D. assault and batter witness

7. Nicolas, the prosecuting attorney puts Olivier in the witness stand and asks Olivier to recount what Elisa told him about what she had seen Myriam do on the night of the murder. Alan the defense lawyer should cry out: "Objection ____________________."

 

A. Irrelevant!

B. Pure Conjecture!

C. Malarkey!

D. Hearsay!

8. At the beginning of the proceedings the judge always says to defense:

7 Would you like to cut a deal?

8 How do you plead?

9 Is there anything that you would like to say before we begin?

10 This judge will accept bribes if they are sufficiently large enough.

9. To control a courtroom and a trial the judge can threaten someone with Contempt of Court.
Which of these punishments is no longer applicable to Contempt of Court?

A. Fines

B. Imprisonment

C. Debarment (for lawyers only)

D. Exile

10. A defendant awaiting trial can sometimes put up money or other security and be allowed to leave the jail while awaiting trial. This is called being out on:

A. Parole

B. Probation

C. Bail

D. Verdict Deferred

 

XVIII.Fill in the blanks

1.If you lie under oath it is called committing.

2.The leader of the jury is called.

3.The defense attorney refers to the accused as his or her.

4.The jury is normally addressed as.

5.Before the conclusion of a trial the suspect is always presumed.

6.If you don't want to incriminate yourself and you are on the witness stand then you can.

 

MINI TEXTS FOR TRANSLATION

1 ) Ромарио попал за решетку

Бразильского футболиста Ромарио задержала полиция: первая супруга спортсмена заявила, что Ромарио, отец двоих ее детей, не заплатил 26 тысяч долларов алиментов. Почти сутки Ромарио просидел за решеткой, где компанию ему составили уголовники. Кроме того, известному футболисту пришлось спать на полу и есть тюремную пищу. На свободу Ромарио вышел, когда оплатил счет. (Труд, 17июля 2009)

 

2) Вчера судмедэксперты выдали родственникам тело Натальи Эстемировой, самой известной правозащитницы, занимавшейся расследованием преступлений на Северном Кавказе. Н. Эстемирова была похищена в Грозном, а затем убита в Ингушетии. Сразу же после убийства возбуждены уголовные дела по статьям «Похищение человека» и «Убийство». К расследованию этого дела подключились лучшие следователи прокуратуры и оперативники МВД.

 

3 ) Высокопоставленную сотрудницу Агенства по страхованию вкладов Екатерину Мерзлякову подозревают в вымогательстве крупной взятки. Мерзлякова и ее сообщник, член совета директоров, обещали вернуть одному из вкладчиков замороженные в лопнувшем банке 224 тыс. евро. Задержанных преступников шесть суток продержали в СИЗО, а затем отпустили под подписку о невыезде. Следователи опасаются, что высокопоставленные покровители Мерзляковой попытаются прикрыть дело.

 

4) В европейских странах смертная казнь или отменена или не применяется. Европейцы считают: нет такого права, чтобы одни люди лишали жизни других, применение смертной казни сводит общество до уровня преступников. Считается, что это и есть подлинный гуманизм. Безусловно, надо проявлять гуманность даже в отношении преступников. Но мы в первую очередь должны думать о жертвах преступлений, об их родственниках и близких потерпевших, о справедливом возмездии убийцам и о потенциальных жертвах. Существующий в России мораторий на смертную казнь открывает дополнительные возможности совершения убийств. Так, уже никакое наказание не может устрашить отбывающего наказание в виде лишения свободы, если он решил убить другого осужденного или представителя тюремной администрации.

 

1) The legal system for England and Wales does not have a criminal or civil code, but is founded upon two basic elements: Acts of Parliament or statute law, and common law which is the outcome of past decisions and practices based upon custom and reason. Common law has slowly built up since Anglo-Saxon times, while Parliament has been enacting statutes since the thirteenth century. Almost all criminal law is now set out in Acts of Parliament, while the greater part of civil law still depends on common law, the weight and guidance of previous similar decisions.

 

2) Young Offenders

The age of criminal responsibility in Britain is 10 (except in Scotland where it is 8). Chidren between the ages of 10 and 17 usually appear before a juvenile Court, where it is decided whether the child should continue to live within the family, subject to supervision, or whether they should be taken into local authority care (with foster parents or in a community home). Britain has a serious problem with young offenders, who commit seven million crimes a year. Very few young offenders are caught. The peak age for committing crime is 15. One in four criminal offences is committed by teenagers under 16. By that age crime is already a lifestyle for many.

 

3) In an age of increasing popupar violence and disrespect for law and order, the greater challenge for the police is to recapture the respect of the public. Frustrating as this may be for the police, the challenge is to show greater restraint rather than aggression under provocation. It is also to shift the emphasis back from the more exciting image of armed law enforcement to a softer image of policing in the form of the friendly but firm neighbourhood bobby. In the lo9nger run, the way the public feel about the police is of fundermrntal importance to police ability to control crime and maintain public order. Unfourtunately, neighbourhood policing has far lower status than crime control.

 

YOUR VERDICT

1.Joe, a 15-year-old, broke into his neighbour's house, burgled the house, locked the eighty-year-old woman in her bathroom and escaped in her car. At the trial, the defence pleaded not guilty to the charges with the reason of temporary insanity caused by Joe watching too much television. He watched more than six hours a day, loved crime programmes and had just watched a film which contained scenes similar to the crime he had committed. Was Joe GUILTY or NOT GUILTY of burglary and false imprisonment?

2. Маx went to a second-hand car dealer named Harry and told him that he only wanted a car that had air conditioning. Harry said OK and pointed out a car. Max took the car for a test drive and then bought it without checking to see if it had air conditioning. When he got the car home, he discovered that the knob marked 'air' was for ventilation only. Max sued Harry for fraud and demanded compensation. Was Harry GUILTY or NOT GUILTY of fraud?

3. James had been unemployed for over two years and needed a new suit to wear at job interviews. However, he did not have enough money. He happened to have the same name as the richest man in town, so he went to a tailor's and put a new suit on the other man's account, simply by signing his own name. He was charged with forgery, but he argued that he had not forged anyone's signature by signing his own name. Was James GUILTY or NOT GUILTY of forgery?

4. Police began searching a suspected thief's home but couldn't find any of the stolen goods they were looking for. During the search, a police officer secretly took aside the thief's five-year-old son and said he would pay him five dollars if he showed him where the stolen goods were hidden. The boy accepted the money and took the police to the hiding place. When the police charged the boy's mother with burglary, she stated that the stolen goods should not be used as evidence and accused the policeman of bribing her child. Were the police GUILTY or NOT GUILTY of bribery?

5. The manager of a shop was informed by a customer that a woman had taken something off a shelf and put it in her bag without paving for it. When he investigated, the manager saw articles similar to those on sale in the shop in the woman's clear plastic bag. At the cash-desk, the manager accused her of shoplifting. However, when the woman emptied her bag and the manager saw that she possessed no stolen items, he apologised. She pressed charges against him for slander. Was the shop manager GUILTY or NOT GUILTY of slander?

6. Sally reversed her car out of her drive and accidentally ran over her flat-mate's dog which was sleeping in thе car's path. The dog was badly injured and had to be treated by a yet. Sally's flat-mate Jane sued her for $1000 in damages to compensate for the vet's fee. Jane argued that Sally had driven without due care and attention because she knew that the dog would often sleep on the drive and could not hear the car because he was deaf. Should Sally be ordered to pay compensation?

7.In New York in the 1970s, a young woman whose surname was Cooperman went to court to have her name changed to Cooperperson. She was an active member of the Women's Rights Movement and because of this she wanted to have a name which reflected human equality. Should Ms Cooperman be allowed to change her name?

8. Diana consulted a plastic surgeon who told her that he could make her nose smaller and 'more harmonious with her other features'. After three operations, it looked much worse than before. Diana sued the surgeon. Should the surgeon be ordered to pay compensation?

9. A male teacher who wore a small earring to work was sacked from his job. He claimed that he had been sacked because the school administration thought it was inappropriate for л male teacher to wear an earring and he accused the school of sexual discrimination. Was the school GUILTY or NOT GUILTY of sexual discrimination?

10. During local government elections, a newspaper printed profiles of all the party candidates, but the profile of the Green Party candidate was completely unintelligible. Margaret, a member the Green Party, thought that the newspaper had done it on purpose and so she wrote an angry letter to the editor. In order to make sure it was printed, she paid for it to be published as an advertisement. The newspaper printed it and then sued Margaret for libel. Was Margaret GUILTY or NOT GUILTY of libel?

ENACT A MOCK TRIAL

SPEAK OUT:

Capital punishment: pros and cons

Juvenile delinquency: should adolescents be tried as adults?

What is a crime against humanity?

Comment on the saying “Do the crime, serve the time”

Crime situation in your region

 

 

UNIT 3

MUSIC

DISCUSSION

- Is music as mere an art and as sure a refuge as litrerature and painting? What power has it got?

- Prove that music has become an essential part of the daily spiritual life of people. Can music be labour stimulator?

- What do you know about musical knowledge amd musical education among people?

- Is opera and ballet popular with our technology obsessed audience?

- Can serious and popular music substitute one another? Can there be a sort of “peaceful coexistance“ between these two genres of music?

- What music are you facinated by? What recent trends appeal to you? Give your reasons. What influences your musical taste?

- The professional musician`s lot is a difficult one, isn`t it? What major problems do they face at present? Do they always have a sufficient degree of financial security?

- What British composers make a list of most talented ones?

 

VOCABULARY

Music makers:

conductor

composer

symphonic orchestra

orchestra of folk instruments

string band (orchestra)

brass band

jazz band

variety orchestra

choir

group

Musicians:

pianist

violinist

cellist

harpist

clarinetist

flutist

organist

banjo player

concertina player

balalaika player

tambourine player

mandolin player

accordion player

guitarist

accompanist

amateur

virtuoso

to have the making of the musician

Singers:

soloist

operatic singer

coloratura soprano

mezzo-soprano

soprano

contralto

baritone

tenor

bass

timbre

range

stage presence

Musical events:

concert

recital

festival

jam session

competition

to win the (first, second etc.) prize

the first (second, third) round

the finals

finalist

jury

to adjudicate the prizes

under the chairmanship of

Voice:

breathtaking

captivating

chest voice

fresh

flexible

penetrating

shrill

untutored

well-trained

to be in fine voice

to project one`s voice

Discussing a concert:

ear-splitting music

highbrow music

unplugged music

to make one's debut

to perform at a concert

to present, to give a recital

to captivate the audience

to win admiration

to play (to sing, to dance) an encore

to applaud

to demand for encores

to give an encore

to give a grand (stormy, standing) ovation

to get an ovation

to be on the programme

the best item on the programme

technique

musicianship

beauty of tone and phrasing

to communicate music... to the hearers through a masterly technique

to give living shape and vitality to every phrase

to show control from pianissimo to fortissimo

perfect control of the purity of high notes

noble restraint

clarity of style

volume of sound

to be loaded with meaning

to acclaim/to give acclamation

to play with supreme confidence

truly creative pianist

conductor of outstanding talent

musical genius

operatic tenor (soprano, etc.) in the very top class

to be an unforgettable and happy experience

to create insuperable problems for a singer

to make a tour

concert tour

connoisseur

master of ceremonies

to attend a concert

premiere/ the first night

to premiere

to reach the audience

the orchestra is directed by/ is conducted by

to play under the baton of

brilliant performance

songful, warm and soulful tone (of one's violin playing)

poignant playing

exciting performance

songlike quality (of one's playing)

extremely mu­sical performance

thoughtful piece (of music)

tumultuous dance

zestful sonata

imaginative rondo,

compelling portrayal (if said about dancing)

imaginative playing

beautifully facile piano playing

exuberant performance

dazzling (playing, bowing)

 

READING 1

Read this newspaper article about a musician and answer the multiple choice questions.

Sally Beamish – Composer

What do you do if you get robbed? Take up composing? In the case of Sally Beamish, definitely. The thief has never been caught and her viola and video-player have never been recovered.

The robbery took place in London, where she was very active as a freelance player. Six months earlier, she had composed music for a set of six poems by Irina Ratushinskaya. This strengthened Beamish in her belief in herself as a composer. The shock of the theft of the invaluable 1747 Gabriella viola, which was not even her own but on loan, finally set the seal on her decision to leave the urban stress of London and head for the country of her husband, Scotland, and begin a new life.

Sally Beamish was born in 1956 into a musical family. She could write musical notes before she could write the letters of the alphabet. At the age of seven, she wrote an opera, or 'opra' as she called it then, based on a story slie had read. Her grandmother taught her to-sight-read music at the piano, but it was her mother who encouraged (and later discouraged) her interest in the violin, leading Sally, at fifteen, to take up the viola. Living in North London, she mucked in with a precocious band of chamber music players, as one of those useful musicians that could turn their hand proficiently to the violin, viola or piano.

At the Royal Northern College of Music, the Principal recommended that she attend the musical composition course given by Anthony Gilbert. Gilbert suggested that, as an already experienced composer, she should go her own way. But this was not easy for her. Her work bore no relation to what was then fashionable. I didn't have the confidence to realise that what I was doing was just as valid.

Beamish stopped composing. She became a busy viola player. She now recognises this period as a very unhappy one when, despite her talent as a performer, she had nothing special to say. A chance encounter with the Scottish composer, " Martin Dalby, proved to be a turning point for her. Looking at the music she had written, he encouraged her to believe once again that she could be a composer. However, it was not until two years later that she received her first professional commission. Her panic was so great that when she came to attend the final rehearsal of Dances and Nocturnes, she took out her pen and made an attempt, resisted by the performers, to cut out several bars of music, out of fear that her music would not be regarded as professional. later, Beamish entered a work for a competition. She didn't win but afterwards she met the composer, Oliver Knussen, who remembered the work. She acknowledges the invaluable help Knussen gave her, discussing her compositions and crises of confidence. Her com­position No, I Am Not Afraid, received its first performance six. Months before her viola was stolen. Shortly after the robbery, she heard that the Arts Council had awarded her a grant of £2,500 to give her time to compose more music! It bought one year's child care for her five-month-old baby, allowed her to write Commedia and to make the move with her husband to Scotland. Commedia is a striking work and met with ecstatic reviews. Beamish s move to Scotland seems to have been an unmitigated success. With her husband, she has founded the Chamber Group of Scotland. She speaks glowingly of the liveliness and energy of a gathering of composers and players. A second child and the lack of a publisher for her music have failed to stop the flow of compositions. She feels no sense of disadvantage as a woman. Instead, she appears positively to relish the discipline of having to compose fast during the few hours a day when the babysitter is present, while praising the limitless patience and support of her husband. Beamish appears serenely happy. Last month alone, ten performances of her work took place.

So what next? Beamish's thirty-two works have been mostly for chamber music groups. A new violin concerto will be premiered next year but her real ambition is to write an opera. No one has commissioned it. Perhaps an offer from the viola thief might be appropriate.

1 What was the effect of the robbery on Sally Beamish?

A It made her start composing.

B It made her work harder.

C It caused her to stop playing viola music.

D It confirmed a certain course of action.

2 What is unusual about her early childhood?

A She had difficulties with spelling.
B She could play the piano at a very young age.
C She could write music at a very young age.

D She read a lot of books.

3 Anthony Gilbert told her that

A The principal had recommended his classes.

B Her work was good but unfashionable.
C She should stop composing.
D She didn't need to attend his classes.

4 What was the problem at the final rehearsal?

A The performers didn't want to play it

B She wanted to make last-minute changes.

C The work was not professional enough.

D It had not won a competition.

5 How does Sally Beamish cope with her present domestic circumstances?

A She does not have time to find a publisher.

В She needs more support fronrher husband.

С She gets help from other composers.

D She doesn't find them a problem.

6 In her career as a composer, what has been Sally

Beamish`s main problem?

A Lack of confidence in herself.

В The stress of living in London.

С Not getting enough commissions for her music.

D Lack of time to compose.

 

READING 2

Read the text. Analyse the role of music in it.

Violin

By Anne Rice

He came before the day Karl died. It was late afternoon, and the city had a drowsy dusty look, the traffic on St. Charles Avenue roaring as it always does, and the big magnolia leaves outside had covered the flagstones because I had not gone out to sweep them.

I saw him come walking down the Avenue, and when he reached my corner he didn't come across Third Street. Rather he stood before the florist shop, and turned and cocked his head and looked at me.

I was behind the curtains at the front window. Our house has many such long windows, and wide generous porches. I was merely standing there, watching the Avenue and its cars and people for no very good reason at all, as I've done all my life.

It isn't too easy for someone to see me behind the cur­tains. The corner is busy; and the lace of the curtains, though torn, is thick because the world is always there, drifting by right around you.

He had no visible violin with him then, only a sack slung over his shoulder. He merely stood and looked at the house—and turned as though he had come now to the end of his walk and would return, slowly, by foot as he had approached—just another afternoon Avenue stroller.

He was tall and gaunt, but not at all in an unattractive way. His black hair was unkempt and rock musician long, with two bra'ds tied back to keep it from his face, and I remember I liked the way it hung down his back as he turned around. I remember his coat on account of that—an old dusty black coat, terribly dusty, as though he'd been sleeping somewhere in the dust. I remember this because of the gleaming black hair and the way it broke off rough and ragged and long and so pretty.

He had dark eyes; I could see that much over the dis­tance of the corner, the kind of eyes that are deep, sculpted in the face so that they can be secretive, beneath arching brows, until you get really close and see the warmth in them. He was lanky, but not graceless.

He looked at me and he looked at the house. And then off he went, with easy steps, too regular, I suppose. But then what did I know about ghosts at the time? Or how they walk when they come through?

He didn't come back until two nights after Karl died. I hadn't told anyone Karl was dead and the telephone-answering machine was lying for me.These two days were my own.

In the first few hours after Karl was gone, I mean really truly gone, with the blood draining down to the bottom of his body, and his face and hands and legs turning very white, I had been elated the way you can be after a death and I had danced and danced to Mozart.

Mozart was always my happy guardian, the Little Genius, I called him, Master of His Choir of Angels, that is Mozart; but Beethoven is the Master of My Dark Heart, the captain of my broken life and all my failures.

That first night when Karl was only dead five hours, after I changed the sheets and cleaned up Karl's body and set his hands at his sides, I couldn't listen to the angels of Mozart anymore. Let Karl be with them. Please, after so much pain. And the book Karl had compiled, almost fin­ished, but not quite—its pages and pictures strewn across his table. Let it wait. So much pain. I turned to my Beethoven.

I lay on the floor of the living room downstairs—the corner room, through which light comes from the Avenue both front and side, and I played Beethoven's Ninth. I played the torture part. I played the Second Movement. Mozart couldn't carry me up and out of the death; it was time' for anguish, and Beethoven knew and the Second Movement of the symphony knew.No matter who dies or when, the Second Movement of the Ninth Symphony just keeps going.

When I was a child, I loved the last movement of Beethoven's Ninth Symphony, as does everybody. I loved the chorus singing the Ode to Joy. I can't count the times I've seen it—here, Vienna once, San Francisco several times during the cold years when I was away from my city. But in these last few years, even before I met Karl, it was the Second Movement that really belonged to me. It's like walking music, the music of someone walking doggedly and almost vengefully up a mountain. It just goes on and on and on, as though the person won't stop walking. Then it comes to a quiet place, as if in the Vienna Woods, as if the person is suddenly breathless and exultant and has the view of the city that he wants, and can throw up his arms, and dance in a circle. The French horn is there, which always makes you think of woods and dales and shepherds, and you can feel the peace and the stillness of the woods and the plateau of happiness of this person standing there, but then...

then the drums come. And the uphill walk begins again, the determined walking and walking. Walking and walking.

You can dance to this music if you want, swing from the waist, and I do, back and forth like you're crazy, making yourself dizzy, letting your hair flop to the left and then flop to the right. You can walk round and round the room in a grim marching circle, fists clenched, going faster and faster, and now and then twirling when you can before you go on walking. You can bang your head back and forth, back and forth, letting your hair fly up and over and down and dark before your eyes, before it disappears and you see the ceil­ing again.

This is relentless music. This person is not going to give up. Onward, upward, forward, it does not matter now— woods, trees, it does not matter. All that matters is that you walk... and when there comes just a little bit of happiness again—the sweet exultant happiness of the plateau—it's caught up this time in the advancing steps. Because there is no stopping.

Not till it stops.

And that's the end of the Second Movement. And I can roll over on the floor, and hit the button again, and bow my head, and let the movement go on, independent of all else, even grand and magnificent assurances that Beethoven tried to make, it seemed, to all of us, that everything would some­day be understood and this life was worth it.

 

READING 3.

Read the text, fill in the gaps with the sentences given below and summarize it.

FROM OBERTO TO FALSTAFF

The festival's original goal was to mount stage productions of all ofVerdi's 28 operas in the seven years to 2001, the centenary of the composer's death. Unsurpri­singly, such a visionary project has met repeated setbacks in the hard, cold world that is arts management today. But Sir Edward Downes, the associate musical director of London's Royal Opera House (roh) and a self-professed inspired lunatic, remains undaunted in his quest to present Verdi, the whole man, from his most tentative to his surest moments, tracking the crude beginnings and false trails from which the mature genius developed.

The festival is directed not just at fellow fanatics but at the opera-going public, which accords Verdi reverence and adoration but is quite ignorant of much of what he wrote. Of the 28 operas at least a dozen are rarely if ever performed and several are receiving their British premiere at the festival. Do they include overlooked masterpieces that will proudly win places in the permanent repertoire? [ 1 ] First performed in 1850, it never struck a chord with Italian audiences, largely because of its alien story of a Protestant pastor who forgives his wife her adultery. Cosmopolitan modern audiences have less trouble seeing through to the powerful musical depletion of an intriguing psychological situation.

[ 2 ] But even though it is unlikely to find its way into the repertoire, "Oberto" does provide a beguiling glimpse of the young Verdi in his contemporary context, where Rossini and Donizetti were still the dominating influences. And it was reassuring to discover that Verdi's first surviving opera (his first opera, "Rocester", is lost) concerned the outraged father of a dishonoured daughter, a theme which reappears in much of his subsequent work, notably in two of this year's productions, "Rigoletto" and "Simon Boccanegra".

Although the festival organisers set out initially to stage not just all ofVerdi's operas but also every version of them, the fact that both the original and revised versions of "Simon Boccanegra" appeared in this year's pro­gramme was the result of incidental logistics. They provi­ded an instructive, if unusual, experiment. [ 3 ].

The practical problems presented by such compa­rative back-to-back productions are immense. [ 4 ]. Roberto Scandiuzzi, a basso nobile who has made the 1881 role of the outraged father Jacopo Fiesco very much his own, was fascinated to see the earlier version staged, but would not wish to sing it because of the higher tessitura of the original scoring, and the less sympathetic emphasis of the characterisation. In contrast, in the original 1847 version of "Macbeth", presented this year in a concert performance, Mr Scandiuzzi's role of Banquo is un­changed and it is the leading soprano role of Lady Mac­beth that requires a completely different type of singer from the more familiar later version.

Despite the challenges presented to performers, Mr Scandiuzzi is wholehearted in his support for the encyc­lopedic approach of the festival - the comparative versions enrich the more familiar roles and the rediscovered operas open up new vistas for singers.

Opera politics, changes of management and the de­parture from the ROH Of Paul Findlay, one of the original proponents of the festival, have combined to cause some projects to be abandoned and others modified. The festival is running behind schedule and lacks coherence. The grouping of the operas is haphazard and, as was the case this year, is sometimes far from ideal. But the show goes on and, with the closure of the Royal Opera House for a lottery-subsidised rebuild, now enters a nomadic phase.

Mr Scandiuzzi, one of the few Italian singers in this year's line-up, confesses that he is slightly embarrassed and bemused that such a phenomenon should be emanating from London, not from Italy. Yet he ungrudgingly recognises that it is entirely fitting that Verdi should be celebrated from an international centre. The resurrected chorus of refugees from the 1847 "Macbeth" speaks as strongly for Bosnians or Afghans today as it did for Italians at the time of its writing.

Nonetheless, there is something curiously English in the monomania of the festival's prime movers. London audiences must hope that in 2001 they will indeed achieve their climactic ambition: a performance of Verdi's "Requiem" in a new opera house with the participation of choruses from all the leading British opera companies. A force about 400-voices strong should be enough to awaken Verdi from the dead.

Stuart Millar

A A concert performance of "Oberto", the potential discovery in this year's programme, was less profound.

В The chorus has to memorise two similar but divergent scores, and subtle differences in the solo roles call for cast changes.

С Sir Edward feels that "Stififelio" put on in the festival's opening year, may be such a work.

D The revised version, which includes the great Coun­cil Chamber scene, makes better dramatic sense; the original version possesses a raw, direct intensity.

 

LISTENING

Perfect pitch