blood bloodless lifeless

Ex. 4. Read and translate thc words and their derivatives: to remove - removal — removed to measure — measuremcnt measured to analvzc analysis analyzed 10 prove proof — proved to contanlin•clte - contamination contatn inated to destrov — destruction — destroyed to tind the finding — föund to mark — mark nnarked to handle the handling — handled to package - package packaged

Ex. 5. Find the roots of the given words, sav what parts of speech thev are and translate them:

enlargement. carelessness, undetectable, fingerprinting, unwarranted, coexistence. invaluable. inadmissibility, independent, worthless. discontinuitv, unforgivable.

Ex. 6. Read and translate the 10110wing international words (think of two variants of translation if possible):

physical, phase. object, to analyze, detail, chance, specific, to transport. contact, natural, expert, logical, deduction, constant, theoretical, automatic, dactyloscopie, positively, concrete, requisite. competent. action, 10 ignore, facsimile, hypothesis.

C.oeaara•re11bHoe Hav.•.nonel--llle (Subjunctive Mood)

Cocnavamem,noe HaKJ101fenue lipezrnonaraetqoe >Ke.naTIV'J1fAçoe LleÜCTBHe.

l)

] . (bOPMbl cocnaraTeJ1bHoro naKJIOHeHkl¶ (should MH(þHilHTHB 6e3 'to" 6e-3 "to") Y110Tpe6J1¶F0Tt'R:

Tit[la it is necessary (He06XOAllMO), it is important (B'òKH0), it is desirable ()KenaTeYlbH0), it is natural, it is reasonable (pa3YMH0), it is imperative (Kpaäue UC06xo;utMO) np., [[aupHMe.p: It is important that all people should help rnaintain public order.

Ba)KH0, ace 110JtACP',KHBaTb 061LteCTReHHbliä Ilop¶110K.

It is necessarv that an officer have an arrest warrant. He06xo•

LIT061,l

kl.•yten opaep Ha apecr.

2) B A0110JlHqre.(1bHbiX rrpunaTOLlHb1X npcAJ10*œEIHHx, ecnq rJlaron• CKagveMoe npenno»ceH11fl 111)HKa'M-1HHe, npe12J10xeilHe. AOrOBOPCHHOCTb to order to suggest (apea,qapars). to insist (uacra11Ba1b), to demand, to require (Tpe60BaTb). to recommend M AP., HarrpvtMep:

The investigator suggested that the witness should tell him what he had seen.

Cre,qovarem, qr06b' cBøžue-re3b paccK,T3a.11 CM_v, wro on BHAen.

The police officer insisted that the suspect bc apprehended.

[ACMqueiicKMïf Hac.TaMBa.n na 10M, HT06h1 nonmpeBaœMblñ

3anepxaH_

3) R nppuayoqllbl,x lipež_lnoxef-lqq.x BBOALfMSIX lest (q-r06b[ He). as if 6sr), HatlPRNtep:

The offender was arrested lest he commit further crimes. I apecT0BaH, OH He co.Bepu_1H.fl HOBbte npecTynneHH¶.

The person acted as if he vvere guiitv.

YenOBi2K Ben ce6q, KaK 6b1 OH 6b1Jl BHHOBCH.

Il. cocnara-reÄbH0F0 HaKnOneHH9,

Past Indefinite HJIH Past Perfect, yr10Tpe6ftflF0Tca:

I ) B AOflOfiHnve-JIbHb1.X ilPHAaTOYHb1X noc.rre Elarona to wish (M?enaT6):

а) для обозначения действия, относящегося к прошлом\' они совпадают с формами Past lndefmite, иаирииер: wish were (was) ап expenenced invcstigator.

Как бы я ХОТи] быть ОПЫТНЫМ следователем.

б) для обозначения действия, относящегося к прошлом\', ови совпадают с формой Past Perfect, напр.:

wish had passed the ехапп in criminalistic,s with Ьеиег теsults.

Как жа_ЛЬ, ЧТО я пе так сдал экзамен по криминалистике.

2) п условных предложениях:

а) малореального условия, т.е. ОТНОСЯщИХСЯ к настоящему или бу '№уще.му времени

Главное п е.;шо-жсвис	ГЛ илаточное п сдложение
\V0llld (should) + инфинитив совпаааюимс с Past lndc6nite ИлИ Past Conjnuous
stutients know their prafession better Студенты лучше бы знали специальность	if they- had morc practicc. если бы у них было больше практики.

vr№tc
Главпос п сдложение	П идаточное	е,лмож-ение
would (should) + перфектный ИПИтИВ без “to	формы, совпадающие с Past Perfect
poEice would have apprc hendcd Полипия задержала бы преступника	ifthey had arrived earlier. ссли бы прибыла раньше.

б) нереального условия. т.е. ОТПОСЯШИХСЯ К нан

ин

Thc

Примечание: в главньг.ч предложениях часто употребляются модальные глаголы coald и might с соответствующей формой инфинитива. например:

The 01Tcer could idcntifv thc offt•nder if he saw him.

Полицейский смог бы опознать правонарушителя. если бы увидел его.

The crime might have Ьсеп committcd if the policeman left his post.

Преступление могло бы бЫТЬ совершено, если бы _ полицеЙСКИЙ покинул свой пост.

Ill. )KenaTœ1bHbte lipennonaraeMble neÏlCTBH51 Mor-y•r Bbl EjraronaMH should HYIH would c õe'3 "to", HaFIPH_Mep:

The police ',vould use modern equipment fior detecting criminals.

6b1 ooops•'AOBaHue po_3bl-

CKa 11PeCTV11HMKOB.

Grammar exercises

Ex. 7 Translate from English into Russian:

It is not necessary that the criminal act be the sole cause ot• death, but only that it be a recognizable causal factor.

Most states require that the person etnphovinc' self-defense, use no force greater than that needed to protect himself reasonablv.

J . Many situations could lead to a serious breach of public order. or to a serious crime. Much of police work is seeinL1 to it thev do not lead to this extreme.

4. A society could and would not tolerate a situaliotl in which all laws are en(òrced against all people in all circwnstanees. There arc too manv laws and too manv lawbreakers. Whether we like it ar not, the police must be given the authority to decide in what ercurnstances the lass,' is to be enfòrccd and in what circumstances other means should be used this is the opinion of the US police.

5. Should the police be able to apprehend 25 per cent more suspects. the effect of this increase on the amount of work of the prosecutor and court could be very great.

6. ft is required that the investi2ator should use a varietv of investigative techniques to develop confidential and other inlörmational sources.

It is important that the prosecutor should not have the conviction psychology.

8. If the policeman had searched the criminal, he could have thund a gun.

9. It is essential that the juvenile officer be able to help the delinquent to understand his problems and correct his deliñquent behaviour.

10. There can be no conviction unless the guilt of the detëndant is established. It Ineans that the defendant is assumed to be innocent until proved guilty. So the investigator should provide the evidencc of guilt lest the defendant be acquitted.

l l . It is reasonable that the nature of the offence importantlv atlèct the probabilitv of having a known suspect.

] 2. The invesljgator insisted that interviewing skills be chiefly learned on the job.

13. The judge suggested that the accused be released for lack of probable cause.

14. If bail be great enough, staying in jai] until the trial could produce an additional effect on the offender and makc him con-

15. I wish I could take part in the investigation of this theft.

Ex. 8. Read and translate the following sentences paying attention to diffèrent functions of the verb "should":

In normal circumstances, the policeshould arrest only on the basis of an arrest warrant, although this is more the exception, than the rule.

2. Should the police be given the opportunitv which laws to enforce and against whom lhey shall be enforced? could only lead to an unjust and intolerable system.

3. Under the new penology equality belöre the law does not mean that all persons should be punished alike for the same acts.

4. [t is essentia] that punishment should be adjusted to the needs and dangerousness of the individual criminal.

5. The criminal said: ' 'While preparing for the commission of the crime f thought [ should not be detected".

6. It is imperative that those acts that may lead to punishment should be known.

It should be noted that the main functions of police work are maintaining public order and entOrcing

8. All information collected during the investigation ot- a case should be written down in the investigator's notebook.

9. It is required that the arrested persons should be isolated fronl each other.

10. The police officer suggested that a suspect should go to the police station to bc interviewed there. Ex. 9. Make up sentences.

interview wqtnesses photograph investigate cnmes

I wrish I could detect criminals drive a car usc crimirialistics equipment know psychologv well learned the Criminal Law worked as a

I wish I had not Inade this mistake helped my friend seen this film got the intarmation In time

Ex. 10. Read and translate text "A".

Text "A".

Phvsical Evidence

The finding, collectin!ž and preservation of physieai evidence are the most Important phases in a criminal investiœation.

Physical evidence is of value only if it helps prove a case or clear a suspect, The most valuable evidence may be worthless if inefficiently handled.

tn general, the term "chain of evidence" may be defined as the documentation of every article of evidence, frorn the point of initial discovery at a crime scene. to its collection and transport to a laboratorv. its temporary custodv and its final disposition. Within this context, it is natural that:

the admissibilitv of the inlbrrnation derived from anv article Of evidence be directly proportional to and fullv dependent on the manner and precautions taken to ensure that the evidence presented to a court has been protected:

there be no viabÌe alternative to a strong chain of evidence.

It is not always possible t6 know whether or not an object has evidential value until it is analyzed. For example, one is generally unabfe to see all the details in a shoe imprint until a cast has been made and that cast cotnpárcd with the shoe.

In collecting any object of possible evidential value an officer should keep in tilind the importance of the following:

l . The possibilities of fingerprints being found on it.

2. The chances of certain pieces of microscopic debris, such as hair, blood, paint, fibres, etc., adhering to it.

3. How that article should be removed, marked, packaged and transported. Physical evidence is something that is concrete, something that can generally be measured, photographed, analyzed, and presented as a physical object in court. Circumstantial evidence is a specific circumstance. For example, a suspect might be accused of burglary, and the shoes hc is wearing are proved to have made certain impressions found at the scene of a crime. The shoes and the imprint are physical evidence, while the tact that the suspect was Wearing the shoes when arrested is circumstantial evidence. Someone else could have worn the shoes at the time the burglary was committed, therefore that type of •evidence is circumstantial.

If there are witnesses, thc investigator needs corroborative evi-dence: if there arc no witnesses, the entire case must often be proved through phvsical evidence alone.

A lone piece of evidence, because of its great intrinsic value and the impossibility of being duplicated, tnav be sufficiently important to warrant a conviction — for example, a fingerprint, At other times it may be a combination of a number of articles of physical evidence, none of which') are conclusive"'. that proves the case.

The intrinsic value of physical evidence often depends on its location. A hat on one's head has little significance but if it is round beside a murder victim it might become of great importance.

There is no such thin• as a perfect crime, a crime that leaves no traces there is only the inability to find the evidence.

When the investigating officer arrives at a crime scenc it is necessavv that he should first protect the scene and prevent anybodv from toaching any object.

The preliminarv survev is to acquaint the investigating officer with the entire scene and its important details. After he has completed his preliminarv survey the photographer may go to work. It is important that thc investigator should accompany the photographer, pointing out various objects of possible evidential value. He should note possible location of latent prints (invisible prints), and guard against contamination of such objects and surtaces.

After the general scene has been completely photographed, the officer with casting equipment casts all possible imprints, if such are present, and then the 6ngerprint тап should work оп various obiects. Не shouid also note movable objects whcre i3ngerprints тау [зе found. and should carefully remove them to а safe place finr dusting and developil]2 later.

As the 6ngerprint тап completcs his work, tbe investiuator тау go to work thoroughlv searching the scene ofpossible evidentiaI value.

As evidence is found, it should be marked. caretillly packaged, each article separately, and piaced in some locality where it wiil not be асstroyed or contaminatcd. until it is transported го а laboratory.

(Scientitic lnvestigation and Physical Evidence, L.V.jones) Notes:

) попе ofwhich are — ни один из которых 2) conclusive (here:) — убедительный

Ех. 11. Find svnonvms:

to look for, to ana1yze, а possibility, custodv, laten1, impressions. а picture, а dactyloscopic expert, to search for, ап article, а criminal, а probabilitv, to examine, imprints, а photograph, preservation, invisibke, ап item, а ftngerprint тап, а perpetrator.

Ех. 12. Find the equivalents ia the text:

доказать дело, снять подозрения с подозреваемого, ценные векцествениые доказательства. сделать слепок, косвенные улики, кража со взломом, убийство. подтверждающие доказательства, предварительный осмотр места происшествия, изъять предметы, уничтожить или загрязнить улики, осматривать место происшествия в целях нахождения отпечатков пальцев, жертва, доказывать дело лишь с помощью вещественных доказательств, оберегать место происшествия, закончить предварительный осмотр, отметить расположение отпечатков пальцев, дактилоскопист, обработать ПОРОШКОМ, промаркировать улики, упаковать '.'лики.

Ех. 13. Give all possible word combinations:

prints (скрытые, видимые, невидимые, пластичные) evidence (вещественные, косвенные, прямые, подтверждающие, убедительные)

6ngerprints (найти, обработать порошком, проявить, подделать)

evidence (HCKaTb. vt3MepflTb, M3BneKaTb, pagpymaTb, garpqgHITb, c061•lpaTb) the scene of the crime (OCMaTPHBaTb, oxpaH51Tb, (þo-rorpatþHpoBaTb)

Ex. 14. Compleçe the sentences using the words in brackets: (circumstantial, value, a cast, examined, the preliminary survey, to clear, contamination, to prove, marked, fingerprints, gathering, removed, corroborative, to protect).

Physical evidence is of value only if it helps a case or . . a sus-

2. The first phase in handlin¿ physical evidence is . . all potential evidence at the scene of a crime.

3. If a shoe imprint is found at the crime scene, . . should be made and compared with the shoe.

4. . mav be fòund on anv object of possible evidential value.

No article should be moved or touched until it has been photographed and tor fingerprints.

6. If there are no witnesses, the investigator needs evidence.

7. The first responsibi]itv of an officer is the crime scene,

8. The iñvestigating officer should prevent of obiects which may bear fingerprints.

9, After being photographed objects wherc fingerprints may be found should be carefüllv from the scene.

10. When the fingerprint man completes his work, the investigat-ing officer should examine the scene for articles of possible eviden-

All evidence round at the scene of a crime should be and packaged carefully and transported to a laboratory.

1 2. The aim of is to acquaint the investigator with the entire crime scene and its important details.

13. Besides physical and corroborative there is also evidence.

Ex. 15. Read and say whether the following statements are true. If not so, correct them:

The investigator always knows whether or not an object has evi dential value.

2. The investigator should handle objects at the scene of a crime with grcat care.

3. Objects from lhc crime scene should be removed and then photographed and examined.

4. Physical evidence is something that can be presented in court as a physical object:

5. Circumstantial evidence has no absolute evidential value.

6. A lone piece of evidence is always enough EO prove a case.

7. Corroborative evidence is needed when there are no witnesses.

8. On arriving at a crime scene the officer should first remove ob jects of possible evidential value.

9. The investigating officer's duty is to protect objects which may bear fingerprints.

10. The aim of the preliminary survey is to note the location separate objects.

l l . As articles of evidential valuc are found, they should be transported to a laboratory.

12. The investigator should prcvent evidence from being contaminated.

Ex. 16. Answer the questions on the text:

What are the most important phases of a criminal investigation?

2. Whv should an officcr keep in mind that any article on the crime scene should be handled with great care?

3. What does the term "chain of evidence" define'?

4. What types of evidence do you know?

5, What is physical evidence?

6. In what way is circumstantial evidence diftèrent from physical evidence?

7. When is corroborative evidence very important?

8. What is the first responsibility ofan officer at a crime scene?

9. What is the aim of preliminary investigation?

10. How should the investigating officer conduct the examination of the crime scene?

1 1. What should be done with physical evidence found at a crime scene?

Ex. 17. Read the definitions and give the name of the corresponding actions or notions.

Al! articles found at the scene of a crime which help prove a case are called .

The prints of the hands left by a criminal on objects which he touched during the commission of the crime are called .

The process of observing the whole of the crime scene and noting the location of its objects is called .

4. The process of using special powder to develop latent prints is called .

5. A person who can give itifonnation about the crime or the criminal is called a

6. An imprint left by the criminal which cannot be seen without spe„ cial techniques is called .

Ex. 18. Explain what is:

l ) phvsical evidence;

2) circumstantial evidence, 3) corroborative evidence;

4) a fingerprint:

5) a latent print;

6) contamination of evidence; 7) the preliminmy survey.

Ex. 19. Translate the sentences into English:

AOJ1)Ken c06paTb BCe BellRCTBeHHbJe YJIHKH Ha Mec•ve npecTyrnneHktg.

2. Bo Bpe:qq npeAßapMTeJtbHoro OCMOTPa cneaoßarenb 3HaKOMHTC¶ C Mec.TOM H ero nemaJIMMH.

3. l_lenb geueCTBeUHb1X VJNUK OÕeC[1eHHTb AOKa3b1BaHHe.

4. ZIOJTA<CH oõecneqwrs COXPaHHOCTb Mec^rra apomLIT ecrenq„ upecTYTiHHK OCTaBnaer cneAbå. 6. [IpeAMeTbl Ha NßCTC rrpccTY[ta^rtCHHR HCï1b39 -rporaTb, t]OCKO.11bKY aa HMX MoryT 6b1Tb o^rrneqaTKH naJ1b11fàB.

7. Bce [IPe11NœTb1, Ha KOTOPbP{ MOFVT 6b1T6 CKPb1Tble OT11eqaTKH, cnenyer OCTOPO)KHO C Mecma

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Ex 10. Find the sentences with Subjunctive Mood in the text and translate them.

Ex. 21. Read and translate the sentences W'ith the Subjunctive NIQ0d:

a) l . On many occasions an expert listens to the evidence for the first time when it is given at the trial and realizes fòr the first time what he might have done to assist the court if he had onlv known earlier.

2. While the circumstances may have been explained at some time to the. laboratory expert, they 'Will not be impressed on his mind in the same way they would have been if he had visited the scene of the crime.

3. It is of primarv importance that the greatest care should be taken to prevent any possible contamination or various sam-

4.
A suspect might claim the contact traces on his clothes were not received at the crime scene. It should be that the explanation looks natural.

5. it is necessanp that no objects should be overlooked through inability to recoonize their evidential value.

6. A practice of tbrcing a suspected tool to sec if it fits a mark could destroy the individuality of a particular mark.

7. If police work were seen mostly as a broad category of occupations which deal with people who are difficult to handle, individuals would enter police work because they wanted 10 help people and not because of romantic ideas.

8. The first category of police tùnctions may be defined as "order maintenance' , and the second category "la'" entarcement" would include responding to reports of crimes.

9. One of the \najor conceptions employed in the law for the determination of liability is the necessary cause, the cause but for which the particular result would not have occurred.

b) I. Every object of the material world has its own specific features which help identify it. Yet this requires that the traces left by the object imprint the features that make it different from similar ones.

2. The examination of footprints helps determine a number of important factors that could be used in identifying a criminal if he 'sere arrested.

3. Cnminalistic photography is widelv used in criminal trials. However, this would be impossible in the absence or legal regulations.

4. The gathering of factual material would be unreasonable without hypothesis explaining the cause that gave rise to that evidence.

5. One must put himself in the place of the criminal. What would the investigator himself do if he were in the same situation and conditions?

6. It is natural that the process of investigation should begin with examining the scene of the crime.

7. It is essential that different investigation methods be used with regard to different crimes.

8. During the examination of the crime scene the investioator should record all details pertinent 10 the crime lest any important item of evidence remain overlooked.

9. It is necessary that, in all legal systems, the law require that investigation bodies should not use any drugs.

Ex. 22. Use the proper form of Subjunctive Mood.

It is desirable that the investigator (to accompany) the photographer on thescene of a crime.

2. If the investigator (to have) more evidence, he (to be able) to prove the case. But he hadn't.

3. The police (to arrest) the offender. But his identity is still un-known.

4. It is essential that all articles of evidence found at the crime scene (to be marked) properly.

5. Corroborative evidence (to help) to prove the case.

6 If fingerprints (to be found) at the scene of the crime, the perpetrator (to be identified).

7. It is necessary that all objects (to be exatnined) for latent prints.

8. The law requires that the investigator (to use) only lavv•ful investigation methods.

9. The criminal was very careful and tried not to leave any traces lest the police (to establish) his identity.

10. It is imperativc that the police (to protect) the crime scene.

l l . The officer demanded that the expert (to cast) the imprints of the shoes left on the ground.

12. If the investigating officer (not to find) phvsical evidence, it (to be) difficult to investigate the crime.

Ex. 23. Read and translate the sentences paying attention to ditTërent functions ofthe verb "to be":

Each phase is of equal importance if such evidence is to be accepted by the courts.

2. It is not possible to know whether or not an object has evidential value until it is analyzed.

3. The shoes the suspect is wearing are proved to have made certain impressions found at the scene of a crime.

4. The value of physical evidence is based on the law of probabilities.

5. There is no such thing as a perfect crime — there is only the inabifity to find the evidence,

6. The preliminarv survev is to acquaint the investigating officer with the entire scene and its important details.

7. A latent print is one which is obtained in connection with an investigation involving identification.

8. Latenc prints are unlikely to be made on any bul good surfaces such as glass.

9. The primary objective of giving testimony in court is to present the facts as the investigator found them.

Ex. 24. Read and transtate the sentences paying attention to-ing forms. An officer should keep in mind the possibility of fingerprints being found on an object.

An investigating officer should know of the chances of certain microscopic debris adhering to an obiect of possible evidential value.

3. Articles found at the crime scene should be moved with the least chance of having such evidence destroyed or contaminated.

4. A Ione piece Of evidence, because of the impossibility of its be-ing duplicated, may be sufficiently important to warrant a conviction,

5. Be ready to prevent misleading emphasis being placed upon fingerprints as the means of identifying a criminal.

6. Witnesses and victims being questioned by an officer are likely

to re-enact their own actions and thosc of the criminal.

7. Being easily seen Ihc plastic imprints and visible prints are more likelv to attract attention than the true latent prints.

8. Prints from the palms being highly individual arc regarded as an important means of identification.

Ex. 25. Read and translate the sentences paying attention to the lnfinitive in different functions:

To enter the scene of a crime and carelesslv handle objects before they have been photographed and examined for fingerprints is unfòrgivable.

2. If there arc no witnesses, the entire case must be proved through physical evidence alone.

3. The first officer to arrive at the scene of a crime has two major responsibilities: a) to examine the victim for signs of life, and b) to protect and preserve all physical evidence.

4. Various movable objects where fingerprints may be found, should be carefill(y removed to a safè place to be dusted later,

5, Any palnier skin design will serve to positively identify a person.

6. The investigating officer must look particularly for those surfaces which he may expect to be most productive in retaining latent prints.

In order to determine if there are items which possibly mav have latent prints, the officer should question the victim and witnesses, and should also rely upon his observations and experience.

8. Removed evidence should be examined in an effört to detect latent prints.

9. [f the hands are very clean and cold, latent prints are unlikely to be made on any but good surfaces such as glass.

10. To make a facsimile of a fingerprint would not be difficult

It is certainly possible to make a fingerprint by means of a copy executed, tur example, in rubber.

12. Given a hard protected surface unlikely to be touched, a print is almost permanent.

13. 'n visible prints dirt, blood, etc., on the fingertip will enable the print to be made.

Ex. 26. Read the following story and trv to find the criminal:

The Plot

One bright summcr afternoon Sir Giles Porteseue was found 'nurdered in his studv at the Grange. He was murdered with an Indian dagger stuck into his back as he sat writing at his desk. His old servant, who had been with him for many years, found him and estimated the time of his death at 15.45,

The Suspects

Detective Inspector Sludge, after interviews with those known to be near the scene of the crime at the fatal time, came to the con-clusion that it must be one of the three guests who had been staying with Sir Giles at that time. All three guests knew that they would have the house and the monev after Sir Giles' death as he had read the will to them the evening before. Al] three guests had gone out that afternoon. Accounts of their activities are given below:

I. Colonel Adams, a retired officer of the Indian army, went fishing by the 14.57 bus. He said he then had changed for a train and fished the whole dav. He saw no one. He had his return ticket as proof that he was on the train. No one at the station remembers him.

2. Miss Blake, a young lady of 22, left the house to go shopping at 15.15. She took the 15.20 bus. A shop assistant remembers her being at the shop at 15.30 and later she was seen at the post office at \6.05. She said she had tea at a tea-shop between her visits but no one remember-S her at the tea-shop.

3. Mr. Clarke, a young man of 26, went out in his car to see an antique dealer with whom he had an appointment for 16.00. The ser-vant saw him driving away at 15.35. The antique dealer says he was on time for his appointment.

And now solve the case by answering the following questions

1. Colonel Adams

Inspector Sludge: If he committed the murder, how would he have done it?

You: If he had done it, he...

Inspector:	How could he have back to the Grange in
You:	He...
Inspector:	If he had done this, would anyone else have seen
You:	If he had done this. . seen hilÙ when There-

rare he could/couldn ^l t have done it.

2. Miss Blake Inspector:

	If she had committed the murder, how would she
You:	have done it'?
Inspector:	If she had done it, she... At what tirne u•-ould she have done it?
Inspector:	She bctwccn and... How would she have got back to the Grange?
You:	She could...
Inspector:	If she had done this, would she have had enough
You:	It seems that she...
3. Mr. Clarke	If he had committed the murder, how would he
Inspector	have done it? (f he had done it. he probably his ear and If he had done it, would he have been in time för
Inspector	his appointmcnt? He could an time for his appointment if he

his car al a very high speed.

Ex. 27. Read and say whether you agree with it:

It is not to be expected that the investigator should also play the role of a laboratory expert in relation to the physical evidence found at the scene of a crime. Obviously, his knowledge of such methods as a chemical analysis or a physical test would not be adequate. The basic work of the investigator is investigation. It is not necessary that he should perform scientific examinations. But photography, physical methods OP reproduction, the development of latent prints, and many other simple techniques should be part

of the investigator's professional training. In general. the investigating officer should know the methods of finding, gatherinu. preserving, and transporting evidence.

2. The search of the scene Of the crime is, in certain offences, the nnost important part of the investigation. Obviously, man v crimes do not have a "scene" in the sense of an area wherc traces are usually found, e.g. forgery. Crimes of violence, however, involve a fight, the use of 'weapons. etc. Traces may be in the förm of clothing, shoc impressions, fingerprints, blood stains, etc. But it is necessarv that not onlv the eftëct ol' the criminal on the scene should be considered. but also the manner in which the scene mi"ht leave traces on the criminal, e.g., dust. soil, paint, etc- So the investigator should keep it in mind and gather samples of the trace material which could help him link thc criminal with the crime scent.

Ex. 28. Read and explain:

l . In the United States a criminal obtained the fingerprint of a man, and reproduced it by means of a rubber Stan-IP (pe3HH0Bb1ñ 1_n-raM11). He left four visible prints in grease (CMa3Kr,l) when a garage was robbed (orpa6MTb), During (he examination it was Observed that each of the prints began and ended at specific ridges, and measurements with a ruler ( JïHneñKa) showed that the tour prints were exact to the last millimetre. What does it prove?

2. A man attacked and robbed a woman. He was apprehended but

he had somehow disposed (H36aßĶTbcq) of the results of his robberv. The i.voman was unable to identifv him. An officer noted a trace of tåce powder (nvnpa) on the man's coat. The man plained that this was a trace of his wife's powder. But later he was charged with the robbery. WhvA

3. The body of a woman was found in a field. A suspect was apprehended by the police. There was much soil (3CM..U1) on his shoes and they were thoroughly examined, The man was accused of the murder. Whv9

Ex. 29. Read and retell the following short story:

An aged man named Farrows, employed in a paint shop near London, known to have much money hidden in the shop. On a rainy March morning, a little girl, walking by, saw him standing near the open door covered *Pith blood. The child, however. did not reporl the mattet to her parents until a few davs later, and when the police were called to the shop thev tbund Farrows and his wife dead in their upstairs room. An empty cash (ACHbru) box made the motive clear. A patrolman, examming the box. tound a single fingerprint on one side of the box. Afraid that he had made it himself bv careless handling, he hurried to Scotland Yard where the fingerprint was examined. After the search in the fingerprint files (KaPTOTeRH) it was discovered that the fingerprint had been left bv a man named Straton, a housebreaker. His arrest followed and he was tried for murder.

Ex. 30. bo the written translation of the following text:

Vollmer was one of the first in the West to recognize the potential value of fingerprints in crime detection and to use the system in his departtnent. In the early years of his carccr he was responsible for installing police call boxes on street comers. He also played an important role in the development of the lic detector and put it to practical use.

Ex. 31. Read the following text and find to the questions:

l . What are contact traces?

2. Why is the transfer of traces a two-way process?

3. Whv is the help which the expert can give in the case of contact traces limited?

The words which will help you understand the text are: transfer, n — IkepeHoc available, a — nocyvnHb]ñ

Trace Evidence

NIuch of thc criminai officer's work consists in providing evidence which links a person (the suspect or defendant) 'Wilh a place (the Scene of the crime) or an object. The link may be direct or indirect. The guiding principle in criminalistics is "Every contact leaves a trace". Identification of the trace may provide evidence of the contact. The examination of contact traces is most frequently necessary in such crimes as theft and burglaries. kn this case, the following items are to be examined:

l ) tk)0tprints;

2) fingerprints;

3) impressions reproducing the shape of the objects which made them;

4) pieces of wood, metal, glass, etc., which are broken off in committing the crime;

5) pieces of clothing, hairs, etc.;

6) stains and traces of materials, such as paint, oil, etc...

The transfer of traces is often a two-way process. Traces from ihc crime scene may be carried awav on the person, clothing. etc., and at the same time, traces may be left at the crime scene by the criminal.

However, the help which the expert can give is limited if no one in particular is suspected or if no arrest bas been made. i.e. if only the scene of the crime is available for the examination. But even in this case the detective must make a thorough examination which may help him discover what size and type of footwear, or what colour and material ol' clothing the criminal was wearing.

(Forensic Science. H.J.Wails)

Ex. 32. Read text "B" without dictionary and try to understand it in general. Here are some new words: to targe nongeJ1b1BaTb a hand-lens — CICKJIO

Text "B".

Fingerprints

The studv of fingerprints-is the best means available for identifWing individuais. Fingerprinting is a sin-HTle and inexpensive means Of recording an unchanging characteristic of an individual. Fingerprint records are consulted to determine if there is anv prior criminal record, Thev help in determining the identity of the dead or injured. First the anthropometncal system introduced by Alphonse Bertiilon in 1 882 was used as the means of individual identification. But in 1896 Argentina became the first country to introduce dactvloscopy with the formation of a fingerprint classification system developed by Dr. Juan Vucetich. In 1897 in India Inspector Edward Henry worked out his fingerprint classification system• And by thc beginning of World War I England and practically all of Europe werc using dactyloscopy. This method is still used today though it has been further improved. Fingerprints are perhaps the most common form of physical evidence and certainly one of the most valuable. They relate directly to the final aim of every criminal investi-gation the identification of an offender. Fingerprints of the offender are often found at the scene of a crime. However, the prints can be easily destroyed by the first careless act. They are also, in many cases, difficult to find, especiallv latent prints. So it is necessary that the crime investigator make a thorough search of al] surfaces in and around the scene of a crime. Particular attention should be paid to such places as the backs of chairs, table tops, telephone, etc. Valuable help in obtaining laænt prints may be given from a person who knows the usual layout of the crime scene. He may point out articles that are out of place or identify objects that may have been brought in by the criminal. The possibility that the weapons of science can be turned against itself by the tòrging of fingerprints cannot bc ignored. At least forgery is of theoretical importance. To make a Facsimile of a fingerprint for some purpose would not be difficult, but it becomes a verv diftèrent matter when it is put into practical use as a forgery. It is certainly possible to make a fingerprint and get from it a visible print, but the forged fingerprint does not stand up to expert examination. Evcn, if it were possible, it is easily detectable w^r ith the use of a good hand-]ens. The best weapon against such forgeries is, basically, the photographic enlargement.

(Fingerprinting: Magic Weapons Against Crime, E.B.BIock)

Ex. 33. Find answers in the text:

What was the first system of identification?

2. Who introduced dactyloscopy?

3. When was the first fingerprint classification worked out?

4. Why is fingerprinting the best means of identification?

5. Who may give help in obtaining latent prints?

6. Is forgery of fingerprints possible?

7. How can a forged fingerprint be detected?

Ex. 34. Do the foilowing tasks:

Divide the text into log?cal parts.

2. Give a name to each part.

3. Give the contents of each part in I -2 phrases.

4. Give the summary of the whole text.

Ex. 35. Give your opinion:

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