The People of the State of (Any State) vs. CASE NUMBER

(Arrestee’s Name) Defendant(s)

_________________________________________ARREST WARRANT

In the County of ___(Any County)________

The people of the State of _____ (Any State)______to any police officer of this State:

A complaint on oath has this day been laid before me that the crime of (designation of crime) was committed and accused (the arrestee’s name) thereof. You are therefore ordered to arrest the accused forthwith and bring him before a judge of this court.

ENDORESMENT FOR NIGHT SERVICE

For good cause shown to this court, I direct that this warrant be served at any hour of the day or night.

Dated at_______ (place) this__________ day of _________, 19___ ________________________

(Signature of judge or magistrate)

Answer the questions:

1. What are the types of valid arrests?

2. What is a warrant?

3. In what circumstances the court permits a complaint to be filed under the name of John or Jane Doe?

4. Is an arrest warrant lawful when the arresting officer does not have the warrant in possession at the time of arrest?

5. In what cases an arrest may be made without a warrant?

6. Must a warrant be shown to the arrested person?

Some words for the text:

custody – арест, заключение

rule of thumb – правило правой руки

warn – предупреждать

incrimination – обвинение

landmark – веха, поворотный пункт

mentally impaired - умственно неполноценный.

identify – опознавать

complain – жаловаться

eventually – окончательно

unaware – незнающий, неподозревающий

admissible – допустимый.

Miranda Warnings

An officer is to use the Miranda warnings whenever an individual has been taken into custody. One standard rule of thumbs by many street officer is to “Mirandize” whenever the conversation with a person moves from an interview to an interrogation.

A suspect who has been taken into custody by an officer must be warned – at the time of arrest – of their protection under the Fifth and Sixth Amendments. These include one’s right to be safe from self-incrimination and the right to have the assistance of counsel in one’s defense. These constitutional rights were established as national doctrine in the landmark case of Miranda V. Arizona (1966).

Ernesto Miranda, a twenty-five-year-old mentally impaired man, was arrested in Phoenix, Arizona. He was charged with kidnapping and rape. Miranda had been arrested in his home and was taken to a police station where he was identified by a complaining witness. Following a two-hour interrogation, Miranda signed a written confession and was later convicted and sentenced to twenty to thirty years in prison. This conviction was affirmed in his appeal to the Arizona Supreme Court. Miranda continued his appeal, eventually heard by the US Supreme Court. The appeal’s argument rested heavily on the fact that Miranda had never been warned that any statement he made could be later used against him and that he had been unaware of his right to have legal counsel present during interrogation.

The Miranda case was one of four similar cases heard simultaneously by the Supreme Court. The major constitutional issue decided by the Court in all four cases was the admissibility of statements obtained from suspects questioned in custody (or otherwise denied freedom). Under the provisions of the fifth Amendment, “no person … shall be compelled in any criminal case to be a witness against himself”. This means that a defendant cannot be required to testify in court. It also means that a suspect cannot be physically or psychologically coerced to confess nor be made to confess under fear or duress. On the opinion of the Supreme Court, Miranda had given in to psychological pressures from the “third-degree method” employed by the police. Miranda’s conviction was overturned and the Court established specific procedural guidelines for the police to follow before attempting to interrogate suspects. These procedures are more generally referred to as Miranda warnings.

Most people – at least those who have seen any television police shows during the past twenty years – are rather familiar with the.

Miranda Warnings.

1. You have the right to remain silent. You are not required to make any statement or answer any question. Anything you say will be taken down and can later be used against you in a court of law.

2. You have the right to speak with any attorney and to have an attorney present during questioning.

3. If you cannot afford an attorney, but desire to have one present during questioning, one will be provided by the court at no charge.

4. If you want to answer questions now, without an attorney present, you will still retain the right to stop answering at any time.

The Miranda decision has been hailed by many legal scholars as the most significant legal case of the twentieth century. For others, the Miranda case has been as a serious impediment to carrying out the task of maintaining justice in America.

Answer the questions:

1. What is “Miranda Warnings”?

2. What must an arrested person be warned about at the time of arrest?

3. Under what circumstances were these constitutional rights established?

4. What was Ernesto Miranda and what was he charged with?

5. Why was Miranda’s conviction overturned?

6. What was the result?

7. What are the rights of an arrested person?

Crime

A crime is an act or default which prejudices the interest of the community and is forbidden by law under pain of punishment. It is an offence against the state, as contrasted with a tort of civil wrong, which is a violation of a right of an individual and which does not lead to punishment. The most important categories of crime in England and the United States are felony and misdemeanor.

In England felony (any of the more serious crimes such as murder, larceny, rape, arson and aggravated assault) is punishable in the same way as misdemeanor except few instances (treason and special cases of murder) in which capital punishment still exists.

In the United States the distinction between a felony and misdemeanor lies in how it is punishable, not the degree of infamy of the offence. All crimes which are not felonies or treason are misdemeanor. Originally a misdemeanor was a crime not resulting in the forfeiture of property in conviction, and at one time all felonies were punishable more severely than misdemeanor (usually by death). Today, however, some misdemeanors are punishable in England more severely than some felonies though never by death. Examples of misdemeanors are perjury, obtaining money by false pretences and conspiracy.

In the United States an offence punishable by a fine or by imprisonment other than in a prison is a misdemeanor; a crime for which the maximum punishment is in a county penitentiary in New York, that crime is by definition a misdemeanor. An offence punishable by imprisonment is a state prison, or capitally, is a felony.

Translate the following words and word-combinations into English:

Совершить поджог, наказуемый смертью, запрещенный законом, в противоположность, нарушение прав, конфискация имущества, наказуемый, за исключением, первоначально, штраф, лишение свободы.

Answer the questions.

1. What is a crime?

2. What categories of crime do exist in England and the USA?

3. What kinds of felonies do you know?

4. What are they punished by?

5. What’s the punishment for a misdemeanor?

6. What kinds of misdemeanor do you know?

7. What’s the punishment for a felony?

Gangsters Cash in on Snake

A large illegal shipment of snake venom has been seized in Moscow.

By Alexander Shvarev.

A few days ago, operatives of the Moscow City Administration for Combating Organized Crime (RUBOR) seized the largest batch of snake venom. According to the police, several members of the Kemerovo organized criminal group tried to sell about one kilogram of this extremely rare substance to Moscow drug dealers, who use it to manufacture synthetic drugs. The deal was big even by criminal standards: approximately $ 3 million.

As MN was told at the RUBOR back in 1991 members of the Kemerovo organized crime group obtained a large batch of viper venom from a Novosibirsk snake farm. Investigators working to establish exactly how much of the substance the criminals obtained and in what way. According to preliminary data, the gangsters simply stole the venom, unaware of its real value. That’s why the criminal kingpins could not for a long time sell the preparation. Medical institutions need very small amounts of it, and they prefer to acquire the substance officially. Meanwhile, the hot commodities on the criminal market are explosives, weapons and other things, indispensable for criminals – not the little known snake venom. Since a snake can produce just 0.5 grams of the stuff at a time, its preparations are extremely expensive. So, although this substance can in theory be used to make various drugs, it was considered too costly in the drug business.

The Kemerovo men had practically lost hope of selling the substance when, late last year, several Moscow drug dealers got interested in their offer. They use snake poison to produce synthetic cocaine and other potent drugs. To discuss the details of the deal and the price of the stuff, guys from Kemerovo flew to Moscow. The going price for one gram of venom is approximately $ 16.000, but the buyers were planning to take a big shipment and so they knocked the price down to $ 10.000. The total amount of money involved was roughly $ 3 million.

However earlier this year RUBOR operatives learned about the forthcoming transaction and kept its participants under surveillance. On February 23 police broke into a room where two Kemerovo smugglers were staying. They had 400 grams of venom on them. The detainees told interrogators that, they had hidden the rest of the shipment in a cache in another building, where another 400 grams of this rare substance was discovered.

Both smugglers maintain they knew nothing about a ban in Russia on trade in poisonous substances without special license. Some businessmen dealing in medicine offered to be intermediaries, they said, and they agreed. Criminal proceedings have been initiated against the detainees under Article 234 of the RF Criminal Code (illegal circulation of poisonous substances), and they are facing up to three years in prison.

From Moscow News

Answer the questions:

1. What is this text about?

2. In what way did criminals obtain venom?

3. What is the snake venom used for?

4. What was the total amount of money of this transaction?

5. What were they sentenced for?

Try to retell this text in brief using the plan:

1. RUBOP seized the largest batch of snake venom.

2. Criminals couldn’t sell the preparation.

3. Venom is too costly in the drug business.

4. The detain of two Kemerovo smugglers.

5. Criminal proceeding and sentence.

Juvenile

During the past several years, police have found it necessary to become involved with juveniles with increasing frequency. Recent surveys indicate serious and violent crimes being committed by juveniles at an alarming rate. A national panel study was conducted and it was reported that many youths commit illegal acts multiple times daily. According to the Sourcebook of Criminal Justice Statistics (1987), nationally, 49, 322 youths were detained or committed to juvenile correctional facilities in 1985. In addition to their involvement in violent crimes and property crimes, juveniles are rapidly committing increasing numbers of alcohol, narcotics and drug-related offences. Occasionally, undercover officers discover a case they are working involves a juveniles. In most instances, the department’s juvenile unit is notified and sometimes actually drawn into the investigation.

The enormity of juvenile crime in the United States has necessitated increasingly stringent actions on the part of the police. The juvenile unit, or juvenile detail as it is sometimes called, is an attempt to curb delinquency. As a general rule, the juvenile detail is a specialized unit within the detective division. The responsibilities of juvenile officers typically include handling any case that relates to children or adolescents. Consequently, juvenile officers may work with youths who have committed crimes or who have themselves been victims.

A youthful offender’s status as a juvenile is established by each state’s statute. Among several relevant factors usually used in statutes is a youth’s age. Many state statutes include as juveniles all persons under the age of 18. Other states may set the upper limit at 17 and still others at 16 years of age. Even when a youth falls under the age provision for juvenile statutes, however, he or she may be handled as an adult under certain circumstances.

Answer the questions:

1. Why did police have found it necessary to become involved with juveniles during the past years?

2. What is juvenile detail? What are its responsibilities?

3. Whom do juvenile officers work with?

4. What are juveniles?

5. May juveniles be handled as adults? In what cases?

6. What are juvenile units’ functions but enforcing laws?

АНГЛИЙСКИЙ ЯЗЫК

Контрольные работы для студентов юридического факультета

заочной формы обучения

Ионова Елена Сергеевна

Рачинская Нина Владиславовна

Редактирование и корректура авторов

Директор редакционно-издательского центра Короченцева Ж.Ю.

Редактирование и корректура авторов

344002, Ростов-на-Дону, ул. Б.Садовая, 69 РГЭУ «РИНХ».

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