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I. Read text 2 “To Kill a Mocking Bird” by Harper Lee and practice the pronunciation of the words and phrases to anticipate phonetic mistakes.

UNIT 2

I. Read text 2 “To Kill a Mocking Bird” by Harper Lee and practice the pronunciation of the words and phrases to anticipate phonetic mistakes.

Do exercises 1(a,b), 2. p.51, 3.p.52.

II. Study Speech Patterns and Word Combinations of Lesson 2 and do the exercises:

P. 52-54.

III. Read Text 2 “To Kill a Mocking Bird” by Harper Lee, translate it and go behind its linguistic value. Do exercises 14-18 p. 54-56

IV. Run over the essential vocabulary and do exercises 1-8 p. 56-59

CONVERSATIONAL TOPIC

COURT SYSTEM IN THE USA, GREAT BRITAIN AND UKRAINE

Glossary of terms

Crime and offences

Abuse of power Wrong or improper use; misuse, a corrupt or improper practice
Arson The malicious burning of another's house or property
Assault An unlawful physical attack upon another; an attempt or offer to do violence to another
Blackmail Any payment extorted by intimidation, as by threats of injurious revelations or accusations.
Bribery The act or practice of giving or accepting money or any other valuable consideration
Burglary The felony of breaking into and entering the house of another at night with intent to steal
Homicide The killing of one human being by another
Embezzlement Diverting (money etc.) fraudulently to one's own use
Felony 1. an offence, as murder or burglary, of graver character than those called misdemeanours, esp. those commonly punished in the U.S. by imprisonment for more than a year. 2. Early Eng. Law. any crime punishable by death or mutilation and forfeiture of lands and goods.
Forgery The crime of falsely making or altering a writing by which the legal rights or obligations of another person are apparently affected
Fraud Deceit, trickery, sharp practice, or breach of confidence, perpetrated for profit or to gain some unfair or dishonest advantage
House-breaking Breaking into and entering a house with a felonious intent
Kidnapping To steal, carry off, or abduct by force or fraud, esp. for use as a hostage or to extract ransom
Larceny The wrongful taking and carrying away of the personal goods of another from his or her possession with intent to convert them to the taker's own use
Manslaughter The unlawful killing of a human being without malice aforethought
Misdemeanour A criminal offence defined as less serious than a felony
Mugging An assault or threat of violence upon a person, esp. with intent to rob
Murder The killing of another human being under conditions specifically covered in law
Obscenity (of a publication) tending to deprave or corrupt, the character or quality of being obscene; indecency; lewdness
Rape The unlawful compelling of a woman through physical force or duress to have sexual intercourse, any act of sexual intercourse that is forced upon a person.
Robbery The felonious taking of the property of another from his or her person or in his or her immediate presence, against his or her will, by violence or intimidation
Slander Defamation by oral utterance rather than by writing, pictures
Smuggling Importing or exporting (goods) secretly, in violation of the law, esp. without payment of legal duty
Speeding The act or practice of exceeding the speed limit
Theft   The act of stealing; the wrongful taking and carrying away of the personal goods or property of another; larceny
Treason The offence of acting to overthrow one's government or to harm or kill its sovereign
Vandalism Deliberately mischievous or malicious destruction or damage of property
White collar crime A crime committed by office workers
Shoplifting Stealing goods while appearing to shop
Hijacking Seizing a vehicle by force or threat of force

 

Criminals

Accomplice A person who knowingly helps another in a crime or wrongdoing, often as a subordinate
Arsonist A person who commits arson
Burglar A person who commits burglary
Drug pusher A person who sells illicit drugs
Felon A person who has committed a felony
Intruder A person who intrudes, esp. a trespasser
Juvenile delinquent A minor who cannot be controlled by parental authority and commits antisocial or criminal acts, as vandalism or violence, a child or youth characterised by juvenile delinquency
Murderer A person who commits murder
Mugger A person who mugs, esp. one who assaults a person in order to rob him or her
Mob A criminal gang, esp. one involved in drug trafficking, extortion, etc.
Thief A person who steals, esp. secretly or without open force; one guilty of theft or larceny
Robber A person who robs.
Pickpocket A person who steals money, wallets, etc., from the pockets of people, as in crowded public places
Killer A person or thing that kills
Smuggler A person who imports or exports secretly, esp. Without paying duties
Swindler A person who cheats out of money or other assets
Rapist A person who commits rape
Thug One of a former group of professional robbers and murderers in India who strangled their victims
Underworld The criminal element of human society
Tough A ruffian; rowdy

 

Cases

Lawsuit A case in a court of law involving a claim, complaint, etc., by one party against another; suit at law
Civil case A trial concerning private rights and not criminal offences
Criminal case A trial concerning criminal offences
Framed-up case A trial of conspiracy to convict an innocent person
Minor case A trial concerning not serious offences
Trial the determination of a person's guilt or innocence by due process of law

 

Courts

Trial court the court in which a controversy is first adjudicated
Common pleas court 1. (formerly in England) a court to hear civil cases between common citizens. 2. (in some U.S. states) a court with general civil jurisdiction.
Municipal and county court a court whose jurisdiction is confined to a city or municipality, with criminal jurisdiction usually corresponding to that of a police court.
Mayors court a city court presided over by a mayor
Court of claims 1. a court specialised in adjudicating claims against the federal government and its agencies. 2. a special state court specialised in adjudicating claims against the state, its subdivisions, and its agencies.
Courts of appeals (in the U.S. federal court system and some state court systems) an appellate court intermediate between the trial courts and the court of last resort
Federal court a court of a federal government, esp. one established under the Constitution of the United States
Supreme court 1. the highest court of the U.S. 2. (in many states) the highest court of the state. 3. (in some states) a court of general jurisdiction subordinate to an appeals court
Magistrates’ court a court having limited jurisdiction over minor civil and criminal matters, as matters of contract not exceeding a particular amount of money
Crown court A department of the supreme court
Juvenile court a law court having jurisdiction over youths, generally of less than 18 years
High court a superior court

 

Courtroom

The judge’s bench The place where the judge is in session
The jury box The place where the jury sit
The dock The place in a courtroom where a prisoner is placed during trial
The witness’ box/stand The place occupied by a person giving testimony in a court
The public gallery The place in a courtroom where the audience is placed
Defence table The place in a courtroom where the defendant sits

 

Participants

Plaintiff/claimant A person who brings suit in a court
State A part that is prosecuting
Accused A person charged with a crime, wrongdoing, fault
Defence The denial or pleading of the defendant in answer to the claim or charge that has been made; the proceedings adopted by a defendant, or the defendant's legal agents, for defending against the charges that have been made; a defendant and his or her counsel
Attorney for the defence The chief law agent of the accused in court
Foreman The member of a jury selected to preside over and speak for all the jurors on the panel
A counsel for the defence (UK) a lawyer, esp. a trial lawyer; counsellor-at-law
Lawyer A person whose profession is to represent clients in a court of law or to advise or act for clients in other legal matters
Barrister (in England) a lawyer who is a member of one of the Inns of Court and who has the privilege of pleading in the higher courts
Solicitor (in England and Wales) a member of that branch of the legal profession whose services consist of advising clients, representing them before the lower courts, and preparing cases for barristers to try in the higher courts
Magistrate (UK) a civil officer charged with the administration of the law
Prosecutor Prosecution (n) The public officer in a county, district, or other jurisdiction charged with carrying on the prosecution in criminal proceedings
A counsel for the prosecution (UK) A person instigating prosecution in a criminal proceeding
Prosecuting attorney The public officer in a county, district, or other jurisdiction charged with carrying on the prosecution in criminal proceedings
Judge A public officer authorised to hear and decide cases in a court of law; a magistrate charged with the administration of justice
Jury A group of persons sworn to render a verdict or true answer on a question or questions officially submitted to them
Grand jury A jury, at common law, of 12 to 23 persons, designated to inquire into alleged violations of the law in order to ascertain whether the evidence is sufficient to warrant trial
Witness an individual who, being present, personally sees or perceives a thing; a beholder, spectator, or eyewitness
Probation officer An officer who investigates and reports on the conduct of offenders who are free on probation
Bailiff An officer, similar to a sheriff or a sheriff's deputy, employed to execute writs and processes, make arrests, keep order in the court, etc.
Parole Board The group of people who decides if the person can be released from prison on parole (a promise not to break law)

 

Evidence

Circumstantial Of pertaining to, or derived from circumstances
Indirect Not descending in a direct line of succession
Documentary Pertaining to, consisting of, or derived from documents
Corroborative Confirmed, certain
Cumulative formed by or resulting from accumulation or the addition of successive parts or elements
Oral/written Oral/written data presented to a court or jury as the proofs
Direct Absolute; exact; consisting exactly of the words originally used
Relevant Bearing upon or connected with the matter in hand; pertinent
Material Formed or consisting of matter; physical; corporeal
Incompetent Being unable or legally unqualified to perform specified acts or to be held legally responsible for such acts; inadmissible, as evidence
Admissible Capable or worthy of being admitted
Irrefutable That cannot be refuted or disproved
Presumptive Based on presumption

 

Circumstances

Aggravating More severe; intensify, as anything evil, disorderly, or troublesome
Circumstantial of the nature of a circumstance; secondary; incidental
Extenuating Serving to make (a fault, offence, etc.) seem less serious.

 

Penalties and sentence

Arrest to seize (a person) by legal authority or warrant; take into custody
Bail Property or money given as surety that a person released from custody will return at an appointed time
Verdict (guilty\ not guilty) The finding or answer of a jury given to the court concerning a matter submitted to their judgement
Guilty Having committed an offence, crime, violation, or wrong, esp. Against moral or penal law; justly subject to a certain accusation or penalty; culpable
Innocent Free from legal or specific wrong; guiltless
A jail sentence To impose a sentence To sentence smb. to smth. Confinement in or as if in a prison
A penitentiary term Confinement in prison; pertaining to, or intended for imprisonment, reformatory discipline, or punishment
Life imprisonment A life-time confinement in prison
Probation \parole To shock parole\probation To be eligible for parole     A method of dealing with offenders, esp. young persons guilty of minor crimes or first offences, by allowing them to go at large under supervision of a probation officer; the state of having been conditionally released
Hard labour Hard physical work as a kind of punishment
Manual labour Manual work as a kind of punishment
Death penalty Put to death, to kill; execute as a kind of punishment
Community service A punitive sentence that requires a convicted person to perform unpaid work for the community in lieu of imprisonment
Fine A sum of money imposed as a penalty for an offense or dereliction
Solitary confinement The confinement of a prisoner in a cell or other place in which he or she is completely isolated from others
Capital punishment Punishment by death for a crime; death penalty
Corporal punishment Physical punishment, as flogging, inflicted on the body of one convicted of a crime: formerly included the death penalty, sentencing to a term of years, etc.

 

Documents

Subpoena the usual writ for the summoning of witnesses or the submission of evidence, as records or documents, before a court or other deliberative body
Complaint the first pleading of the plaintiff in a civil action, stating the cause of action.
Summons a call or citation by authority to appear before a court or a judicial officer; the writ by which the call is made
Warrant an instrument, issued by a magistrate, authorising an officer to make an arrest, seize property, make a search, or carry a judgement into execution
Search warrant a court order authorising the examination of a dwelling or other private premises by police officials, as for stolen goods

 

CLASSification of offences

Because not all crimes are equal, punishments vary; the degree of the seriousness of a crime determines its category, which in turn determines the punishment that can be imposed.

Misdemeanours constitute a minor class of offences that are punishable by a fine (imprisonment for up to one year. e.g. disturbing the peace, reckless driving.) Some states further divide misdemeanours into classes (A,B, etc) based on the level of punishment imposed for the offence.

Petty offences are often considered a subset of misdemeanours and are the lowest classification of crimes (parking tickets, violations of building codes.) Depending on the state law, punishment can be a fine, imprisonment in the country jail or both.

A felony is any crime that is punishable by death or imprisonment in a state or federal penitentiary (prisons for felons) for more than one year. Each state and the federal government further classify felonies into various degrees of harm. Virginia, e.g., has six degrees of felony, classified according to the punishment for each class of felony.

Class 1 - death or life imprisonment

Class 2 – life imprisonment or a sentence of more than 20 years

Class 3 – imprisonment between 5 and 20 years

Class 4 – imprisonment between 2 and 10 years

Class 5 – imprisonment for 1 – 10 years or less in the discretion of the court

Class 6 – imprisonment for 1-5 years or less in the discretion of the court

Whether crimes are first-/second-/sixth- degree felonies depends on the circumstances of each case. Factors that raise or lower the degree of felony are given in the statutes.

 

  1. How are offences classified in your country? Are the classifications similar to those used in the USA?
  2. Classify the following offences according to the system used in your country.

a. jaywalking d. murder

b. drunk driving e. disturbing the peace

c. truancy f. theft

3. How do you think these offences are classified in the United States?

 

 

LANGUAGE FOCUS

 

1Put these words and phrases in the correct box:

Arson, sexual assault, vandalism, kidnapping, car theft, embezzlement, burglary, fraud, rape, murder.
Crimes against people Crimes involving things or property
   

The Justice Chart

 

 

 


In most lines of the text, there is either a spelling or pronunciation or grammar mistake. For each line, write the correctly spelled word, or show the correct punctuation, in the space beside the text. Indicate correct lines with a tick.

 

Judge Janice Niemi has a reputation for treating criminals with leniency in beil decisions. This was certainly true in case of Derrick Jones. In May1998, say prosicutors, Jones thratened to kill the mother of his girlfriend. Charged with falony harassment, prosecutors requested $75,000 bail, meaning Jones would have to pay the full amount ,to be released. Jones, a known gang member, had already been convicted in five felonies, three of which were violent offences, including episode when he hit a former girlfriend. He had numerous arrest warrents. Judge Niemi ignored prosecutors and instead set bail to $5000 bond. Jones was freed. Less than a month later police arrested him for unlawfull possession of a firearm after yet another girl accused him at threatening to kill her and her family. In September Jones failed to appear for a trial on gun chardges. Early on the morning of January10, 1999 commited murder of two girls. Police arrested Jones and charged him with the killings. The Seattle Times wrote,“ Niemi’s bad desisions helped cost the sisters their lives.”     1 bail

 

Rating

The sentence for that crime is not determined by me. It is determined by the law of England. Accordingly, in respect of each count, each one of you is now sentenced to imprisonment for life. Let them be taken down.

Here are some examples of crimes, in which the punishment does not fit the crime. Act out as jurors and judges; bring a verdict and impose a sentence on the defendant. Keep in mind that these cases have gone down in the history of crimes as the mistakes of justice. Try to be impartial and fair.

Manslaughter

In 1981 Marianne Bachmeir, from Lubeck, West Germany, was in court watching the trial

of Klaus Grabowski, who had murdered her 7-year-old daughter. Grabowski had a history

of attacking children. During the trial, Frau Bachmeir pulled a Beretta 22 pistol from her

handbag and fired eight bullets, six of which hit Grabowski, killing him. The defence said

she had bought the pistol with the intention of commiting suicide, but when she saw

Grabowski in court she drew the pistol and pulled the trigger..

 

Murder

In 1952 two youth in Mitcham, London decided to rob a dairy. They were Christopher

Craig,aged 16 and Derek William Bentley, 19. During the robbery they were disturbed by

Sydney Miles, a policeman. Craig produced a gun and killed the policeman. At that time

Britain still had the death penalty for certain types of murder, including murder during

a robbery.

 

Assault

In 1976 a drunk walked into a supermarket. When the manager asked him to leave, the

drunk assault him, knocking out a tooth. A policeman who arrived and tried to stop the

fight had hisjaw broken.

 

Shop-lifting

In june 1980 Lady Isabel Barnett, a well-known TV personality was convicted of

stealing a tin of tuna fish and a carton of cream, total value 87p. from a small shop.

The case was given enormous publicity.

 

Fraud

This is an example of a civil case rather than a criminal one. A man had taken out an

insurance policy of ₤ 100,000 on his life. The policy was due to expire at 3 o’clock on

a certain day. The man was in serious financial dificulties, and at 2.30 on the expiry day

he consulted his solicitor. He then went out and called a taxi. He asked the driver to make

a note of the time, 2.50. He then shot himself. Suicide used not to cancel an insurance

policy automatically. (It does nowadays.)

Answers:

Manslaughter

She was found not guilty of murder, but was given six years imprisonment for manslaughter.

West German newspapers reflected the opinion of millionsof germans that she should have

been freed, calling her ‘the ravenging mother’

Murder

Because Craig was under 18, he was sentenced to life imprisonment. Bentley, who had never touched the gun,

was over 18. He was hanged in 1953.The case was quoted by opponents of capital punishment, which was

abolished in 1965.

Assault

The drunk was fined ₤ 10.

Shop-lifting

She was fined₤75 and had to pay ₤200 towards the cost of the case. A few days later

she killed herself.

Fraud

The company refused to pay the man’s wife, and the court supported them.

The court procedure

 

Detention

Police officers can arrest a person if they have good reasons to suspect that the person has committed or is about to commit certain types of crime.

Police officers can also arrest a person if they believe that the person:

· Has not given the correct name or address;

· May cause harm to her/himself/ to someone else;

· May obstruct the highway.

Anyone arrested should be told what offence they have been arrested for. They should be told that they do not have to say anything but what they do say may be used in evidence against them. In nearly every case, people who are arrested have the right to see a solicitor for legal advice before making a statement to the police. Young people who are arrested should not to be questioned by the police unless there is a responsible adult with them.

Interrogation

When someone is arrested, he is taken to the police station for interrogation. Reviews must be made of a person’s detention at regular intervals (6 hours, thereafter every 9 hours) to check whether the criteria for detention are still satisfied. If they are not, the person must be released immediately.

Interviews with suspected offenders at police stations must be tape-recorded. The taping of interviews is regulated by a code of practice approved be Parliament, and the suspect is entitled to a cope of the tape.

A person who thinks that the grounds for detention are unlawful may apply to the High Court in England or Wales for a writ of habeas corpus against the person who detained him/her, requiring that the person before the court to satisfy the detention. Habeas corpus proceedings take precedence over others.

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. They also may decide to issue him/her with a formal caution, which will be recorded and may be taken into account if he/she re-offends.

If charged with an offence, a person may be kept in custody if there is a risk that he/she might fail to appear in court. When someone is detained after charge, he/she must be brought before a magistrate’s court as soon as practicable.

 

 

Awaiting trial

There are limits on the period a defendant may be remanded in custody awaiting trial in England and Wales: 156 days from first appearance to trial (70 days between first appearance to referral to trial in the Crown Court). There are some cases where it is not possible to comply with the time limit and the courts have powers to extend limits.

Most accused people are released on bail pending trial; the law restricts the right to bail for someone charged with murder, manslaughter or rape if previously convicted of the same offence.

In some cases a court may grant bail to a defendant on condition that he/she lives in an approved bail or probation/bail hostel.

 

Trial

After the police formally accuse a person of committing a crime he/she appears before a magistrate – a well-respected member of the public who is empowered to decide with a lawyer’s help, what to do about minor cases. If the magistrate finds him/her guilty, he will sentence him/her to pay a fine, or some other minor punishment. More serious cases are passed up to the Crown Court.

Criminal trials have two parties: the prosecution and the defence. The prosecution must prove beyond reasonable doubt that the defendant committed the crime alleged. The law presumes the innocence of an accused person until guilt has been proven. An accused person has the right to employ a legal adviser and may be granted legal aid from public funds.

Criminal trials are normally in open court. In Crown court trials start with the clerk telling the court to rise as the judge enters. The clerk asks the accused to state his name and address. Then he reads out the charge to the accused and asks him whether he/she pleads guilty or not guilty. If he/she pleads guilty the judge decides wheat sentence he/she should be given. If he pleads not guilty the trial carries on.

The prosecution then presents its case backed up by its witnesses. The prosecution barristers call their first witness. The witness is sworn in by the clerk. (Taking a copy of the New Testament (or other holy book if the witness is not Christian) the witness says: I (name) promise to tell the truth, the whole truth and nothing but the truth. A witness who does not want to take this oath may say: I (name) do solemnly, sincerely and truly declare that the evidence I shall give shall be the truth, the whole truth and nothing but the truth.)

The witness is questioned first by the prosecution barristers and then by those for the defence. When all the prosecution witnesses have been called, the defence barristers bring forward their witnesses and the same procedure takes place.

The defendant can address the court in person or through a lawyer, who cross-examines the prosecution witnesses and presents the defence case.

Once the witness have given their evidence the prosecuting lawyer makes a closing speech, followed by that of the defence lawyer, who has the right to the last speech at the trial.

In Crown Court the judge decides questions of law, sums up the evidence for the jury after prosecution and defence closing speeches.

Verdict

The jury retires to a special room. The jurors are responsible for deciding whether a defendant is “guilty” or “not guilty”, the latter verdict resulting in acquittal. If the jury cannot reach a unanimous verdict, the judge may permit it to bring in a majority verdict provided that, in the normal jury of 12 people, there are not more that two dissenters.

If the jury acquits the defendant, the prosecution has no right of appeal and the defendant cannot be tried again for the same offence. The defendant has a right of appeal to a higher court if found guilty.

Sentencing

If a person is convicted, the judge decides on the most appropriate sentence. Account is taken of the facts of the offence, the circumstances of the offender, any previous convictions and sentences and any statutory limits on sentencing. The defence lawyer may make a speech in mitigation.

Prisons

After being sentences to prison, an offender is taken first to a local prison or remand centre where he/she goes through the reception process. This includes the removal and storage of private property, a medical examination and the allocation of a security category status. This is related to the nature of the

prisoner’s offence and the level of supervision thought necessary. This categorisation will affect the conditions in which the prisoner will be hold.

 

 

1. Match the numbers with the words.

2. Read the following information and put the statements in the right order:

The procedure at a trial is:

 

a. The judge passes sentence or sets the accused free. b. The defending counsel makes a closing speech to the jury saying why they should acquit the accused. c. The prosecuting counsel puts his or her witness(es) in the witness stand and gets them to tell the court what they know. d. The jury make their decision. e. The prosecuting counsel makes a speech saying why the accused is guilty. f. The procedure is reversed: now the defending counsel puts his or her witness(es) in the witness stand. g. The defence counsel makes a speech saying why the accused is innocent, or at least why the prosecution cannot prove the accused’s guilt. h. The prosecuting attorney makes a speech saying why the jury should find the accused guilty. i. The defending counsel tries to find fault with what the witness(es) has said. 1. 2.   3.   4. 5. 6.   7.   8.   9.    

 

CASE STUDY

On April 19,1995 a homemade bomb blew up in the Alfred P. Murrah Federal Building in Oklahoma City. The bomb killed 168 people – building employees and 19 children under the age of five, who were in the day-care center on the building’s second floor. The event shocked the entire country, devastated Oklahoma City, and shattered the lives of the families of those who were killed.

After the exhaustive search, the FBI identified Timothy McVeigh as the man who made the bomb, drove the van carrying the bomb, and set the bomb to explode soon after the building had opened for business for the day. His motive was anger at the government and a distrust of authority.

McVeigh was found guilty of committing the crimes by a jury in Denver in June, 1997. During the sentencing phase of the trial, many family members of those killed were allowed to testify. All were angry and deeply hurt. Many wanted McVeigh to die. But a significant minority thought that he should be allowed to live.

The Court System

 

There are many federal courts in the system which has the Supreme Court as its head. In addition, each state within the United States has established a system of courts, including a state supreme court, to deal with civil, criminal, and appellate proceedings. There are also county and city courts/ Even many of the smallest villages, those in which only a few hundred people live, have a local judge, called a “justice of the peace”, who handles minor legal matters. There are separate military courts for members of the armed forces and other specialised courts to handle matters ranging from tax questions to immigration violations.

In the United States, a person accused of a crime is considered to be innocent until he or she is proven guilty. The constitution requires that any accused person must have every opportunity to demonstrate his or her innocence in a speedy and public trial, and to be judged innocent or guilty on the basis of evidence presented to a group of unbiased citizens, called a jury. A person who has been judged guilty must still be treated justly and fairly, as prescribed the law. A person treated unjustly or cheated by another or by a government official must have a place where he or she can win justice. That place, to an American, is a court.

 

Role of the Constitution

American concern for justice is written into the basic law of the land, The United States Constitution, which establishes the framework for the federal government and guarantees rights, freedom and justice to all.

The Constitution, written in 1787, establishes a government of three branches. One of these is the judicial branch, and the most powerful part of it.

The other two branches of the national government are the legislative, which consists of a Congress of elective representatives of the people, and the executive, headed by the president as chief of state. The people who designed this government and wrote the Constitution distributed power among the three branches so that no one person or group of people in the government could exercise enough power to control the others. the procedure for naming justices to the Supreme Court is one example of how this distribution of powers, called “checks and balances” works.

The chief justice and associate justices are named by the president. This authority represents great power, considering the major effect court decisions have on the legal system and on society in general. The writers of the Constitution tried to make certain, however, that presidents would name only qualified justices and also that they could not remove justices with whose decisions they disagreed. This insures the independence of the judicial branch. For that reason, no one can become a member of the court unless the upper house of Congress – The United states Senate – approves The senate does not approve an appointment until its members are satisfied that the candidate is qualified. Once approved, a justice cannot be removed be either the president or the Congress without very good reason, nor can the salary of the justices be reduced. The chief justice and associate justices, therefor, serve on the court for life and need not – and should not – take into consideration political issues or the opinions of officials in the other branches of government when making legal decisions.

 

What the Court Does

 

The main work of the Supreme Court is to make the final decision in legal cases in which a charge of violation of the Constitution is made. The Constitution gives certain powers to each branch of the federal (national) government. It also gives certain powers to the governments of the states, creating a federal system in which power is divided between national and state authorities. Whenever a charge is made that a person or agency in any part of the federal or a state government has broken law, The Supreme Court may eventually be asked to decide the case. When it does, the decision itself becomes law.

Most cases – and some of the best-known – that come before the Supreme Court involve charges that individual rights or freedoms have been violated. Such cases arise because the Constitution guarantees these rights and freedoms to everyone.

Most of the rights and freedoms that Americans enjoy are guaranteed in 10 short paragraphs amended (added) to the United States Constitution in 1791. These first 10 amendments make up “the Bill of Rights.” They guarantee freedom of speech, freedom of religion, freedom of the press and freedom to assemble in public to ask the government to consider grievances. Among the other guarantees are the right in criminal cases to be judged on a public trial by an impartial jury, to be represented by a lawyer at one’s trial and freedom from cruel or unusual punishment. Because of the Bill of Rights, police cannot stop and search or arrest a person without good reason, nor can they search anyone’s home without clear cause and the permission of a court.

Elsewhere, the Constitution recognises other rights. A very important one is the right to “due process.” That means that no one can be deprived of life, liberty or property unless all proper legal procedures have been followed. Police, government officials and agencies and judges must be very careful not to omit or shorten these prescribed legal procedures in any case. No one person, group of persons or institution can be deprived of even the most minor legal right be the enactment of a law, by official action, by arrest, or in the course of a trial.

The importance to Americans of the Constitution, the law and the principles of equal justice is best understood through discussion of some cases that the Supreme Court has decided. While this discussion does not cover all the types of cases that come before the court, it shows the variety of decisions the court makes.

 

Winners and Losers

Not everyone whose case goes before the Supreme Court is a winner. losers have included prisoners who claimed they were treated unjustly because they were looked up two to a cell built for one. The Supreme court did not think this “overcrowding” was “cruel and unusual punishment,” which the Constitution prohibits.

Another loser has a man who was arrested for calling a policeman a “fascist” and using other abusive language loudly in public. The Supreme Court ruled that freedom of speech does not give people the right to use words that unjustly harm the reputation of another person.

It should also be noted that not all Americans are satisfied with all Supreme Court decisions. Many Americans believe that the court too often “takes the side of the criminals” in declaring proceedings invalid because an accused person’s rights have been violated. Others argue, however, that protecting the innocent is the real intent of these rulings, and that it is better to have a few criminals go free than to have one innocent person be jailed.

Not all cases are settled in the Supreme Court. Only a small percentage with the attention of the chief justice and the associate justices. Many cases sent to the Supreme Court are studied by the justices and then sent back to the court or person from which they came.

 

Level 1 Trial Court Level 2 Appellate Level 3 Court of last resort
State system: e.g. Circuit court of Shelby Country, Tennessee e.g. Court of Appeals of Tennessee e.g. Supreme Court of Tennessee
Federal system: District Court U.S. Court of Appeals U.S. Supreme Court

 

State Courts

Each of the 50 states and several territories has its own system so the court above and the explanations below are very generalized overviews.

Level 1: Trial Court

· also referred to as the court of general jurisdiction, the court of record, or the court of original jurisdiction;

· Plaintiff versus defendant: Johnson Vs Pletnikoff;

· Issues of fact: What happened? Jury is presented with evidence and renders verdict;

· Issues of law: was the defendant’s action legal or illegal;

· Judge presides over case, instructs jury on law, enters judgment;

· The losing party has appeal as a matter of right to the level;

 

Level 2: Appellate Court

· Intermediate appellate jurisdiction;

· Appellant versus appellee or petitioner Vs respondent, loosing party Vs winning party in the previous trial or sometimes appellee Vs appellant depending on the trial court designation;

· Only issues of law may be considered by the appellate court

a) prejudicial error – remand for new trial: start over

b) reverse trial decision – judgement for appellant: looser in Level 1 becomes winner.

c) affirm trial court decision – judgement for appellee winner in Level 1 becomes winner.

· An appeal from this level is normally at the discretion of the next higher court.

 

Level 3: State Supreme Court

· Appellate jurisdiction or the court of last resort;

· Appellate and appellee (petitioner and respondent);

· Unless there is a conflict with the U.S. Constitution or federal law, no appeal is possible;

· The State Supreme Courts are the final arbiters of state law;

 

Federal Courts

The Federal Courts are divided into 11 geographical circuits, plus a circuit for Washington, D.C. and a federal circuit, 28 U.S.C. §41 gives the jurisdictions 11 p 41.

 

THE COURT SYSTEM IN UKRAINE

  1. You are going to read a passage about the judiciary system in Ukraine.
    1. The following words and phrases appear in the passage. How do you think they will be related to the theme of the passage?

o Constitution

o Presumption of innocence

o Assessors

o Dispute

o Instance

    1. What types of courts do you know in Ukraine? Scan the passage to see if you are right.

 

The judicial power turns out to be an independent way of fulfillment the legal power in the form of justice.

Legal procedure in Ukraine is carried out by the Constitutional court and by the all courts of common jurisdiction. Ukrainian people indirectly participate in realizing of the justice through the assessors and the jurymen. Court decisions are given by the courts on behalf of Ukraine and are necessary to be fulfiled through the whole territory of the state.

The highest judicial organ in the system of common courts is the Supreme (Verkchovniy) Court of Ukraine. The highest judicial organs of the specialized courts are the appropriate highest courts of Ukraine. The judiciary system presupposes the existence of both Common Courts (bringing in verdicts on the disputes between citizens and between citizens and juridical persons) and Arbitration Courts (hearing household and business cases between the juridical persons).

The basic principles of administering the law are:

Ø Lawfulness

Ø Equality of all the participants before the court and the law

Ø Presumption of innocence

Ø The right of the accused to defence

Ø The right to appeals

Ø The obligation of court’s decision

The Court System in Ukraine is based upon the Statute (law) of Ukraine on judicial system dating back from 5th of June 1981 with some changes and additions from 17th of June 1992, 24th of February 1994.

According to the statute the Courts of Ukraine are:

The Supreme Court of Ukraine (the court of the third level) The Supreme Court of the Crimea, regional, Kyiv and Sevastopol city Courts, Military Courts of West, Central, South regions (courts of the second level)

THE BRITISH POLICE

The British police officer – sometimes called the “bobby” after Sir Robert Peel, the founder of the police force – is a well – known figure to anyone has visited Britain or who has seen British films. Policemen – and women – are to be seen in towns and cities keeping law and order, either walking in the streets (“pounding the beat”) or driving in cars (known as “panda cars” because of their distinctive markings). 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. The British police generally do not carry firearms, except in Northern Ireland. Only a few police are regularly armed – for instance, those who guard politicians and diplomats or 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 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.

 

 

JUVENILE CRIME

A.

1. What does the term ‘ Juvenile Crime’ denote ?

 

Juvenile Crime, in law, term denoting various offences committed by children or youth under the age of 18. Such acts are sometimes referred to as juvenile delinquency. Children offences typically include delinquent acts, which would be considered crimes if committed by adults, and status offences, which are less serious misbehavior such as truancy and parental disobedience. Both are within the jurisdiction of the juvenile court; more serious offences committed by minors may be tried in criminal court and be subject to prison sentences.

Under Anglo-American law, a crime is an illegal act committed by a person who has criminal intent. A long-standing presumption held that, although a person of almost any age can commit a criminal act, children under 14 years old were unlikely to have criminal intent. Many juvenile courts have now discarded this so called infancy defense and have found that delinquent acts can be committed of children of any age.

 

THE MOCK TRIALS

A mock trial provides:

  • Language practice
  • Practical application of theoretical introduction to the British and American legal system
  • Research and drafting skills
  • Student motivation

 

Role-play 1

I. The Inquiry Into The Case

LADY WYATT ACCUSED OF SHOP-LIFTING

 

On Wednesday morning I went to Hall Department Store to do some shopping and to meet a friend for lunch. In the Ladies’ Fashion Department I bought a belt and a bag and paid for them. As I was waiting for the lift to go up to the Rooftop Coffee Lounge, I saw a silk scarf that I liked. I tried it on and decided to buy it. I looked around for an assistant to pay but couldn’t see anybody. The lift came and as I was late for my appointment, I put the scarf with my other purchases, intending to pay for it later on my way out. Unfortunately, I forgot to pay and was stopped at the door by the store detective who asked me to go to the manager’s office where I was accused of having stolen the scarf. It’s quite ridiculous. I simply forgot to pay. I was on duty on the second floor when I observed Lady Wyatt trying on a scarf. She looked at herself in the mirror, looked round several times and then put the scarf in her bag. She then went up in the lift to the top floor café where she met a man. I kept up my observation and when they left together, I followed them to the door. She had made no attempt to pay so I stopped her and asked her to accompany me to the manager’s office. She became abusive and refused to go with me until a policeman arrived on the scene.

 

I.1 The duty of a police officer is to check through witnesses’ statements. Make up dialogues, mocking the examination. Use suggested information.

Witness 1 David Milton

(An old friend, an accountant for 15 years, to have lunch at 12 o’clock, to discuss family business, to be astonished, to be a very wealthy woman)

Witness 2 The store manager

(Not to know smb. as a regular customer, to work for two weeks, to lose hundreds of pounds worth

of goods every week, to appoint a store detective, to have confidence in, not only the poor

members of the community resort to shop-lifting)

 

Witness3 The doctor

(To prescribe pills, to suffer from regular bouts of depression, a side-effect could cause erratic or

unusual behaviour)

 

Witness 4 The shop assistant

(To work for seven years, to know as a regular customer, to buy a bag, belt, to pay a cheque, to

behave normally, to be on duty, not to leave the department)

 

 

II. Preparations For The Trial

2.1 Distribute the parts. You will need…

A judge: to take charge of the court. This is your first court you have organized; it will probably be easier if your teacher acts as the main judge.

A clerk to the court: to call the witnesses, and help them to take the oath before giving evidence.

 

The barrister for the prosecution:to present the case for Hall’s Department Store to the court and to question the witnesses.

Mr. Barras: the manager of Hall’s Department Store is the “plaintiff”.

Ms. Keenly:the shop assistant.

Other witnesses for the prosecution.

 

 

                   
   
   
 
 
 
   
 
 
   
The Jury

 

 


The barrister for the defence: to present Lady Wyatt’s caseto the court and to question the witnesses.

Lady Wyatt:who is accused of shop-lifting. She is known in law as the “defendant”.

David Wilton:an old friend of Lady Wyatt.

Mr. Holier:A doctor of Lady Wyatt.

Other witnesses for the defence.

 

2.2 Split into two groups: prosecution and defence. Discuss the common tactics, set of evidence and circumstances, which will serve you to win the case and destroy the case of your opponent.

 

Instructions for barristers: your job is to make sure that the jurors hear all the evidence that helps the case of your client.

· Read each witness statement and decide on the points that will do most to help your client win the case;

· Make a note of the questions you want to ask each witness;

· These questions should be asked in a way that allows each witness to give her or his evidence to the court;

Arrange the following questions, according to their belonging either to the words of the counsel for the prosecution or to the words of the counsel for the defense. Put the questions in the proper order.

1) How wealthy is she?

2) What did she say she had intended to do?

3) Why didn’t she spend more time looking for an assistant?

4) Does she need to work?

5) Why hadn’t she done it?

6) Is she usually punctual?

7) Is she a regular customer?

8) What would she have done if she hadn’t caught?

9) How long had she been taking pills?

10) Had she ever stolen anything?

11) How much does she spend a year?

12) Had she ever suffered from loss of memory?

The counsel for the prosecution The counsel for the defence
1. 2. 1. 2.

 

· (For prosecution) Write a short speech (saying why the accused is guilty), which you will give to the court at the beginning of the case.

· (For defence) Write a short speech (saying why the accused is innocent), which you will give to the court at the beginning of the case.

The Introduction

Reveal the topic

Preview the body of the speech

You will agree with me that

As we all know

First of all

First, second

To emphasize:

In fact

Indeed

Clearly

Above all

First and foremost

Primarily

Moreover

 

· Write a very short speech, to last about two minutes, which you will give to the court at the end of the case, summing up the main points that you have tried to make.

The Conclusion

Signal the end of the speech

Reinforce the central idea

All in all

In conclusion

In summary

One last point

There can be no doubt

The evidence suggests that

It is clear that

Taking everything into account

All things considered

Therefore I feel that

Appealing phrases:

How would you feel if you

Think what it would be

Imagine not being able to

Picture yourself frustrated and…

You are seeing

Many of you may think

 

III. Trial.

The day of the trial has come. Mind the structure of court procedure (----) and perform the trial.

 

Instructions for barristers:

· Keep your questions clear;

· Do not ask questions which can only be answered yes or no – the witnesses must say what happened for themselves;

· Listen to the answers given by the witnesses;

· Try to think of extra questions to put to the other side to throw doubt on what they are saying;

· When the witnesses have been questioned, the judge will ask you to sum up your case;

· This is the last opportunity you will have to convince the jurors that your client is in the right. Be prepared to alter your speech to use any new evidence that you have learnt during the case.

Role-play 2

 

PART I

 

I. The scene of the crime.

Murder on the Riviera

The luxury motor yacht Rosebud belongs to the American movie producer Hir

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