What is the crime being committed?

What is the crime being committed?

What would you do if you saw someone doing this?

What punishment would he receive if he were caught?

What words do you associate with the word “crime”?

Are crime levels on the increase in your country?

If so, what do you think are the reasons for this?

What are the most commonly committed crimes where you live?

Do people in your country generally live in fear of crime?

Is crime a major political issue? To what extent does the fear of crime affect you?

Ex. 2 Answer the following questions as honestly as possible. What would you do in the following situations?

1. You're lying in bed one night when you hear a noise that seems to come from somewhere in your house or apartment.
2. A dangerous criminal has been arrested. Unknown to the police, you were a witness to the crime but if this becomes known you will have to give evidence against the man in court.
3. You've left home and are on your way to work. Some 15 minutes from your house, you start to wonder if you closed your front door properly. You think you did but you're not positive. There have been a number of burglaries in your neighbourhood.
4. You've recently won an extremely large amount of money on the lottery. The story has appeared in a local newspaper and now everybody knows where you - and all your money - can be found.
5. You're due to go on holiday abroad for two weeks tomorrow, when you hear that two of your neighbours were burgled last night.
6. In a crowded cafe you see a woman steal someone's bag.
7. As you leave a car park you see a driver crash into a parked car and then drive off.
8. An untidy-looking man is lying in the gutter and groans as you pass by. There are spots of blood on his clothes.
9. A tough-looking man lights a cigarette in the non-smoking part of the train.

Ex. 3 Read the text and find the English names for the following crimes:

Подделка документов; кража; изнасилование; кража со взломом; тяжкое уголовное преступление; уголовно-наказуемый проступок; преднамеренное убийство; нападение; похищение с целью получения выкупа; мелкая кража на рабочем месте; растрата (хищения); азартная игра; проституция; колдовство; грабеж; вандализм; преступление против собственности; мошенничество; угон транспортного средства; нарушение общественного порядка; компьютерное преступление; бродяжничество; биржевые махинации; взятие заложников; захват самолета; поджог; преступление против общественного порядка или общественной морали; незаконная продажа наркотиков; убийство по политическим мотивам; экономическое преступление; пребывание в общественном месте в состоянии опьянения; террористический акт; преступление против людей; политическое преступление; сексуальное нападение; воровство; организованная преступность; гангстерское ростовщичество; беловоротничковое преступление (преступная махинация, совершенная служащим или лицом, занимающим высокое общественное положение); мошенничество при уплате налогов; преступление по страсти.

CRIME

Crime is a term that refers to many types of misconduct forbidden by law. The list of acts considered crimes is constantly changing. For example, people in the United States no longer are charged with witchcraft, though many were accused of that crime in colonial Massachusetts. Today, it is becoming a serious crime to pollute the air and water. In England during the 1700's, it was not a crime for people to steal money entrusted to their care by an employer. Today, this type of theft, called embezzlement, is a crime.

From a legal standpoint, a crime is a violation of the criminal law. Such law deals with actions considered harmful to society. On the other hand, most harmful acts causing injury to another person are violations of the civil law. Some overlapping occurs in this classification. For example, murder and rapeare committed against individuals, but the law considers them crimes because they threaten society. For this reason, a crime is regarded as an offense against the state.

An act is viewed as a crime if enough evidence exists to make a police officer, a prosecutor, or a judge believe that a violation of criminal law has taken place. However, the law does not consider accused people to be criminals unless a judge or jury finds them guilty.

Types of Crimes

Crimes may be classified in various ways. For example, they sometimes are grouped according to the seriousness of the offense. For statistical purposes, many governments divide crimes into offenses against people, against property,andagainst public order or public morality. Some social scientists classify crimes according to the motives of the offenders. Such crimes might include economic crimes, political crimes,andcrimes of passion. Other important kinds of crime include organized crime and whitecollar crime.

Crimes are frequently classified according to their seriousness as felonies or misdemeanors. Generally, felonies are more serious than misdemeanors. Felonies are punishable by death, or by imprisonment for a year or more. A misdemeanor is punishable by a fine or by imprisonment for less than a year. The classification of crimes as felonies or misdemeanors is inexact. Not all courts draw the same distinction between felonies and misdemeanors.

Crimes against people or property. Crimes against people include assault, kidnapping, murder, and sexual attacks. Such crimes usually bring severe punishment. Crimes against property include arson, motor vehicle theft, burglary, embezzlement, forgery, fraud, larceny,andvandalism. In most cases, these crimes carry lighter penalties than do crimes against people. Robbery is the crime most difficult to classify. The law generally considers robbery a crime against the person. Robbery involves taking property from a person by using force.

Crimes against public order or morality include disorderly conduct, gambling, prostitution, public drunkenness,andvagrancy (having no permanent residence or visible means of support). These offenses generally involve lighter penalties than do crimes against people or property. Criminologists question whether some offenses against public order or morality should be considered crimes.

Organized crime consists of large-scale activities by groups of gangsters or racketeers. Such groups are often called the crime syndicate or the underworld. Organized crime specializes in providing illegal goods and services. Its activities include gambling, prostitution, the illegal sale of drugs,andloan-sharking (lending money at extremely high rates of interest). Many of these activities are often called victimless crimes because both the buyer and the seller take part in them willingly.

White-collar crime originally included only criminal acts committed by business and professional people while earning their living. The term referred to such crimes as stock market swindles and other kinds of fraud. Today, the term covers such acts as cheating in the payment of taxes– which may or may not be done in connection with one's business. It may apply to petty thefts by employees, as well as to million-dollar stock market swindles. It could also include a service station owner's charging for an automobile repair that was not made, or a physician's billing a patient for services that were not performed. The increasing use of computers has created new opportunities for white-collar crime. Computer crimes are difficult to detect but easy to accomplish once a criminal learns the code or password to activate the system. Thus, automatic bank tellers increase the possibility of fraud or theft. Computer access by bank employees creates additional opportunities for embezzlement.

Political crime became an increasingly serious criminal activity during the late 1900's. It includes acts of terrorism against innocent people and assassinations of leading political figures throughout the world. Unlike many criminals who seek money or personal gain through crime, most terrorists and assassins commit crimes to show support for a political cause. Political crimes, such as airplane hijackings, assassinations, and the taking of hostages, have become more frequent. As a result, most governments have taken steps to guard against terrorists. For example, security at airports, embassies, and other potential targets has been increased, and specially trained law enforcement or military units have been formed.

B Arrange the crimes mentioned in the text into the table:

Crimes against people	Crimes against property	Crimes against public order or morality	Organized crime	White-collar crime	Political crime

Ex. 4 Study the list of crimes below and add the English terms to the table:

manslaughter	непредумышленное убийство
homicide	убийство
bribery	взяточничество
perjury	лжесвидетельство
slander	клевета (в устной форме)
blackmail	шантаж
abuse of power	превышение служебных полномочий
speeding	превышение дозволенной скорости
shoplifting	магазинная кража
mugging	хулиганство, нападение с целью ограбления
pickpocketing	карманная кража
treachery (treason)	государственная измена
espionage	шпионаж
libel	клевета ( в печати )
trespass	вторжение в частные владения

Ex. 5 Fill in the gaps in the sentences with the correct word denoting a crime:

1. The Minister sued the newspaper for ________ after it printed a story linking him to a well-known mafia boss.
2. The man was accused of ________ after it was found that the paintings he was offering for sale were copies of the original.
3. The young boys were found guilty of _________ after they were caught thieving from a newsagent’s.
4. The man, who set fire to a number of factories, was not suspected of ________ until police received a tip-off.
5. The charge of murder was reduced to _________ when it was proved that the killing had been accidental.
6. Anyone who goes onto that land without permission may be arrested for ________.
7. The woman was charged with ________ after she offered to pay the policeman a sum of money to overlook the offence.
8. In the seventeenth century a man called Guy Fawkes was executed for ________ after he took part in a plot to blow up the British Parliament building.
9. The bomb explosion was one of the worst acts of ________ Italy has experienced in recent years.
10. Stevens was imprisoned for a ₤60 000 ________ in which he sold holidays that did not really exist.
11. Two of ms Green’s employees lied to the judge to protect her. They were both convicted of ____.
12. That terrorist group was responsible for the ________ of a passenger plane earlier this year.
13. Two men who stole top secret documents were sentenced to life imprisonment for _________.
14. After the politically motivated killing of recent years, most leaders are afraid of _________.

Ex. 6 Find the common elements and explain the difference between:

1. assassination/ murder/ manslaughter/ homicide
2. shoplifting/ burglary/ robbery/ theft/ larceny/ pickpocketing/ embezzlement
3. fraud/ forgery/perjury/ slander/ libel
4. taking of hostages/ kidnapping/ blackmail

º Ex. 7 You will hear a news bulletin about a mother and son who are both criminals. For questions 1-7, tick (ü) a box in the table below if a crime is mentioned in connection with that person. In some cases, more than one box will need to be ticked.

Crimes	Alleged to have committed	Convicted of
	mother	son	mother	son
arson	q	q	q	q
assault	q	q	q	q
burglary	q	q	q	q
enslavement	q	q	q	q
fraud	q	q	q	q
murder	q	q	q	q
theft	q	q	q	q

Ex. 8 Working in groups make a list of 10 crimes you consider to be the gravest and range them from 1 to 10, 1 being the gravest. What punishment should be inflicted on people who commit these crimes? Are there any ways to prevent these crimes?

Would You Help?

Ex. 14 A. Before you listen:

· Are street attacks ever a problem where you live?

· Are any areas in your city/town/village particularly dangerous?

· Have you ever seen someone being attacked in the street? What did you do?

B. Here are some abstracts from a review on the book “Seductions of Crime” written by American sociologist Jack Katz, where he presents a criminal’s-eye view of the driving forces behind seemingly irrational, brutal acts that in fact have their own logic. Read the passages and point out the reasons for committing crimes stated by Jack Katz.

The Seductions of Crime

Jack Katz is convinced that crime pays – and that it can be fun too.

The book grew of what Katz discovered to be a void in the academic literature. But Katz also discovered that in popular literature and other sources, including some research with Los Angeles criminals, there was a wealth of information that detailed the moods and calculations of criminals and formed a vantage point for a different way of looking at crime.

When a husband or a wife turns a shotgun on a spouse in a typical domestic homicide, Katz asserts, the resulting “righteous slaughter” often compensates for the killer’s humiliation in some long-standing dispute and the killer may see himself as a defender of traditional values against the abusive mate.

Crimes such as shoplifting and vandalism often are attractive because of the “sneaky thrills” experienced by the offenders, Katz says, noting that the threat of being caught is an essential part of the thrill.

Furthermore, career criminals such as armed robbers are so committed to their carefully constructed images as “bad” characters that the prospect of jail time is no deterrent, Katz maintains.

Nor is money the prime objective for such “hard men.” One criminal quoted by Katz put it this way: “Straight people don’t understand. I mean, they think dudes is after the things straight people got. It ain’t that at all. We the show people. The glamour people. Come on the set with the finest car, the finest woman…Hear people talking about you. Hear the bar get silent when you walk in the door.”

Criminal thinking is frequently “unpredictable” because the “mythology” guiding criminals is “often very idiosyncratic,” Katz said. In fact, crime may be committed to sustain an image rather than for money, he added.

Expanding on that subject, he noted that criminals seldom open savings accounts. “The money is burned,” he said. “You use it as fast as you can, because if you don’t, it’ll give people the wrong impression about why you’re doing it [committing crimes]. You get tremendous risks to get that money but you throw it around – to girlfriends, to buy cocaine for people, to have parties.”

Law professor Franklin E. Zimring gives Katz especially high marks for his portrait of armed robbers and for his emphasis on “crime as recreation”. Armed robbery, Zimring said, is apparently a lot like hang-gliding, a “crazy” activity that thrives because “it feels good and there’s a subculture to support it”.

Crime prevention

º Ex. 20 A First read the following sentences, then listen to the text of Part 4 and tick Rthe factors mentioned.

1. Programmes showing violence and crime should be banned.£
2. Valuable items should be labelled.£
3. Children should be taught that crime is bad.£
4. We should punish children if they steal.£
5. Criminals should be fired from work.£
6. Neighbourhood watch schemes should be organised.£
7. Everyone should get a gun.£
8. Burglars should be locked up in prison.£
9. Criminals should be punished with longer prison sentences.£

B For questions 2-11 choose from the statements A-E. Some of the statements may be chosen more than once. When more than one answer is required, these may be given in any order. There is an example at the beginning (1). Which statement or statements:

1. suggests installing an alarm? A
2. place responsibility on the government?£ £ £
3. blames unemployment?£
4. suggests harsher punishments?£
5. say that people are responsible for solving the problems?£ £ £
6. suggest teaching children about crime?£ £
7. blames television? £
8. stresses preventing crimes?£
9. suggests that citizens should be better organised?£
10. disapproves of personal weapons?£
11. says a bigger police force is needed?£

Ex. 21 Look at the police leaflet advising the public on ways to keep themselves safe. Put a tick (ü) in the boxes next to the precautions which you and your family have taken/ can you suggest any other ways of preventing crime?

IT’S BETTER TO BE SAFE THAN SORRY
Reduce your chances of becoming a victim of crime by taking the following precautions:
Protect Yourself	Protect Your Property	Protect Your Children
Don’t walk in the dark or isolated areas at night. Carry a personal alarm/ mobile phone. Don’t carry large amounts of cash. Don’t travel alone.	Install a burglar alarm. Fit security lights. Put extra locks on doors. Lock doors and windows. Keep a guard dog. Don’t leave valuables in view in your car.	Remind children always to let you know where they are Teach them not to talk to strangers. Make them aware of the dangers of drugs. Teach them not to open the door if they are at home on their own.

Home Alone

Ex. 22 In the following text, the writer gives an account of the fear and insecurity she feels at night in bed when her husband is away from home. Choose which of the paragraphs A-G match the numbered gaps (2,4,6,8,10 and 12). There is one paragraph which does not fit anywhere.

It is a still, cold night. A silver frost covers the ground, glistening in the light of a perfect full moon. In the distance can be heard the plaintive howling of the wolves in the zoo. One by one all the lights go out.

[2]

But what was that? I sit bolt upright in bed. I surely heard a door opening? I slide noiselessly out of bed and tiptoe across the landing, my heart pounding, my ears straining for further evidence of intrusion. I sit on the top step and resume my lonely vigil. It is 4 a. m. and I am home alone.

[4]

I always start the night off well. I watch television to the point where my eyelids are starting to confuse the plot -taking care to avoid all programmes that might possibly provide fodder for my over-voracious imagination. Thus thrillers are out, and even the news – every lunatic and terrorist in the south-east seems to be on the run from prison or mental hospital the night my husband is away.

[6]

Having satisfied myself that all is secure and that there is no maniacal rapist secreted about the place, I turn on the burglar alarm and make my way upstairs.

[8]

When we were first married, I used to heave the wardrobe door across the bedroom door – the possible hazards of fire had not at that time occurred to me, although it was a little inconvenient if the phone rang downstairs or one needed the loo in the middle of the night.

[10]

One friend of mine confided that when her husband is away, she wanders around the house talking to herself in n a very loud voice and even stands upstairs and shouts down to him to come to bed. This does not however solve the problem of sleeping.

[12]

I did once heed my sister's advice to sedate myself with a bottle of wine. I slept like a log, but woke the next morning with a thumping hangover and found that I had been so drunk that I had left the patio doors not only unlocked but open. I shall definitely sleep tonight. The house is securely locked, the burglar alarm is on and I have taken my neighbour's advice and brought up to bed with me a pot of black pepper to throw in the face of any possible assailant. But what if ...?

AWhen I must finally switch off – always remembering to pull out the plug – I begin my tour of inspection. All windows and patio doors are checked and doors seen bolted. I then unplug the downstairs phone. I then check behind all interior doors, in the garage, under the stairs – and the beds – and in the wardrobes.

BAnother friend always sleeps with a sharp knife under her pillow. Yet another friend suggests getting a dog. A dog? Haven't I got enough to worry about without me and my babies being savaged in our beds?

CBy this time, of course, I am wide-awake.

DBy day I am an eminently sensible woman. But turn the clock round to midnight, remove my husband to foreign climes and you will see before you a neurotic wreck, whose nerves explode at the slightest creak of a central heating pipe.

ESo we eventually decided against the idea of a guard dog even though this appealed to the children.

FThe arrival of the children made life more problematic, however. Not only was the wardrobe a no-no, but for heaven's sake, if I was murdered in my bed how long would it be before anyone heard those poor, crying, starving babies the next morning?

GI sit rigid in my bed in the dark. My bedroom door is wide-open onto the large, square, well-lit landing. I have full view of my children's bedrooms, which open onto it, and of the staircase, which rises into it. Every fibre of my being is stretched, taut and alert, listening; the silence roars in my ears. All is well. Eventually I lower my guard, relax back into my pillows and start to drift away from this threatening world.

Ex. 23 For questions 1-6, read the three texts below and decide which answer (A, B, C or D) best fits each gap.

Home Security

Home: it's one of the most emotive words in any language. The place itself has (1) ____ people with privacy and security ever since individual dwellings first appeared nearly two million years ago. But nowadays, that sense of security has a twist. (2) ____safe people fee at home, when they are away, they worry their home will be broken into. What's more, the fear is far from (3) ___.In spite of falling burglary rates in the UK, a recent survey found ___ that a house left unoccupied for a month a year is 43 per cent more likely to be burgled than an identical one that is never empty at night. Having someone (4)____ during the day is no (5)____ either: about 55 per cent of domestic burglaries happen between 6pm and 6am. At the same time, people are spending longer away, on business and on holiday. Many are, therefore, prepared to (6) ___ a little privacy, employing professional housesitters to live in their homes in their absence.

1 A produced B offered C provided D donated

2 A Regardless B Nonetheless C However D Albeit

3 A groundless B aimless C faultless D clueless

4 A look over B check out C call on D pop in

5 A restraint B deterrent C hindrance D impediment

6 A withhold B sacrifice C deny D refrain

Top-Cop Safety

º Ex. 24 You will hear a journalist interviewing a police sergeant on the subject of personal safety. For questions 1-11 complete the notes with a word or phrase.

	In the street, walk
	and
	Muggers choose
	Let possible assailants know you might
	Keep a safe distance from others at
	If you resist a mugger you might get
	Most muggers have
	Drivers might be targets if they are
	Park in safe spots such as
	or
	A car alarm

º Ex. 25 You will hear a radio programme about the use of closed circuit televisions (CCTVs).

A. For questions 1-5, choose the alternative (A, B, C or D) which best fits according to what you hear.

1. The reporter thinks that

1. a novelist’s predictions are coming true.
2. her every move is being watched.
3. all public places should have CCTVs.
4. the authorities are watching people by means of hidden cameras.

Young Offenders

º Ex. 34 A. Read the following information about Angus and Rick, who are both convicted offenders.

Angus comes from Glasgow but ran away to London when he was 15. He is now 19. He has convictions for breaking and entering, and petty theft.

Rick is 18 and has always lived in London. He has been in trouble with the police on and off since he was 11. He was recently convicted of petty theft and minor assault.

C. You will hear a conversation between two friends, Tom and Kate, who are discussing how murderers should be dealt with. For questions 1-8, write YES next to those views which are expressed by either of the speakers, and NO next to those which are not expressed by them.

Note: you are asked to identify opinions expressed by the speakers. Do not confuse these with other people’s opinions which are reported by the speakers.

1. A life sentence should mean that the criminal spends the rest of his/her life in prison. c

2. No criminal is beyond redemption.c

3. Judges should me more open-minded.c

4. Prison sentences fail to rehabilitate criminals.c

5. Serial killers should never be released from prisons.c

6. Murderers are not released if the authorities think they pose a risk to the public.c

7. Protection of the public is more important than individual liberty.c

8. The death penalty should be re-introduced.c

Ex. 36 Render the following text in English:

Как, где и за что казнят

Сегодня смертная казнь юридически отменена во всех странах Европы, кроме разве что России и Турции, где она фактически тоже не применяется. Законодательство Великобритании, Италии, Швейцарии, а также Аргентины, Бразилии, Мексики и некоторых других стран допускает смертную казнь в военное время. Абсолютно исключена смертная казнь в законодательстве Австралии, Австрии, ФРГ, Дании, Норвегии, Швеции и еще в 27 странах.

Смертная казнь применяется в Китае, США, Японии, практически во всех арабских странах и ряде азиатских (Бангладеш, Индия, Индонезия и др.) государств.

Способы казни зависят от ментальности страны. В Китае людей расстреливают, в США – вводят в вену снотворное, затем яд, казнят на электрическом стуле или в газовой камере, вешают. При казни путем введения смертельной инъекции осужденного «обслуживают» 10-12 тюремщиков из числа добровольцев. Каждый имеет свои обязанности: кто-то привязывает ноги, кто-то – руки, кто-то вводит иглу в вену.

В Иране, Пакистане, Бангладеш, Судане и некоторых других исламских странах чаще всего вешают или расстреливают, но за некоторые преступления (супружеская неверность, внебрачные связи) казнят особо – через побивание камнями. При этом существует регламент, определяющий время казни (как правило, утро пятницы), размер камней. Приговоренных женщин перед казнью закапывают по пояс в землю, мужчин связывают по рукам и ногам.

В Афганистане за гомосексуализм замуровывают в стену или ставят приговоренного у стены и обрушивают ее. В Саудовской Аравии гомосексуализм, убийство и изнасилование караются публичной казнью через отсечение головы саблей или мечом.

(«Аргументы и факты в Украине» № 44, 2001 г.)

B Former New York City Mayor Edward I. Koch gives reasons for supporting capital punishment by examining the arguments “most frequently heard in opposition”. Read the arguments against death penalty and match them with counter arguments provided by Mr. Koch.

Death and Justice

Arguments against capital punishment:

1. The death penalty is “barbaric”.
2. No other major democracy (except the US) uses the death penalty.
3. An innocent person might be executed by mistake.
4. Capital punishment cheapens the value of human life.
5. Thou Shalt Not Kill.
6. The death penalty is state-sanctioned murder.

Edward I. Koch’s counter-arguments:

AOn the contrary, it can be easily demonstrated that the death penalty strengthens the value of human life. When we lower the penalty for murder, it signals a lessened regard for the value of the victim’s life. Some critics of capital punishment have suggested that a life sentence is actually a harsher penalty for murder than death. This is sophistic nonsence. A few killers may decide not to appeal a death sentence, but the overwhelming majority make every effort to stay alive. It is by exacting the highest penalty for the taking of human life that we affirm the highest value of human life.

BThe Bible is our greatest source of moral inspiration. Opponents of the death penalty frequently cite the sixth of the Ten Commandments in an attempt to prove that capital punishment is divinely proscribed. In the original Hebrew, however, the Sixth Commandment reads “Thou Shalt Not Commit Murder”, and the Torah specifies capital punishment for a variety of offences.

CThis is the defence with which convicts themselves hope to soften the resolve of those who sentenced them to death. By saying in effect, “you’re no better than I am,” the murderer seeks to bring his accusers down to his own level. It is also a popular argument among opponents of capital punishment, but a transparently false one. Simply put, the state has the rights that the private individual does not. In a democracy, those rights are given to the state by the electorate.

DSometimes opponents of capital punishment horrify with tales of lingering death on the gallows, or faulty electric chairs, or of agony in the gas chamber. Partly in response to such protests some states switched to execution by lethal injection. The condemned person is put to death painlessly, without ropes, voltage, bullets, or gas. However, it’s not the method that really troubles opponents. It’s the death itself they consider barbaric. Admittedly, capital punishment is not a pleasant topic. We may not like the death penalty, but it must be available to punish crimes of cold-blooded murder, cases in which any other form of punishment would be inadequate and, therefore, unjust.

E According to Mr. Bedeau, one of the opponents of capital punishment, it is “false sentimentality to argue that the death penalty should be abolished because of the abstract possibility that an innocent person might be executed”. He cites a study of 7000 executions in this country from 1893 to 1971, and concludes that the record fails to show that such cases occur. The main point, however, is this. If government functioned only when it the possibility of error didn’t exist, government wouldn’t function at all. Human life deserves special protection, and one of the best ways to guarantee that protection is to assure that convicted murderers do not kill again. Only the death penalty can accomplish this end.

F No other major democracy – in fact, few other countries of any description – are plagued by a murder rate such as that in the United States. Fewer and fewer Americans can remember the days when unlocked doors were the norm and murder was a rare and terrible offence. It is not surprising that the laws of each country differ according to different conditions and traditions. If other countries had our murder problem, the cry for capital punishment would be just as loud as it is here. And I daresay that any other major democracy where 75 percent of the people supported the death penalty would soon enact it into law.

º Ex. 38 A. Now listen to Michael Swarovski, a candidate for the Senate in the State of Texas. In this radio interview he gives his views on the death penalty. Is he for or against it?

LAW

Ex. 40 A Read the text and insert articles where necessary:

Law

Law is ___ set of enforced rules under which __society is governed. Law is one of __ most basic social institutions – and one of ___ most necessary. No society could exist if all people did just as they pleased, without regard for __ rights of others. Nor could __ society exist if its members did not recognize that they also have certain obligations toward one another. The law thus establishes __ rules that define ___ person's rights and obligations. The law also sets penalties for people who violate these rules, and it states how government shall enforce ___ rules and penalties. However, __ laws enforced by government can be changed. In fact, laws frequently are changed to reflect changes in __ society's needs and attitudes.

In most societies, various government bodies, especially police agencies and courts, see that __ laws are obeyed. Because __ person can be penalized for disobeying the law, most people agree that laws should be just. ___ laws enforced by government have usually had __ strong moral element, and so justice has generally been one of ___ law's guiding principles.

Systems of law

Every independent country has its own legal system. The systems vary according to each country's social traditions and form of government. But most systems can be classed as either (1) a common-law system or (2) a civil-law system. The United States, Canada, Great Britain, and other English-speaking countries have a common-law system. Most other countries have a civil-law system. Many countries combine features of both systems.

Common-law systems are based largely on case law – that is, on court decisions. English common law developed from the rules and principles that judges traditionally followed in deciding court cases. Judges based their decisions on legal precedents – that is, on earlier court rulings in similar cases. The common law thus came to be law made by judges. England – and the other common-law countries--have kept these principles almost unchanged. The United States, Canada, and other countries that were colonized by England based their national legal systems on the common law. However, the lawmaking role of legislatures in these countries has increased greatly during the 1900's. For example, the United States Congress has made major changes in American contract and property law.

Civil-law systems are based mainly on statutes (legislative acts). The majority of civil-law countries have assembled their statutes into one or more carefully organized collections called codes.

In civil-law countries, which include France and Mexico, the statutes, rather than the courts, provide the final answer to any question of law. Judges may refer to precedents in making their decisions. But they must base every decision on a particular statute and not on precedent alone.

Other systems.Many countries have patterned their legal system after both civil law and common law. For example, Japan and most Latin-American nations have assembled all their private law into a code. But public law in these countries has been greatly influenced by common-law principles, especially those that guarantee the rights and liberties of the people.

A.Detention

An arrested person must be taken to a police station as soon as practicable after arrest. The suspect has a right to speak to an independent solicitor free of charge and to have a relative or other named person told of his or her arrest. The length of time a suspect is held in police custody before charge is strictly regulated.

B.Arrest

The police have wide powers to arrest people suspected of having committed an offence with or without a warrant issued by a court. For serious offences, known as “arrestable offences”, a suspect can be arrested without a warrant.

C. Prosecution

After reviewing evidence collected by the police during investigation, the prosecution service decides whether a prosecution should be brought. Decision are reached by applying two criteria – whether there is enough reliable evidence, and whether the public interest requires prosecution. Only cases which meet both these criteria are prosecuted.

D. Appeals

A person convicted by court may appeal to a court of higher division against the sentence or against both the sentence and the conviction. The court may review the decision of a lower court and if it is minded to quash the original sentence, impose in its place any sentence which the original sentencing court had the power to impose.

E. Charging

Once there is sufficient evidence, the police have to decide whether a detained person should be charged with the offence. If there is insufficient evidence, the person may be released on bail. If charged with an offence, a person may be kept in custody if there is a risk that he or she might fail to appear in court or might interfere with the administration of justice. When no such considerations apply, the person must be released on or without bail.

F. Stop and search

A police officer has the power to stop and search people and vehicles if there are reasonable grounds for suspecting that he or she will find stolen goods, offensive weapons or implements that could be used for theft, burglary or other offences.

G. Trial

Criminal trials usually have two parties: the prosecution and the defence. The prosecution must prove beyond reasonable doubt that the defendant committed the crime alleged. An accused person has the right to employ a legal adviser and may be granted legal aid from public funds. In some courts the cases are tried by a judge only, in others – by a judge and a jury, which returns the verdict of “guilty” or “not guilty”.

Ex. 46 A Translate the following expressions into Russian:

arrest somebody for something	be convicted of something
ban somebody from doing something	fine somebody for something
be involved (in a crime)	impose a sentence on somebody
be suspected of something	reach/ return a verdict
be tried for something	sentence somebody to (prison)
charge somebody with something	sue somebody for something
detain somebody	plead guilty (not guilty)
issue a warrant of arrest	find guilty (not guilty)

The Procedure of a Trial

1. The trial starts with the reading of a formal document called the indictment setting out the accusation made against the defendant.

2. The accused is asked to plead. He can plead guilty or not guilty.

3. The prosecuting counsel makes a speech saying why the accused is guilty.

4. The defence counsel makes a speech saying why the accused is innocent, or at least why the prosecution cannot prove the accused’s guilt.

5. The prosecution counsel put his or her witness(es) in the witness stand and gets them to tell the court what they know. The prosecution also presents all the evidence (direct, circumstantial, material, documentary).

6. The defending counsel tries to find fault with what the witness(es) has said.

7. The procedure is reversed: now the defending counsel puts a witness in the stand. The prosecuting counsel can cross-examine defence witnesses.

8. The prosecuting counsel makes a speech saying why the jury should find the accused guilty.

9. The defending counsel makes a closing speech to the jury saying why they should acquit the accused.

10. The jury make their decision. If the jury cannot reach a unanimous verdict, the judge may permit it to bring in a majority verdict provided that there are not more than two dissenters.

11. The judge passes sentence or sets the accused free.

Defence's cross-examination

How wealthy is she?

Does she need to work?

Is she a regular customer?

How much does she spend there a year?

What would she have done if she hadn't been caught?

Civil proceedings

Civil suits involve such noncriminal matters as contracts, family relationships, and accidental injuries. In most civil cases, an individual or organization sues another individual or organization. Civil proceedings are started by the aggrieved person. Actions in the court usually begin by a writ served on the defendant by the plaintiff, stating the nature of the claim, or by a summons served on the defendant by the court. It directs the defendant to appear in court on a certain date. The defendant then files a document called an answer. The answer contains the defendant's version of the facts of the case and asks the court to dismiss the suit. The defendant also may file a counterclaim against the plaintiff.

In most cases, the complaint and the answer are the first of a series of documents called the pleadings. In the pleadings, the plaintiff and defendant state their own claims and challenge the claims of their opponents. In order to encourage parties to confine the issues in dispute, the courts have the power to order pre-trial exchange of witness statements. Courts may impose penalties in costs on parties who unreasonably refuse to admit facts or to disclose documents before trial.

Civil proceedings, as a private matter, can usually be abandoned or ended by settlement between the parties at any time. In the great majority of cases, parties to a dispute settle their differences through their solicitors before the trial stage is reached. Actions brought to court are usually tried without a jury, except for some types of offences where either party may apply for a trial with jury.

Most civil decisions do not involve a prison sentence, though the party at fault may be ordered to pay damages.

The Legal System of the uk

England and Wales have a single system of law and courts, and Scotland has a system of its own, although there is a substantial identity in many points. The legal system of Northern Ireland is similar to that of England and Wales.

The first thing to notice about all the systems is that there is no civil code and no criminal code. The law as a whole consists partly of statutes, or Acts of Parliament, and partly of common law which may be said to be made up of past decisions of judges. A large part of the civil law is not contained in statutes at all but made up of a mass of precedents, previous court decisions, interpreted in authoritative legal textbooks. By now, however, almost all actions for which a person may be punished are actions which are specifically forbidden by some statute or other, with the statute usually including a provision for maximum penalty. It is almost as there were a sort of criminal code scattered through a large number of laws.

The courts and lawyers have a strong tradition of independence from the government. There is no Minister of Justice, though the Lord Chancellor, who is effectively the head of the legal profession, is always a member of the cabinet.

Ex. 56 Read the text about types of courts in England and Wales and fill in the diagram that follows:

The Police and the Public

In early 1990 a major feature article in one of Britain’s leading papers was entitled, “What’s gone wrong with the Police?” it referred to the frequency of scandals during the 1980s involving the police. These scandals concerned the excessive use of violence to maintain public order; violence in the questioning of suspects; the fabrication of evidence and the extortion of forced confessions; and corrupt practices, for example the falsification of records concerning the successful solution to crimes. It also commented on the severe loss of morale among the police, and the high number of police who resign from force on account of stress.

Twenty-five years ago, the British police force was a source of great pride. Unlike police in almost every other country, the British policeman enjoyed a trusted, respected and friendly relationship with the public. The “bobby on the beat” made it his business to learn his neighbourhood. In return, the public placed a high level of trust in his integrity. This is probably a rosy and idealistic view of the past. But it was a source of pride that almost alone in the police world, the British bobby was unarmed.

The British police are probably still among the best in the world, but clearly there are serious and growing problems. A survey commissioned by three authoritative police associations at the end of the 1980s reported that one of five people believe that the police use unnecessary force on arrest, falsify statements, plant evidence and use violence in police stations.

However, in an age of increasing popular violence and disrespect for law and order, the great challenge for the police is to recapture the respect of the public. In the long run, the way the public feel about the police is of fundamental importance to police ability to control crime and maintain public order.

As the challenges of modern society become more complex, the response of the police has been to seek more manpower and more money. This has neither prevented an increase in crime nor in public disorder. More brainpower rather than manpower would probably improve police efficiency. Police officers have traditionally worked themselves up the career ladder from the lowest rank of constable. It is possible that a new cadre of commissioned officers will be formed to attract more highly educated entrants into the force.

There is also a strong case for reducing the present fifty-two forces down to, say, ten, and for creating one central criminal investigation body, which can direct its resources more efficiently than the present serious crime squads in each force.

1. What has gone wrong with the police? Based upon the information given, list the basic concerns the average citizen might have.

B. Discussion.

The Penal System

Ex. 63 Work with a partner and discuss the following questions:

1. What purpose do prisons fulfil in the current society? What purpose should they fulfil? Comment on the points in the list below.

· Re-educating and rehabilitating criminals

· Acting as a deterrent to would-be criminals

· Punishment

· Isolating dangerous individuals from the rest of the society.

2. What kinds of problem do prisoners face, both while they are in jail and after they are released?

3. Why are people sometimes tempted to take the law into their own hands? Are there any circumstances in which this is justifiable?

Useful words and phrases

depression humiliation fear of violence from guards or other inmates drug abuse

contact with more experienced and hardened criminals ostracism a code of honour

it has a stigma attached to it risk of slipping back into your old ways justice has not been done

difficulties in finding housing and employment the law has failed them a blood feud

a vendetta take revenge on someone for something

Prisons

Imprisonment is used significantly more in Britain than elsewhere in Europe: at the end of the 1980s for 18 per cent of those who came before the court. The goals of the Prison Service in England and Wales are to:

· maintain order, control, discipline and a safe environment;

· provide decent but austere conditions for prisoners and meet their needs, including health care;

· provide positive regimes which help prisoners address their offending behaviour and allow them as full and responsible life as possible;

· help prisoners prepare for their return to the community; and

· deliver prison services using the resources provided by Parliament with maximum efficiency.

Scotland and Northern Ireland have separate prison services run by the Scottish and the Northern Ireland Offices.

Prisoners may be housed in accommodation ranging from open prisons to high-security establishments. In England and Wales sentenced prisoners are classified into four groups for security purposes:

· Category A for those whose escape would be highly dangerous to the public, the police or the security of the state;

· Category B for those for whom escape must be made very difficult;

· Category C for prisoners who cannot be trusted in open conditions but who do not have the will or recourses to make a determined escape attempt; or

· Category D for those who can be trusted to serve their sentence in open conditions.

There are separate prisons for women. There are no open prisons in Northern Ireland, where the majority of offenders are serving sentences for terrorist offences. People awaiting trial in custody are entitled to privileges not granted to convicted prisoners. Those under 21 are, where possible, separated from convicted prisoners.

There are about 130 prison establishments in England and Wales and 22 in Scotland, many of which were built in the 19^th century. In Northern Ireland there are four prisons and a young offender’s centre. After the riots of 1980s provoked by the poor conditions in which most prisoners serve their sentences there has been a major refurbishment and prison-building programme in England and Wales over recent years, leading to a substantial improvement in prison conditions and alleviation of overcrowding.

An unhappy aspect of the system is the imprisonment of some of those awaiting trial. The prisoners in such remand centres are presumed to be innocent and are treated accordingly. They are allowed all reasonable facilities to seek release on bail, prepare for trial, maintain contact with relatives and friends, and pursue legitimate business and social interests. They also have the right to wear their own clothes and can write and receive unlimited number of letters.

Harry

º Ex. 65 You are going to listen to an interview with a man serving a long-term sentence in prison.

Ex. 66 You are going to read a text about the legal system of the United States. Four sentences have been removed from the passage. Choose from sentences A-E the one which fits each gap (1-4). There is one extra sentence which you do not need to use.

	Within the judicial branch, authority is divided between state and federal (national) courts.
	An example of this might be labor law.
	Among the guarantees are freedom of religion, freedom of the press, and freedom to assemble in public.
	These requirements reflect a basic principle in the American legal system called due process.
	There are few countries where so many people treat the law as part of their everyday lives.

Issues of crime and justice have always held Americans' attention. Americans are accustomed to bringing their claims for justice to the courts. 1Local, state, and federal courts handle approximately 12 million cases a year. The sheer number of Americans employed in the legal profession is over­whelming; there is one lawyer for every 440 Americans, whereas in Japan there is one lawyer for every 10,000 people.

Americans' claims for justice rest on the provisions of the United States Constitution. Most of the rights and freedoms that Americans enjoy are guaranteed in the first ten amendments or "Bill of Rights" of the Constitution. 2 Citizens have the right to be judged in a speedy and public trial by an impartial jury. If someone feels that these or other legal rights have been violated, he or she may bring the case to court.

The Constitution, written in 1787, established a separate judicial branch of government which operates independently alongside the executive and legis­lative branches. 3 At the head of the judicial branch is the Supreme Court, the final interpreter of the Constitution.

The two systems – state and federal – are not only independent, they are autonomous. In theory, each of these systems has jurisdiction over specific legal questions, though some cases can wind up in either system at the parties' discretion. Where state and federal law conflict, and each has the power to make laws, the federal trumps the state. 4 There is, for example a federal minimum wage, and no state may make a law that contradicts that federal statute by saying that workers within that state may be paid less than the federal minimum. But any state may adopt a law that has a higher minimum wage than the federal government, since the federal law is just a minimum, not a ceiling.

FEDERAL COURTS

The separate system of federal courts, which operates alongside the state courts, handles cases which arise under the U.S. Constitution or under any law or treaty, as well as any controversy to which the federal government is itself a party. Federal courts also hear disputes involving governments or citizens of different states. All federal judges are appointed for life.

The federal court system includes district courts, courts of appeals, and the Supreme Court of the United States. District courts are federal courts of original jurisdiction – that is, they are the first courts to hear most cases involving a violation of federal law. The United States and its possessions have about 95 district courts. Each state has at least one such court.

Courts of appeals try federal cases on appeal from district courts. The United States is divided into 12 circuits (districts), each of which has a court of appeals. An additional federal court of appeals, the United States Court of Appeals for the Federal Circuit, has nationwide jurisdiction.

The Supreme Court of the United Statesis the highest court in the nation. A person who loses a case either in a federal court of appeals or in the highest state court may appeal to the Supreme Court, but it may refuse to review many cases. In addition to its appellate jurisdiction, the court has original jurisdiction over cases involving two states or representatives of other countries.

The federal court system also includes several specialized courts. The United States Claims Court hears cases involving claims against the federal government. The Court of International Trade settles disputes over import duties. Taxpayers ordered to pay additional federal income taxes may appeal to the Tax Court of the United States. Military courts, called courts-martial, have jurisdiction over offenses committed by members of the armed forces. The Court of Military Appeals reviews court-martial rulings.

Supreme court

The Supreme Court hears cases in which someone claims that a lower court ruling is unjust or in which someone claims that Constitutional law has been violated. Its decisions are final and become legally binding. Although the Supreme Court does not have the power to make laws, it does have the power to examine actions of the legislative, executive, and administrative institutions of the government and decide whether they are constitutional. It is in this function that the Supreme Court has the potential to influence decisively the political, social, and economic life of the country.

In the past, Supreme Court rulings have given new protection and freedom to blacks and other minorities. The Supreme Court has nullified certain laws of Congress and has even declared actions of American presidents unconstitu­tional.

The U.S. government is so designed that, ideally, the authority of the judicial branch is independent fro