Text 4. Phases and Nature of Investigation

I. Read and translate the text.

The 3 phases of investigation are:

(1) identifying the criminal

(2) tracing and locating the criminal

(3) proving the criminal's guilt

Identifying the Criminal

The criminal may be identified through confession, the testimony of a witness or conclusive evidence.

Very often, in order to locate a criminal, it is enough to identify him. In many cases, however, it is necessary to trace a fugitive who is hiding.

Tracing and Locating the criminal

The second phase of investigation is finding missing or wanted persons. The search for a person is sometimes a simple matter of a few telephone calls or a visit to a house. At other times, however, the hunt can become a lengthy process which requires a great deal of tracing, such as a search of records and an application of various sources of information. Unofficial sources of information, such as confidential informants, are often used by investigating officers.

Proving the Criminal's Guilt

It is the most difficult phase of investigation. At this phase, it is necessary to gather the facts that can prove the guilt of the accused. The investigator should establish the fact of the existence of the crime, identify the defendant, find the necessary witnesses, provide physical evidence and present the case convincingly.

Finally, the case is tried in court. It is wrong to believe that every crime is soluble, and that the criminal always leaves traces at the crime scene. It is also hard to say if the investigation is a success or not. In general, it is easier to identify and locate the criminal than to obtain evidence to support the charge in court.

Vocabulary

to trace a criminal confession to try a case in court testimony of a witness to prove the guilt the accused a missing person a wanted person tracing a charge confidential informants

выслеживать преступника признание рассматривать дело в суде свидетельские показания доказать вину обвиняемый без вести пропавший разыскиваемый полицией для ареста выслеживание преступника обвинение тайные осведомители

II. Answer the following questions.

1. What are the 3 phases of investigation?

2. How can a criminal be identified?

3. What is the second phase of investigation?

4. Is locating the criminal always an easy matter?

5. What unofficial sources of information are often used by investigating
officers?

6. What is the most difficult phase of investigation?

7. What are the tasks of the investigator at this stage?

8. Where is the case tried after the investigation is completed?

9. Is every crime soluble?

10. Are there any criteria of success?

11. Is obtaining evidence as easy as identifying and locating the criminal?

III. Match the following.

1. witness 2. conclusive evidence 3. a search 4. investigator 5. to obtain evidence 6. phase 7. investigation 8. convincingly 9. to leave traces 10. the charge 11. records 12. the defendant

a) обвинение b) убедительно c) оставлять следы d) расследование e) следователь f) неопровержимые доказательства g) поиск h) обвиняемый i) письменный след j) свидетель k) собрать доказательства l) этап

Part II

Lesson 1. History of Law

Text 1. A letter from Steve

I. Read the letter and do the task following it.

Hello, Alex,

Thanks for your last letter. I hope you received the texts about physical evidence, fingerprints, and the nature of investigation. It seems as if a lot of time has passed since the summer examination period was over. Yet, it was only a month and a half ago!

Well, my holidays were a combination of work and rest. I lived with an Italian family in Naples and my duty was to teach 2 school-age children conversational English. At the same time, I was learning spoken Italian from them.

We spent a lot of time together, swimming in the sea, sunbathing, playing with a ball and moving a lot. We also went to museums, to the Zoo, watched cartoons, sang children’s songs and read easy-reading stories. By the end, my pupils’ knowledge of English had greatly improved, and so also my Italian speaking skills. There were no problems with behaviour, the children were lovable and the parents were nice to deal with.

Now I am in my second year at the University, and I want to improve my knowledge of Russian, so let’s communicate in Russian, too, if you have nothing against it, of course.

I know that you are studying the history of law this term and that you need some material on the most important facts and events. I am sending you some short texts which I borrowed from my previous year’s notes and manuals.

I hope you had a good time, too.

All the best,

Steve.

II. Find in the text of the letter equivalents to the following.

1. кажется, что

2. всё же

3. разговорный английский язык

4. загорать

5. смотреть мультфильмы

6. к концу

7. разговорные навыки

8. учебное пособие

9. быть приятным в общении

10. учиться на втором курсе

Text 2. The Need for Law

I. Read and translate the text.

People need laws, because they can't live according to the law of the jungle. Without laws, criminals could terrorise the whole society by robbing and murdering innocent people.

So, laws protect people from robbers and murderers. They also help the citizens to solve their conflicts without violence.

People regulate the life of society by laws. But laws are not perfect. So, legislators in all countries are making new and better laws, which, nevertheless, get imperfect with the time. But imperfect laws are better than no laws at all.

Vocabulary

the law of the jungle robber murderer violence perfect legislator

законы джунглей грабитель убийца насилие совершенный законодатель

 

II. Answer the following questions.

1. Why is society in need of law?

2. What could happen to people if there were no laws?

3. How do laws help people to regulate their life?

4. Can laws be perfect all the time?

5. Who are new laws made by?

 

Text 2. Solon

I. Read and translate the text.

Solon was an outstanding Greek statesman and lawgiver. He revised Draco's severe code of laws and drew a more humane code. In Draco's code nearly all crimes were punished by death, no matter how serious they were. In Solon's code, only murder was punished by death.

Solon's code of laws helped his countrymen to solve their social, economic and political problems. It prevented a revolution and dictatorship in Athens. Solon believed in law and reform, and not in revolution, which he considered to be very dangerous for society.

Vocabulary

statesman lawgiver Draco   code

государственный деятель законодатель Драконт, афинский государственный деятель (7 в. до н. э.) кодекс

II. Answer the following questions.

1. What was Solon and what country did he live in?

2. Which of his doings brought him fame?

3. How did Solon’s code differ from Draco’s one?

4. In what way was Solon’s code useful for his countrymen?

5. What did Solon believe in?

Text 3. The Magna Carta

I. Read the text and do the tasks following it.

The Magna Carta is an important document that played a great role in the life of British society. It was signed by King John in 1215. The King had to sign the Magna Carta in order to prevent a civil war.

The Magna Carta limited the power of the monarch. Under the Magna Carta, the King could not punish his citizens without a fair trial. It also protected people from unjust imprisonment and loss of property. Besides, the King had to agree that certain taxes could not be levied without popular consent.

The Magna Carta originally was meant to protect one class, the aristocracy, but with the time, it became the basis of British democracy. It is one of the oldest written constitutional papers.

Vocabulary

The Magna Carta King John a fair trial to levy taxes consent

Великая Хартия Вольностей король Иоанн справедливый суд взимать налоги согласие

II. Answer the following questions.

1. When and who was the Magna Carta signed by?

2. What made the King sign the document?

3. How did the Magna Carta limit the power of the monarch?

4. Whose interests did the Magna Carta protect?

5. What is the role of the Magna Carta in the life of British society?

Text 4. Habeas Corpus

I. Read and translate the text.

Habeas Corpus is a document protecting people from unlawful arrests and imprisonment. Under Habeas Corpus, nobody can be arrested without a warrant and put into prison without trial.

Habeas Corpus became a law in 1679 after the incident with Alice Robinson. She was arrested and put into prison for violent behaviour and swearing. In prison, she was treated cruelly in spite of the fact that she was pregnant. The public protested against such treatment of the offender. So, it led to the passing of the Habeas Corpus Act in Parliament in 1679.

Habeas Corpus guarantees the right of the offender to be tried as soon as he or she is arrested.

Vocabulary

Habeas Corpus imprisonment swearing treatment warrant to pass an act

Хабеас Корпус тюремное заключение ругань обращение (с к.-либо) ордер (на арест) принять закон

II. Answer the following questions.

1. What kind of document is Habeas Corpus?

2. After what incident did Habeas Corpus become a law?

3. What was the public’s reaction to the incident?

4. Under Habeas Corpus, can a person be held in prison for a long time before trial?

Text 5. The Bill of Rights

I. Read and translate the text.

The Bill of Rights is one of the most important constitutional papers of Great Britain. It greatly increased the role of Parliament and prevented the King from abusing his power. Under the Bill of Rights, the monarch could not levy taxes without the consent of Parliament. It made the King observe the laws that were adopted by the British Parliament.

The Bill of Rights proclaimed the right to the jury. It also outlawed cruel punishments.

The Bill of Rights is a constitutional paper of great importance. It contained a number of ideas concerning law and state which were later reflected in the American Declaration of Independence, the American Constitution and the American Bill of Rights. So, all these American documents were influenced by the ideas of the Bill of Rights which was adopted in Britain in 1689.

Vocabulary

the Bill of Rights to increase to abuse to observe to adopt jury to outlaw Declaration of Independence

Билль о правах усилить злоупотреблять соблюдать принимать суд присяжных объявить вне закона Декларация независимости

II. Answer the following questions.

1. What important role did the Bill of Rights play?

2. How exactly were the powers of the monarch limited by Parliament?

3. What American documents of great importance were influenced by the Bill of Rights?

Text 6. Napoleon's Code

I. Read and translate the text.

Napoleon, the emperor of France, was the first to refine and reorganize the diverse legal systems of his country. As a result, the Code adopted in 1804 was called Napoleon's Code.

Napoleon was not a lawyer, but his code was a success. In Napoleon's Code, all citizens were treated as equals. Besides, the code was written in a clear language. Formerly, all laws were written in Latin, and only lawyers could understand them. As for Napoleon's Code, it could be easily read and understood not only by scholars, but by ordinary people, too.

Napoleon's Code had a great influence on European legal systems. Many principles of his code are still in force today.

Vocabulary

legal system equal scholar to be in force

судебная система равный учёный быть действительным

II. Answer the following questions.

1. Why was the Code adopted in 1804 called Napoleon’s Code?

2. Did Napoleon have a legal education or was he self-taught?

3. What were the advantages of Napoleon’s Code?

4. What is the impact of Napoleon’s Code on other legal systems?