Дело стивена кизко ( stefan kizsko )

8 февраля 1992 года из тюрьмы был выпущен мужчина, который провел 16 лет своей жизни, отбывая срок за убийство. Оказалось, что, на самом деле, он не совершал данное преступление.

В начале 90-х годов из Британских тюрем было выпущено большое количество людей, которые отбывали наказания за преступления, совершенные другими. Самыми известными из этих случаев были дела «Гилфордской четверки» и «Шести из Бирмингема». В обоих случаях это были группы людей, осужденные за террористические акты. В каждом из дел предыдущие решения суда были изменены, когда стало очевидно, что полиция нарушала порядок ведения следствия (например, они фальсифицировали свидетельские показания или не заносили в дело важные улики).

Доверие общественности к полиции уменьшилось. Однако, если в случае с поимкой террористов симпатия людей была на стороне полиции, то дело Стивена Кизко было из разряда совершенно других. Он не принадлежал ни к какой незаконной организации. Эго единственным преступлением было то, что он оказался в не том месте в неподходящее время. Он также соответствовал стереотипу преступника, что сделало его жертвой людского предубеждения. Коэффициент его умственного развития был ниже среднего, у него было иностранное имя, поэтому суд присяжным посчитал его потенциальным убийцей.

 

11. Read and translate Text 3:

The system of justice

The system of justice in England and Wales, in both civil and criminal cases, is (as it is in North America) an adversarial system. In criminal cases there is no such thing as an examining magistrate who tries to discover the real truth about what happened. In formal terms it is not the business of any court to find out 'the truth'. Its job is simply to decide 'yes' or 'no' to a particular proposition (in criminal cases, that a certain person is guilty of a certain crime) after it has heard arguments and evidence from both sides (in criminal cases these sides are known as the defence and the prosecution).

There are basically two kinds of court. More than 90% of all cases are dealt with in magistrates' courts. Every town has one of these. In them, a panel of magistrates (usually three) passes judgement. In cases where they have decided somebody is guilty of a crime, they can also impose a punishment. This can be imprisonment for up to a year, or it can be a fine, although if it is a person's 'first offence' and the crime is not serious, they often impose no punishment at all.

Magistrates' courts are another example of the importance of amateurism in British public life. Magistrates, who are also known as Justices of the Peace (JPs), are not trained lawyers. They are just ordinary people of good reputation who have been appointed to the job by a local committee. They do not get a salary or a fee for their work (though they get paid expenses). Inevitably, they tend to come from the wealthier sections of society and, in times past, their preju­dices were very obvious. They were especially harsh, for instance, on people found guilty of poaching (hunting animals on private land), even though these people sometimes had to poach in order to put food on their families' tables. In modern times, however, some care is taken to make sure that JPs are recruited from as broad a section of society as possible.

Even serious criminal cases are first heard in a magistrate's court. However, in these cases, the JPs only need to decide that there is a prima facie case against the accused (in other words, that it is possible that he or she may be guilty). They then refer the case to a higher court. In most cases this will be a crown court, where a professional lawyer acts as the judge and the decision regarding guilt or innocence is taken by a jury. Juries consist of twelve people selected at random from the list of voters. They do not get paid for their services and are obliged to perform this duty. In order for a verdict to be reached, there must be agreement among at least ten of them. If this does not happen, the judge "has to declare a mistrial and the case must start all over again with a different jury. A convicted person may appeal to the Court of Criminal Appeal (generally known just as the Appeal Court) in London either to have the conviction quashed (i.e. the jury's previous verdict is overruled and they are pronounced 'not guilty') or to have the sentence (i.e. punishment) reduced. The highest court of all in Britain is the House of Lords.

The duty of the judge during a trial is to act as the referee while the prosecution and defence put their cases and question witnesses, and to decide what evidence is admissible and what is not (what can or can't be taken into account by the jury). It is also, of course, the judge's job to impose a punishment (known as 'pronouncing sentence') on those found guilty of crimes.

 

12. Answer the questions:

1. What is an adversarial system of justice?

2. What kinds of court are there in Great Britain?

3. In what way are serious criminal cases dealt with in Great Britain?

4. What happens if there is no agreement among at least ten of the jury about the verdict?

5. What is the duty of the judge during a trial?

13. Find English equivalents in the text:

Гражданские и уголовные дела; выслушивать свидетельские показания обеих сторон; защита; обвинение; назначать на должность; богатые слои общества; предрассудки; браконьерство; королевский (верховный) суд; выбирать наугад; выносить приговор.

14. Explain in English some terms connected with the legal system:

Acquitted; bail; convicted; defendant; on remand; party; plaintiff; verdict; uncondition­ally discharged; conditional discharge; on probation; a fine; com­munity service; to imprison; death penalty; life sentence; to ban from driving; to acquit; corporal punishment; mercy-killing or euthanasia.

15. Match the criminal with the definition:

1. an arsonist        a) tries to enforce his political demands by carrying out or threatening acts of violence

2. an assassin      b) pretends or claims to be what he is not

3. a deserter          c) makes money by dishonest business methods, e.g. by selling worthless goods

4. an embezzler   d) steals from his own company

5. a forger            e) attacks and robs people especially in public places

6. a fraud (con man)      f) sets fire to property

7. a hooligan        g) kills for political reasons or reward

8. a mugger          h) brings goods into one country from another illegally

9. a poacher         i) hunts illegally on somebody else's land

10.a racketeer     j) makes false money or documents

11.a smuggler      k) a soldier who leaves the armed forces without permission

12.a terrorist        1) causes damage or disturbance in public places

16. Choose the right answer:

1. The spy.....the desk in an attempt to find the secret documents.

a) invaded b) kidnapped c) looted d) ransacked

2. The safe deposit box.....a high-pitched sound when it was moved.

a) ejected b) emitted c) expelled d) excluded

3. He.....his fist and threatened to hit me.

a) clenched b) clutched c) grabbed d) gripped

4. Thieves got away with a.....of jewellery worth thousands of pounds.

a) catch b) haul c) loot d) snatch

5. The burglar's presence was betrayed by a.....floorboard.

a) cracking b) creaking c) crunching d) groaning

6. Smugglers consistently.....import regulations.

a) break b) flaunt c) float d) flout

7. Luckily my wallet was handed in to the police with its contents......

a) contained b) intact c) missing d) preserved

8. The intruder was badly.....by the guard dog in the palace garden.

a) damaged b) eaten c) mauled d) violated

9. When the police examined the house they found that the lock had been ….. with.

a) broken b) hindered c) tampered d) touched

10. The hooligan.....the money out of my hand and ran away.

a) clutched b) gripped  c) snatched d) withdrew

17. Here is the story of a very unfortunate, irresponsible man called Mr. N.E. Body. Imagine that he was stopped by the police at each and every point of the drama. Read about what happened and, after each piece of information you receive, decide what punishment he deserves:

1. Mr. Body drank five pints of beer and five single whiskies in a pub, got into his car and drove away.

2. He did not drive dangerously but exceeded the speed limit as he wanted to catch up with a friend who had left his wallet in the pub.

3. As he was driving along, a little girl ran into the road and he knocked her down.

4. There was no way he could have stopped, drunk or sober.

5. The little girl suffered only bruises and superficial injuries.

6. Mr. Body's wife had left him two days before.

7. Six months later, it was clear that the little girl was to suffer from after-effects of the accident and would stutter for many years.

8. Mr. Body had never previously received any summons for traffic offences.

9. The little girl admitted that it was all her fault..

10. The passenger in Mr. Body's car was killed outright as he went through the windscreen.

18. Read and translate Text 4:

The legal profession

There are two distinct kinds of lawyer in Britain. One of these is a solicitor. Everybody who needs a lawyer has to go to one of these. They handle most legal matters for their clients, including the drawing up of documents (such as wills, divorce papers and contracts), communicating with other parties, and presenting their clients' cases in magistrates' courts. However, only since 1994 have solicitors been allowed to present cases in higher courts. If the trial is to be heard in one of these, the solicitor normally hires the services of the other kind of lawyer — a barrister. The only function of barristers is to present cases in court.

The training of the two kinds of lawyer is very different. All soli­citors have to pass the Law Society exam. They study for this exam while 'articled' to established firms of solicitors where they do much of the everyday junior work until they are qualified. Barristers have to attend one of the four Inns of Court in London. These ancient institutions are modelled somewhat on Oxbridge col­leges. After four years, the trainee barristers then sit exams. If they pass, they are 'called to the bar' and are recognized as barristers. However, they are still not allowed to present a case in a crown court. They can only do this after several more years of association with a senior barrister, after which the most able of them apply to 'take silk'. Those whose applications are accepted can put the letters QC (Queen's Counsel) after their names.

Neither kind of lawyer needs a university qualification. The vast majority of barristers and most solicitors do in fact go to university, but they do not necessarily study law there. This arrangement is typically British.

The different styles of training reflect the different worlds that the two kinds of lawyer live in, and also the different skills that they develop. Solicitors have to deal with the realities of the everyday world and its problems. Most of their work is done away from the courts. They often become experts in the details of particular areas of the law. Barristers, on the other hand, live a more rarefied existence. For one thing, they tend to come from the upper strata of society. Furthermore, their protection from everyday realities is increased by certain legal rules. For example, they are not supposed to talk to any of their clients, or to their client's witnesses, except in the presence of the solicitor who has hired them. They are experts on general principles of the law rather than on details, and they acquire the special skill of eloquence in public speaking. When they present a case in court, they, like judges, put on the archaic gown and wig which, it is supposed, emphasize the impersonal majesty of the law.

It is exclusively from the ranks of barristers that judges are appointed. Once they have been appointed, it is almost impossible for them to be dismissed. The only way that this can be done is by a resolution of both Houses of Parliament, and this is something that has never happened. Moreover, their retiring age is later than in most other occupations. They also get very high salaries. These things are considered necessary in order to ensure their independence from interference, by the state or any other party. However, the result of their background and their absolute security in their jobs is that, although they are often people of great learning and intelligence, some judges appear to have difficulty understanding the problems and circumstances of ordinary people, and to be out of step with general public opinion. The judgements and opinions that they give in court sometimes make the headlines because they are so spectacu­larly out of date. (The inability of some of them to comprehend the meaning of racial equality is one example.)

19. Answer the questions:

1. What are the solicitor’s duties?

2. What is the barrister’s function?

3.  What are the four Inns of Court in London?

4. What do the letters QC mean?

5. What do solicitors and barristers deal with?

6. Why do barristers wear a gown and wig in court?

7. What facts have you learnt about judges in Great Britain? What can you say about judges in Russia?

8. Why do the judgements and opinions that British judges give in court sometimes make the headlines?

20. Find English equivalents in the text:

       Составлять документы; завещание; представлять дело в суде; определенные области законодательства; красноречие; одевать мантию и парик; величие закона; назначать судью; решение обеих Палат Парламента; пенсионный возраст; вмеша­тельство государства; расходиться с мнением общественности; устаревшее сужде­ние; расовое равенство.

Choose the right answer.

1. The.....sentenced the accused to 15 years in prison.

a) barrister b) counsel c) judge d) solicitor

2. If you can't resolve the dispute, it will have to be settled by......

a) arbitration b) court c) election d) referee

3. His comments.....little or no relation to the facts of the case.

a) bear b) give c) possess d) reflect

4. They all thought he was guilty, but no one could.....anything against him.

a) accuse b) ensure c) point d) prove

5. It has been decided to hold a Public.....into the cause of the accident.

a) Autopsy b) Examination c) Inquiry d) Interrogation

6. To protect victims of blackmail their names are often.....in court.

a) covered b) erased c) hidden d) not given

7. The youth involved in the disturbance at the demonstration made a(n).....to the police.

a) account b) notice c) statement d) summary

8. I.....to say anything unless I am allowed to speak to my solicitor.

a) deny b) neglect c) refuse d) resist

9. I should like to call two.....who can testify on my client's behalf.

a) witnesses b) onlookers c) passers-by d) spectators

10.You are surely not suggesting that these.....young children could have planned such an evil deed.

a) innocent b) lovely c) natural d) pure

11. The case against Mary Wrongdoer was.....for lack of evidence.

a) discarded b) dismissed c) refused d) resigned

12. The new law comes into.....on May 15.

a) condition b) date c) force d) power

13. The.....question in this case is whether the accused had a motive for this crime or not.

a) crucial b) forcible c) supreme d) valuable

14. The driver admitted that the accident was partly his own......

a) blame b) cause c) evil d) fault

15. In fact, the murderer was.....from the country before extradition proceedings could be started.

a) barred b) deported c) exported d) interned

16. The suspect man has a.....on his right cheek.

a) point b) scar c) sign d) trace

17. It is a criminal offence to.....the facts.

a) express b) oppress c) repress d) suppress

18. After a close cross-examination, the barrister was.....his client was telling the truth.

a) content b) glad  c) happy d) satisfied

19. At the end of the trial he was.....of murder.

a) condemned b) convicted c) convinced d) penalized

20. All ….. barristers are expected to study at the Inns of Court.

       a) hopeful b) prospective     c) willing  d) wishful

22. Choose the correct verb to fill the gaps in this paragraph. Use each verb once only and put it in the correct form:

Break        introduce             obey

Observe    uphold                  enforce

Respect    act                         pass

In law-abiding societies ordinary citizens are usually happy to 1….. or 2….. the law. But there are rather different societies where most people feel that it is not such a serious matter to 3….. the law. In such places, people do not seem to 4….. the law and even the most honest of citizens does not expect always to 5….. within it. The rulers of such societies have no difficulty in 6….. or 7….. new laws but the police have considerable problems when it comes to 8….. or 9….. those laws.

23. Match the headlines from a local newspaper with the first lines of their stories:

1. Juvenile crime rising           4. Police target vehicle theft

2. Drug abuse scandal             5. Pensioner robbed

3. Petty crime continues         6. Crime figures out today

a) 80-year-old Marianne Roberts had her house broken into and some money and jewellery stolen while she was asleep in front of the TV last night.

b) An increasing number of young people are getting involved in criminal activity according to a report published yesterday.

c) So many cars have recently been stolen in the city that the police are launching a special campaign to tackle the problem.

d) A detailed report on crime in the UK is to be published later today.

e) Small-scale robberies remain a significant problem in this area and police are concerned that the problem may soon become more serious.

f) A number of TV celebrities have been named as having attended a party where illegal drugs were being openly used.

24. Translate into English:

Министерство юстиции

В действительности, в Великобритании не существует Министерства юстиции. Обязанности, которые возложены на Министерство юстиции в других странах, разделены между несколькими ветвями власти. В частности, Министерство внутренних дел отвечает за содержание тюрем и осуществляет надзор за полицией. На офис Лорда-Канцлера возложены обязанности по назначению судей.

Законодательная система в Шотландии

В Шотландии существует собственная законодательная система, отдельная от Великобритании. Она опирается на Римское и Голландское законодательства. Заметным отличием является то, что суд может вынести не два, а три решения. Помимо вердиктов «виновен» и «невиновен», суд присяжных может вынести решение «не доказано». Это означает, что обвиняемый не может быть приговорен к какому-либо наказанию, но и не оправдан полностью.