Newcombe found hanged in prison cell

Brian Newcombe, charged with the murder of a Scottish woman and a Yorkshire man after a nationwide hunt, was found hanged in his prison cell early yesterday, the Home Office said.

He was found hanging from the bars of his cell window by prison staff who tried to resuscitate him without success. A doctor certified him dead at 12.40 a.m.

An inquest will be held into his death. Mr. Newcombe had been in Leeds prison on remand since September 4. He was charged with the murder of Margaret Me Onie from Glasgow, and Jack Shuttleworth from North Yorkshire.

His death, in Armley jail, is the sixth among remand prisoners awaiting trial at the prison since May last year.

The Yorkshire Evening Post newspaper in Leeds said that a suicide note was found nearby which «specifically exonerated» The prison service.

The published note read: «The prison authority is in no way to be held responsible for my demise. They have treated me with kindness and consideration. They are blameless».

The Home Office spokesman would make no comment or confirm or deny the existence of the note. He said that the coroner had been informed and it would be prejudicial to give any information before the inquest was held.

The other five detainees who committed suicide were aged between 17 and 19.

Unit 77
COURTS IN THE USA

The third branch of the federal government, the judiciary, consists of a system of courts spread throughout the country, headed by the Supreme Court of the United States.

The power of the federal courts extends both to civil actions for damages and other redress, and to criminal cases arising under federal law. Ordinarily, federal courts do not hear cases arising under the laws of individual states.

U.S. judges are appointed by the president and confirmed by the Senate. Congress determines the pay scale of judges.

The Supreme Court is the highest court of the United States, A decision of the Supreme Court cannot be appealed to any other court.

Congress has the power to fix the number of judges sitting on the Court and decides what kind of cases it may hear.

The Constitution is silent on the qualifications for judges. There is 110 requirement that judges be lawyers.

The complement of the Supreme Court is fired at one chief justice and eight associates.

The Supreme Court has original jurisdiction in only two kinds of cases: those involving foreign dignitaries and those in which a state is a party. All other cases reach the Court on appeal from lower courts.

Of the several thousand cases filed annually, the Court usually hears only about 150.

A significant amount of the work of the Supreme Couii consists of determining whether legislation or executive acts conform to the Constitution.

The second highest level of the federal judiciary is made up of the courts of appeals, created in 1891 to facilitate the disposition of cases and ease the burden on the Supreme Court.

The United States is divided into 11 separate appeals regions, each served by a court of appeals with from 3 to 15 sitting judges.

The courts of appeal review decisions of the district courts within their areas.

Below the courts of appeal are the district courts. The 50 states are divided into 89 districts so that litigants may have a trial within easy reach. Additionally, there is one in the District of Columbia and one in the Commonwealth of Puerto Rico (part ofthe US).

From one to 27 judges sit in each of the district courts. Depending on case load, a judge from one district may temporarily sit in another district. Congress fixes the boundaries (if the districts according to population, size and volume of work. Some of the smaller states constitute a district by themselves, while the larger states, such as New York, California and Texas, have four districts each.

Except in the District of Columbia, judges must be residents ofthe district in which they permanently serve.

Tasks and exercises

1. Answer the questions:

1) What are the functions of the federal courts?

2) Do federal courts hear criminal cases?

3) What court is the highest one in the USA?

4) What is written in the Constitution about the qualifications forjudges?

5) Who appoints U.S. judges?

6) How many judges sit on a court of appeal in the USA?

7) What courts are below the courts of appeal?

8) May judges from one district sit in another district?

9) What factors stipulate the boundaries of the districts?

10) Does every state has only one district court?

11) Where must district judges live? Are there any exceptions?

2. Explain the terms:

redress; dignitary; complement; disposition of cases; litigant; associates.

3. Retell the texts using the words and expressions:

ordinarily; temporality; usually; additionally;

depending on; except...; permanently

4. Paraphrase the following sentences:

1) The Constitution is silent on the qualifications for judges.

2) The Supreme Court determines whether legislation oi executive acts conform to the Constitution.

3) The courts of appeal ease the burden on the Supreme Court.

4) Litigants may have a trial within easy reach.

5) The power of the federal courts extends both to civil actions and criminal cases.

5. Choose the corrected prepositions:

1) This power of the federal courts extend both (on; to) civil actions for damages and criminal cases.

2) Federal courts do not hear cases arising (from; undei) the laws of individual states.

3) Congress fixes the number of judges sitting (at; on) the Court).

4) The Constitution is silent (about; on) the qualifications of judges.

5) The complement of the Supreme Court is fixed (nl on) one chief justice and eight associates.

6. Complete the sentences:

1) The second highest level of the federal judiciary is

2) The courts of appeal were created in...

3) The courts of appeal review...

4) In the district courts sit...

5) A judge from one district may sit...

6) Congress fixes...

7) Judges must be residents...

7. Prove that in the District of Columbia operate speciIn rules related to the Court System.

8. Read the article below and answer the questions:

1) What is a V-chip and its functions?

2) What punishments were suggested by the Congress in

1996 for those who put indecent or offensive words or pictures online?

3) Did the Supreme Court support the congressmen? What was their argument? Does it sound convincing?

U.S. Supreme Court voids Internet porn ban

Washington —- In its first free-speech ruling for the computer age, the U.S. Supreme Court said Thursday June 26 that a congressional attempt to keep pornography off the Internet violated the Constitution's First Amendment.

The government cannot limit adults to seeing «only what is lit for children», the justices said.

Congress' 1996 legislation would have made it a crime to put «indecent» or «patently offensive» words or pictures online where they could be found by children. Violators could have been sentenced to two years in prison and a $ 250,000 fine.

President said he will meet this week with industry leaders, parents and teachers in search of a solution «as powerful for the computer as the V-chip will be for the television and that protects children in ways that are consistent with America's lice-speech values».

The V-chip is a device that allows parents to black out explicit television programs.

9. Translate into English:

Найвищим судовим органом у системі судів загальної юрисдикції є Верховний Суд України.

Незалежність і недоторканність суддів гарантується Конституцією і законами України.

На посаду суді може бути рекомендований кваліфікаційною комісією суддів громадянин України, не молодший

Двадцяти п'яти років, який має вищу юридичну освіту і стаж роботи у галузі права не менш як три роки, проживає в Україні не менш як десять років та володіє державною мовою.

 

Конституційний Суд України вирішує питання про відповідність законів та інших правових актів Конституції України і дає офіційне тлумачення Конституції України та законів України.

Конституційний суд складається з 18 суддів. Президент України, Верховна Рада України та з'їзд суддів України призначають по 6 суддів.

Суддею Конституційного Суду України може бути громадянин України, який на день призначення досяг 40 років, має вищу юридичну освіту і стаж роботи за фахомне менш як 10 років, проживає в Україні протягом останніх 20 років та володіє державною мовою.

Суддя Конституційного Суду призначається на 9 років без права бути призначеним на повторний строк.

Голова Конституційного Суду обирається на спеціальному пленарному засіданні зі складу суддів Конституційного Суду шляхом таємного голосування лише на один трирічний строк.

Unit 78

SOLICITORS AND BARRISTERS

a. Solicitor is a legal practitioner who normally takes a three year law degree at university, then a one-year legal practice course and examination at a law college, followed by two years as an employee under a training contract. Only after that he oi she is admitted as solicitor.

They have rights of audience in the lower courts but may in not act as advocates in the Supreme Court or the House of Lords.

A solicitor may be sued for professional negligence and owes the duties of a fiduciary to his client; these include the duty to preserve the confidentiality of client's affairs.

Commentary

«The right of audience» — is the right of an advocate to be heard in legal proceedings.

b. Barrister is a legal practioner admitted to plead at the liar. Barristers normally take a three-year law degree at university, followed by a one-year course at Bar school after which they are called to the Bar.

Barrister have the right of audience in all courts.

The primary function of barristers is to act as advocates for parties in courts and tribunals, but they also undertake the writing of opinions and some ofthe work preparatory to a trial.

Commentary

«To be called to the Bar» is to be admitted to the profession hy one of the Inns of Court.

Tasks and exercises

1. Read the text and insert the words required:

Advocate is one who argues a case... a client in court. In

magistrates' courts... barristers... solicitors have the right to appear... advocates.

In most Crown Court centers, the High Court, the Court of Appeal, and the House of Lords barristers have exclusive rights. audience. However, the provisions of the Courts and Legal Services Act 1990 allows solicitors with appropriate experience to qualify... rights of audience similar... those of barristers. In many tribunals there are no rules... representation, and laymen may appear as advocates.

2. Define who only pretends to be a solicitor or a barrister.

1) Mr. Black, solicitor: Tomorrow I shall sit on the Crown Court.

2) Mr. Smith, solicitor: I shall argue a case for Sam in the county court.

3) Mr. Good, barrister: Tomorrow I shali meet my client and get my fee from him».

4) Mr. Crazy, barrister: I shall take part in the session of the Court of Appeal in two days».

3. React to the statements (agree or disagree):

1) To become a barrister one must take a three-year law degree at university.

2) Barristers have the right of audience only in the Com l of Appeal.

3) Only solicitors undertake the writing of opinions.

4) Solicitors must fulfil the duty of fiduciary to his clients

5) Solicitor may act as advocates in the Supreme Court

5. Who performs the function of solicitors and barristers.

in Ukraine? Compare the system of advocacy in this country and abroad.

 

Unit 79

WHAT ARE THE JUDGES LIKE?

Judge is a state official with power to adjudicate on dispuiri and other matters brought before the courts for decision.

In English law all judges are appointed by the Crown on the advice of the Lord Chancellor in the case of circuit judges and Hight Court puisne judges and on the advice of the Prime Minister in the case of judges of the Court, of Appeal and the Lords of Appeal in Ordinary.

All judges are experienced legal practioners, mostly barristers, but solicitors can be appointed if they possess the relevant advocacy qualification. The higher judges can I"¹ removed from office only by a resolution of both Houses of Parliament assented to by the Queen. Their salaries are a charge on the Consolidated Fund and are not voted annually.

Circuit judges who sit in the county courts (sometimes in the Crown Courts) may be removed by the Lord and by invitation of the Chancellor, in the High Court may be removed by the Lord Chancellor for incapacity or misbehaviour. All judicial appointments are pensionable and there is a compulsory retirement age.

Justices ofthe peace (JPs) are appointed on behalf of and in the name of the Queen by the Lord Chancellor and may be removed from office in the same way. On reaching the age of 70 they cease to exercise any judicial functions.

Their principal function is to sit as magistrates in the magistrates' courts but they may also sit in the Crown Court. All High Judges are ex officio justices of the peace for the whole of England and Wales.

Magistrate is justice of the peace sitting in a magistrate's court. Most magistrates are lay persons and have no formal legal qualifications: they receive no payment for their services hut give their time voluntarily.

There are also stipendiary magistrates in London and other major cities.

Stipendiary magistrate is a barrister or solicitor of not less llian severs years' standing, appointed by the Lord Chancellor lo sit in a magistrates' court on a full-time salaried basis.

They have power to exercise alone any jurisdiction that can he performed or exercised by two JPs, except the grant of transfer of any license.

In other respects their powers are the same as of other justices.

Commentary

«Lords of Appeal in Ordinary or Law Lords» are up to 11 persons, holders of high judicial office or practising barristers of at the least 15 years' standing, who are appointed to life peerages under the Appellate Jurisdiction Act 1876 to carry out the judicial functions of the House of Lords.

Tasks and exercises

1. Choose the corresponding term from the table for denoting judges:

1) who mostly sit in the county courts.

2) who mostly sit in the High Court.

3) who mostly sit as magistrates in magistrates' courts.

4) who hear the cases in the House of Lords.

puisne judges; justices of peace; Circuit judges; Law Lords

2. Answer the questions:

1) Who appoints all the judges in GB?

2) On whose advice are judges of the Court of Appeal appointed?

3) Are circuit judges appointed on the advice of the Prime Minister?

4) What qualifications must have stipendiary magistrates?

5) By whose resolution can the higher judges be removed?

6) Can stipendiary magistrates exercise any jurisdiction alone?

3. Explain the term «ex officio».

4. How is the abbreviation JP deciphered?

5. Read the joke and explain the gist of the pun:

While a judge was trying a case he was disturbed by a young man in the rear of the room lifting chairs and looking under things.

«Young man», said the judge, «what's all the noise about?», «Your honour», replied the young man, «I've lost my overcoat, and I'm trying to find it».-

«Well,» said the judge, «people often lose whole suits in here without making all that disturbances

6. Act out the dialogue above.

Unit 80

JURY

Jury is a group of jurors (usually 12) selected at random to decide the facts of a case and give a verdict. Most juries are selected to try crimes but they are also used in coroner's inquests in some civil cases (e.g. defamation actions).

The judge directs the jury on points of law and sums up the evidence of the prosecution and defense for them, but he must leave the jury to decide all questions of fact themselves.

He also explains that they must acquit the defendant unless they feel sure that he is guilty beyond reasonable doubt. The verdict of a jury should be unanimous, but if they cannot reach a unanimous verdict, a majority verdict is acceptable.

Each juror must swear that he will faithfully try the case and give a true verdict according to the evidence.

Jurors are chosen from the electoral register. They must be aged between 18 and 70 and must have been resident in the UK a period of at least five years since the age of 13.

The following are ineligible for jury service:

(1) past and present holders of any judicial office;

(2) solicitors, barristers, members of a court staff, police officers, and other concerned with the administration of justice if they have held the office within the preceding 10 years.

(3) clergymen;

(4) the mentally ill.

Members of Parliament, full-time members of the armed forces, and practicing doctors, chemists, and vets may claim excusal from jury service. Anyone who has ever been imprisoned for 5 years or more, who has been imprisoned for more than 3 months within the preceding 10 years, or who is on bail, is disqualified from jury service.

Tasks and exercises

1. Insert the words missing:

1) Jurors are selected... random.

2) The judge direct the jury... points of law.

3) The judge sums... the evidence of the prosecution and defense.

4) They felt sure that he was guilty... reasonable doubt.

5) Jurors are chosen... the electoral registrer.

2. Show who is ineligible for jury service:

1) Mr. Brown is a solicitor.

2) Mr. Black is a bishop.

3) Mrs. Tent spent two years in a mental asylym.

4) Tom is 19 years old.

5) Mrs. Green is 72 years old.

6) Mary arrived in the UK from Nigeria two years ago. Now she is 15.

7) Mr. Breakman is on bail now.

8) Mr. Nickolson spent 8 years in prison.

3. Answer the questions:

1) What happens if the verdict of the jury is nol unanimous?

2) What instructions does the judge give the jurors?

3) Are juries used in civil cases?

4) What oath does every juror give?

5) What categories of citizens can claim casuals?

4. Read the text. Make up a dialogue on the basis of the remarks given in the text and act it out with your colleagues,

A jury to try the case was now quickly impaneled — twelve- men out of the usual list called to serve for the month — and was then ready to be challenged by the opposing counsel.

The business of impaneling a jury was a rather simple thing so far as this court was concerned. It consisted in the mandarin like clerk taking the names of all jurors called to serve in this court for the month — some fifty in all — and putting them,

each written on a separate slip of paper, in a whirling drum, spinning it around a few times, and then lifting out the first slip which his hand encountered, thus glorifying chance and settling on who should be juror Ne I. His hand reaching in twelve times drew out the names of twelve jurymen, who as their names were called, were ordered to take their places in the jury-box.

Cowperwood observed this proceedings with a great deal of interest. <...>

A small, sharp-nosed, sharp-chinned commercial man of some kind, he immediately disliked.

«I hope I don't have to have that man on my jury», he said to Steger, quietly.

«You don't,» replied Steger. «I'll challenge him. We have the right to fifteen peremptory challenges on a case like this, and so has prosecution.» <...>.

It being the prerogative of the attorney for prosecution to examine and challenge the jurors first, Shannon arose and began to question them as to their trades or professions, their knowledge of the case before the court, and their possible prejudice for or against the prisoner.

By twelve o'clock, a jury reasonably satisfactory to both sides had been chosen.

(Dreiser, The Financier).

6. Read about the work of the jury described by Dreiser in his novel «Financier». Paraphrase the text, trying to replace the words in italics.

After reaching the conclusion that Cowperwood unquest­ionably deserved some punishment, there was wrangling as to whether the verdict should be guilty on all four counts, as charged in the indictment. Since they did not understand how to differentiate between the various charges very well, they decided it should be on all four, and recommendation to mercy added. After word this last was eliminated, however; either he

was guilty or he was not. The judge could see as well as they could all the extenuating circumstances — perhaps better. Why tie his hands?

As a rule no attention was paid to such recommendations, anyhow, and it only made the jury look wabbly.

(Dreiser, The Financier).

6. Explain the terms, used in the text above:

extenuating circumstances; mercy; indictment verdict; on all four counts; charges.

7. Now read the extract from the same novel and answer the question:

Can you agree with the following statement of Th. Dreiser?

Men in a jury-room, like those scientifically demonstrated atoms of a crystal which scientists and philosophers love to speculate upon, like finally to arrange themselves into an orderly and artistic whole, to present a compact, intellectual front, to be whatever they have set out to be, properly and rightly compact, sensible jury.

(Dreiser, The Financier).

 

Unit 81

KINDS OF TRIAL

Summary trial is a trial by magistrates without a jury. Some offences triable either way are also tried in this way. The latter include offences of deception, theft, bigamy and sexual intercourse with a girl under the age of 16.

Offences triable either _way. are called so because they are crimes that may be tried either as an indictable offence or a summary offence.

When an offence is triable either way, the magistrates' court must decide, on hearing the initial facts of the case, if it should be tried on idictment rather than summarily. Even if they decide that they can deal with the matter themselves, they must give the defendant the choice of opting for trial upon indictment before the jury.

An indictable offence is an offence that may be tried on indictment, i.e. by jury in the Crown Court.

Tasks and exercises

1. Guess the terms on the basis of their definitions:

1) It is an offence tried by jury in the Crown Court.

2) It is a trial by magistrates without a jury.

3) It is a crime that may be tried either as an indictable offence or a summary offence.

2. Insert the prepositions:

The defendant was given the choice of opting... trial... indictment... the jury.

3. Give the words ofthe same root:

Indictable —► noun

to try —►adjective

to defen —►noun

to deceive —► noun

4. Speak on the three kinds of trial mentioned in the text.

5. Read and retell the text:

The court system (Court-room)

He (Cowperwood) at once took in the nature of the scene, which had a peculiar interest for him. Before him was the as yet empty judge s rostrum, and at its right the empty jury-box, between which, and to the judge's left, as he sat facing the audience, stood the witness-chair where he must presently sit

and testify. Behind it, already awaiting the arrival of the court, stood a fat bailiff, whose business it was to present the aged, greasy Bible to be touched by the witnesses in making oath, and to say, «Step this way», when the testimony was over. <...>

Judge Payderson came in after a time, accompanied by his undersized but stout court attendant, who looked more like a pouter-pigeon than a human being; and as they came, Bailiff rapped on the Judge's desk, beside which he had been slumbering, and mumbled, «Please rise». The audience arose, as is the rule of all courts. Judge Payderson stirred among a number of briefs that were lying on his desk, and asked briskly, «What's the first case, Mr. Profus?» he was speaking to his clerk.

During the long and tedious arrangement of the day's docket and while the various minor motions of lawyers were being considered, this courtroom scene till retained interest for Cowperwood.

(Dreiser, The Financier).

6. Point out the words which help, to create the atmosphere of the monotony and routine in the court-room.

7. Explain the meaning of the words used in the text given in point 5:

docket; testimony; court attendant; jury-box; witness-chair; bailiff; judge's rostrum.

8. Read the text and insert the words from the frame:

Prosecution

The prosecution is deeply involved in a case by the time it reaches the preliminary examination phase of the criminal justice system. This procedure is sometimes described as a mini- trial. It is an investigation by a magistrate of the facts and circumstances surrounding a... who has been charged with a crime (felony) and arrested, in order to determine whether there are sufficient grounds to hold him for trial. It is here that a preliminary testing of the... takes place, after hearing the

evidence, the magistrate may find no basis for the charges and... them, or he and the prosecutor may agree that the charges are not too serious or unsubstantiated by the evidence and agree to a... of the charges to some lesser....It should be noted that in some jurisdictions there is no... preliminary hearing for misdemeanors.

If there is a reasonable... in the opinion of the magistrate, that a crime has been committed and that the accused was involved, the case is certified to the trial court and the prosecutor is given a number of days... formal charges against the defendant. The charge is filed on the basic of information from citizen... and police investigations.

(Felkenes G. The Criminal Justice System.— USA., 1973)

complaints; to file; evidence; dismiss; a reduction; offence; separate; belief; suspect

8. Read the joke and answer the questions below:

1) Judge (in dentist chair): Do you swear that you will pull the tooth, the whole tooth, and nothing but the tooth?"

Do you remember the official words of the judge who asks the witnesses and the suspect to tell only the truth? Cite them!

9. Retell the joke to you colleagues:

A lawyer just out of college was pleading his first case. The nasty railroad company had killed twenty-four of his farmer client's hogs. The young lawyer was trying to impress the jury with the magnitude ofthe injury.

«Imagine twenty-four hogs, gentleman! Twenty-four! Twice the number there are in the jury-box».

Unit 82
CAPITAL PUNISHMENT

The abolition of capital punishment in England in November 1965 was welcomed by most people with progressive ideas. Still the problem remains — the problem of now to prevent murders. The important thing in the prevention of murder is to eliminate as far as possible the weapons and instruments, the guns and knives, with which these crimes are committed and to stop the dangerous influence of violence in books, films and television.

We have plenty of examples from real life, in every country, to prove that few criminals are born: they are made by our standards of so-called entertainment; Cowboys and Indians, Wild West films which are only exciting when guns are shooting and bad men are being killed, spy stories of the James Bond type with death in every form, bank robberies and «perfect murder» stories with killings on every few pages or in every few minutes of film. Anybody who wants to commit a murder has no difficulty in buying a knife, a gun, or some «interesting» poison. Life is cheap in fiction; no matter how many people are killed — the more the marrier — the main thing is that the hero and the heroine remain alive to enjoy the happy end.

So the practical way of reducing the number of capital crimes is to close the gunshops and to make it a criminal offence for the man in the street to possess a lethal weapon.

Tasks and exercises

1. React to the statements:

1) Mild sentences are a sign of a civilized society.

2) Capital punishment is a deterrent to murder.

3) Scenes of violence in films encourage crime.

4) Legalized selling of firearms stimulates murder.

5) Legalized selling of weapons ensures security.

6) The instinct to kill is basic to human nature.

2. Read the dialogue:

Mrs. A.: You know, my neighbour was shot dead last week.

Mrs. N.: You don't say so! It's terrible. No wonder, when killings are on every page and in every few minutes of films!

Mrs. A.: I think they must close all the gunshops to reduce the numbers...

Mrs. N.: And they must stop this violence in books, fdms and television.

Mrs. A. Yes, life is so cheap in fiction.

3. Speak on the prevention of murder. Give your suggestions as to the problem. Do you know any practical way of reducing criminality?

4. Choose three main factors causing tense criminal situation:

1) frequent amnesties; 2) bad police work;

3) mild penitentiary legislation;

4) connivance with the criminals;

5) almost open possession of the firearms.

5. Read the dialogue and translate it.

Act it out with your colleagues:

V.: What do you say, Benjy? You see the way things

are going? I'm pulling out the whole bag of tricks, and I'm not fooling anybody.

B.: Try harder!

V.: If I knew how to work miracles, I'd work one.

Look, this state doesn't like to hang kids, but it's happened before.

B.: Hang? You are craggy!

V.: Even if you got life, know what that means?

Even if you got paroled in twenty years, you'll be thirty-seven years old, almost middle-aged, with a record. Plead guilty, Benjy, it's not too late.

B.: No, I didn't do it!

(Based on the story

«Thicker than Water» by H.Slezar).

6. Explain the notions of the following expressions from the dialogue:

— to get life;

— to get paroled;

— to be with a record;

— to pull out the whole bag of tricks.

7. Act out this dialogue (point) with your partner.

 

Unit 83

TYPES OF PUNISHMENTS

About 80 per cent of offenders are punished with a fine. The maximum fine that can be imposed by a magistrates' court in England and Wales is normally £5,000.

When fixing the amount of a fine, courts are required to reflect the seriousness of the offence and to take into account the financial circumstances of the offender.

The courts may order an offender to pay compensation for personal injury, loss or damage resulting from an offence.

The police have discretion to charge an offender or caution him or her.

Cautioning is a form of warning and no court action is taken. Properly used, it is an effective deterrent to those who have committed minor offences or who have offended for the first time.

Tasks and exercises

1. Speak on the following topics:

1) Fine as a form of punishment.

2) Cautioning as a form of deterrent.

2. Insert the prepositions, if necessary:

1) The Minor offences are punished... a fine.

2) The courts take... account the financial circumstances of the offender.

3) Sam had to pay compensation... personal injury.

4) This damage resulted... the manager's offence.

5) Cautioning is an effective deterrent... minor offenders.

3. Expand the sentences using the words in brackets:

1) 80 per cent of offenders are punished with a fine (about).

2) The maximum fine imposed by a magistrates' Court

is £ 5,000 (normally)

3) Cautioning is a deterrent to those who have committed minor offencers (effective).

4. Complete the sentences:

1) The police have discretion.

2) Cautioning is a form...

3) The courts may order...

4) Courts are required to reflect...

5) The maximum fine to be imposed...

5. Which statement's are false?

1) About 90 per cent of offenders are punished with a fine.

2) The maximum fine is about Ј 1,000.

3) The seriousness of the offence is reflected when fixing the amount of a fine.

4) Cautioning is an effective deterrent to those who have committed felony.

6. Give the words ofthe same root from the text:

serious; finance; person; to warn; proper; minority; to lose.

7. Combine the elements from A with the elements from B:

A B

minor injury

effective offences

personal circumstances

financial deterrent

8. Give the synonyms from the text:

warning; threat; authority; to state; to consider.

 

 

Unit 84

PROFILE OF CORRECTIONAL OFFICERS

As official methods of dealing with inmates are progressively upgraded, the caliber of correction officers also must be raised.

Corrections personnel need thorough training and a knowledge of human behaviour to deal with inmates often lacking self-control. Officers who specialize in negative types of discipline such as brute force, only reinforce the antisocial attitudes of the offenders. Prisons can no longer afford to have custodial personnel with less training and ability than animal keepers in a zoo. Reform-minded psychologists say that when guards and inmates act out adversary roles, the tension hardens the inmates.

It is not surprising that conflict exists between correctional officers and the reform-minded psychologists in today's prisons.

Both have different concepts of what correction should mean. The correctional officer tends to believe that the inmate needs restraint and discipline as the only method of rehabilitation he understands and to which he can respond. The psychologist tends to believe that most inmates are emotionally or mentally disturbed and therefore not really criminal but in need of psychiatric rehabilitation and less control. Ideally psychologists and correctional officers should be working together on this mutual problem of how best to handle the inmate.

(Felkenes G.

The Criminal Justice

System.—USA, 1973).

Tasks and exercises

1. Read the text above and be ready to discuss the problem
of the guard-inmates relations with you colleagues. Put 10
questions to the text.

2. Complete the word combinations:

correct...; human...; antisocial...;
negative types...; brute...; custodial...;
animal...; reform-minded...;
adversary...; psychiatric...; mutual....

3. Copy out all the adverbs with the ending «ly» and translate
them.

4. Insert the prepositions missing:

1) Some officers specialize... negative types of discipline.

2) Psychologists and correctional officers should be working
together... the mutual problems.

3) When guards and inmates act... adversary roles, the
tension hardens the inmates.

4) Some guards dealing... inmates often lack self-control.

5. Complete the sentences:

1) Inmates need...

2) The psychologists tend to believe...

3) Conflict exists between...

4) Correctional personnel need...

5) Reform-minded psychologists say...

6. Give some recommendations to the guards using the

structure:

You should....

 

7. Read the text and speak on the first jails in the USA.

The Development of the Correction System in the US

In 1632, a small wooden structure was erected in Boston to serve as a jail for the Massachusetts Bay Colony. This building served for eighteen years until jails were built in other towns.

In 1655, the General Court of the Massachusetts Bay Colony ordered that «there shall be a house of correction provided in each county at the counties charge» to house the idle drunkards and other petty offenders. The socially inept and indigent sentenced there were to be taught useful skills.

Unit 85

PRISON LIFE

Full-time education of 15 hours a week is compulsory for young offenders below school-leaving age. For older offenders it is voluntary. Some prisoners study for public examinations.

Physical education is voluntary for adult offenders but compulsory for young offenders. Practically all prisons have physical education facilities.

The Health Care Service (HCS) for Prisoners is responsible for the physical and mental health of all those in custody.

Prisoners may write and receive letters and be visited by relatives and friends. They have a right to make telephone calls.

Privileges include a personal radio, books, periodicals and newspapers, watching television, and the opportunity to make purchases from the prison shop with money earned in prison.

Women prisoners do not wear prison uniform and there is a clothing allowance to help pay for clothes while in prison.

The Prison Services have mother and baby units, which enable babies to remain with their mothers when it is in the best interests of the child.

Tasks and exercises

1. Answer the questions on the text:

1) What is compulsory and what is voluntary for offenders?

2) What privileges have the prisoners got?

3) Do women prisoners wear uniform?

4) Do you think that all the requirements are obeyed in prisons? When answering this question take the facts from the text «Anger Mounts over Brixton jail deaths» and other articles from newspapers and journals.

2. Read and translate the word combinations:

Remand remand in custody; remand home;
person on remand.

Issue issues of the case; issue of / in law;
to raise issues.

prison prison breach; female prison;
male prison.
prisoner - a close prisoner; a refectory prisoner;
a discharged prisoner; an escaped
prisoner.

3. Cross out the odd words:

a) self-inflicted injuries; deaths, hangings; watch.

b) inmates; prisoners; convicts; sentenced; senior officer.

c) a prison officer; supervision; observation; watch;
horrific.

4. Speak on the conditions of detention in our prisons.
Find the articles and other materials related to the theme.
Be ready to discuss the facts given in these texts.

5. Fulfil the tasks:

1) Ask your colleagues about the main aims and purpose
ofthe HCS.

2) Ask your colleagues if it is difficult to prevent suicides
in prison.

3) Ask your Coroner's colleagues what measures should
be taken to reduce suicide risks.

4)Ask your colleagues what groups of inmates are inclined to self-infliction or suicides.

5)Ask your colleagues what cases are heard in Courts of GB.

6. Read this funny story and retell it:

Governor Hunt of Wyoming tells this story on himself. He visited the State Penitentiary one day, and when the prisoners assembled for the evening meal, the warden unexpectedly asked him to make a few remarks. Without thinking he began, «Fellow citizens». Their smiles reminded him that all of them had lost their citizenship when convicted. He tried again. «Fellow convicts». This was worse. As a last resort, he explained hastily, «Well, men, I don't know what to call you but I am certainly glad to see so many of you here».

Unit 86

ANGER MOUNTS OVER BRIXTON JAIL DEATHS

Outraged reform groups were yesterday demanding action to clean up Brixton Prison after it was revealed that 10 men died there in the last 12 months.

Nine of the prisoners were unsentenced or unconvicted men on remand awaiting trial. Seven were found hanging in their cells while the other three either died of natural causes or self- inflicted injuries. Two of the deaths occurred last month.

Tony Ward of Inquest, a group campaigning against deaths in custody, said he was «quite staggered» by the figures.

«It is horrific. It is beyond anything that we have ever encountered before».

Mr. Ward said the most deaths in a prison the group had discovered in one year were four at Canterbury prison in 1982.

A spokesman for Radical Alternatives to Prison, said the fact that nearly all the prisoners were on remand made the figures «all the more shocking».

On Wednesday, Southwark Coroners Court heard evidence about one man who hanged himself in his Brixton cell in November.

It was revealed that prison officers were unable to open cell doors at night by themselves to save inmates who might be dying. Keys were kept in a sealed package opened only by a senior officer.

The RAP spokesman said this was a problem in all prisons and one that cropped up time and time again with many prison hangings.

Brixton Prison operates special watches for prisoners believed to be suicide risks. Special Watch A involves constant supervision, often in an open ward, and Special Watch B involves observation every 15 minutes in cells in the prison's «medical wing» — which is really indistinguishable from any other wing.

Gareth Peirce, a lawyer who handles custody deaths at inquests, said earlier this week that prisoners at Brixton have complained that the 15 minute watches were not kept and that prisoners were often (deft banging all night without ever seeing a prison officer».

By Don Monteith.

Tasks and exercises

1. Answer the questions:

5) Why did the reform groups demand action to clean up Brixton Prison?

6) Were all the deceased old timers and recidivists?

7) What made the figure «all the more shocking»?

8) Why were the prison officers unable to open cell doors?

9) What special watches are operated in Brixton Prison?

10) Were 15 minutes watches kept in fact?

2.Make up a dialogue on the theme using the expressions:

— It is horrific!

— It is beyond anything that we have ever encountered

before!

— All the more shocking!

— This problem crops up time and time again.

— left banging all night without ever seeing a prison officer!

— quite staggered by the figures

3. Explain the expressions: to be on remand; self-inflicted injuries.

4. Give the synonyms:

inmates; to crop up; watch; in custody; outraged; to demand; trial; staggered; to reveal.

5. Insert the prepositions if necessary:

1) All the prisoners who died were... remand.

2) This problem of hanging cropped... in many prisons.

3) The reform groups demand action to clean... the prison.

4) Sam died when... custody.

5)The medical wing is really indistinguishable.... any other wing.

Unit 87

PAROLE

Parole, or release on license is the conditional release of prisoner from prison. Under the Criminal Justice Act 1991, anyone sentenced to imprisonment for between 12 month and 4 years must be released on license after serving one-half of the sentence. Those imprisoned for 4 years or more must be paroled after serving two-thirds of their sentence.

Local review committees in each area consider all cases and advise the Home Secretary, who may either release the prisoner himself or refer his case to the Parole Board. This Board includes a judge, a psychiatrist, a person experienced in caring for discharged prisoners, and a person trained in the treatment of offenders.

The Board considers reports and evidence relating to the prisoner and defines the conditions under which he may be released.

The Home Secretary may recall the prisoner on parole to prison at any time, either on the recommendation of the Parole Board or whenever he thinks it necessary to do so without consulting the Board.

Tasks and exercises

1. Explain the notion «parole».

2. Give the corresponding verbs or nouns:

V N

— sentence

— parole

to release —

— review

— advice

— reference

to discharge —

to define —

3. Insert the suitable words from using them in the correct forms:

1) The prisoners were glad to get their....

2) The accused man was found not guilty and....

3) The members of the Jury were....

4) Sam was... from prison on license.

5) The superintendent got an order for Ted's... from prison.

6) The Home Secretary recalled Pete who was on... to prison on Tuesday.

7) Sam was... after serving 3 months.

8) The... of the offenders leaves much to be desired.

4. Define if it is possible to release the following prisoners on bail:

1) Sam was sentenced to 5 years and served 3 years.

2) Mike was sentenced to 7 months and served 2 months.

3) Alice was sentenced to 4 years and served 1 year.

4) Nick was sentenced to 8 years and served 4 years.

5) Ted was sentenced to 10 years and served 8 years.

5. What is the Parole Board like? What are its functions?

6. Insert the correct prepositions.

The Parole Board includes a judge, a psychiatrist, a specialist who knows how to care... discharged prisoners. It also includes a person trained... the treatment of offenders.

The Board considers reports and evidence relating... the prisoner. It defines the conditions... which the prisoner may be released.

7. Translate into English:

1) Умовно-дострокове звільнення можливо у Великій Британії, якщо підсудний відбув половину свого терміну, при умові, що цей термін ув'язнення не перевищує 4 роки.

2) Якщо термін ув'язнення складає 4 і понад років, то умовно-дострокове звільнення можливо тільки по відбуванні двох третей назначеного терміну ув'язнення.

3) Спеціальна Рада вирішує, при яких умовах ув'язнений може бути переведений на режим умовно-дострокового звільнення.

8. Read the dialogue and answer the questions below:

9. V.: I want you to cop a plea.

B.: What?

V.: I want you to plead guilty. Believe me, it's the only sensible thing to do. You put this case to a jury, I swear you'll be spending the rest of your life in a cage. Plead guilty, and the worst you'll get is twenty years. That's not so bad as it sounds; you'll be eligible for parole in five.

B.: I won't do it! I'm innocent. I'm not goin' to jail for something I didn't do!»

(Based on the story

«Thicker than Water» by H.Slezar).

dialoque

1) Why did Vernon try to persuade the prisoner to plead guilty?

2) Are his arguments worth following?

3) Is it possible to get a parole in five years if the accused is sentenced to 20 years (according to modern legislation in GB)?

Contents

Unit 1. Law at the University of Buckingham 4

Unit 2. Odessa National Academy of Law...... 5

Unit 3. The notion of law................................ 8

Unit 4. The notion of the written and unwritten laws 11

Unit 5. The main ancient systems of law...... 14

Unit 6. Roman law........................................ 16

Unit 7. English Law...................................... 19

Unit 8. The Constitution of the USA. Part I. 22

Unit 9. The Constitution of the USA. Part II 24

Unit 10. The Declaration of Independence.... 26

Unit 11. The Weimar Republic Constitution 28

Unit 12. Monarchy or Republic?.................. 30

Unit 13. The Dreyfus case............................ 32

Unit 14. Fascists in Germany....................... 34

Unit 15. The European Convention for the.

Protection of Human Rights and

Fundamental Freedoms..................... 37

Unit 16. The Bill of Rights............................ 41

Unit 17. Female rights.................................. 43

Unit 18. Monarchy in Britain........................... 45

Unit 19. Queen and Commonwealth............. 49

Unit 20. Presidency in the USA.................... 50

Unit 21. Parliament of GB............................ 52

Unit 22. Betty Boothroyd............................. 56

Unit 23. The legislative power in the USA... 57

Unit 24. Procedure of passing Bills in Great Britain 61

Unit 25. Passing the Bill in the USA............. 64

Unit 26. Political Parties of Great Britain..... 66

Unit 27. Political Parties in the USA............ 68

Unit 28. The Italian Fascist Party....,........... 69

Unit 29. Elections in Great Britain............... 71

Unit 30. The executive power in Great Britain 75

Unit 31. The local government in Great Britain 81

Unit 32 Draft of Declaration on the deepening

and strengthening of detente................. 87

Unit 33. The ceremonial of presenting credentials90

Unit 34. Visits of Heads of State.................. 93

Unit 35. European Union (EU)..................... 97

Unit 36. The European Economic Community 98

Unit 37. The United Nations. Part 1........... 101

Unit 38. The United Nations. Part II........... 103

Unit 39. UNESCO. Part I........................... 105

Unit 40. UNESCO. Part II.......................... 108

Unit 41. The North Atlantic Treaty........... 110

Unit 42. Terrorism...................................... 113

Unit 43. Genocide....................................... 116

Unit 44. Where do drugs come from?......... 118

Unit 45. Territorial waters.......................... 121

Unit 46. Pollution....................................... 124

Unit 47. EUCC........................................... 128

Unit 48. Maritime law and arbitration........ 131

Unit 49. Ownership.................................... 134

Unit 50. Sole proprietorship...................... 138

Unit 51. Lease............................................. 141

Unit 52. Stock Exchange............................ 143

Unit 53. Crash testing................................. 145

Unit 54. Bankruptcy................................... 149

Unit 55. Mortgage....................................... 151

Unit 56. Auction......................................... 153

Unit 57. Strikes........................................... 155

Unit 58.. Industrial tribunal (IT)................. 158

Unit 59. Social security and labour law...... 159

Unit 60. Marriage....................................... 162

Unit 61. Divorce......................................... 164

Unit 62. Adoption...................................... 167

Unit 63. Will in GB..................................... 169

Unit 64. Types of offences.......................... 172

Unit 65. Crime............................................ 174

Unit 66. Criminal.............................................. 179

Unit 67. Tort............................................... 182

Unit 68. Gaming......................................... 184

Unit 69. Police administration in Great Britain 186

Unit 71. Policemen on the job..................... 190

Unit 72. Police officers and firearms........... 192

Unit 73. The Federal Bureau of Investigation 195

Unit 74. Bail............................................... 197

Unit 75. The Court system in Great Britain 200

Unit 76. Coroners' Courts.......................... 203

Unit 77. Courts in the USA........................ 206

Unit 78. Solicitors and barristers................ 210

Unit 79. What are the judges like?.............. 212

Unit 80. Jury............................................... 215

Unit 81.. Kinds of trial................................ 218

Unit 82. Capital punishment....................... 222

Unit 83. Types of punishments................... 224

Unit 84. Profile of correctional officers....... 226

Unit 85. Prison life...................................... 228

Unit 86. Anger mounts over Brixton jail deaths 230

Unit 87. Parole............................................ 232