Lesson 4. The Rights of an Accused Person. Trial

Text 1. The Exclusionary Rule

I. Read and translate the text.

If a police officer wants to search a person or place, he must have a search warrant.

The warrant is given by a judge or magistrate. The police officer must prove that a search is necessary. If he breaks warrant rules, his evidence may be excluded from trial. This is called the exclusionary rule. The aim of the exclusionary rule is to protect the suspect from unreasonable searches.

II. Questions to be answered.

1. What document is needed to search a person or place?

2. Who is the warrant given by?

3. What is the essence of the exclusionary rule?

4. Whose interests does the exclusionary rule protect?

Text 2. The Right against Self-Incrimination

I. Read and translate the text.

The US Constitution provides for the right against self-incrimination. Under this right, it is not obligatory for a person to give evidence or make a confession. The investigator has no right to make the defendant witness against himself or members of his family. The defendant may be silent, and his silence should not be considered as a proof of his guilt. So, there is no cause for investigators to use force.

This right protects the interests of the defendant. But if the defendant abuses the right, he may be fined or sent to jail.

II. Questions to be answered.

1. What is the essence of the right against self-incrimination?

2. Does the accused have to give evidence or make a confession under the right against self-incrimination?

3. What does the right against self-incrimination guarantee?

4. Whose interests does the right against self-incrimination protect?

5. What may happen to the defendant if he abuses the right?

Text 3. A Plea Bargain

I. Read and translate the text.

The defendant has the right to due process of law. That means that he has the right to a lawyer, to a jury, the right against self-incrimination, and others. He has the right to a plea bargain, too.

The essence of a plea bargain is as follows.

If the defendant admits his guilt before trial, his charges may be reduced. Or he may plead guilty to a crime he hasn't committed, for example, he may plead guilty to breaking a window and thus be punished for hooliganism, not burglary. In this way, the defendant avoids costly trials and receives a less serious punishment.

The majority of criminal cases are resolved with a plea bargain. In this way, prosecutors encourage people to accept responsibility for their actions, and not stubbornly deny their guilt all the time in spite of the evidence proving their guilt.

II. Questions to be answered.

1. What does the right to due process of law include?

2. What is the essence of a plea bargain?

3. What are the advantages of a plea bargain?

4. Is a plea bargain often used in criminal investigation?

5. What is the aim of a plea bargain?

Text 4. Detention

I. Read and translate the text.

An arrested person is taken to a police station. Detention without trial is limited to 24 hours. An arrested person is considered innocent until his guilt is proved. The rights of an arrested person are protected by the law. Arrested people are held in special places of detention. They have the right to contacts with the outside world.

They should be provided with food, water, medical services and other necessities. Police officers have no right to use force against them.

II. Questions to be answered.

1. Where is an arrested person taken to?

2. How long is detention without trial?

3. Is an arrested person considered guilty or innocent until his guilt is proved?

4. What are the rights of an arrested person?

Text 5. Lineup

I. Read and translate the text.

A lineup is a special technique helping a witness to identify a suspect. In a lineup, the suspect appears before the witness with 4 or 5 other persons looking like the criminal.

In a voice lineup, the witness listens to a number of different voices. The witness may also be offered some photographs to identify a suspect. Police should not force the suspect to participate in a lineup.

II. Questions to be answered.

1. What is the purpose of a lineup?

2. What does the procedure of a lineup look like?

3. What other kinds of lineup can be used in the identification of a suspect?

4. Can a suspect be made to participate in a lineup?