Правовая система Республики Беларусь

Правовая система Республики Беларусь

 

Read and translate the text.

The Judicial System in the Republic of Belarus

The system of courts in Belarus is based on the territorial principle and specialization.

The judicial power in the Republic of Belarus belongs to the courts. The Court structure in the Republic of Belarus is determined by the law. The judicial power is exercised by general, economic and other courts envisaged by the legislation of the Republic.

General courts in the Republic include the Supreme Court of the Republic of Belarus, Minsk city (town) and military courts. Economic courts include the Supreme Economic Court of the Republic of Belarus, regional economic courts and other courts with an equal status, economic courts in towns and districts.

In cases stipulated by the legislation of the Republic of Belarus, special courts may be formed within the system of general and economic courts, such as juvenile, family, administrative, land, tax or other courts.

The Supreme Court of the Republic of Belarus is the highest-tier court in Belarus and acts as the final “court of review”. Its general tasks include the oversight of lower-tier courts and can render justice in areas of general civil and criminal law. Unlike the United States’ Supreme Court, constitutional issues are not sent to the Belarusian Supreme Court, but are sent to a separate court called the Constitutional Court. The judges to the Supreme Court are appointed by the President.

The Constitutional Court of Belarus is one of the top-tier courts in the Eastern European countries. Created in 1994, the Court is run under guidelines that were issued in 1997. The purpose of the Court is to render justice in areas where the constitution has come into question, such as a local law contradicting the constitution. There are 12 judges that sit on the bench, with all having degrees in legal studies, as required by Belarusian law. Six of the judges are appointed by the President while the other six are appointed by the Council of the Republic. Regardless of the manner of appointment, the judges sit on the bench for a term of 11 years.

Constitutional control is carried out by the Constitutional Court. Legal acts or their separate provisions which are considered unconstitutional lose force in the pyramid of order determined by the law.

The Economic Court of Belarus is one of three top-tier court system in the Republic of Belarus. The main jurisdiction of the court is dealing with economic, enterprise and monetary disputes between the national government and local government or citizens. Cases dealing with state secrets are also heard in the court, which is based in the national capital of Minsk.

The main law-enforcement institute in Belarus is the State Prosecutor’s Office. It executes the control of legality and the control of conformity to the law of the judicial decisions on civil, criminal and other cases.

The State Control Committee carries out the control of execution of the state’s budget, the use of the state’s property, the execution of the acts of the President, parliament and the government which regulates financial and tax relations.

 

Правовая система Великобритании.

Study the words and the word-combinations.

 

Crown Court – Суд короны

county Court - суд графства

European court of Justice – Европейский суд

court of appeals – апелляционный суд

justice of the Peace – мировой судья

tribunal – суд, трибунал

coroner’s court – суд коронера

juvenile court – суд по делам несовершеннолетних

violent – насильственный

penalty – наказание

fine - штраф

 

Read the text.

English System of Law

There are three separate systems of law in the United Kingdom: the legal systems and law courts of: 1) England and Wales, 2) Scotland, 3) Northern Ireland.

There are some common features to all systems: the sources of law and the distinction between civil law and criminal law. Courts may be classified as criminal courts and civil courts.

The sources of law include: written law (statutes) and unwritten law (based on judicial precedent). We also call the common law as “case law” or “judge made” law. It means that when one judge has decided a point of law, any judge who has the similar set of facts must decide case in the same way as in the earlier judgement. In other words, the judge uses the process of analogy.

English system of law includes:

1. Magistrates’ courts (about 700). Magistrates’ Courts try the majority of all the less Serious criminal cases and some civil cases. Magistrates’ courts are presided over by lay magistrates (called justices of the peace). The courts consist of between 2 to 7 magistrates. It is the lower court or court of first instance.

2.Crown Court – consists of judges, 2 magistrates and jury. It deals with all serious criminal cases. (Indictable offences). It also hears appeals from magistrates’ courts. The accused has the right to trial by jury.

3. County Court – consists of judge and jury. It deals with civil cases, for example, divorce. (Minor claims up to 5000 pounds).

4. The High Court hears all those civil that cannot be decided by County Courts. (More expensive and complicated cases).

5. Court of Appeals – hears both criminal and civil appeals. The appeals system is a necessary safeguard against mistakes and injustice.

6. The House of Lords – is the final appellate tribunal.

There is the Central Criminal Court in London. Certain cases may be referred to the European Court of Justice in Luxembourg or the European Court of Human Rights.

The legal system includes juvenile courts, which deal with offenders under 17 and coroners’ courts, which investigate violent, sudden or unnatural deaths. The age of criminal responsibility in England and Wales is ten. Britain has a serious problem with young offenders. The peak age for committing crime is 15.

The accused must normally appear first before a magistrates’ court. The large majority of all penalties in magistrates’ courts are fines. An accused person has the right to employ a legal advisor.

 

 

CRIMINAL LAW

Criminal lawis the body of law that defines criminal offenses, regulates the apprehension, charging, and trial of suspected persons, and fixes punishment for convicted offenders. Criminal law defines acts as criminal. In other words, however immoral or unjust an act may be thought to be, it is not a crime unless the law says it is one. A crime is usually defined as a voluntary act or omission, together with a given state of mind.

The Government's strategy for dealing with crime is to sustain the rule of law by preventing crime where possible; to detect culprits when crimes are committed; to convict the guilty and acquit the innocent; to deal firmly, adequately and sensibly with those found guilty; and to provide more effective support for the victims of crime. It is also concerned with ensuring that public confidence in the criminal justice system is maintained and that a proper balance between the rights of the citizen and the needs of the community as a whole is maintained.

With continuing concern in Britain, as in many other countries, over rising crime rates, public expenditure on the law and order programme reflects the special priority given by the Government to these services. Recent increases have been made to cover, in particular, greater police manpower, the probation service and extra spending on prison building. More than two-thirds of total expenditure is initially incurred by local authorities (with the help of central government grants), mainly on the police service.

Criminal law also deals with the preparation of charges and with trial procedures. The latter involves the formation of juries, the guarantee of a public trial, the right to counsel, the presentation of evidence, the establishment of guilt, and sentencing, if guilt has been established. Criminal law is concerned with postconviction procedures, such as calling for a new trial or challenging a conviction, either in the court where the conviction was declared or in appeal to a higher court.

 

Семестр

Правонарушители.

 

Study the words and the word-combinations.

 

pickpocket – карманный вор

burglar – вор-взломщик

murderer – убийца

kidnapper – лицо, похитившее человека с целью выкупа

traitor – предатель

accomplice – сообщник

drug dealer – торговец наркотиками

spy – шпион

terrorist – террорист

assassin – убийца (по найму или политическим мотивам)

hooligan – хулиган

stowaway – безбилетный пассажир

thief – вор

hijacker – воздушный пират

forger – фальшивомонетчик

smuggler – контрабандист

arsonist – поджигатель

shoplifter – магазинный вор

mugger – уличный грабитель

offender – правонарушитель

vandal – вандал

gangster – гангстер

deserter – дезертир

bigamist – двоеженец

 

I. Choose the correct words to complete the following statements.

 

1. … sets fire to property illegally.

2. … steals from shops while acting as an ordinary customer.

3. … is someone who attacks people and robs them in a public place.

4. … is anyone who breaks the law.

5. … deliberately causes damage to property.

6. … breaks into houses or other buildings to steal.

7. … kills someone.

8. … takes away people by force and demands money for their return.

9. …steals things from people’s pockets in crowded places.

10. … helps a criminal in a criminal act.

11. … buys and sells drugs illegally.

12. … gets secret information from another country.

13. … uses violence for political reasons.

14. … murders for political reasons or a reward.

15. … causes damage or disturbance in public places.

16. … hides on a ship or plane to get a free journey.

17. … is one who steals.

18. … takes control of a plane by force and makes the pilot change course.

19. … makes counterfeit (false) money or signature.

20. … is someone who steals money or property by force from people or places.

21. … brings goods into a country illegally without paying tax.

22. … betray his country to another state.

23. … is a member of a criminal group.

24. … is a soldier who runs away from the army.

25. … marries illegally, being married already.

Kinds of cases

Civil cases

Civil cases are usually disputes between or among private citizens, corporations, governments, governing agencies, and other organizations. Most often, the party bringing the suit is asking for money damages for some wrong that has been done. For example, a tenant may sue a landlord for failure to fix a leaky roof, or a landlord may sue a tenant for failure to pay rent. People who have been injured may sue a person or a company they feel is responsible for the injury.

The party bringing the suit is called the plaintiff; the party being sued is called the defendant. There may be many plaintiffs or many defendants in the same case.

The plaintiff starts the lawsuit by filing a paper called a complaint, in which the case against the defendant is stated. The next paper filed is usually the answer, in which the defendant disputes what the plaintiff has said in the complaint. The defendant may also feel that there has been a wrong committed by the plaintiff, in which case a counterclaim will be filed along with the answer. It is up to the plaintiff to prove the case against the defendant. In each civil case the judge tells the jury the extent to which the plaintiff must prove the case. This is called the plaintiff’s burden of proof, a burden that the plaintiff must meet in order to win. In most civil cases the plaintiff’s burden is to prove the case by a preponderance of evidence, that is, that the plaintiff’s version of what happened in the case is more probably true than not true.

Jury verdicts do not need to be unanimous in civil cases. Only ten jurors need to agree upon a verdict if there are 12 jurors: five must agree if there are six jurors.

Criminal cases

A criminal case is brought by the state or by a city or county against a person or persons accused of having committed a crime. The state, city, or county is called the plaintiff; the accused person is called the defendant. The charge against the defendant is called an information or a complaint. The defendant has pleaded not guilty and you should presume the defendant’s innocence throughout the entire trial unless the plaintiff proves the defendant guilty. The plaintiff’s burden of proof is greater in a criminal case than in a civil case. In each criminal case you hear the proof; the plaintiff must prove each of these elements beyond reasonable doubt before the defendant can be found guilty.

In criminal cases the verdict must be unanimous, that is, all jurors must agree that the defendant is guilty in order to overcome the presumption of innocence.

 

Виды наказаний

Study the words and the word-combinations

 

definition – определение

a matter of difficulty – вопрос вызывающий затруднение

is punishable by the State – наказуемый государством

a violation of the public rights – нарушение общественных прав

breaches of law – нарушение закона

occur – случаться, встречаться

involves guilty conduct and guilty intention – включает преступное поведение, преступное намерение

particularly grave offences – особенно тяжкие преступления

deprivation of liberty – лишение свободы

death sentence – смертный приговор

majority - большинство

corrective labour – исправительные работы

 

I. Scan through the text

Crime and Punishment

The definition of a “crime” has always been a matter of difficulty and no really satisfactory definition of a “crime” has yet been evolved. You may say that “crime” is a violation of the public rights and duties, which is punishable by the State. But a distinction must be drawn between breaches of law which are crimes and those which are merely illegal without being criminal.

Besides, there are some acts, which are crimes in our country but not in another. For example, it is a crime to drink alcohol in Saudi Arabia, but not in Egypt. It is a crime to smoke marijuana in England, but not in the Netherlands. However, there are quite a lot of agreements among states as to which acts are criminal.

No one knows why crime occurs. Since the 18^th century various scientific theories have been advanced to explain crime. But since the mid20^th century, the notion that crime can be explained by any single theory has fallen into disfavour among investigators. They explain it by so-called multiple factor, which includes biological, psychological, cultural, economic and political reasons.

As a general rule “crime” involves guilty conduct (actus Reus) and guilty intention (mens Rea).

Treason, sabotage, banditry, desertion in a time of war, armed robbery, premeditated murder, rape under aggravating circumstances and certain other singularly dangerous social crimes are qualified as particularly grave offences. In such an event deprivation of liberty of up to 15 years may be applied or the death sentence which is regarded as an exceptional measure. (The death penalty was abolished in Britain in 1969).

The purpose of punishments is to reform the offender and to rehabilitate him, on the other hand when punish, we warm other people of what will happen if they break the law.

Criminal sentences ordinarily embrace four basic modes of punishment. In descending order of severity these are: incarceration, community supervision, fine, and restitution. The death penalty is now possible only for certain types of atrocious murders and treason. It is never applied in respect to persons under 18. The majority of criminal sanctions are confined to short terms of deprivation of liberty and penalties not involving deprivation of liberty: corrective labour and public censure.

Criminal and civil procedures are different. Criminal actions are nearly always started by the state. Civil actions are started by individuals. The party bringing a criminal action is called the prosecution, but the party bringing a civil action is called the plaintiff. In both kinds of action the other party is known as the defendant.

 

4. Тюремное заключение

 

Study the words and the word-combinations

 

Imprisonment - тюремное заключение;

primarily - главным образом;

confinement - лишение свободы, заключение под стражу;

convicted person - осужденный;

transportation - транспортация (ссылать за моря как вид уголовного наказания);

abolition - отмена;

concern - забота, беспокойство;

diminish - уменьшаться;

compound – усугублять;

predominantly - главным образом;

in custody - содержащийся под стражей;

previous conviction - судимость;

burglary - ночная кража со взломом;

robbery - грабеж с насилием или разбой.

 

Prisons

The idea of imprisonment as a form of punishment is relatively modern. Until the late 18th century, prisons were used primarily for the confinement of debtors who could not pay, of accused persons waiting to be tried, and of those convicted persons waiting for their sentences—death or transportation. Since the late 18th century, with the decline of capital punishment (death penalty), the prison has come to be used also as a place of punishment. With the abolition of transportation, the prison has become the principal sanction for most serious crimes. Concern over prison conditions has not diminished over the years. Problems of security and the protection of prisoners from violence on the part of other prisoners have been compounded by the difficulties arising from overcrowding, as prison populations in most countries continue to grow. The people who make up the populations of most prison systems have many characteristics in common. The populations of most prison systems are predominantly male—in England males outnumber females by 28 to 1 (although the number of women in prison is rising at a higher rate than the number of men)—and relatively young—nearly 70 percent of those in custody are under the age of 30. [To be in custody means to be kept in prison by the police until you go to court, because the police think you are guilty.] Most offenders in prison have a number of previous convictions; the offenses they have committed are most commonly burglary, theft, violence, or robbery. A similar picture is revealed by U.S. statistics; the most common offenses for which prisoners are in custody are burglary and robbery. [Burglary is the crime of getting into a building to steal things. Violence is behaviour that is intended to hurt other people physically. Robbery is the crime of stealing things from a bank, shop etc, especially using violence.]

Тюрьма и ее разновидности.

Study the words and the word-combinations

 

Serve a sentence - отбывать наказание;

long sentence - длительный срок лишения свободы;

short sentence - краткий срок лишения свободы;

detain - содержать под стражей;

security - режим в тюрьме;

maximum-security prison - тюрьма с максимальной изоляцией заключенных;

strict / high security - строгий режим;

medium security - режим средней строгости;

minimum security - общий режим;

likely - склонный;

escape - побег;

constitute - составлять;

confine - держать взаперти;

open prison - тюрьма открытого типа (неохраняемая);

abscond - скрываться от правосудия;

treatment - исправление преступников;

detention centre - центр для содержания под стражей задержанных правонарушителей,

discipline - дисциплина.

 

Types of prisons.

 

Prisons are classified administratively as local or central prisons. Local prisons serve a variety of purposes—holding prisoners awaiting trial or sentencing and prisoners serving shorter sentences, up to about 18 months. There the worst overcrowding occurs. Prisoners serving longer sentences are detained in central prisons. Central prisons are large maximum-security prisons holding more than 1, 000 offenders in conditions of strict security. For security, prisoners are classified into four categories, from A (prisoners likely to attempt escape, and constituting, if successful, a significant danger to the public) to D (prisoners who can be trusted to work in conditions of minimal security). Prisoners who are not considered a danger to the community may be confined in low-security or open prisons, where there is normally no obstacle to a prisoner's absconding. Women are normally held in separate institutions. Young people who have done something illegal are kept in detention centres because they are too young to go to prison. The purpose of these institutions is rather treatment or correction than punishment. Detention centres for young offenders serving sentences that must not exceed four months are based on the principle of strict discipline and physical activity; research has failed to show, however, that it is an effective deterrent to further crime.

 

The Hangman’s Rope

The electric chair, the hangman’s rope the guillotine. The debate on capital punishment divides people in Britain very neatly into two groups: these for and those against because this issue is all black and white; there is no grey area.

Did you know?

In the USA, where over 85% of the population over the age of 21 approve of the death penalty and are not against the statement that juveniles and mentally deficient people can be executed. In many states which still have the death penalty, some use the electric chair, which can take up to 20 minutes to kill, while others use gas or lethal injections.

In Britain capital punishment lasted until 1965, when it was abolished by Parliament. There have been 14 attempts since then to reintroduce it – all unsuccessful.

Arguments FOR.

The pro-hanging lobby uses four main arguments to support its call for the reintroduction of capital punishment. First, there is the deterrence theory, which states that potential murderers would think twice before committing the act if they knew that they might also die if they were caught. The armed bank robber might, likewise, decide to leave his shotgun at home and go back to being an ordinary robber.

Next is the idea of public security. If the death penalty were reinstated it would mean that a convicted murderer would not be set free after serving 20 years or less of a life sentence and be able to go on to murder again. The general public would, therefore, be safer.

The other two arguments are more suspect. The idea of retribution demands that criminals should get what they deserve: if a murderer intentionally sets out to commit a crime, he should accept the consequences. Retribution, which is just another word for revenge, is supported by the religious doctrine of an eye for an eye and a tooth for a tooth.

The fourth main pro-hanging argument is the most cold-blooded. It is that it makes economic sense to hang convicted murderers rather than have them in prison wasting taxpayers’ money.

Arguments AGAINST.

The arguments against the death penalty are largely humanitarian. But there are also statistical reasons for opposing it: the deterrence figures do not add up. In Britain 1903 was the record year for executions and yet in 1904 the number of homicides actually rose. 1946 also saw an unusually high number of executions followed in 1947 by another rise in the murder rate. If the deterrence theory was correct, the rate should have fallen.

The second main argument against reintroducing capital punishment is that innocent people are sometimes wrongly convicted and, while people can be released from prison, they cannot be brought back from the dead if they have been hanged.

The other reasons to oppose the death penalty, which are largely a matter of individual conscience and belief, are firstly that murder is murder and this includes state executions. The state has no more right to take a life than the individual. Indeed, the state should set an example to the individual by not taking lives. It is believed to be a measure of its civilization that a state acts more humanely than its citizens. The second is that Christianity preaches forgiveness, not revenge.

 

Семестр

Solicitor

 

Solicitor is a type of practicing lawyer in Britain who gives advice, does the necessary work when property is bought and sold, and defends people, especially in the lower courts of law. In general, a barrister undertakes no work except through a solicitor, who prepares and delivers the client's instructions to a barrister. Solicitors confer with clients, draft documents, conduct negotiations, prepare cases for trial, and retain barristers for advice on special matters or for advocacy before the higher courts. They have a right to act in all courts as the agents for litigation or representatives of their clients, but they may appear as advocates only in the lower courts. If one wants to make a will the best man to advise him is a solicitor. If one gets into trouble with the police one can ask a solicitor to help prepare his defence. The official organization of solicitors is the Law Society, a voluntary group, incorporated by Parliament. The Law Society has extensive authority in setting and enforcing standards for solicitors. The Law Society maintains a client-compensation fund to reduce and relieve losses sustained from dishonesty by solicitors. The education required of a solicitor includes a law school course. Furthermore, To qualify as a solicitor one is to join a practicing solicitor as a “clerk” and to work for him (apprenticeship) for a period of five years (three years for university graduates) in order to pass the Law Society exams. Solicitors must be British Commonwealth citizens, although there is no such requirement for the barrister. [The Commonwealth is an organization of about 50 countries that were once part of the British Empire.]

 

 

Barrister

 

Study the words and the word-combinations.

 

barrister - барристер (адвокат, имеющий право выступать в высших судах)

untouchable - недоступный, недосягаемый

Inns of Court - Судебные Инны (четыре английские школы подготовки барристеров)

Inner Temple - Внутренний Темпл

Middle Temple - Средний Темпл

Lincoln's Inn - Линкольновскнй Инн

Gray's Inn - Греевский Инн

high antiquity - глубокая древность

legal education - юридическое образование

prospective - будущий

inn - постоялый двор; инн, школа подготовки барристеров

read law - изучать право

serve one's apprenticeship - проходить курс ученичества

proper – надлежащий

fee - гонорар

 

I. Read the text.

 

Barrister is one of the two types of practicing lawyers in England, the other being the solicitor. In general, barristers engage in advocacy (trial work) and solicitors in office work. Barristers are experts in the interpretation of the Law. Barristers are called in to advise on really difficult points. Only barristers (not solicitors) may appear as advocates before the High Court. High Court is a court of law in Britain that is at a higher level than ordinary courts and that can be asked to change the decisions of a lower court. Barristers are rather untouchable figures. If you need one, you never see him without your solicitor being with him. To be a barrister it is necessary to be a member of one of the four Inns of Court in London. Inns of Court are four institutions of high antiquity that have historically been responsible for legal education. Inns of Court include Inner Temple, Middle Temple, Lincoln's Inn, and Gray's Inn. A prospective barrister must pass some examinations established for the inns by the Council of Legal Education and must read law and serve his apprenticeship with a practicing barrister for not less than a year. A barrister is required to accept any case for a proper professional fee, regardless of his personal feelings. Barristers cannot carry on any other profession or business.

THE BRITISH POLICE

The British police officer is a well-known figure to anyone who has visited Britain or who has seen British films. Policemen are to be seen in towns and cities keeping law and order, either walking in pairs down the streets (" walking the beat" ) or driving specially marked police cars. Once known as 'panda cars' because of their distinctive markings, these are now often jokingly referred to as 'jam sandwiches' because of the pink fluorescent stripe running horizontally around the bodywork. In the past, policemen were often known as 'bobbies' after Sir Robert Peel, the founder of the police force. Nowadays, common nicknames include 'the cops', 'the fuzz', 'the pigs', and 'the Old Bill' (particularly in London). Few people realise, however, that the police in Britain are organised very differently from many other countries.

Most countries, for example, have a national police force which is controlled by central Government. Britain has no national police force, although police policy is governed by the central Government's Home Office. Instead, there is a separate police force for each of 52 areas into which the country is divided. Each has a police authority – a committee of local county councillors and magistrates.

The forces co-operate with each other, but it is unusual for members of one force to operate in another's area unless they are asked to give assistance. This sometimes happens when there has been a very serious crime. A Chief Constable (the most senior police officer of a force) may sometimes ask for the assistance of London's police force, based at New Scotland Yard – known simply as 'the Yard'.

In most countries the police carry guns. In Britain, however, this is extremely unusual. Policemen do not, as a rule, carry firearms in their day-to-day work, though certain specialist units are trained to do so and can be called upon to help the regular police force in situations where firearms are involved, e.g. terrorist incidents, armed robberies etc. The only policemen who routinely | carry weapons are those assigned to guard politicians and diplomats, or special officers who patrol airports.

In certain circumstances specially trained police officers can be armed, but only with the signed permission of a magistrate.

All' members of the police must have gained a certain level of academic qualifications at school and undergone a period of intensive training. Like in the army, there are a number of ranks: after the Chief Constable comes the Assistant Chief Constable, Chief Superintendent, Chief Inspector, Inspector, Sergeant and Constable. Women make up about 10 per cent of the police force. The police are helped by a number of Special Constables – members of the public who work for the police voluntarily for a few hours a week.

Each police force has its own Criminal Investigation Department (CID). Members of CIDs are detectives, and they do not wear uniforms. (The other uniformed people you see in British towns are traffic wardens. Their job is to make sure that drivers obey the parking regulations. They have no other powers – it is the police who are responsible for controlling offences like speeding, careless driving and drunken driving.)

The duties of the police are varied, ranging from assisting at accidents to safeguarding public order and dealing with lost property. One of their main functions is, of course, apprehending criminals and would-be criminals.

 

Раскрытие преступлений

 

 

Фазы раскрытия преступлений.

Study the words and the word-combinations

 

Crime detection - расследование / раскрытие преступления;

law enforcement agency - правоприменяющий орган; орган юстиции; полицейский орган;

related - связанный;

distinguishable - отличимый;

identification of suspect - опознание подозреваемого;

sufficient evidence - достаточное доказательство;

indict - предъявлять обвинение;

report - сообщать;

subject's assent - согласие субъекта;

identifiable - могущий быть идентифицированным, могущий быть опознанным;

obscenity – непристойность, непристойное поведение;

controversial - спорный;

surveillance - наблюдение;

interception - перехват; подслушивание;

intercept - перехватить;

infiltration - проникновение;

entrapment - провокация преступления с целью его изобличения;

entrap - поймать в ловушку.

forensic - судебный;

investigation - расследование, дознание;

identification - установление личности;

pattern - рисунок;

surface - поверхность;

latent - скрытый, латентный;

fingerprint evidence - отпечатки пальцев как доказательство;

fingerprinting - дактилоскопия;

maintain - хранить;

conviction – осуждение, судимость;

crime scene - место совершения преступления;

match - подбирать под пару;

clue - улика;

identifying witness – понятой

 

 

I. Scan through the text. Restore the word order in the questions that follow and answer them.

Crime detection and its phases

 

In most countries the detection of crime is the responsibility of the police, although special law enforcement agencies may be responsible for the discovery of particular types of crime. Customs departments, for instance, may be responsible for the detection of smuggling and related offenses. Crime detection falls into three distinguishable phases: the discovery that a crime has been committed, the identification of a suspect, and the collection of sufficient evidence to indict the suspect before the court. [To indict means to officially charge someone with a criminal offence.] Criminologists have shown that many crimes are discovered by persons, such as victims or witnesses, other than the police, but certain types—in particular crimes that may involve a subject's assent, such as dealing in drugs or prostitution, or those in which there may be no identifiable victim, such as obscenity—are often not discovered unless the police take active steps to determine whether these crimes are being committed. [Obscenity is sexually offensive language or behaviour.] This may require controversial methods, such as surveillance, interception of communications, infiltration of gangs, and entrapment, for example, by making a purchase from a suspected drug dealer. [Surveillance is the act of carefully watching a person or place because they may be connected with criminal activities. To infiltrate means to secretly join an organization or enter a place in order to find out information about them or harm them. Entrapment is the practice of trapping someone by tricking them, especially to show that they are guilty of a crime.]

5. Дактилоскопия

 

Suspect identification by fingerprints

 

Forensic science plays an important part in the investigation of serious crimes. One of the first significant developments was identification by fingerprints. [Identification is an act of identifying by official papers or cards, such as your passport, that prove who you are. To identify means to recognize and correctly name someone or something. Fingerprint is a mark made by the pattern of lines at the end of a person's finger, which can be used by the police to help find criminals.] It was discovered in the 19th century that almost any contact between a finger and a surface left a latent mark. [Something that is latent is present but hidden, and may develop or become more noticeable in the future.] It was accepted in 1893 that no two individuals had the same fingerprints. Fingerprint evidence was accepted for the first time in an English court in 1902. Fingerprinting is now widely used as a means of identifying criminals. Most major police forces maintain collections of fingerprints taken from known criminals at the time of their conviction, for use in identifying these individuals should they commit later crimes. [Conviction is a decision in a court of law that someone is guilty of a crime.] Fingerprints found at the scene of the crime are matched with fingerprints in the collection. According to the British standard, if the sets of fingerprints share at least 16 characteristics, it is considered that they are from the same person.

 

Суд и его действующие лица.

 

 

Study the words and the word-combinations.

 

clerk - секретарь суда

bailiff - судебный пристав

probation officer - чиновник, надзирающий за лицами, направленными судом на пробацию

probation - пробация, опека (вид условного осуждения)

nevertheless - тем не менее

public officer - публичное должностное лицо

rural justice of the peace - сельский мировой судья

part-time - занятый неполный рабочий день

makeshift – временный

fee - гонорар

pittance for salary - скудное жалованье

appellate – апелляционный

 

 

Court and its people

 

Court is a building or room where all the information concerning a crime is given so that it can be judged. A court is a complex institution whose functioning depends upon many people: not only the judge but also the parties, their lawyers, witnesses, clerks, bailiffs, probation officers, administrators, and many others, including, in certain types of cases, jurors. Party is one of the persons or sides in a legal dispute. Lawyer is someone whose job is to advise people about laws, write formal agreements, or represent people in court. Witness is someone who sees a crime and can describe what happened. Clerk is an official in charge of the records of a court. Bailiff is an official of the legal system who watches prisoners and keeps order in a court of law. Probation officer is someone whose job is to watch, advise, and help people who have broken the law and are on probation. Probation is a system that allows some criminals not to go to prison, if they behave well and see a probation officer regularly, for a fixed period of time. Juror is a member of a jury. Jury is a group of 12 ordinary people who listen to details of a case in court and decide whether someone is guilty or not. Nevertheless, the central figure in any court is the judge. Judge is the official with authority to hear and decide how criminals should be punished. Judges vary enormously, not only from nation to nation but often within a single nation. For example, a rural justice of the peace in the United States untrained in the law, serving part-time, sitting alone in work clothes in a makeshift (made for temporary use) courtroom, collecting small fees or receiving a pittance for salary. He bears little resemblance to a justice of the Supreme Court of the United States a full-time, well-paid, black-robed professional, assisted by law clerks and secretaries, sitting in a marble palace with eight colleagues and deciding at the highest appellate level only questions of national importance. Yet both persons are judges.

 

Семестр

Виды преступлений.

Study the words and word-combinations

 

offense – правонарушение

murder – убийство

battery – избиение

rape – изнасилование

robbery – грабёж

extortion – вымогательство

kidnapping – похищение (людей)

theft – воровство, кража

embezzlement – растрата

false pretenses – мошеннический обман

forgery – подделка, подлог

burglary – кража со взломом

arson – поджог

rioting – нарушение общественного порядка

treason – измена, предательство

drug deals – распространение наркотиков

felony – фелония (категория тяжких преступлений)

misdemeanor–мисдиминор (категория менее опасных преступлений, граничащих с административными правонарушениями)

forfeiture – конфискация

charge – обвинение

distinction – различение

suspect – подозреваемый

permissible – допустимый

punishment - наказание

 

I. Scan through the text. Work in pairs to answer the questions that follow.

 

Classification of Crimes

The definition of a “crime” has always been a matter of difficulty and no really satisfactory definition of a “crime” has been yet evolved. You may say that “crime” is a violation of the public rights and duties, which is punishable by the State. But a distinction must be drawn between branches of law which are crimes and those which are merely illegal without being criminal.

Besides, there are some acts, which are crimes in our country but not in another. However, there are quite a lot of agreements among states as to which acts are criminal.

Crime has three major parts: crime against person; crime against property; and crime against the public order.

A crime against person always involves force and threat of force against the body of another (murder, battery, rape, robbery, extortion, kidnapping, etc.).

Crimes against property are distinguished by an absence of force against a person and a loss of property is the key (theft, embezzlement, false pretenses, forgery, burglary, arson, etc.).

Crimes against the public order include rioting, treason, and most of the “victimless” crimes (prostitution, sale of pornography, drug deals). Violence to person or loss of property may or may not be presented. What is present, is behavior seen harmful to the integrity of community to such an extent as to call for criminal punishment. Sometimes we see these as “moral crimes”.

Most legal systems find it necessary to divide crimes into categories for various purposes connected with the procedure of the courts – determining, for instance, which kind of court may deal with which kind of offense. The common law originally divide crimes into two categories – felonies (the grave crimes, generally punishable with death, which resulted in forfeiture of the perpetrator’s land and goods) and misdemeanours (for which the common law provided fines and imprisonment). There were many differences in the procedure of the courts according to whether the charge was felony or misdemeanour, and other matters that depend on the distinction included the power of the police to arrest a suspect on suspicion that he had committed an offense, since to arrest a suspect was generally permissible in felony, but not in misdemeanor.

No one knows why crime occurs. Since the 18^th century various scientific theories have been advanced to explain crime. But since the mid- 20^th century, the notion that crime can be explained by any single theory has fallen into disfavour among investigators. They explain it so-called multiple factor, which includes biological, psychological, cultural, economic and political reasons.

Суд присяжных.

 

Study the words and the word-combinations.

 

laymen - неспециалисты

at random -наугад

deliberate – обдумывать

in secrecy - тайно

reach a decision - прийти к решению

reliance - зависимость

incompetent – некомпетентный

amateur – дилетант

administration of justice - отправление правосудия

jurisdiction - судебная практика

exempt – исключать

excuse - освобождать от обязанности

undue - чрезмерный

hardship - неудобство

commitment – передача

moderate - смягчать

elaborate - тщательно разработанный

screening – отбор

voir dire - допрос судом присяжного на предмет выяснения его беспристрастности и непредубежденности

trial counsel - адвокат, выступающий в суде

challenge for cause - отвод по конкретному основанию

likelihood – вероятность

bias – предубеждение

peremptory challenge - отвод без указания причины

hung jury - состав присяжных, не пришедший к единому мнению

mistrial - судебный процесс без единодушного решения присяжных

 

1..Read the text.

Jury

 

Jury is a group of laymen who participate in deciding cases brought to trial. These laymen are recruited at random from the widest population for the trial of a particular case. They are allowed to deliberate in secrecy, to reach a decision, and to make it public without giving reasons. Throughout its history, it has been both overpraised as a charter of liberty and overcriticized as a reliance on incompetent amateurs in the administration of justice. Most jurisdictions exempt some groups from jury service: police officers, lawyers and doctors. All jurisdictions excuse jurors if the service imposes undue hardship. The commitment of important decisions to a random group of laypersons are moderated by an elaborate screening, voir dire, which is conducted by trial counsel before a trial. The law permits counsel to challenge prospective jurors either for cause (challenge for cause), if there is specific likelihood of bias or, for a limited number, to challenge them without having to give a reason (peremptory challenge). Criminal cases are brought by the state against a person or persons accused of having committed a crime. The state is called the plaintiff; the accused person is called the defendant. The charge against the defendant is called a complaint. The defendant pleads not guilty and the jury should presume the defendant's innocence throughout the entire trial unless the plaintiff proves that the defendant is guilty. In criminal cases the verdict must be unanimous, that is, all jurors (traditionally 12) must agree that the defendant is guilty in order to overcome the presumption of innocence. When they cannot agree on a verdict (termed a hung jury in the United States), the judge declares a mistrial, which means the case must be tried anew.

POLICE POWERS

 

The powers of a police officer in England and Wales to stop and search, arrest and place a person under detention are contained in the Police and Criminal Evidence Act 1984. The legislation and the code of practice set out the powers and responsibilities of officers in the investigation of offences, and the rights of citizens.

An officer is liable to disciplinary proceedings if he or she fails to comply with any provision of the codes, and evidence obtained in breach of the codes may be ruled inadmissible in court. The code must be readily available in all police stations for consultation by police officers, detained people and members of the public.

Stop and Search

A police officer in England and Wales 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. The officer must, however, state and record the grounds for taking this action and what, if anything, was found.

The Criminal Justice and Public Order Act 1994 enables a senior police officer to authorise uniformed officers to stop and search people or vehicles for offensive weapons, dangerous implements where he or she has reasonable grounds for believing that serious incidents of violence may take place. The officer must specify the time-scale and area in which the powers are to be exercised.

Arrest

In England and Wales 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. Arrestable offences are those for which five or more years' imprisonment can be imposed. This category also includes 'serious arrestable offences' such as murder, rape and kidnapping.

There is also a general arrest power for all other offences if it is impracticable or inappropriate to send out a summons to appear in court, or if the police officer has reasonable grounds for believing that arrest is necessary to prevent the person concerned from causing injury to any other person or damage to property.

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 to charge, the person may be released on bail pending further enquiries by the police. The police may decide to take no further action in respect of a particular offence and to release the person. Alternatively, they may decide to issue him or her with a formal caution, which will be recorded and may be taken into account if he or she subsequently re-offends.

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. Where someone is detained after charge, he or she must be brought before a magistrates' court as soon as practicable. This is usually no later than the next working day.

 

Правовая система Республики Беларусь

 

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