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Pounds for Victim of Police Assault



СБОРНИК ТЕКСТОВ

ДЛЯ ПЕРЕВОДА

 

Воронеж 2008

 

Утверждено научно-методическим советом факультета романо-германской филологии от 22 января 2008г., протокол № 1

 

 

Рецензент доц. Е.А. Княжева

 

Пособие подготовлено на кафедре теории перевода и межкультурной коммуникации факультета романо-германской филологии Воронежского государственного университета.

 

Рекомендуется для студентов юридического факультета. Учебное пособие может использоваться на занятиях по дисциплине «Практикум по переводу» при подготовке переводчиков по программе дополнительного образования «Переводчик в сфере профессиональной коммуникации».

 

Для дополнительного образования «Переводчик в сфере профессиональной коммуникации»

 

ПРЕДИСЛОВИЕ

 

В настоящем пособии представлены научные, научно-популярные, газетно-информационные, законодательные тексты, документы физических и юридических лиц, судебные решения и другие тексты по специальности «Юриспруденция».

Цель пособия – научить студентов переводить тексты различных жанров по специальности.

Основное внимание уделено переводу с английского языка на русский, однако пособие также предполагает формирование навыков перевода с русского языка на английский и сопоставительный анализ некоторых жанров текста.

 

 

TEXT 1

Thomas Jefferson

 

Thomas Jefferson wished to be remembered for three achievements in his public life. He had served as governor of Virginia, as U.S. minister to France, as secretary of state under George Washington, as vice-president in the administration of John Adams, and as president of the United States from 1801 to 1809. On his tombstone, however, which he designed and for which he wrote the inscription, there is no mention of these offices. Rather, it reads that Thomas Jefferson was " author of the Declaration of American Independence, of the Statute of Virginia for religious freedom, and Father of the University of Virginia" and, as he requested, " not a word more." Historians might want to add other accomplishments – for example, his distinction as an architect, naturalist, and linguist – but in the main they would concur with his own assessment.

Early Life

Jefferson was born at Shadwell in what is now Albemarle County, Va., on Apr. 13, 1743. He treated his pedigree lightly, but his mother, Jane Randolph Jefferson, came from one of the first families of Virginia; his father, Peter Jefferson, was a well-to-do landowner, although not in the class of the wealthiest planters. Jefferson attended the College of William and Mary and then studied law with George Wythe. In 1769 he began six years of service as a representative in the Virginia House of Burgesses. The following year he began building Monticello on land inherited from his father. The mansion, which he designed in every detail, took years to complete, but part of it was ready for occupancy when he married Martha Wayles Skelton on Jan. 1, 1772. They had six children, two of whom survived into adulthood: Martha Washington Jefferson (1772-1836); Jane Randolph Jefferson (1774-75); infant son (1777); Mary Jefferson (1778-1804); Lucy Elizabeth Jefferson (1780-81); Lucy Elizabeth Jefferson (1782-84).

Jefferson's reputation began to reach beyond Virginia in 1774, when he wrote a political pamphlet “A Summary View of the Rights of British America”. Arguing on the basis of natural rights theory, Jefferson claimed that colonial allegiance to the king was voluntary. " The God who gave us life, " he wrote, " gave us liberty at the same time: the hand of force may destroy, but cannot disjoin them."

Declaration of Independence

Elected to the Second Continental Congress, meeting in Philadelphia, Jefferson was appointed on June 11, 1776, to head a committee of five in preparing the Declaration of Independence. He was its primary author, although his initial draft was amended after consultation with Benjamin Franklin and John Adams and altered both stylistically and substantively by Congress. Jefferson's reference to the voluntary allegiance of colonists to the crown was struck; also deleted was a clause that censured the monarchy for imposing slavery upon America.

Based upon the same natural rights theory contained in “A Summary View”, to which it bears a strong resemblance, the Declaration of Independence made Jefferson internationally famous. Years later that fame evoked the jealousy of John Adams, who complained that the declaration's ideas were " hackneyed." Jefferson agreed; he wrote of the declaration: " Neither aiming at originality of principle or sentiment, nor yet copied from any particular and previous writing, it was intended to be an expression of the American mind."

 

TEXT 2

 

Pounds for Victim of Police Assault

 

A hairdresser won 220 000 pounds damages yesterday after a jury found that he was assaulted by police and wrongly arrested. This happened after counsel for Din Zung, 32, urged the jury to send a clear message that the public would no longer stand for " lying, bullying, racism and perjury" by the Metropolitan Police.

Central London County Court was told that police went to Mr. Zung's home over a dispute involving a leaking roof. Mr.Zung was arrested after refusing to allow officers in without a warrant. Akmal Khan, his solicitor, said his client's arms were twisted behind his back and he was handcuffed. " They punched and kicked him in the van and he was kicked in the kidneys." Another policeman used his back as a footstool and the driver turned round and insulted him verbally saying he had got no more than he deserved. The charge officer told him, " I've never arrested a Chink before." When he was released at 11 p.m. that night they threw him into the street in just jeans and flip-flops. " He had to walk two miles home, " Mr.Khan said.

When Mr.Zung arrived home, the front door was open and his stereo and other property had been stolen. Doctors found extensive bruising to his back and kidneys and he was passing blood.

Mr.Zung made a formal complaint to the Police Complaints Authority. Despite a police surgeon confirming the injuries, the complaint was rejected and he decided to sue.

Ben Emmerson, counsel for Mr.Zung, urged the jury to send a strong message to Sir Paul Condon by awarding damages that would hit his budget. " In this case a small award would be regarded as a victory by the officers."

A statement issued on behalf of Sir Paul, the Metropolitan Police Commissioner, said: " We believe the award to be excessive and we are going to appeal against the size of the award but not the verdict."

The Metropolitan Police said no action would be taken against the constables involved: Christopher Smith, Andrew Morris and Bob Davies.

In a separate case at the same court Terence Wilkinson, 27, was awarded 64 000 pounds damages. He had accused other officers from the same area of wrongful arrest and assault, false imprisonment and malicious prosecution.

 

TEXT 3

The Death Penalty Dilemma

 

On February 24th of this year, two masked men walked into the bodega which Andre Gonzalez operated in a poor section of Manhattan. They demanded money, and when Gonzalez resisted one of the robbers killed him with a shotgun blast to the chest. The robber in turn was killed by Gonzalez's son with a licensed 38-calibre pistol kept in the store for protection. The other robber fled.

Gonzalez's fate is not unusual in New York City. What is unusual is the true justice achieved by the son's justified killing of his father's murderer. If the murderer's confederate is caught and convicted, however, he will not pay with his life, thanks to Governor Mario Cuomo's repeated rejection of efforts to restore capital punishment in that state.

Pace of Executions

The pace of executions in this country has fluctuated in recent decades, mostly in response to shifting rulings by the Supreme Court. During the 1950s, executions averaged about 50 a year, but they slowed in the late 1950s and came to a stop so that no executions occurred between 1967 and 1977. Executions resumed sporadically and since 1984 have averaged roughly 20 a year.

Thirty-six states now authorize the death penalty, typically for murder. Federal law provides for the death penalty in various cases within federal jurisdiction, including: first-degree murder; murder while a member of the armed forces; retaliatory murder of a member of the immediate family of law enforcement officials; murder of a member of Congress, an important executive official, or a Supreme Court justice; destruction of aircraft, motor vehicles, or related facilities resulting in death; destruction of government property resulting in death; mailing of injurious articles with the intent to kill or resulting in death; assassination or kidnapping resulting in the death of the President or Vice President; willful wrecking of a train resulting in death; bank robbery-related murder or kidnapping; treason; murder of federal judges and officers; espionage; death resulting from aircraft hijacking; and witness tampering where death results. In 1988, Congress also authorized the death penalty for certain drug offenses, but no one has yet been executed under those provisions. Various proposals introduced in Congress in 1993 would extend the death penalty to almost 50 additional crimes where death results, including murders committed by prisoners in federal correctional institutions, drive-by shootings, and kidnappings which result in the death of any person.

The framers of the Constitution clearly did not intend to outlaw the death penalty on either the state or federal level. The Bill of Rights, which originally applied only to the federal government until its provisions were erroneously applied to the states in this century, explicitly validated that penalty in its Fifth Amendment provisions that " no person shall be held to answer for a capital or other infamous crime" except by action of a grand jury, and that " no person shall be deprived of life, liberty, or property, without due process of law".

However, the prospect of expanded federal capital crimes ought to give pause to those who generally favor the death penalty. The Constitution gives the federal government no general criminal jurisdiction. In recent decades, unfortunately, federal law has intruded into large areas of state responsibility through expansive interpretations of congressional power to regulate interstate commerce and to oversee the activities of recipients of federal subsidies. Expansion of federal capital crimes would compound this abuse.

 

TEXT 5

 

Systems of law

Each country in the world has its own system of law. However, it is generally true to say that there are two main traditions of the law in the world. One is based on English Common law, and has been adopted by many Commonwealth countries and most of the United States. The other tradition, sometimes known as Continental, or Roman law, has developed in most of continental Europe, Latin America and many countries in Asia and Africa which have been strongly influenced by Europe.

Common law, or case law systems, particularly that of England, differ from Continental law in having developed regularly throughout history, not as the result of government attempts to define or codify every legal relation. Customs and court rulings have been as important as statutes (government legislation). Judges do not merely apply the law, in some cases they make law, since their interpretations may become precedents for other courts to follow.

Common law is based on the doctrine of precedent. If the essential elements of a case are the same as those of the previous recorded cases, then the judge is bound to reach the same decision regarding guilt or innocence. If no precedent can be found, then the judge makes a decision based upon the existing legal principles, and his decision becomes a precedent for other courts to follow when a similar case arises. Sometimes governments make new laws-statutes- to modify or clarify the common law, or to make rules where none existed before. But even statutes often need to be interpreted by the courts in order to fit particular cases, and these interpretations become new precedents. In common law systems the law is, thus, found not only in government statutes, but also in the historical records of cases.

Another important feature of the common law tradition is equity. It recognizes rights that are not enforced by common law but are considered " equitable", or just. If an equitable principle brings a different result from a common law ruling on that case, then the general rule is that equity should prevail.

Continental systems are sometimes known as codified legal systems. They have resulted from attempts by governments to produce a set of codes to govern every legal aspect of a citizen's life. The lawmakers sometimes want to show that the legal rights of their citizens originated in the state, not in local customs, and thus it is the state that is to make law, not the courts. In order to separate the roles of the legislature and judiciary, it was necessary to make laws that were clear and comprehensive.

 

TEXT 7

 

Selection of a jury

 

The first step in the selection of the trial jury is the selection of a “jury panel”. When you are selected for a jury panel you will take an oath, by which you promise to answer all questions truthfully. After that the judge and the lawyers will question you and the other members of the panel to find out if you have any personal interest in the case, or any feelings that might make it hard for you to be impartial. This process of questioning is called Voir Dire, a phrase meaning “to speak the truth”.

During Voir Dire the lawyers may ask the judge to excuse you or another member of the panel from sitting on the jury for this particular case. This is called challenging a juror. There are two types of challenges. The first is called a challenge for cause, which means that the lawyer has a specific reason for thinking that the juror would not be able to be impartial. The second type of challenge is called a peremptory challenge, which means that the lawyer does not have to state a reason for asking that the juror be excused.

Those jurors who have not been challenged become the jury for the case. There may be six or twelve of them. The judge may also allow selection of one or more alternate jurors, who will serve if one of the jurors is unable to do so because of illness or some other reason.

Then the lawyers for each side will discuss their view of the case in their opening statements. After that the parties present evidence, which include the testimony of witnesses, physical exhibits, etc. Sometimes the judge orders testimony to be stricken off the record and it is not considered evidence.

Many times during the trial the lawyers may make objections to evidence presented by the other side or to questions asked by the other lawyer. If the objection was valid, the judge will sustain the objection. If the objection was not valid, the judge will overrule the objection.

In the closing arguments the lawyers summarize the case from their point of view. They may discuss the evidence or comment on the credibility of witnesses.

Then the jury retires to the jury room to conduct the deliberations on the verdict in the case they have just heard. The jury first elects a foreman. When a verdict has been reached, the foreman signs it and informs the bailiff. The jury returns to the courtroom, where the foreman presents the verdict.

 

 

TEXT 8

 

The Crown Court

 

The system of sending royal judges out into the country on “general gaol delivery” and the holding of assizes (sittings of the court) lasted many hundred of years. Until recently there were two different courts where defendants in criminal charges could be tried: the more serious charges were heard at the Assizes while the less grave were tried at Quarter Sessions (so called because the court sat at least once every quarter).

After very many years it became clear that the system had become outdated, for example, shifting populations had distorted the patterns of work and poor use was made of judges’ time and court buildings. The report of the Beeching Commission led to the Courts Act 1971, which came into force on 1 January 1972. This Act created a new criminal court of first-instance jurisdiction, the Crown Court, which is part of the Supreme Court and sits with a judge and jury. The composition of the Crown Court is also governed by the Supreme Court Act 1981 and by the Crown Court Rules made under the statute.

This court tries all serious criminal charges and sits throughout England and Wales. For administrative conveniences, the country is divided into six circuits: Northern, North Eastern, Midland and Oxford, South Eastern, Western, and Wales and Chester. Each circuit is under the supervision of a presiding judge who is responsible for the smooth working of all courts in that circuit. The Crown Court sits at various towns and cities throughout each circuit, for example, on the Western Circuit from Bristol and Exeter to Bournemouth and Winchester, and these are ranked in three tiers. The fist-tier courts, for example, those in Bristol and Winchester, hear the most serious charges, while a third-tier court, such as Bournemouth, hears minor charges. This distinction is further reflected in the judges who sit in those courts.

 

TEXT 9

 

For Child Abuse

 

The Right to happiness project started before the Stockholm World Congress against Child Abuse. It was part of the process of preparation during which large gaps of our knowledge had been identified. These gaps were not just about the incidence, the numbers of children who were being abused, but also covered a lack of aware­ness about what was currently being done to try to address the problem, and which of these were most effective.

The Right to Happiness project was implemented by the NGO Group for the Convention on the Rights of the Child. It was established to try to identify some of the responses that were hap­pening around the world to try to address the problem of child abuse. The project wished to pres­ent information about what was happening to the World Congress, to inform about positive actions that were already being taken. The Con­gress wanted to raise awareness about this is­sue around the world. The Right to Happiness proj­ect sought to ensure that included in this aware­ness was some knowledge about interventions that were being effective about prevention and re­covery.

As to the World Congress itself that took place in Stockholm in August 1996. The Stockholm meeting was the direct result of an almost unique degree of cooperation between different groups and sectors. It combined and utilized the talents, strengths and resources of governments, notably the government of Sweden, intergovernmental bodies and the world-wide NGO community.

What did it do? It achieved a great deal. 122 governments were represented. Hundreds of NGOs, academic institutions and concerned in­dividuals attended and contributed. Many of the constituent parts of the UN family were represented.

It involved policy makers, legislators, practitioners, and advocates, and most notably children who were able to demonstrate their understanding, competence and positive ideas for addressing the issue. It focused world attention on child abuse. It acknowledged it as an almost universal phenomenon. It commented upon the scale of abuse.

A Declaration and Agenda for Action were unanimously agreed. The Declaration affirmed the commitment to global partnership against child abuse which was recognized as an absolute and fundamental violation of the rights of the child. It restated that all the signatories to the Con­vention were required to protect children from abuse and promote physical and psychological recovery of those already victimized. It affirmed the need for strong laws, and the need for re­sources and political commitment to enforce them. It confirmed the need to build and pro­mote partnership between all levels of society to counter this form of violence. It called for the highest priority to be given to action against child abuse, to develop and implement comprehen­sive planning and programs that address the issue through a diverse but complementary range of strategies.

 

TEXT 10

 

Inns of Court

 

Inns of Court in London, group of four institutions of considerable antiquity that have historically been responsible for legal education. Their respective governing bodies, the benches, exercise the exclusive right of admitting persons to practice by a formal call to the bar. They consist of the Inner Temple and Middle Temple (both housed within the area known as The Temple), Lincoln's Inn and Gray's Inn – all of which are located in the general vicinity of the Royal Courts of Justice, at the boundary between the City of London and Westminster.

The Inns of Court are voluntary societies, unchartered and unincorporated. Hence, their early history is obscure. Since their inception in the Middle Ages, however, they have been devoted to the technical study of English law, rather than Roman law, which was taught in the universities. Previously, law was learned in the course of service, the first rudiments possibly in private clerkship to some official. By the mid-13th century, when the common law had become extensive and intricate, there arose a class of men, literate but lay, who created and dominated the legal profession and set up the Inns of Court as an answer to the problem of legal education. Manuals and books were produced in French rather than Latin. The students listened to arguments in court and discussed law among themselves.

In addition to those who practiced in the courts, there was also a large demand for stewards and legal advisers to landowners to conduct general business and keep manorial courts. These men needed the rudiments but not the refinements of common law. Such, too, was the case with the large class of attorneys and a growing class of bookkeepers and correspondence clerks. They gained most of their knowledge through an Inn of Chancery, an institution for training in the framing of writs and other legal documents used in the courts of chancery.

In the 14th century many of the household clerks (clergy with at least minor orders) of the chancellor's office formed Inns and appear to have taken students for training. By the end of the century these Inns were in danger of being submerged by a flood of attorneys-to-be and students who used an Inn of Chancery as a preparation for entering an Inn of Court. Eventually, each Inn of Court secured control of one or more Inns of Chancery and supervised its affairs, appointed readers to teach in it, and later often bought its premises, becoming its landlord.

By the 15th century the Inns of Court were governed by their benchers, who had previously given at least two courses of lectures (readings) and who presided over mock arguments (moots) in which students argued difficult points of law before them.

Because the law was highly technical, proficiency could be acquired only by following the demanding studies of the Inns. In practice, the Inns thus had a monopoly over legal education. In the 15th and 16th centuries, however, many students joined the Inns for the purpose of getting a general education, rather than legal training. By the end of the 16th century the Inns of Court had begun to exclude attorneys and solicitors and refused to call them to the bar, with the result that attorneys especially fell back on the Inns of Chancery and finally came to form a profession distinct from that of the barristers.

By the beginning of the 17th century, all the Inns had acquired the actual ownership of their sites and begun building splendid halls, a process that continued through the century.

Various causes brought on the decline of this system of education. For one thing, the great activity of the printing press led students to rely more on printed material, and as a result they neglected attendance at readings and moots. The system broke down completely during the English Civil Wars; readings ceased in 1677, and only the fees survived. Having paid them, the student was deemed to have fulfilled his duties. With no readers to recommend students for call to the bar, the four Inns in the 18th century finally agreed to call students who had been in residence a stated number of terms. Later, it was settled that eating three dinners was equivalent to attending for the whole term. Meanwhile, the Inns of Chancery were no longer adequate for so large a group as the attorneys and solicitors, and these latter therefore created their own society.

In the 19th century the common law commissioners investigated the Inns of Court, which as a result took steps to resume their educational functions. Readerships were reestablished, and lawyers were engaged in teaching with a view to examinations conducted by the Bar Council of Legal Education, representing all four Inns.

In 1974 the Inns created an administrative body, the Senate of the Inns of Court and the Bar, which oversees such matters as finance, legal reform, and educational standards.

 

TEXT 15

WANTED

 

Crime: Armed Robbery

Location: South & South Park Streets

Date: November 13, 1999

 

The public's assistance is requested in identifying the person or persons responsible for an armed robbery on the southwest corner of the South St. and South Park St. intersection.

This crime occurred at 9: 30 a.m. on November 13, 1999.

At about 9: 30 a.m. the victim, a young visitor to the city, was walking south along South Park St. At the southwest corner of South Park St. and South St., the suspect jumped in front of the victim, pulled a knife from his jacket and said, " Give me your purse or you're stuck! " The victim handed it over and the suspect fled the scene of the crime.

The suspect is described as a white male, 20-25 years old, medium build, 5'2", moustache, blue eyes, short brown hair, pointed nose. He was wearing a red baseball cap with a Montreal Canadians logo, a dark blue jacket, green jeans and white sneakers.

This man is armed and therefore dangerous. If you can identify the man in the photofit picture, or have any information on this or any crime, contact the local Police Department or Crime Stoppers at 1-800-555-8477, and you may be eligible for a cash reward.

 

TEXT 16

 

MURDER OF U.S. NATIONALS OUTSIDE THE UNITED STATES; CONSPIRACY TO MURDER U.S. NATIONALS OUTSIDE THE UNITED STATES; ATTACK ON A FEDERAL FACILITY RESULTING IN DEATH
USAMA BIN LADEN

 

Aliases: Usama Bin Muhammad Bin Ladin, Shaykh Usama Bin Ladin, The Prince, The Emir, Abu Abdallah, Mujahid Shaykh, Hajj, The Director

DESCRIPTION

Date of Birth Used: Hair: Brown
Place of Birth: Saudi Arabia Eyes: Brown
Height: 6'4" to 6'6" Sex: Male
Weight: Approximately 160 pounds Complexion: Olive
Build: Thin Citizenship: Saudi Arabian
Language: Arabic (probably Pashtu)
Scars and Marks: None known
Remarks: Bin Laden is believed to be in Afghanistan. He is left-handed and walks with a cane.

CAUTION

Usama Bin Laden is wanted in connection with the August 7, 1998, bombings of the United States Embassies in Dar es Salaam, Tanzania, and Nairobi, Kenya. These attacks killed over 200 people. In addition, Bin Laden is a suspect in other terrorist attacks throughout the world.

REWARD

The Rewards For Justice Program, United States Department of State, is offering a reward of up to $25 million for information leading directly to the apprehension or conviction of Usama Bin Laden. An additional $2 million is being offered through a program developed and funded by the Airline Pilots Association and the Air Transport Association.

James Walter TOMKINS

MURDER

 

On 2 May 2006 Rocky Dawson was fatally shot in the back as he secured his young children into his car outside an address in Romford.

One male has been convicted in connection with this offence.

Police also want to speak to James Tomkins about the murder. Tomkins, also known as Jimbles, was born on 19 April 1949.

A reward of £ 20, 000 has been offered by the Metropolitan Police for information leading to his arrest.

 

Anyone with information is asked to contact the dedicated
" Scotland Yard's Wanted" hotline number...

Alternatively information can be provided anonymously to
Crimestoppers on...

 

TEXT 18

 

В ТЕРРОРИЗМЕ

 

Железнодорожным РУВД Красноярска разыскивается N., которая подозревается в том, что передала по телефону заведомо ложное сообщение о готовящемся взрыве.

На вид ей 60 лет, рост - 160 см, худощавого телосложения, волосы волнистые, светло-русые с сединой. Тип лица европейский, губы тонкие, цвет глаз зеленый.

Информацию можно сообщить по телефонам …, … или 02.

 

РАЗЫСКИВАЕТСЯ

 

N.

 

18.04.1961 г.р., ур. д. Михайловка Знаменского р-на Тамбовской обл.

Обвиняется в организации и руководстве деятельностью хорошо законспирированной группы киллеров, в период с начала 90-х гг. до 2004 г. совершившей ряд заказных убийств, иных тяжких и особо тяжких преступлений. Ряд убийств совершен группой с особой жестокостью, общественно опасным способом. В качестве орудий преступлений членами группы использовался практически весь арсенал средств лишения человека жизни: самодельные взрывные устройства, огнестрельное оружие (пистолеты, автоматы, снайперские винтовки), холодное оружие.

Приметы: рост около 190 см, крупного телосложения, волосы светло-русые, носит короткую стрижку. В криминальной среде известен под кличкой «Финн». Владеет всеми видами огнестрельного и холодного оружия, приемами рукопашного боя. Как правило, носит при себе пистолет.

Ради наживы готов на все. При планировании преступлений им абсолютно игнорировалось то, что при этом могут пострадать посторонние лица. Жертвами группы N. становились, в том числе, случайные люди, волею случая оказавшиеся рядом с местом совершения преступления.

Среди окружения может представляться сотрудником правоохранительных органов, ветераном боевых действий, одновременно с этим может создавать у окружающих впечатление представителя криминального мира высокого уровня.

N. имеет при себе ряд документов, в т.ч. паспортов, удостоверений личности различных государственных структур на измененные биографические данные. При нахождении среди незнакомых людей может использовать грим.

В критической ситуации N. ведет себя неадекватно, чрезвычайно агрессивен, опасен для окружающих людей, способен на немотивированное убийство.

В связи с особой опасностью N., убедительная просьба к гражданам, располагающим любой информацией о его местонахождении ранее и в настоящее время, а также о лицах, оказывающих ему содействие в укрывательстве от правоохранительных органов, сообщить об этом по тел доверия ФСБ России …, либо на сайт электронной почты … или по тел. 02.

Информация принимается в любой форме, в т.ч. и анонимно. Конфиденциальность гарантируется.

 

TEXT 19

 

Wide World of Payola

 

There could be a silver lining in the storm clouds over Salt Lake City. The spotlight on the Winter Olympics bribery scandal could quicken what has been a slow pace of international consensus that bribes and business are a bad mix.

The scandal began to unfold in February just as a long-await­ed international convention against bribery went into effect. Next on the agenda is enactment of laws in various countries to imple­ment anti-corruption measures to comply with it.

More than 10 years ago this country led the negotiations to create the Convention on Combating Bribery of Foreign Public Officials in International Business Transactions. Before the Olym­pics' luster began its downhill slide, some expected it could take another 10 for all the signatories to enact such laws.

What the convention does, simply, is criminalize bribery in business transactions. That sounds odd here but not in the bigger world, where many countries permit tax deductions for money that greases palms.

Convention backers – the 29 industrialized nations compris­ing the Organization for Economic Cooperation and Development – call it a tremendous step in recognizing a problem affect­ing more than S30 billion yearly in international contracts. Awareness could grow even more due to the taint on sports competition and the expected depth and ramifications of in­vestigations into it.

Going Gangbusters

 

Three years ago, California prosecutors came up with a new tack to fight youth violence: Obtain injunctions barring gang ac­tivities.

One civil injunction was issued against 138 alleged members of two San Jose street gangs. It prohibited conduct generally associat­ed with gang activity such as drinking, vandalism, possessing weap­ons, using drugs, using gang hand signs, appearing with known gang members, applying graffiti and using beepers in public.

Los Angeles County deputy district attorneys obtained civil injunctions against gang members in six other cities, including Los Angeles. The orders often imposed a curfew and, in an ef­fort to stop drug sales near apartment buildings, forbade tres­passing on private property. A Pasadena injunction went fur­ther, prohibiting gang members from carrying pagers, cellular telephones or walkie-talkies.

Constitutional Questions

While prosecutors say their tactics are a good way to fight gangs, some courts and critics have voiced concerns about the con­stitutionality of such measures.

The California Supreme Court will soon add its voice to the debate, as it considers the San Jose injunction in People v. Acuna, No. HO11802.

In a decision last year, a California appellate court struck down part of the injunction, upholding only the bar on criminal acts. The remaining prohibitions were held to be overbroad, vague and an infringement on free speech.

San Jose City Attorney Joan R. Gallo says her office is await­ing the latest ruling before applying for more gang injunctions. Currently, the city has two that are outstanding, including the one being considered by the state supreme court.

Chicago's legal department also has reviewed the civil injunc­tion tool but is waiting until the Illinois Supreme Court hears an appeal of a decision striking down the city's gang loitering ordi­nance, City of Chicago v. Youkhana, 660 N.E.2d 34 (1995).

An Illinois appeals court held the measure infringed on free­doms of association, assembly and expression; criminalized the sta­tus of being a gang member; and permitted police officers to avoid probable cause requirements.

Some prosecutors have been unsuccessful at the trial level as well. In a Los Angeles County case, a judge issued a temporary restraining order aimed at gangs in Westminster, but refused to grant a preliminary injunction.

The setbacks have not dampened the enthusiasm of prose­cutors for the injunctions, which are enforced with the con­tempt remedy.

“The San Jose injunction had an immediate effect, sending gang members packing from a foursquare-block area that they had taken over, ” says Gallo.

And in an interview, Los Angeles District Attorney Gil Garcetti proclaimed his community-based gang-fighting program “a phenomenal success.” He says it is his belief that the injunctions his deputies have obtained will pass constitutional muster because they are more specific than the San Jose order.

His office has since applied for injunctions in two other cities, one of which is Inglewood, home of the Los Angeles Lakers.

Deanne Castorena, the Los Angeles deputy district attorney who obtained the county's first injunction in Norwalk two years ago, says many community members support the program and have come forward with affidavits.

The Los Angeles County effort is part of a larger program being called Strategy Against Gang Environments. Part of that strategy involves sending gang prosecutors from the district attorney's office to cities where they set up an office. Once they arrive, they begin working with police, notifying them of gang members' parole and probation restrictions. These can include the waiver of Fourth Amend­ment requirements, permitting them to be searched without cause.

Not everyone is as enthusiastic about using civil injunctions to control gang activity. Houston City Attorney Gene Locke says he declined to use the strategy, and instead opted for the “more traditional legal measures” such as prosecuting gang members in­dividually for violating nuisance laws.

Locke says his office was concerned about possible liability for civil liberties violations, the overall effectiveness of injunctions, and the cost of such a program.

Others say the injunctions could result in broad sweeps of eth­nic and low-income neighborhoods. “Innocent kids [will] get ar­rested because they look like gang members, ” says one govern­ment attorney who refused to be identified.

 

TEXT 21

 

Crazy Talk

 

Can killers be cunning and methodical, yet so mentally ill they aren't fully responsible for their crimes?

Psychologists say yes, but jurors overwhelmingly say no. And that may bode poorly for Unabomber suspect Ted Kaczynski, who is standing trial for four of the 16 mail bombings attributed to the Unabomber over 17 years.

Jurors tend to think of an insane person “as someone who's living on Mars and wouldn't begin to know how to put a bomb together, ” says Scott Sundby, a law professor at Washington & Lee University in Lexington, Va. Sundby has interviewed 152 cap­ital-case jurors in California for a death penalty research project.

Kaczynski's defense attorneys, Quin Denvir and Judy Clar­ke, may be asking jurors to challenge that traditional view. They gave notice in June that they will present expert testimony about Kaczynski's mental condition during his trial for the murder of two people, which was set to begin in November in U.S. District Court in Sacramento.

In theory, mental illness evidence could form the basis of an insanity defense or – if Kaczynski is convicted of murder – provide a mitigating circumstance to persuade jurors to spare his life.

But Sundby and other experts say it is extremely hard to sway jurors with mental illness evidence, even in what is considered an ideal case. And Kaczynski's case is far from ideal.

Prosecutors say FBI agents who searched the Montana cabin of the mathematics professor-turned-recluse found an assembled bomb, a Unabomber manuscript and a journal discussing the bombings.

The federal insanity defense has been regarded as a tactic of last resort since 1984 when the Insanity Defense Reform Act was passed by Congress.

The law compels defendants to prove by clear and convincing evidence that a “severe mental disease or defect” left them unable to “appreciate... the wrongfulness” of their actions. The previous test required prosecutors to prove sanity.

Only 1 percent of defendants plead insanity, according to the American Academy of Psychiatry and the Law. It published a study of about 9, 000 cases in 49 counties between 1976 and 1987. About 26 percent of those defendants were acquitted, mostly in cases where prosecutors agreed to the plea. Only 7 percent of ac­quittals came from jury trials, the study found.

Abstract

With the recent emphasis towards proactive Community Oriented Policing and the increase in the use of computerized information systems for data collection police departments are faced with two major problems: (1) how to mine the vast amounts of data produced by these systems, and (2) how to use this data to provide information that supports proactive law enforcement.

This dissertation makes a contribution in this area by providing the model specification and framework for such tools, a GIS-based data collection system, and a new spatio-temporal forecasting method – chaotic cellular forecasting (CCF) – for use by an early warning system for emerging drug markets.

Introduction

As police organizations automate their operations and implement more modern computer systems, taking advantage of advances in information technology such as open architecture database systems, enterprise wide computer applications and ever increasing microprocessor and network speeds, more and more information will become available to police officers at the click of a mouse button. Moreover, all of this information will be linked together from various sources and organized in ways which were previously unheard of. Police investigators will likely find this wealth of information a boon to their work, but crime analysts and police administrators may well find themselves faced with information overload.

At the same time that police departments are making increasing use of computer technology they are also undergoing a change in law enforcement philosophy. Evidence of this change can be seen in the fact that many police departments are implementing Community Oriented Policing (C.O.P.) in an effort to emphasize proactive rather than reactive law enforcement. While the concept of Community Oriented Policing is certainly not new (for a review of early C.O.P. initiatives see Trojanowicz, 1986) the way in which information is utilized in Community Oriented Policing has changed over the years. In many cities desktop personal computers have replaced the daily log for foot patrol officers and in some cities the time honored tradition of a notebook and pencil has given way to hand held, pen based mobile computers.

An abundance of tools and methodologies have been developed that support traditional reactive law enforcement. Practical examples include investigative tools such as linkage analysis, geographic offender profiling and modus operandi systems. Geographic information systems have also played a large role, both from a practical and a research perspective. Research examples include measuring the geographic displacement of drug offenders (Green, 1993), monitoring the effects of law enforcement strategies on nuisance bar activity (Cohen et al., 1993) and point pattern analysis of crime locations (Canter, 1993). Other examples of more general purpose crime mapping systems for law enforcement include the Drug Market Analysis Program (DMAP) effort undertaken in Jersey City, Hartford, San Diego, Pittsburgh and Kansas City (McEwen and Taxman, 1994; Maltz, 1993) and PA-LEGIS (Pennsylvania Law Enforcement Geographic Information System), an integrated GIS and police records management system developed for smaller police departments (Bookser, 1991).

There is no doubt that tools for reactive policing will always play an important role in law enforcement. However, proactive law enforcement will require an entirely new set of tools, the development of which has only just begun. Proactive problem solving by detectives, community oriented police officers and police officials not only requires access to up-to-date information on criminal activity, but perhaps more importantly the ability to anticipate emerging crime trends. This in turn requires the ability to mine the vast amounts of data produced on a daily basis by 911 and police record management systems, police hot line tips and citizen complaints for signs of impending flare-ups, geographic displacement or other unusual criminal activity. In other words, proactive law enforcement needs tools that can anticipate or provide early warning of criminal patterns so that they may be prevented.

This dissertation makes a contribution in this area by providing the model specification and framework, a GIS-based data collection system, and a new spatio-temporal forecasting method – chaotic cellular forecasting (CCF) – for use by an early warning system for emerging drug markets.

The second chapter focuses on the development of a geographic information system that provides the underlying data for the dissertation. This practical application of GIS to narcotics enforcement arose out of the Drug Market Analysis Program (DMAP) funded by the National Institute of Justice (NIJ). A by-product of the DMAP program was a very accurate data set consisting of point (i.e., address) level data on illicit drug market activity and related crimes.

Chapter 3 is a study employing multiple regression techniques to analyze the effects of both traditional and ecological variables on illicit drug markets. The study was in part made possible due to the fact that DMAP includes high quality location data on ecological variables such as land use and the built environment.

Chapter 4 is an empirical study introducing weighted spatial adaptive filtering which provides evidence that spatial interaction, local context and spatially varying model parameters are important indicators of street level drug dealing.

The fifth chapter introduces chaotic cellular forecasting. CCF employs the findings of the previous chapters and combines chaos theory, artificial neural networks (ANN's) and grid cell aggregated GIS-based data to produce one-step-ahead forecasts of street level drug market activity. One of the underlying assumptions of CCF is that spatio-temporal patterns of criminal activity can be modeled as a chaotic system. Artificial neural networks, more specifically feedforward networks with backpropagation, are then used to estimate the forecasting model. Backpropagation models are uniquely qualified for this purpose because they are self adapting and are universal approximators (Hornik et al., 1989). Two versions of CCF, one using spatially constant weights (analogous to spatial regression using spatially constant parameters) and the other a hybrid model of spatially varying input to hidden unit weights and constant hidden to output units weights are tested. The results are compared to both a simple and a state-of-the art spatial regression model using spatially lagged variables and tested for forecast accuracy on a holdout data sample.

The sixth and final chapter provides a summary and outlines future work.

 

TEXT 23

 

Estate in English law

In 1925, several laws were passed in England in an attempt to simplify the system of holding and transferring land. These laws recognized two estates in land. An estate is a right to possess land for a defined period of time, and the two estates recognized are (i) " fee simple absolute in possession" and (ii) " term of years absolute." The first means that the landholder owns the land throughout his life unless he sells or gives it to someone else. Eventually, this land will pass to his heirs (people entitled to the property of someone after he dies: see previous chapter). The second is a right to hold land for a certain fixed period, after whichthe land returns to the holder of the estate " absolute in possession."

We often call the first estate a freehold and the second a leasehold, or lease. All land is ultimately held by a freeholder, but sometimes it is the freeholder who is using the land, and sometimes it is a leaseholder. In England a majority of people living in houses own the freehold, but people living in apartments usually own a lease. When they buy an apartment they will want to buy as long a lease as possible from the freeholder – for example, 99 years. Often the leaseholder (or lessee) has the right to sell his lease to someone else, but of course he can only sell the right to use the land for the number of years remaining on the lease. Until the lease ends, he has the right to possess the land exclusively: even the freeholder has no right to enter the land without the leaseholder's permission. However, the contract he signed with the freeholder will require him to fulfill certain obligations, such as paying rent (ground rent) and keeping buildings in a good condition. The obligations, or covenants, which the leaseholder and freeholder owe to each other can be very complicated. For example, they must decide who is to pay if expensive repairs need to be done. Even a 99 year lease could be ended (forfeited) if the lessee breaks an important agreement such as rent payment.

It seems likely that the leasehold system for owning an apartment will be changed in the near future. In other countries which inherited the English system of law, apartment owners usually hold a commonhold —a share in the freehold of the land on which the whole apartment building stands. This system is similar to the way apartments are owned in continental-law countries and enables an owner to sell his apartment without the worry that his lease is too short.

Legal interests

As well as these two estates, or ways of holding your land, English law since 1925 has recognized four legal interests over land held by someone else. The first is an easement, such as a neighbor's right to use a footpath over your land, or your right not to have buildings or trees on your land block light to his windows. The second is a rent-charge – someone's right to charge a landholder a periodical sum of money. The third is a legal mortgage – an interest in property given as a form of security to someone who has lent the landholder money. If the money is repaid the interest ends. However, if the landholder fails to pay his debt by a certain time, the money-lender, or mortgagee, may have the right to take the property from the borrower, or mortgagor. Mortgages are very important in land law because when most people buy an initial house or apartment they have to borrow a lot of money from a mortgagee such as a bank or a building society. The last legal interest is a right of entry. The right of a freeholder to enter a lessee's property if he fails to pay rent is an example of a right of entry.

 

Land transfer

 

Someone who buys land needs to know exactly what rights and obligations are attached to the land. Although it is possible to deal directly with the seller, most people employ a solicitor to handle the complicated business of land transfer, known as conveyancing. In fact, even after the simplifications of 1925, which reduced the system to two kinds of legal estate and four kinds of legal interest, there still exist many kinds of " equitable" interest (see previous chapter) which the buyer and seller need to know about. For example, even if the freehold you want to buy is registered in the name of only one person, you should make sure the spouse of the freeholder does not have the right to continue living in the property after it has been sold!

When investigating the rights attached to land, solicitors used to examine title deeds — documents recording transfers of the property over many years. In Britain there is now a land registry which makes investigation of title easier because it is a central register describing the land, the landholder, and third party rights. However, not all land in Britain has yet been recorded on the register, and there are some land rights which need not be recorded there. Even if land has been registered, the solicitor still has many things to check, such as possible plans of the local council to build noisy roads near the house. Any mistakes he makes could cost the buyer a lot of money. Conveyancing is one of the areas in which solicitors sometimes get sued by clients.

 

Short-term possession

 

Another important area of land law concerns types of possession for shorter and less secure terms than freeholds and leases – for example, where a person living in property pays money to a landlord every week in return for permission to live there. The landlord is usually the freeholder or the leaseholder of the property, but sometimes he himself is paying rent to someone else. Sometimes it is not easy to decide whether a tenancy is a lease or only a license. Generally, a licensee does not have as much security as a lessee. For example, if he fails to pay the rent, his landlord may be able to repossess the property more easily and more quickly than a freeholder can get his land back from a leaseholder. However, many legal systems have laws to protect such land-users. In Britain, for example, the Landlord and Tenant Act requires landlords to give certain periods of warning to tenants if they want to repossess their property, and it provides means for tenants to negotiate a reasonable period of time in which to pay rent arrears (over due rent). Under the 1988 Housing Act, there are Rent Tribunals which sometimes have the power to reduce rents which they consider too high. There are also special laws concerning tenants who rent land in order to run a business. Usually, however, there is greater protection for someone who rents land to live on.

 

TEXT 24

 

" Miranda" Rights and the Fifth Amendment

What are the " Miranda" Rights?

In1966, the U.S. Supreme Court decided the historic case of Miranda v. Arizona, declaring that whenever a person is taken into police custody, before being questioned he or she must be told of the Fifth Amendment right not to make any self-incriminating statements. As a result of Miranda, anyone in police custody must be told four things before being questioned:

1. You have the right to remain silent.

2. Anything you say can and will be used against you in a court of law.

3. You have the right to an attorney.

4. If you cannot afford an attorney, one will be appointed for you.

 

Congress – What Is It?

 

The United States Congress differs from a parliament chiefly in the fact that it does not contain the executive. The President and his Cabinet are not members of the House, as the Prime Minister and his Cabinet are in England. The Congress cannot peremptorily ask a question of the President except in an impeachment proceeding; and if it refuses to pass an Administration bill, there is no " crisis". The President in that case does not resign; nor does he dissolve Congress and force a new election.

In the United States Government, the people are represented in one way by the Congress and in another by the President. Each has the right and the means to appeal directly to the people for support against the other, and they do. The effect is that the struggle between the Executive and Congress varies between open hostilities and armed truce, even when the President's party is in control of Congress. Another situation, that cannot occur in a parliament, arises when the people choose a President of one party and a Congress of another, putting the executive and the legislative branches automatically in opposition to each other.

The United States Congress is therefore more irresponsible than a parliament, for the member of the President's party can vote against an Administration proposal without voting to have the President resign. This lack of responsibility encourages demagogues in Congress to play for headlines, since the party in power does not feel that strict discipline is a matter of life and death.

One effect of the separation of powers is that the Senate is as important a body as the House. In other countries there is a tendency for the lower house, since it controls the executive, to assume all the power, letting the upper house live on as a debating society of elder statesmen.

The tradition of a two-chambered legislature is deeply rooted in American political life. The colonial governments had two chambers and so do all the States except Nebraska. But the principal reason that no one can conceive of any movement toward a one-chamber Congress is that the United States is still a Federal Union of large and small States.

The fact that all bills have to pass two different bodies does not cause delay in emergencies when the people are united in favor of following the President's leadership. But on ordinary matters in ordinary times, legislation is slow, hearings are duplicated, and an opposition has advantages over the proposition.

The Senate and the House of Representatives differ in their composition and attitude, even though the Constitution has been amended to shift the election of senators from the State legislatures to the plain voters. The senators average a few years older than the congressmen. Congressmen often move up into the Senate, but few ex-senators have ever run for the House. The senators are more distinguished by their office because there are only 100 of them while there are 435 congressmen. A seat in the Senate has a high publicity value which can be used for good or ill purposes.

 

TEXT 26

 

How to write a will

 

Full legal name:

Do not use any nicknames or abbreviations. The name must be your legal name, not your social name.

Social Security Number:

Although not mandatory, a social security number will help to positively identify the document as your Last Will and Testament.

City where you reside:

State where you reside:

Marital Status:

Spouse Name:

Enter your spouse's full legal name. Do not use nicknames or your spouse's social name. For example, use " Mary B. Doe" not " Mrs. John Doe".

Do you have any children?

SAMPLE WILL

LAST WILL AND TESTAMENT OF [LEGAL NAME]


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