Образец: This is their barrister. – Это их адвокат.
These are their barristers. – Это их адвокаты.
1. This is a decision of the jury. 2. That man is a public prosecutor. 3. This woman is not a witness of the crime. 4. The defendant is in the court. 5. What was the motive for the crime?
II. Выберите притяжательное или личное местоимение по смыслу:
1. Please subscribe (you, your) name to the document. 2. (He, his) gave me a good advice. 3. Does (she, her) refuse to provide the necessary information? 4. This is (we, our) property. 5. (I, my) am going to file an action. 6. Organisations protect (they, their) trademarks in various ways. 7. He threatened to send the love letters to (she, her) husband unless she gave him £ 500.
III. Раскройте скобки, употребив соответствующую глагольную форму. Предложения переведите:
1. When I came to the court the councel for the prosecution (question) the witnesses.
2. The police always (take part) in international cooperation against crime.
3. Yesterday the Prime Minister of the UK (declare) that Britain (not/support) the proposal.
4. If the case is proven the defendant (pay) the plaintiff damages.
5. At that time tomorrow the personnel of this Department (study) carefully the information on the murder.
6. What is the policeman doing now? - He (interrogate) the suspect.
IV. Прочитайте и постарайтесь понять следующий текст. Переведите его письменно:
Classification of Law
There are many ways to classify law, but the most common one is to divide it into two main categories – criminal law and civil law. A simple distinction between the criminal law and the civil law is that the latter regulates the relationships between individuals and the former regulates the legal relationships between the state and individual people. Civil law includes property law, which governs transfer and ownership of property, and contract law, which is the law of personal agreements.
When a person has a grievance and he or she cannot settle it, the courts will settle the differences. This type of law is called a tort law. In tort law, the harm or injury is considered a private wrong, and the main task is to compensate the victims for the harm that was inflicted on them. The harm may be either physical or mental and includes such wrongful acts as trespassing, assault and battery, invasion of privacy, libel, and slander.
In civil actions, the injured person must file an action in order to initiate proceedings, if the offender is found guilty, then he or she pays restitution to the person that was harmed. Criminal law includes criminal offences, which range from the small to the very serious (e. g. murder, rape). The most important purpose of criminal law is to give the state the power to protect the public from harm by punishing individuals whose actions threaten the society. For criminal actions, the state initiates the legal proceedings by bringing charges against the criminal, then prosecuting him or her.
If it is determined that a criminal law was broken, the state will impose a sentence against the defendant such as imprisonment, probation, or a fine, payable to the state. Although the division between civil and criminal law is very clear, there may be some discrepancy (e. g. someone who was found “not guilty” during his criminal trial, but was found “guilty” during his civil trial). It happens because criminal trials are based on the evidence of “beyond a reasonable doubt”, while for a civil case the evidence has only to prove the “preponderance of the evidence”.
V. Выпишите из текста английские эквиваленты следующих слов и выражений и выучите их:
Физическое лицо, правоотношения, жалоба, разногласие, гражданское правонарушения, причинять ущерб (наносить удар), противоправное действие, посягательство, подавать иск, уголовное преступление, выдвигать обвинение, нарушать закон.
VI. Письменно ответьте на вопросы по тексту:
1. What is the distinction between the criminal law and the civil law?
2. Who does initiate legal proceedings in civil actions?
3. State the most important purpose of criminal law.
VII. Выпишите из текста прилагательные в превосходной степени со словами, к которым они относятся.
VIII. Укажите к какой части речи относятся слова каждой из данных ниже колонок. Подчеркните встречающиеся в них суффиксы и дайте исходные формы этих слов:
Образец: suppression (подавление) - существительное; образовано от глагола to suppress (подавлять).
requirement
presumption
slanderer
lawless
investigative
conditional
closure
trustee
III семестр
I. Измените данные ниже предложения по образцу. Предложения переведите письменно:
Образец: The latest robbery is investigated by the Police office.
The latest robbery was investigated by the Police office.
The latest robbery will be investigated by the Police office.
1. He is suspected of the corruption of minors.
2. The murder is not committed by an ordinary criminal.
3. The bill is rejected by Parliament.
4. The study of jurisprudence is divided into three parts.
II. Определите видовременную форму глагола-сказуемого и переведите предложения:
Образец: When they came the walls and the floor were still being examined.
- Когда они приехали, стены и пол все еще обыскивали. Were being examined - The Past Continuous Tenseю Passive Voice.
1. Many people have been questioned in relation to this crime.
2. The police are puzzled by the absence of motive.
3. The house had been examined many times before they found the documents.
4. Mr. Toms will be set free tomorrow. We shall tell the police real facts.
5. A certain document of the greatest importance has been stolen from the royal apartments.
III. Раскройте скобки, употребляя модальные глаголы и их эквиваленты в соответствующем времени, и переведите предложения:
1. They investigated the case but (can) not find any satisfactory cause of death.
2. Are you ready? We (can) prevent some terrible crime.
3. It (may) be held that they rendered themselves liable to criminal prosecution.
4. I suppose that I (ought to) have written first.
5. You (must) make allowances for us when we look at things from the point of view of our advanced age.
6. The police (may) arrest a person without a warrant.
7. The defendant (can) not be tried again for the same offence.
IV. Переведите следующие предложения, обращая внимание на специфику перевода причастия II:
1. The crimes done by the doctor are terrible.
2. The evidence given yesterday helped the police.
3. Several witnesses, asked again, stated that they knew him.
4. First of all they discussed the means of escape used by the murderers.
5. An innocent man was put in prison, charged with burglary.
6. The assisted person is not required to make any contribution.
V. Перепишите предложения, в которых сказуемое употреблено в Present Perfect, Past Perfect, Future Perfect Tense. Предложения переведите:
1. The parties have indicated that a statement is to be regarded as a term.
2. If either is married at the time of the ceremony the offence of bigamy will have been committed.
3. If a woman wants to claim US citizenship she may have to give up her British citizenship.
4. The new law will have come into force by the future elections.
5. The Police had not arrested the accused when he was there.
VI. Прочитайте и переведите письменно следующий текст:
Treatment of Offenders Sentencing
The sentence passed on an offender is entirely a matter for the court. The Government ensures that the courts available range of sentences suited the circumstances of each case and that they are well informed about the purpose and nature of each sentence.
Custody. The Government believes that Custody should be a sanction of last resort used only when the gravity of the offence means that there is a positive justification for a custodial sentence. The Court of Appeal has stated that sentencers should examine each case in witch custody is necessary to ensure that the term imposed is as short as possible. Court’s duty is to protect the interests of the public and to punish the criminal. A magistrates’ court cannot impose a term of more that six months’ imprisonment for each offence tried summarily. It may impose consecutive sentences subject to twelve months’ imprisonment. The death penalty has been repealed for almost all offence. It has not been used for any of these offences: the offence of treason, piracy with violence – since 1946.
Probation. The purpose of probation is to protect society by the rehabilitation
of the offender, who continues to live in the community. Probation may last from six to three years. The cost of the probation service is shared between central and local government. The probation service maintains day centers and hostels together with programs designed to meet the needs of a broad range of offenders. Offenders aged 16 or over convicted of imprisonable offences may be given community service orders (40-240 hours’ unpaid service).
Fine. A fine is the most common sentence imposed in more than 80 per cent of cases. There is no limit to the fine, which may be imposed on indictment (the maximum limit is 2 000).
VII. Ответьте письменно на вопросы по тексту:
1. What is court’s duty?
2. How is the probation service organized?
VIII. Найдите в тексте предложения с причастием II и укажите его функции:
Образец: Person disqualified from jury service include those who have been placed on probation within the previous five years. – В состав присяжных не входят люди, которые имели условное освобождение в течение предшествующих пяти лет. Disqualified – Participle II, определение.
IV семестр
I. Измените данные ниже предложения по образцу. Предложения
переведите письменно:
Образец: Crimes are not divided into felonies and misdemeanors.
Crimes were not divided into felonies and misdemeanors.
Crimes won’t be divided into felonies and misdemeanors.
1. The initial civil proceeding is considered complete.
2. The defendant and his witness are questioned in the court.
3. Members of the court are appointed by the President with the advice and consent of the Senate.
4. Affiliation appeals are heard by the Crown Court.
II. Определите видовременную форму глагола-сказуемого. Переведите предложения:
Образец: All the most important testimony will have been got by six o’clock. – Все самые важные показания будут получены к шести часам. Will have been got – The Future Perfect Tense Passive Voice.
1. But I assure you she is being carefully looked after now.
2. When you do not see what you are being given, a shopkeeper is sure to try and cheat you.
3. Newspapers were still being served there.
4. She has been interviewed already by the sergeant.
5. Telephone messages are always taken down most carefully.
6. The message has been passed on to me or to the appropriate person on duty.
7. Where was he supposed to go?
III. Раскройте скобки, употребляя модальные глаголы и их эквиваленты в соответствующем времени и переведите предложения:
1. He (be able to) put his whole attention on what he was doing.
2. It (need) not be introduced to the police.
3. The officer (be to) retune on the train arriving at 6.30 from New York.
4. If he had an accident…. We (should) go to the police.
5. Unfortunately, their voices were so low that she (can) not hear what they said.
6. (Can) he be mixed up in some way with this robbery or?
IV. Переведите письменно следующие предложения, обращая внимание на специфику перевода Participle II:
1. A number of measures to strengthen the criminal justice system taken by the Government will be discussed there.
2. The measures taken by the police prevent and detect crimes.
3. The new law adopted two days ago comes into force next week.
4. This is the action based on principles.
5. Descriptions of the wanted man have been issued by the police.
V. Перепишите предложения, в которых сказуемое употреблено в Present Perfect, Past Perfect, Future Perfect Tense. Предложения переведите:
1. Since 1929 the minimum age for marriage has been sixteen.
2. Original creative works have economic value and are protected by law.
3. They will have taken a number of measures to strengthen the criminal justice system.
4. We had already voted when he came.
5. Have you claimed the insurance yet?
VI. Прочитайте и переведите письменно следующий текст:
Civil Proceedings
Civil proceedings are instituted by the aggrieved person. In the High court actions are usually begun by a writ of summons served on the defendant by the plaintiff, stating the nature of the claim. A defendant can contest the claim. He informs the court. Documents setting out the question in the pleadings are delivered to the court. Civil proceedings can be abandoned or ended by compromise. Actions brought to court are usually tried without a jury, except in defamation, false imprisonment, malicious prosecution cases.
The jury decides questions of fact and damages awarded to the injured party. Majority verdicts may be accepted. An action in a magistrates’ court is begun by a complaint on which the court may serve the defendant a summons. The evidence is given at the court hearing. The court may order provision for custody, access and suThe costs of an action are usually paid by the party which lost it, except some of cases. In summary cases (involving small sums) hold in the sheriff court the procedure is less formal. The statement of claim is incorporated in the summons. The parties involved need not appear in court. They appear when action is defended and a new small claims procedure is being introduced.
VII. Ответьте письменно на вопросы по тексту:
1. When civil proceedings can be ended?
2. Who pays the costs of an action?
VIII. Найдите в тексте предложения с причастием II и укажите его функции:
Образец: A person convicted by a magistrates’ court may appeal to the Crown Court. – Человек, объявленный виновным в мировом суде, может подать апелляционную жалобу в Суд Короны. Convicted – Participle II, определение. pervision of children, maintenance payments for spouses and children. Refusal to obey a judgment may result in imprisonment for contempt of court.
Примерные вопросы (задания), выносимые на зачет и экзамен
Read and translate the text
Community Corrections
Convicted criminals in our society serve their sentences either (1) as inmates incarcerated in a jail or prison or (2) in the community, at home and at work, under the supervision of probation or parole agents. This text deals with this second major category, community-based corrections. For the most part, this text describes probation, traces its advantages over incarceration, and some of the dimensions of serving time at home.
Probation is not simply leniency; it is a sentence with rules and controls imposed on the offender and enforced by the probation service. This text presents probation as the major form of felony sentencing in our society and describes the world of supervised living while free from incarceration. Most convicted offenders serve all or part of their sentences in the community under the supervision of parole or probation staff. Probation is a sentence handed down by the judge to serve entirely in the community without first going to jail or prison. Parole, on the other hand, is a part of a sentence served in the community after the offender has spent some part of the sentence in prison. Probation, then, is a judicial function and parole is an executive release function.
At present more than half of all sentenced offenders are placed on probation by courts, and nationally about 70 percent of prison inmates are released on munity-based corrections is viewed as an alternative to incarceration, a less intrusive response to the criminal offense.
Arguments in favor of community-based corrections usually rest on dissatisfaction with the state of affairs in prisons. Almost every argument against prisons can be restated as an argument for community based programs. Cost-effectiveness. The total expenses of incarceration are difficult to assess. Prison building costs have escalated in recent years toward "$70,000 per bed," meaning that a prison designed to house 1,000 inmates can cost as much as $70 million, often not counting a wall if this is desired. In addition to capital investment, the costs of operating a prison vary from a low of about 112,000 to above $30,000 per inmate per year. Food, medical services, vocational and educational programming, 24-hour-daily guarding year-round, and the other necessities of prison life are very expensive. In fact, today it costs as PDF created with pdfFactory Pro trial version www. much to send an inmate to a maximum-security prison as it does to send a student to Harvard or Yale. Direct costs do not take into account the "invisible" costs of confinement, the loss of tax and social security revenue while an otherwise able-bodied person is confined, the social welfare costs of maintaining a prisoner's family during incarceration, the loss of any major contribution to the overall munity-based programs are operated at a small fraction of the cost of incarceration. Capital costs are considerably lower, for there are no expensive security devices.
Office space is all that is needed. The expense of providing social services and other correctional programs is much less than in prison, because other social agencies within the community provide these services. Moreover, since the offender usually maintains employment while under community supervision, the "invisible" costs do not accrue. Instead, the offender contributes to his or her own upkeep as well as through taxes, socially security, family support, and in some cases even restitution to victims. In short, prisons are financial liabilities, but community-based corrections can be assets.
Effects of munity-based programs help avoid the harmful effects of incarceration. Disenchantment with imprisonment as a corrective measure has been widespread among criminologists for some time. Indeed, imprisonment has been found wanting as a rehabilitative device, a deterrent, and a punitive response. Even with the considerable advances in penological practices in this century, one cannot avoid concluding that prisons do more harm than good.
Community-based programs, on the other hand, are not "total institutions"; they maintain some semblance of the social qualities, of free life.
Prison existence does not resemble life in the free world, and to assume that people will learn to live law-abiding lives in the" real" world by spending a period of years in prison is untenable. In prisons, we house together, in intimate interactions, the worst among us. To think that such an institution will rehabilitate anyone is ridiculous. Probably the worst behavioral treatment setting in the nation is the maximum-security prison. Prisoners have virtually all decisions made for them from when to get up in the morning to what to wear and what to eat. Every physical
need is met. Such treatment is poor preparation for the demands of living on the outside. PDF created with pdf Factory Pro trial version www. Community and family munity-based programs help avoid social surgery, that is, the severing of a person's community and family relationships. Prison inmates are effectively cut off from spouses, children, employers, parents, friends, school, church, social services organizations, and fraternal and professional contacts. After release from prison, the reestablishment of any of these relationships is difficult.
Prisons tend to be remote from the community from which the prisoners come, making continued relationships with family and friends difficult to munity-based programs allow person to live with his family and to maintain other relationships including employment. Agencies that may prove beneficial in rehabilitation such as Alcoholic Anonymous, drug treatment programs, marital and vocational counseling, and religious organizations can be utilized within a community as well.
Complete the sentences
1. Probation is not simply leniency; it is a sentence with rules and controls
imposed on the offender and enforced by the probation service…
2. At present more than half of all sentenced offenders…
3. In addition to capital investment…
4. Instead, the offender contributes to his or her own up keep as well as…
5. Prison existence does not resemble life in the free world…
6. Prisons tend to be remote from the community…
Answer the following questions using information from the text
1. How do convicted criminals serve their sentences?
2. Where do most convicted offenders serve or part of their sentences?
3. What is the difference between probation and parole?
4. Why are community-based corrections considered more preferable?
5. Why are community-based programs are less expensive?
6. Why is it difficult to reestablish community and family relationships after release from prison?
Match the concepts and their definitions
1. Arraignment The location of an alleged crime; place from which the jury is drawn, and where the trial occurs. PDF created with pdf Factory Pro trial version www.
2. Directed Verdict Crime control agencies responsible for the everyday processing of cases, e. g., police, courts, prisons, etc.
3. Max Out The pleading process; legal proceeding at which formal charges are read, the defendant is notified of his rights, and a plea to the charges is requested.
4. On-Line Agencies Acquittal of a case by the trial judge after the jury has heard all the evidence but before it deliberates, on the grounds that the evidence does not prove guilt beyond a reasonable doubt.
5. Venue Serve a full sentence without parole.
Fill in the gaps using the words in brackets
(liabilities taxes existence employment expensive expense demanded)
1. The thieves … money from the passengers. 2. The business has … of 2 million dollars. 3. A big sum was to be paid in…. 4. It's more … to live in the city than in the country. 5. He used to eke out a miserable … . 6. I don't know how the government can justify the … of the project. 7. The number of people in … has fallen.
Translate the conditional sentences
1. If there were no speed limits drivers would drive at any speed they like.
2. If there were no laws there would be anarchy in society.
3. Had he not taken the money he wouldn’t have been charged with stealing.
4. If you do something wrong, then you commit a crime.
5. Provided new facts were discovered the case would be revised.
6. Had this matter come within our jurisdiction we would have dealt with it.
9. Make up sentences using the words
1. Sentence, to, the, probation, without, or, jail, a, handed, the, down, first, I, prison, by, serve, judge, going, the, in, entirely, community.
2. Sentence, in, has, prison, served, offender, the, parole, is, a, the, spent, part, community, some, of, after, of, a, part, the, in, sentence.
3. Expenses, are, asses, to, total, the, of, difficult, incarceration.
4. Liabilities, but, assets, can, prisons, be, financial, corrections, are, community-based. PDF created with pdf Factory Pro trial version www.
5. beneficial, can, agencies, within, that, as, may, a, well, rehabilitation,
in, utilized, pro.
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