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Just English. Английский для юристов

Reproduce the contexts in which they were used. Make up your own sentences with these words.
TASK 5. Answer the following questions:
1. What concepts formed the basis of the earliest criminological theories? 2. How did the biological theories develop?
3. What was Montesquieu's approach to causes of crime?
4. What views on crime predominated in the 19th century?
5. How did criminological theories develop in the 20th century?
6. What is the relationship between the mental and emotional state of a person and his or her inclinations to crime?
7. What are the latest views on the causes of crime?
TASK 6. Render the following passage into English paying special attention to the words and expressions in bold type:
Преступность и ее причины
Преступность и ее причины могут быть изучены на индиви­дуальном, групповом и социальном уровнях. Им, следовательно, могут быть даны психологическое, социологическое и философ­ское объяснения. Эти объяснения не противоречат друг другу, а дополняют одно другое, позволяя проанализировать причины преступности с различных сторон.
Рассматривая эту проблему на индивидуальном уровне, можно обозначить причины преступности как конфликт поведе­ния человека с социальной средой.
Когда человек попадает в проблемную ситуацию, он часто не находит решения возникших сложностей и выбирает преступ­ный путь.
Но возникает естественный вопрос: а почему личность фор­мируется таким образом? И почему возникают проблемные ситу­ации, ставящие человека перед трудным выбором? Ответить на эти вопросы невозможно, если не обратиться к изучению совре­менного общества. При этом очевидно, что в качестве причин преступности выступают и социально-экономические, и полити­ческие, и духовные факторы, тесно связанные друг с другом.
Обстоятельствами, ведущими к преступному поведению, считаются: антиобщественное поведение родителей; алкоголизм и нервно-психические заболевания родителей; низкий уровень культуры в семье.
Негативными особенностями личности и поведения считают­ся: прежняя судимость; совершение иных противоправных пос­тупков; негативное отношение к нравственным ценностям; злоб­ность, грубость и мстительность; пьянство, употребление нарко­тиков, азартные игры.
Итак, после того, как мы узнали о криминологии достаточно многое, нетрудно заключить, что преступность может возникнуть на основе взаимодействия личности и социальной среды.
All criminals are perverse people!
Prepare your arguments for or against the statement above. Use the active vocabulary from the Unit. Divide into two groups — pro and con, and conduct a debate. Appoint the 'Chair' of the debate who will give the floor to the speakers of both teams.
In your opinion, what does 'punishment' mean? What kinds of punishment do you know?
TASK 1. Read the text and write down Russian equivalents for the words in bold type:
Punishment describes the imposition by some authority of a deprivation — usually painful — on a person who has violated a law, a rule, or other norm. When the violation is of the criminal law of society there is a formal process of accusation and proof followed by imposition of a sentence by a designated official,
Just English. Английский для юристов
Chapter II. Crime and Punishment

usually a judge. Informally, any organised group — most typically the family, may punish perceived wrongdoers.
Because punishment is both painful and guilt producing, its application calls for a justification. In Western culture, four basic justifications have been given: retribution, deterrence, rehabilitation, and incapacitation. Most penal historians note a gradual trend over the last centuries toward more lenient sentences in Western countries. Capital and corporal punishment, widespread in the early 19th century, are seldom invoked by contemporary society. Indeed, in the United States corporal punishment as such appears to be contrary to the 8th Amendment's restrictions on cruel and unusual punishment. Yet the rate of imprisonment in the United States appears to be growing. Furthermore, since the mid-1970s, popular and professional sentiment has taken a distinctly punitive turn and now tends to see retribution and incapacitation — rather than rehabilitation — as the goals of criminal punishment.
Criminal sentences ordinarily embrace four basic modes of punishment. In descending order of severity these are: incarceration, community supervision, fine, and restitution. The death penalty is now possible only for certain types of atrocious murders and treason.
Punishment is an ancient practice whose presence in modern cultures may appear to be out of place because it purposefully inflicts pain. In the minds of most people, however, it continues to find justification.
TASK 2. Explain the meaning of the following words and expressions: authority, authorities community supervision deterrence fine incapacitation incarceration
TASK 3. The word PUNITIVE has the following meanings in Russian:
1) связанный с применением наказания punitive article — статья, устанавливающая уголовную санк­цию
2) карательный; штрафной punitive action — карательная мера, карательная акция
Match the following English expressions with their Russian equivalents:

1) punitive sentencing
карательная мера
punitive institution b) карательное воздействие
punitive justice c) карательное правосудие
punitive law d) карательное учреждение
punitive legislation e) лишение свободы как кара
punitive measure за совершённое преступление
punitive treatment f) уголовное законодательство

g) уголовный закон
TASK 4. Point out the main ideas of the text in Task 1. Make a list of them.
TASK 5. Work in teams and write down false statements based on the text in Task 1 (no fewer than 6 statements). Present them in class. Use the information from the text in Task 1 to refute the other team's false statements.
TASK 6. Complete the following text with the words and expressions from the box:
From the History of Punishment felons; offender; beheading; adultery; pillory; punishment; execution; deliberately; condemned; ancient; medieval; guilty; legal; public has been both painful and in order to act as deterrent to others. Physical punishments and public humiliations were social events and carried out in most accessible parts of towns, often on market days when the greater part of the population were present. Justice had to be seen to be done.
One of the most bizarre methods of was inflicted in ancient Rome on people found of murdering their fathers.
Just English. Английский для юристов
Chapter II. Crime and Punishment

Their punishment was to be put in a sack with a rooster, a viper, and a dog, then drowned along with the three animals.
In Greece the custom of allowing a man to end his own life by poison was extended only to full citizens. The philosopher Socrates died in this way. Condemned slaves were beaten to death instead. Stoning was the ancient method of punishment for among other crimes.
In Turkey if a butcher was found guilty of selling bad meat, he was tied to a post with a piece of stinking meat fixed under his nose, or a baker having sold short weight bread could be nailed to his door by his ear.
One of the most common punishments for petty offences was the, which stood in the main square of towns. The was locked by hands and head into the device and made to stand sometimes for days, while crowds jeered and pelted the offender with rotten vegetables or worse.
In Europe some methods of execution were drawn out to inflict maximum suffering.were tied to a heavy wheel and rolled around the streets until they were crushed to death. Others were strangled, very slowly. One of the most terrible punishments was hanging and quartering. The victim was hanged, beheaded and the body cut into four pieces. It remained a method of punishment in Britain until 1814. was normally reserved for those of high rank. In England a block and axe was the common method but this was different from France and Germany where the victim kneeled and the head was taken off with a swing of the sword.
TASK 7. Answer the following questions:
1. Why did ancient punishment have to be painful?
2. What was the purpose of making punishments public?
3. What was the symbolic meaning of the punishment inflicted on the parents' murderers?
4. What punishments were most common in the East?
5. How did punishments reflect social status?
It's Interesting to Know Joseph Ignace Guillotin
A doctor and member of the French Legislative Assembly, he suggested the use of the guillotine for executions in 1789. A physician and humanitarian, Guillotine was disturbed by vulgarity of public executions and petitioned for a single method of capital punishment to be used for all crimes demanding the death sentence. The guillotine consists of a heavy blade with a diagonal edge, which falls between two upright posts to cut off the victim's head cleanly and quickly. Similar machines had been used in various other countries including Scotland and Italy. The main idea was to make execution as quick and painless as possible. The first person executed by guillotine was the highwayman Pelletier in 1792, but the machine came into its own in 1793, during the Reign of Terror following the French Revolution, when aristocrats were guillotined by the hundred. The device was nicknamed 'Madame Guillotine' after its sponsor.
Charles Lynch
Captain Charles Lynch, of Virginia, author of the infamous lynch law, will forever be linked with 'vigilante justice'. Lynch decided that he and his neighbours were too far from lawmakers and sheriffs to punish properly the vandals and robbers terrorizing the rural area. He encouraged the fellow citizens to sign a declaration he drafted, announcing the intention to 'take matters in their own hands'. "If they (criminals) do not desist from their evil practices, we will inflict such corporal punishment on them, as to us shall seem adequate to the crime committed or the damage sustained."
Although the death penalty was not always exacted, in most cases the punishment turned out to be hanging. In addition to the fact that many innocent victims suffered lynching, a certain amount of guilt among the lynchers can be ascertained by the very technique for hanging criminals.
Lynch and his cohorts practiced a form of passive hanging. A rope was tied around a tree and the condemned man placed on a horse with the other side of the rope strung snugly around his neck. So the criminal was killed not by the captors tightening the noose, but the whim of the horse. When the horse moved far enough away from the tree, the rope choked the horseman.
Just English. Английский для юристов

Chapter II. Crime and Punishment
TASK 2. Name the main purposes of State Punishment as mentioned
\ in the text. Learn the text by heart.

How do you understand the purpose of State Punishment? In your opinion, how should State Punishment be organised?
TASK 1. Explain the meaning of the words and expressions from the box. Complete the following text using these words and expressions: wrongdoer; misdeeds; deterrent; retribution; death penalty; corporal punishment; rehabilitate; reform; barbaric; law-abiding; humane; crime doesn't pay
What is the purpose of punishment? One purpose is obviously to the offender, to correct the offender's moral attitudes and anti-social behaviour and to him or her, which means to assist the offender to return to normal life as a useful member of the community.
Punishment can also be seen as a because it warns other people of what will happen if they are tempted to break the law and prevents them from doing so. However, the third purpose of punishment lies, perhaps, in society's desire for , which basically means revenge. In other words, don't we feel that a should suffer for his ?
The form of punishment should also be considered. On the ope hand, some believe that we should "make the punishment fit the crime". Those who steal from others should be deprived of their own property to ensure that criminals are left in no doubt that . For those who attack others should be used. Murderers should be subject to the principle "an eye for an eye and a tooth for a tooth" and automatically receive the .
On the other hand, it is said that such views are unreasonable, cruel and and that we should show a more attitude to punishment and try to understand why a person commits a crime and how society has failed to enable him to live a respectable,life. UNIT 6. TREATMENT OF CRIMINALS
TASK 1. Match the following headings with the sections of the text below:
Rehabilitative programs Psychiatric and case-study methods Bentham approach Neoclassical school Preventive approach
(1) Various correctional approaches developed in the wake of causation theories. The old theological and moralistic theories encouraged punishment as retribution by society for evil. This attitude, indeed, still exists. The 19th-century British jurist and philosopher Jeremy Bentham tried to make the punishment more precisely fit the crime. Bentham believed that pleasure could be measured against pain in all areas of human choice and conduct and that human happiness could be attained through such hedonic calculus. He argued that criminals would be deterred from crime if they knew, specifically, the suffering they would experience if caught. Bentham therefore urged definite, inflexible penalties for each class of crime; the pain of the penalty would outweigh only slightly the pleasure of success in crime; it would exceed it sufficiently to act as a deterrent, but not so much as to amount to wanton cruelty. This so-called calculus of pleasures and pains was based on psychological postulates no longer accepted.
(2) The Bentham approach was in part superseded in the late 19th and early 20th centuries by a movement known as the neoclassical school. This school, rejecting fixed punishments, proposed that sentences vary with the particular circumstances of a crime, such as the age, intellectual level, and emotional state of the offender; the motives and other conditions that may have incited to crime; and the offender's past record and chances of rehabilitation. The mfluence of the neoclassical school led to the development of such concepts as grades of crime and punishment, indeterminate sentences, and the limited responsibility of young or mentally deficient offenders.

Just English. Английский для юристов
(3) At about the same time, the so-called Italian school stressed measures for preventing crime rather than punishing it. Members of this school argued that individuals are shaped by forces beyond their control and therefore cannot be held fully responsible for their crimes. They urged birth control, censorship of pornographic literature, and other actions designed to mitigate the influences contributing to crime. The Italian school has had a lasting influence on the thinking of present-day criminologists.
(4) The modern approach to the treatment of criminals owes most to psychiatric and case-study methods. Much continues to be learned from offenders who have been placed on probation or parole and whose behavior, both in and out of prison, has been studied intensively. The contemporary scientific attitude is that criminals are individual personalities and that their rehabilitation can be brought about only through individual treatment. Increased juvenile crime has aroused public concern and has stimulated study of the emotional disturbances that foster delinquency. This growing understanding of delinquency has contributed to the understanding of criminals of all ages.
(5) During recent years, crime has been under attack from many directions. The treatment and rehabilitation of criminals has improved in many areas. The emotional problems of convicts have been studied and efforts have been made to help such offenders.
Much, however, remains to be done. Parole boards have engaged persons trained in psychology and social work to help convicts on parole or probation adjust to society. Various states have agencies with programs of reform and rehabilitation for both adult and juvenile offenders.
Many communities have initiated concerted attacks on the conditions that breed crime. Criminologists recognise that both adult and juvenile crime stem chiefly from the breakdown of traditional social norms and controls, resulting from industrialization, urbanization, increasing physical and social mobility, and the effects of economic crises and wars. Most criminologists believe that effective crime prevention requires community agencies and programs to provide the guidance and control performed, ideally and traditionally, by the family and by the force of social custom. Although the crime rate has not drastically diminished as a result of these efforts, it is hoped that the extension and improvement of all valid approaches to prevention of crime eventually will reduce its incidence.

Chapter II. Crime and Punishment
TASK 2. Write down the translation of the sentences from the text above given in bold type.
TASK 3. Find in the text the English equivalents for the following words and expressions:
1. бессмысленная жестокость
2. досрочное освобождение
3. задержание, арест
4. общественные организации
5. ограниченная ответственность
6. освобождение на поруки
7. порождать преступление
8. преступления, совершенные несовершеннолетними
9. привлекать внимание общественности

10. совет по условно-досрочному освобождению
11. упадок традиционных общественных норм
Using the information and facts from the Unit discuss the following:
Greater public understanding of the crime problem is important for the apprehension and conviction of criminals, their rehabilitation, and the prevention of crime.
Awareness by the criminal of a high probability of arrest is the most effective deterrent to crime.
The emotional problems of convicts should be given special consideration. Crime stems from the breakdown of traditional social norms.
Family and social control are the most effective means of crime prevention.
In recent years public has demanded longer and hasher sentences for offenders.
TASK 4. Give Russian equivalents for the following general types of punishment. Put them in descending order of severity.
Capital punishment
Community service
Disciplinary training in a detention centre
Fixed penalty fine
Just English. Английский для юристов
Chapter II. Crime and Punishment

Life imprisonment
Short-term imprisonment
Suspended sentence
Long-term imprisonment
TASK 5. Study the following list of offences. Rate them on a scale from 1 to 10 (1 is a minor offence, 10 is a very serious crime). They are in no particular order. You don't have to apply your knowledge of existing laws — your own opinion is necessary:
П driving in excess of the speed limit
□ common assault (e.g. a fight in a disco-club)
П drinking and driving
П malicious wounding (e.g. stabbing someone in a fight) murdering a policeman during a robbery murdering a child
□ causing death by dangerous driving
П smoking marijuana
П selling drugs (such as heroin)
□ stealing £1,000 from a bank by fraud
П stealing £1,000 worth of goods from someone's home
П rape i
П grievous bodily harm (almost killing someone)
О shop-lifting
LT stealing £1,000 from a bank by threatening someone with a gun
П possession of a gun without a licence
TASK 6. Which of the sentences listed in Task 4 fit the offences in Task 5? Give your reasons.
TASK 7. Study the authentic cases given below. Discuss each case in class and decide the following:
1. Was justice done?
2. If you were the judge, what other facts and circumstances would you like to know?
3. If you were the judge, would you give a different sentence?
4. Would you choose a lighter sentence, or a more severe one?
5. How would you have felt if you had been the victim of the crime? 6. How would you have felt if you had been the defendant?
In 1981 Marianne Bachmeir, from Lubeck, West Germany, was in court watching the trial of Klaus Grabowski, who had murdered her 7 year-old daughter. Grabowski had a history of attacking children. During the trial, Frau Bachmeir pulled a Beretta 22 pistol from her handbag and fired eight bullets, six of which hit Grabowski, killing him. The defence said she had bought the pistol with the intention of committing suicide, but when she saw Grabowski in court she drew the pistol and pulled the trigger. She was found not guilty of murder, but was given six years imprisonment for manslaughter. West German newspapers reflected the opinion of millions of Germans that she should have been freed, calling her 'the avenging mother'.
Crime of Passion
Bernard Lewis, a thirty-six-old man, while preparing dinner became involved in an argument with his drunken wife. In a fit of a rage Lewis, using the kitchen knife with which he had been preparing the meal, stabbed and killed his wife. He immediately called for assistance, and readily confessed when the first patrolman appeared on the scene with the ambulance attendant. He pleaded guilty to manslaughter. The probation department's investigation indicated that Lewis was a rigid individual who never drank, worked regularly, and had no previous criminal record. His thirty-year-old deceased wife, and mother of three children, was a 'fine girl' when sober but was frequently drunk and on a number of occasions when intoxicated had left their small children unattended. After due consideration of the background of the offence and especially of the plight of the three motherless youngsters, the judge placed Lewis on probation so that he could work, support and.take care of the children. On probation Lewis adjusted well, worked regularly, appeared to be devoted to the children, and a few years later was discharged as 'improved' from probation.
In 1952 two youths in Mitcham, London, decided to rob a dairy. They were Christopher Craig, aged 16, and Derek William Bentley, 19. During the robbery they were disturbed by Sydney Miles, a policeman. Craig produced a gun and killed the policeman. At that time Britain still had the death penalty for certain types of murder, including murder during a robbery. Because Craig was

Just English. Английский для юристов under 18, he was sentenced to life imprisonment. Bently who had never touched the gun, was over 18. He was hanged in 1953. The case was quoted by opponents of capital punishment, which was abolished in 1965.
In 1976 a drunk walked into a supermarket. When the manager asked him to leave, the drunk assaulted him, knocking out a tooth. A policeman who arrived and tried to stop the fight had his jaw broken. The drunk was fined 10 pounds.
In June 1980 Lady Isabel Barnett, a well-known TV personality was convicted of stealing a tin of tuna fish and a carton of cream, total value 87p, from a small shop. The case was given enormous publicity. She was fined 75 pounds and had to pay 200 pounds towards the cost of the case. A few days later she killed herself.
This is an example of a civil case rather than a criminal one. A man had taken out an insurance policy of 100,000 pounds on his life. The policy was due to expire at 3 o'clock on a certain day. The man was in serious financial difficulties, and at 2.30 on the expire day he consulted his solicitor. He then went out and called a taxi. He asked the driver to make a note of the time, 2.50. He then shot himself. Suicide used not to cancel an insurance policy automatically. (It does nowadays.) The company refused to pay the man'3 wife, and the courts supported them.
An eye for an eye and a tooth {or a tooth.
Judge not least you be judged.
Everyone deserves a second chance.
Justice is nothing unless it is tempered with mercy.
Prepare your arguments for or against the statements above. Use the active vocabulary from the Unit. Divide into two groups — pro and con, and conduct a debate. Appoint the 'Chair' of the debate who will give the floor to the speakers of both teams.

Chapter II. Crime and Punishment
TASK 1. Match the following headings with the sections of the text below:
Moral aspect
(1) Capital punishment is a legal infliction of the death penalty, in modern law, corporal punishment in its' most severe form. The usual alternative to the death penalty is long-term or life imprisonment.
The earliest historical records contain evidence of capital punishment. It was mentioned in the Code of Hammurabi. The Bible prescribed death as the penalty for more than 30 different crimes, ranging from murder to fornication. The Draconian Code of ancient Greece imposed capital punishment for every offence.
In England, during the reign of William the Conqueror, the death penalty was not used, although the results of interrogation and torture were often fatal. By the end of the 15th century, English law recognised six major crimes: treason, murder, larceny, burglary, rape, and arson. By 1800, more than 200 capital crimes were recognised, and as a result, 1000 or more persons were sentenced to death each year (although most sentences were commuted by royal pardon). In early American colonies the death penalty was commonly authorized for a wide variety of crimes. Blacks, whether slave or free, were threatened with death for many crimes that were punished less severely when committed by whites.
Efforts to abolish the death penalty did not gather momentum until the end of the 18th century. In Europe, a short treatise, On Crimes and Punishments, by the Italian jurist Cesare Beccaria, inspired influential thinkers such as the French philosopher Voltaire to oppose torture, flogging, and the death penalty.
The abolition of capital punishment in England in November 1965 was welcomed by most people with humane and progressive ideas. To them it seemed a departure from feudalism, from the cruel pre-Christian spirit of revenge: an eye for an eye and a tooth for a tooth. Many of these people think differently now. Since the abolition of capital punishment crime — and especially murder — has been on increase throughout Britain. Today, therefore, public opinion in Britain has changed People who before, also in Parliament,
Just English. Английский для юристов
Chapter II. Crime and Punishment

stated that capital punishment was not a deterrent to murder — for there have always been murders in all countries with or without the law of execution — now feel that killing the assassin is the lesser of two evils. Capital punishment, they think, may not be the ideal answer, but it is better than nothing, especially when, as in England, a sentence of life imprisonment only lasts eight or nine years.
(2) The fundamental questions raised by the death penalty are whether it is an effective deterrent to violent crime, and whether it is more effective than the alternative of long-term imprisonment.
DEFENDERS of the death penalty insist that because taking an offender's life is a more severe punishment than any prison term, it must be the better deterrent. SUPPORTERS also argue that no adequate deterrent in life imprisonment is effective for those already serving a life term who commit murder while being in prison, and for revolutionaries, terrorists, traitors, and spies.
In the U.S. those who argue against the death penalty as a deterrent to crime cite the following: (.1) Adjacent states, in which one has a death penalty and the other does not, show no significant differences in the murder rate; (2) states that use the death penalty seem to have a higher number of homicides than states that do not use it; (3) states that abolish and then reintroduce the death penalty do not seem to show any significant change in the murder rate; (4) no change in the rate of homicides in a given city or state seems to occur following an expository execution.
In the early 1970s, some published reports showed that each execution in the U.S. deterred eight or more homicides, but subsequent research has discredited this finding. The current prevailing view among criminologists is that no conclusive evidence exists to show that the death penalty is a more effective deterrent to violent crime than long-term imprisonment.
(3) The classic moral arguments in favor of the death penalty have been biblical and call for retribution "Whosoever sheds man's blood, by man shall his blood be shed" has usually been interpreted as a divine warrant for putting the murderer to death. "Let the punishment fit the crime" is its secular counterpart; both statements imply that the murderer deserves to die. DEFENDERS of capital punishment have also claimed that society has the right to kill in defence of its members, just as the individual may kill in self- defence. The analogy to self-defence, however, is somewhat doubtful, as long as the effectiveness of the death penalty as a deterrent to violent crimes has not been proved.
The chief objection to capital punishment has been that it is always used unfairly, in at least three major ways. First, women are rarely sentenced to death and executed, even though 20 per cent of all homicides in recent years have been committed by women. Second, a disproportionate number of non-whites are sentenced to death and executed. Third, poor and friendless defendants, those with inexperienced or court-appointed attorney, are most likely to be sentenced to death and executed. DEFENDERS of the death penalty, however, have insisted that, because none of the laws of capital punishment causes sexist, racist, or class' bias in its use, these kinds of discrimination are not a sufficient reason for abolishing the death penalty. OPPONENTS have replied that the death penalty can be the result of a mistake in practice and that it is impossible to administer fairly.
TASK 2. Find in the text the English equivalents for the following words and expressions related to punishment:
1. возмездие
2. долгосрочное тюремное заключение
3. допрос
4. отбыть срок в тюрьме
5. отмена смертной казни
6. пожизненное тюремное заключение
7. показательная казнь
8. приговаривать к смерти
9. пытка

10. смягчить приговор
11. телесные наказания
TASK 3. Translate the following passage into English paying special attention to the words in bold type:
На протяжении веков смертная казнь назначалась за самые разные виды преступлений. В средние века человека могли каз­нить за хищение имущества, изнасилование и даже поджог. Государственная измена была и остается во многих странах пре­ступлением, наказуемым смертной казнью. Существует мнение, что даже долгосрочное или пожизненное тюремное заключение является бессмысленным наказанием для так называемых 'идео-

58 логических' преступников: предателей, шпионов, террористов. Смертная казнь для такого рода преступников — меньшее из двух зол.
TASK 4. Answer the following questions:
1. Why was capital punishment imposed so frequently in ancient societies? 2. Why were blacks punished more severely than whites in early
American colonies?
3. When did European thinkers begin considering the alternatives to death penalty?
4. How have the attitudes towards capital punishment changed in Britain since the abolition of death penalty in 1965?
5. Is imprisonment effective for revolutionaries and terrorists?
6. How have Americans treated the problem of death penalty?
7. What factors may hamper fair administration of justice in capital cases?
TASK 5. Continue the table below with the following words and expressions describing polar views. The first few are done for you:

proponent to argue in favour of smth. opponent to argue against smth. con defender pro supporter to accept smth. to admit smth. to agree to/with smth. to confirm smth.


. "An eye for an eye and a
"An eye for an eye and

tooth for a tooth!" — We

a tooth for a tooth!" — This

should admit this Biblical

is a cruel pre-Christian spirit

principle. It is eternal!....

of revenge. We are civilized

now — let's give it up and

be humane!....
"Let the punishment fit the
"Let the punishment fit the

crime." — Those who steal

crime." — We can not accept

should be deprived of their

fixed punishments for crimes.

property those who kill

Circumstances should be

should be deprived of their

taken into account.

own lives!....

"The pain of the penalty

should outweigh only slightly

the pleasure of success in


J. Bentham


"It is much more prudent

to acquit two persons, though

actually guilty, than to pass a

sentence of condemnation on

one that is virtuous and


"The primary purpose of the

punishment which society

inflicts is to redress the

disorder caused by the


Pope John Paul II


"An evil deed is not

redeemed by an evil deed


of retaliation."

С S. King
"Whosoever sheds man's

blood, by man shall his blood

be shed."

Just English. Английский для юристов
Chapter II. Crime and Punishment

Describe the current attitudes to the following problems using the expressions from Task 5. Make up no fewer than 5 sentences.
International terrorism
Artificial intelligence
Political correctness
Just for Fun
Murder is always a mistake... One should never do anything that one cannot talk about after dinner.
Oscar Wilde
A man sentenced to death was being taken to the execution place in very nasty weather.
"What lousy weather", he remarked.
"You are not the one to grumble", commented one of the escort.
"We've got yet to go back".
Perhaps all criminals should be required to carry cards which read: "Fragile: Handle With Care". It will never do, these days, to go around referring to criminals as violent thugs. You must refer to them politely as 'social misfits'. The professional killer who wouldn't think twice about'using his cosh or crowbar to batter some harmless old lady to death in order to rob her of her meagre life-savings must never be given a dose of his own medicine. He is in need of 'hospital treatment'. According to his misguided defenders, society is to blame. A wicked society breeds evil — or so the argument goes. When you listen to this kind of talk, it makes you wonder why we aren't, all criminals. We have done away with the absurdly harsh laws of the nineteenth century and this is only right. But surely enough is enough. The most senseless piece of criminal legislation in Britain and a number of other countries has been the suspension of capital punishment.
The violent criminal has become a kind of hero-figure in our time. He is glorified on the screen; he is pursued by the press and paid vast sums of money for his 'memoirs'. Newspapers which specialise in crime-reporting enjoy enormous circulations and the publishers of trashy cops and robbers stories or 'murder mysteries' have never had it so good. When you read about the achievements of the great train robbers, it makes you wonder whether you are reading about some glorious resistance movement. The hardened criminal is cuddled and cosseted by the sociologists on the one hand and adored as a hero by the masses on the other. It's no wonder he is a privileged person who expects and receives VIP treatment wherever he goes.
Capital punishment used to be a major deterrent. It made the violent robber think twice before pulling the trigger. It gave the cold-blooded poisoner something to ponder about while he was shaking up or serving his arsenic cocktail. It prevented unarmed policemen from being mowed down while pursuing their duty by killers armed with automatic weapons. Above all, it protected the most vulnerable members of society, young children, from brutal sex-maniacs. It is horrifying to think that the criminal can literally get away with murder. We all know that 'life sentence' does not mean what it says. After ten years or so of 'good conduct', the most desperate villain is free to return to society where he will live very comfortably, thank you, on the proceeds of his crime, or he will go on committing offences until he is caught again. People are always willing to hold liberal views at the expense of others. It's always fashionable to pose as the defender of the under-dog, so long as you, personally, remain unaffected. Did the defenders of crime, one
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Chapter II. Crime and Punishment

wonders, in their desire for fair-play, consult the victims before they suspended capital punishment? Hardly. You see, they couldn't, because all the victims were dead.
TASK 1. Explain the meaning of the following words and expressions: i

a brutal sex-maniac
• to batter a cold-blooded poisoner
• to breed evil a desperate villain
• to cosset a hardened criminal
• to cuddle a professional killer
• to deter criminals
'a social misfit'
• to do away with a train robber
• to get away with murder a violent criminal
• to go on committing a violent robber offences a violent thug
• to mow down

• to pull the trigger

• to rob

• to think twice
TASK 2. Study the following key phrases from the text above. Reproduce the text using these key phrases:
1. Criminals should carry cards: "Fragile: Handle With Care".
2. We mustn't refer to them as thugs, but as social misfits.
3. Killer who murders old lady for savings needs 'hospital treatment'. 4. "Society is to blame" argument — why aren't we all criminals? 5. We have done away with absurdly harsh laws: that's enough.
6. Suspension of capital punishment: senseless.
7. Violent criminal: a hero figure.
8. Glorified on screen and by press.
9. Great demand for crime stories.

10. Train robbers: a glorious resistance movement?
11. Cuddled by sociologists, adored by masses, the criminal is a privileged person.
12. He expects and receives VIP treatment.
13. Capital punishment was once a major deterrent.
14. It protected unarmed policemen, young children.
15. Now the criminal can get away with murder.

16. 'Life sentence': ten years of 'good conduct' and then freedom to live on the proceeds of crime.
17. People hold liberal views at the expense of others.
18. Were victims consulted before suspension of capital punishment? No: they were dead.
TASK 3. Follow the statements given in Task 2. Provide counter­arguments to each statement. Compare your list with those of other students.
TASK 4. Read the text below and write down the main ideas in Russian paying special attention to the words and expressions in bold type. Translate them into English. Use the vocabulary from the Unit to render the text into English:
Пришло время отменить смертную казнь. С каждым годом это становится все более очевидным. Опыт всех стран показыва­ет, что смертная казнь приводит к ожесточению в обществе. В ряде стран смертные приговоры применяются в основном к представителям неимущих слоев населения либо расовых или этнических меньшинств.
В некоторых странах смертная казнь считается мерой, без которой невозможно остановить распространение наркотиков, ликвидировать политический терроризм, экономическую кор­рупцию или искоренить супружескую неверность. Однако нет никаких доказательств, что ее применение способно снизить уровень преступности или политического насилия. Смертную казнь часто используют как средство политических репрессий, а смертные приговоры выносятся и приводятся в исполнение произвольно.
Оправдывая смертную казнь, чаще всего говорят, что она необходима, по крайней мере временно, для блага общества.
Однако имеет ли государство право лишать человека жизни?
Смертная казнь — это предумышленное и хладнокровное убийство человека государством. Само существование этой меры наказания является попранием основных прав человека: меж­дународное право запрещает жестокие, негуманные или унижа­ющие человека наказания.
Многовековой опыт применения высшей меры наказания и научные исследования о взаимосвязи смертной казни и уровня преступности не дали убедительных доказательств, что смерт-

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Chapter II. Crime and Punishment

ная казнь способна эффективно защитить общество от преступности или способствовать правосудию. Ни одна система уголов­ной юстиции не доказала свою способность последовательно и справедливо решать, кто должен жить и кто — умереть. Некото­рым удается избежать смертной казни с помощью квалифици­рованных защитников; другим — потому что их судят мягко­сердечные судьи или присяжные; третьим помогают их полити­ческие связи или положение в обществе.
Существует определенный процент судебных ошибок, последствия которых особенно трагичны при приведении смертно­го приговора в исполнение.
TASK 5. Study the following facts and arguments:
Financial Costs
The death penalty is not now, nor has it ever been, a more economical alternative to life imprisonment. A murder trial normally takes much longer when the death penalty is at issue than when it is not. Litigation costs — including the time of judges, prosecutors, public defenders, and court reporters, and the high costs of briefs — are all borne by the taxpayer.
Inevitability of Error
In 1975, only a year before the Supreme Court affirmed the constitutionality of capital punishment, two African-American men in Florida were released from prison after twelve years awaiting execution for the murder of two white men. Their convictions were the result of coerced confessions, erroneous testimony of an alleged eyewitness, and incompetent defense counsel. Though a white man eventually admitted his guilt, a nine-year legal battle was required before the governor would grant them a pardon. Had their execution not been stayed while the constitutional status of the death penalty was argued in the courts, these two innocent men probably would not be alive today.
The latest mode of inflicting the death penalty, enacted into law by nearly two dozen American states, is lethal injection, first used in Texas in 1982. It is easy to overstate the humaneness and efficacy of this method. There is no way of knowing that it is really painless. As the U.S. Court of Appeals observed, there is "substantial and uncontroverted evidence ... that execution by lethal injection poses a serious risk of cruel, protracted death.... Even a slight error in dosage or administration can leave a prisoner conscious but paralysed while dying, a sentient witness of his or her own asphyxiation."
Gangland killings, air piracy, drive-by shootings, and kidnapping for ransom are among the graver felonies that continue to be committed because some individuals think they are too clever to get caught. Political terrorism is usually committed in the name of an ideology that honors its martyrs; trying to cope with it by threatening terrorists with death penalty is futile.
TASK 6. The following key notes represent the general ideas of the opponents of capital punishment. Use the arguments and examples from Task 5. Write down the complete text using these key notes and present your text in class:
1. We shouldn't be blinded by emotional arguments: glorification of criminal on screen, etc., irrelevant.
2. What are the facts? In Britain capital crime has not increased since suspension of capital punishment.
3. This has been proved many times in the past: relaxation of harsh laws has never led to increase in crime.
4. Therefore the 'deterrent' argument is absurd: capital punishment has never protected anyone.
5. Those in favour of capital punishment are motivated only by desire for revenge and retaliation.
6. There has been a marked trend in society towards the humane treatment of less fortunate members.
7. Compare the treatment of the insane in the past with today.
8. Hanging, electric chairs, garroting, etc., are barbaric practices, unworthy of human beings.
9. Suspension of capital punishment is enlightened and civilised.

10. Capital punishment creates, it does not solve, problems.
11. Solution lies elsewhere: society is to blame.
12. Overcrowding, slums, poverty, broken homes: these are the factors that lead to crime.
13. Crime can only be drastically reduced by the elimination of social injustices — not by creating so-called 'deterrents' when the real problems remain unsolved.
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There is no room for capital punishment in a civilised society.
Use the information and the vocabulary from the Unit to argue the statement above.

The word POLICE means, generally, the arrangements made in all civilised countries to ensure that the inhabitants keep the peace and obey the law. The word also denotes the force of peace officers (or police) employed for this purpose.
Which of the following actions can be performed by a POLICE OFFICER? Sort out the odd words. Explain your choice. to safeguard to plead guilty to search to seize to sentence to take into custody
TASK 1. Read the text and translate the sentences given in bold type in writing:
From the History of Police Forces
Police is the agency of a community or government that is responsible for maintaining public order and preventing and detecting crime. The basic police mission — preserving order by enforcing rules of conduct or laws — was the same in ancient societies as it is in the contemporary sophisticated urban environments.
The conception of the police force as a protective and law enforcement organisation developed from the use of military bodies as guardians of the peace, such as the Praetorian Guard — bodyguard of the ancient Roman emperors. The Romans achieved a high level of law enforcement, which remained in effect until the decline of the empire and the onset of the Middle Ages.
During the Middle Ages, policing authority was the responsibility of local nobles on their individual estates. Each noble
generally appointed an official, known as a constable, to carry out the law. The constable's duties included keeping the peace and arresting and guarding criminals. For many decades constables were unpaid citizens who took turns at the job, which became increasingly burdensome and unpopular. By the mid-16th century, wealthy citizens often resorted to paying deputies to assume their turns as constables; as this practice became widespread, the quality of the constables declined drastically.
Police forces developed throughout the centuries, taking various forms. In France during the 17th century King Louis XIV maintained a small central police organisation consisting of some 40 inspectors who, with the help of numerous paid informants, .supplied the government with details about the conduct of private individuals. The king could then exercise the kind of justice he saw fit. This system continued during the reigns of Louis XV and Louis XVI. After the French Revolution, two separate police bodies were set up, one to handle ordinary duties and the other to deal with political crimes.
In 1663 the city of London began paying watchmen (generally old men who were unable to find other work) to guard the streets at night. Until the end of the 18th century, the watchmen — as inefficient as they were — along with a few-constables, remained the only form of policing in the city.
The inability of watchmen and constables to curb lawlessness, particularly in London, led to a demand for a more effective force to deal with criminals and to protect the population. After much deliberation in Parliament, the British statesman Sir Robert Peel in 1829 established the London Metropolitan Police, which became the world's first modern organised police force.
The force was guided by the concept of crime prevention as a primary police objective; it also embodied the belief that such a force should depend on the consent and cooperation of the public, and the idea that police constables were to be civil and courteous to the people. The Metropolitan Police force was well organised and disciplined and, after an initial period of public skepticism, became the model for other police forces in Great Britain. Several years later the Royal Irish Constabulary was formed, and Australia, India, and Canada soon established similar organizations. Other countries followed, impressed by the success of the plan, until nations throughout the world had adopted police systems based on the British model. The development of the British police system is especially significant because the pattern
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Chapter III. Law Enforcement

that emerged had great influence on the style of policing in almost all industrial societies.
In the U.S., the first full-time organised police departments were formed in New York City in 1845 and shortly thereafter in Boston, not only in response to crime but also to control unrest. The American police adopted many British methods, but at times they became involved in local politics. The British police, on the other hand, have traditionally depended on loyalty to the law, rather than to elected public officials, as the source of their authority and independence.
TASK 2. Answer the following questions:
1. What is the basic police mission?
2. How did the police force as law enforcement organization arise and develop?
3. Why did the quality of the constables in England decline?
4. How were policing functions performed in France?
5. What was the form of policing London in the 17th century?
6. Why was there a need for a more effective force to deal with criminals in England?
7. What factors brought about the establishment of the
Metropolitan Police Force?
8. What principles were the British police guided by?
9. Why did the Metropolitan Police Force become the model for other police forces in Britain and abroad?
10. Why is the development of the British police system especially significant?
TASK 3. Find in the text above the English equivalents for the following words and expressions:

1. дебаты в парламенте
2. обеспечивать соблюдение правил поведения
3. основная задача полиции (2)
4. оставаться в силе
5. платный осведомитель
6. нести полицейскую службу
7. предупреждение преступности TASK 4. Find in the texts above the expressions containing the words 'law' and 'order'. Continue the following lists. Add more expressions using a dictionary:

to maintain public order to enforce laws
The British Police
The British police officer is a well-known figure to anyone who has visited Britain or who has seen British films. Policeme^ are to be seen in towns and cities keeping law and order, either walking in pairs down the streets ("walking the beat") or driving specially marked police cars. Once known as 'panda cars' because of their distinctive markings, these are now often jokingly referred to as 'jam sandwiches' because of the pink fluorescent stripe running horizontally around the bodywork. In the past, policemen were often known as 'bobbies' after Sir Robert Peel, the founder of the police force. Nowadays, common nicknames include 'the cops', 'the fuzz', 'the pigs', and 'the Old Bill' (particularly in London). Few people realise, however, that the police in Britain are organised very differently from many other countries.
Most countries, for example, have a national police force which is controlled by central Government. Britain has no national police force, although police policy is governed by the central Government's Home Office. Instead, there is a separate police force for each of 52 areas into which the country is divided. Each has a police authority — a committee of local county councillors and magistrates.
The forces co-operate with each other, but it is unusual for members of one force to operate in another's area unless they are asked to give assistance. This sometimes happens when there has been a very serious crime. A Chief Constable (the most senior police officer of a force) may sometimes ask for the assistance of London's police force, based at New Scotland Yard — known simply as 'the Yard'.
In most countries the police carry guns. In Britain, however, this is extremely unusual. Policemen do not, as a rule, carry firearms in their day-to-day work, though certain specialist units
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Chapter III. Law Enforcement

are trained to do so and can be called upon to help the regular police force in situations where firearms are involved, e.g. terrorist incidents, armed robberies etc. The only policemen who routinely carry weapons are those assigned to guard politicians and diplomats, or special officers who patrol airports.
In certain circumstances specially trained police officers can be armed, but only with the signed permission of a magistrate.
All members of the police must have gained a certain level of academic qualifications at school and undergone a period of intensive training. Like in the army, there are a number of ranks: after the Chief Constable comes the Assistant Chief Constable, Chief Superintendent, Chief Inspector, Inspector, Sergeant and Constable. Women make up about 10 per cent of the police force. The police are helped by a number of Special Constables — members of the public who work for the police voluntarily for a few hours a week.
Each police force has its own Criminal Investigation Department (CID). Members of CIDs are detectives, and they do not wear uniforms. (The other uniformed people you see in British towns are traffic wardens. Their job is to make sure that drivers obey the parking regulations. They have no other powers — it is the police who are responsible for controlling offences like speeding, careless driving and drunken driving.)
The duties of the police are varied, ranging from assisting at accidents to safeguarding public order and dealing with lost property. One of their main functions is, of course, apprehending criminals and would-be criminals.
TASK 1. Answer the following questions: >
1. Who was the founder of the British police?
2. What does "walking the beat" mean?
3. Why are British police cars called 'jamsandwich' cars in colloquial speech?
4. Is there a single police force, organised by central government? 5. What is the major difference in police organisation between
Britain and some other countries?
6. When do British police forces co-operate with each other?
7. What is the name of London's police headquarters?
8. In what situations can policemen carry arms?
9. What are the ranks of policemen?

10. What is the job of CID officers?
11. What are the duties of traffic wardens?
TASK 2. Read the text and fill in the gaps with the appropriate words and expressions from the previous text:
In Britain different areas have different instance, the Metropolitan police operate in London, but there are different police forces in the counties outside London.
The top man in each police force is . He is appointed by the local Watch Committee which is a of the local government. The Watch Committee can dismiss him, too, if the central government agrees. The Chief Constable appoints all the below him in his force.
Things are slightly different in London. The top man is known as the Metropolitan Police Commissioner and his appointment is arranged through the central government.
British police are normally not . In special cases, when their work becomes dangerous, they can be given however.
As is well known, the of the British policeman is blue, with a tall helmet. These days, though, you can see a different uniform in the streets. This is the uniform with the yellow hatband worn by . Their job is simply to control traffic and .
The most famous name connected with the British police is It is the headquarters of the London police force.
Besides dealing with local police matters, the London police also help all over England and Wales with difficult crimes. They do this at the request of the local police.
TASK 3. Render the following text into English using the information and vocabulary from the texts above:
В Великобритании существует 52 полицейских подразде­ления: 43 в Англии и Уэльсе, 8 в Шотландии и 1 в Северной Ирландии. Столичная полиция и Полиция лондонского Сити отвечают за охрану общественного порядка в Лондоне. Кроме того, специальное подразделение транспортной полиции пат­рулирует железнодорожную сеть, а также метро Лондона.
Полицейская служба финансируется центральным прави­тельством и местными властями. Каждое полицейское подраз­деление имеет своих специальных констеблей-добровольцев, которые работают в полиции в свободное время и помогают кадровым офицерам полиции, причем их работа не оплачива­ется. Они являются своеобразным связующим звеном между полицией и населением.
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Chapter III. Law Enforcement

Полицейские подразделения Англии и Уэльса подведомст­венны органам местной полиции. Столичная полиция находится в подчинении у Министра внутренних дел. Подразделения в областях возглавляют главные констебли. Они несут ответ­ственность за свою работу перед центральными полицейскими органами, которые назначают начальника полиции и его по­мощника. Комиссар Столичной полиции и его непосредствен­ные подчиненные назначаются по рекомендации министра внутренних дел.
TASK 4. Complete the following text with the words and phrases from the box: walkie-talkie, plain clothes, detective, uniform, policeman, police force, rank, join Alan is now old enough and tall enough to the At first, of course, he'll be an ordinary of the lowest . He'll wear a and go out in the streets keeping in touch with the police station with his • Then he'd like to be a in investigating serious crimes.
TASK 5. Look at the picture and read the police bulletin: Crime: Armed Robbery
Location: South & South Park Streets
Date: November 13, 1999
The public's assistance is requested in identifying the person or persons responsible for an armed robbery on the southwest corner of the South St. and South Park St. intersection.
This crime occurred at 9:30 a.m. on November 13, 1999.
At about 9:30 a.m. the victim, a young visitor to the city, was walking south along South Park St. At the southwest corner of South Park St. and South St., the suspect

blue jacket, green jeans and white sneakers.
This man is armed and therefore dangerous. If you can identify the man in the photofit picture, or have any information on this or any crime, contact the local Police Department or Crime Stoppers at 1-800-555-8477, and you may be eligible for a cash reward.
TASK 6. Find in the text above the English equivalents for the following words and expressions:

подозреваемый жертва вооруженное ограбление фоторобот TASK 7. Find in the text the description of the criminal and compose an opposite one: e.g. "The suspect is described as black, very tall..." Use some of the expressions given below:
FACE — long, round, oval, thin, plump, fleshy, puffy, wrinkled, pasty, pimpled, pock-marked, clean-shaven FEATURES — clean-cut, delicate, forceful, regular / irregular, large, small, stern
COMPLEXION — fair, pale, dark, sallow HAIR — curly, wavy, straight, receding (scanty), rumpled, shoulder-length, medium-length, short-cut, crew-cut, bobbed, dyed, bald, fair /dark-haired FOREHEAD — high, low, narrow, square, broad EYES — hollowed, bulging, close-set, deep-set, sunken, wide- apart, crossed-eyed
EYEBROWS — thin, thick, bushy, arched, pencilled, shaggy EARS — small, big, jug-eared NOSE — prominent, straight, pointed, hooked, flat, aquiline, snub-nosed LIPS — full, thin, painted, cleft lip TEETH — even / uneven, sparse, artificial CHEEKS — plump, hollow, ruddy, stubby CHIN — square, pointed, double, massive, protruding

BEARD — full, bushy, spade beard, grey-bearded, heavy-bearded MOUSTACHE — thin, thick, tooth brush, walrus HEIGHT — tall, short, of medium height BUILT — average, medium built, well-built, plump, skinny DISTINGUISHING FEATURES — birth marks, freckles, scars, wooden leg, humpback, pot-belly
TASK 8. Translate the following police bulletin into English and make the corresponding photo fit:
Разыскиваются преступники, со­вершившие убийство 21 сентября в доме номер 99 по проспекту Мира.
Первый: На вид 30 лет, рост 170— 175 см, худощавого телосложения, волосы черные прямые, лицо круг­лое, нос прямой, глаза слегка на­выкате.
Был одет: темная короткая кожа­ная куртка, светлые брюки, корич­невые ботинки. Носит темные очки в металлической оправе.
Just for Fun
A beautiful blonde walked into a Chicago police station and gave the desk sergeant a detailed description of a man who had dragged her by the hair down three flights of stairs, threatened to choke her to death and finally beat her up.
"With this description we'll have him arrested in no time," said the desk sergeant.
"But I don't want him arrested", the young woman protested. "Just find him for me. He promised to marry me."
Can you describe the individual?
He was about medium height and had a beard.
Was this a male or female?
Identify the Suspect!
There have been a string of bank robberies in the local area recently. Police are investigating the crimes and making the photofits of the suspects.
Work in pairs. Each pair should consist of a police inspector and a witness:
STEP 1. The police inspector is questioning the eye­witness to find out all the necessary details of the suspect's appearance.
STEP 2. Using the information obtained they make up a photofit by completing the drawings below.

TASK 1. Read the text and translate words and expressions given in bold type in writing:
The powers of a police officer in England and Wales to stop and search, arrest and place a person under detention are contained in the Police and Criminal Evidence Act 1984. The legislation and the code of practice set out the powers and responsibilities of officers in the investigation of offences, and the rights of citizens.
Chapter III. Law Enforcement

An officer is liable to disciplinary proceedings if he or she fails to comply with any provision of the codes, and evidence obtained in breach of the codes may be ruled inadmissible in court. The code must be readily available in all police stations for consultation by police officers, detained people and members of the public.
Stop and Search
A police officer in England and Wales has the power to stop and search people and vehicles if there are reasonable grounds for suspecting that he or she will find stolen goods, offensive weapons or implements that could be used for theft, burglary or other offences. The officer must, however, state and record the grounds for taking this action and what, if anything, was found. The Criminal Justice and Public Order Act 1994 enables a senior police officer to authorise uniformed officers to stop and search people or vehicles for offensive weapons, dangerous implements where he or she has reasonable grounds for believing that serious incidents of violence may take place. The officer must specify the time-scale and area in which the powers are to be exercised.
In England and Wales the police have wide powers to arrest people suspected of having committed an offence with or without a warrant issued by a court. For serious offences, known as 'arrestable offences', a suspect can be arrested without a warrant. Arrestable offences are those for which five or more years' imprisonment can be imposed. This category also includes 'serious arrestable offences' such as murder, rape and kidnapping.
There is also a general arrest power for all other offences if it is impracticable or inappropriate to send out a summons to appear in court, or if the police officer has reasonable grounds for believing that arrest is necessary to prevent the person concerned from causing injury to any other person or damage to property.
Detention, Treatment and Questioning
An arrested person must be taken to a police station (if he or she is not already at one) as soon as practicable after arrest-At the station, he or she will be seen by the custody officer who will consider the reasons for the arrest and whether there are sufficient grounds for the person to be detained. The Code of Practice under the 1984 Police and Criminal Evidence Act made it clear that juveniles should not be placed in the cells. Most police stations should have a detention room for those juveniles who need to be detained. The suspect has a right to speak to an independent solicitor free of charge and to have a relative or other named person told of his or her arrest. Where a person has been arrested in connection with a serious arrestable offence, but has not yet been charged, the police may delay the exercise of these rights for up to 36 hours in the interests of the investigation if certain strict criteria are met.
A suspect may refuse to answer police questions or to give evidence in court. Changes to this so-called 'right to silence' have been made by the Criminal Justice and Public Order Act 1994 to allow courts in England and Wales to draw inferences from a defendant's refusal to answer police questions or to give information during his or her trial. Reflecting this change in the law, a new form of police caution (which must precede any questions to a suspect for the purpose of obtaining evidence) is intended to ensure that people understand the possible consequences if they answer questions or stay silent.
Questions relating to an offence may not normally be put to a person after he or she has been charged with that offence or informed that he or she may be prosecuted for it.
The length of time a suspect is held in police custody before charge is strictly regulated. For lesser offences this may not exceed
24 hours. A person suspected of committing a serious arrestable offence can be detained for up to 96 hours without charge but beyond 36 hours only if a warrant is obtained from a magistrates' court.
Reviews must be made of a person's detention at regular intervals — six hours after initial detention and thereafter every nine hours as a maximum — to cjieck whether the criteria for detention are still satisfied. If they are not, the person must be released immediately.
Just English. Английский для юристов
Interviews with suspected offenders at police stations must be tape-recorded when the police are investigating indictable offences and in certain other eases. The police are not precluded from taping interviews for other types of offences. The taping of interviews is regulated by a code of practice approved by Parliament, and the suspect is entitled to a copy of the tape.
A person who thinks that the grounds for detention are unlawful may apply to the High Court in England and Wales for a writ of Habeas Corpus against the person who detained him or her, requiring that person to appear before the court to justify the detention. Habeas Corpus proceedings take precedence over others. Similar procedures apply in Northern Ireland and a similar remedy is available to anyone who is unlawfully detained in
Recognising that the use of DNA analysis has become a powerful tool in the investigation of crime, the Government has extended police powers to take body samples from suspects. The Criminal Justice and Public Order Act 1994 allows the police to take non-intimate samples without consent from anyone who is detained or convicted for a recordable offence, and to use the samples to search against existing records of convicted offenders or unsolved crimes. In time a national database will be built up.
Once there is sufficient evidence, the police have to decide whether a detained person should be charged with the ofience. If there is insufficient evidence to charge, the person nay be released on bail pending further enquiries by the police. The police may decide to take no further action in respect of a particular offence and to release the person. Alternatively, they may decide to issue him or her with a formal caution, which will be recorded and may be taken into account if he or she subsequently re-offends.
If charged with an offence, a person may be kept in custody if there is a risk that he or she might fail to appear in court or might interfere with the administration of justice. When no such considerations apply, the person must be released on or without bail. Where someone is detained after charge, he or she must be brought before a magistrates' court as soon as practicable This is usually no later than the next working day.

Chapter III. Law Enforcement
TASK 2. Answer the following questions:
1. What are the main police powers in England and Wales?
2. In what cases can a police officer stop and search the suspect? 3. What does the procedure of stop and search consist of?
4. What are the provisions of 1994 Criminal Justice and
Public Order Act?
5. What document is necessary to carry out an arrest?
6. What are the arrestable offences?
7. When can a person be arrested without a warrant?
8. Where should the suspects be taken after arrest?
9. What rights does the arrested person have?

10. When can the exercise of these rights be delayed?
11. What is the police caution?
12. What does the right of silence consist of? What can the consequences of using this right be for the suspect?
13. How long can a person be kept in custody before being charged? 14. What is the procedure of interviewing the detained person at the police station?
15. What can a person do in case of unlawful detention?
16. What are the provisions of the Habeas Corpus Act?
17. What happens to a person after he or she has been charged?
TASK 3. Find in the text above the English equivalents for the following words and expressions:
1. задержание и досмотр
2. процессуальный кодекс
3. расследование преступлений
4. права граждан
5. преступления, в связи с которыми может быть произве­ ден арест
6. судебная повестка
7. причинение ущерба / нанесение телесных повреждений
8. право не отвечать на вопросы
9. преступления, рассматриваемые по обвинительному акту

10. основания для задержания
11. расширенные полномочия полиции
12. запротоколированное, зарегистрированное преступление
13. веские / достаточные доказательства
14. полицейский участок
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Chapter III. Law Enforcement

15. подлежать дисциплинарному взысканию
16. иметь веские/разумные основания
17. уполномочивать, давать право
18. принимать меры
19. совершать повторные правонарушения
TASK 4. Translate the following text in writing:
The Miranda Warning
"You have the right to remain silent; anything you say can be used against you....", these are the words of the Miranda warning which was created as a result of 1966 United States Supreme Court case, Miranda v. Arizona. It began when Ernesto Miranda was arrested at his home and taken into custody to the police station, where he was identified by a witness as the man who had kidnapped and raped a woman. Police officers took Mr. Miranda into an interrogation room and two hours later emerged with a written confession signed by Mr. Miranda that also stated that the confession was made voluntarily and with full knowledge of his legal rights. The officers, however, failed to advise Mr. Miranda that he had a right to have an attorney present.
The United States Supreme Court ruled that the confession could not be used as evidence of Mr. Miranda's guilt because he was not fully advised on his legal rights, which included the right to have his attorney present. The Fifth Amendment to the United States Constitution states that no person can be deprived of life, liberty, or property, without due process of law. To ensure that other accused criminals are made aware of their constitutional rights, The Supreme Court ruled that a suspect who is taken into custody and interrogated must receive a warning of the following rights: the right to remain silent, that anything he says can be used against him in a court of law, that he has a right of the presence of an attorney, and that if he can not afford an attorney, one will be appointed for him prior to any questioning if he so desires. The "Miranda warning" is now applied by law officers throughout the United States as a result of this ruling.
TASK 5. Match the following English expressions with their Russian equivalents:

1) credit for time in custody
а) возвращение под стражу
2) defendant not in custody
b) дальнейшее содержание
3) detention in custody под стражей
4) escape by person in custody
с) передать, препроводить
5) in-custody confession под стражу
6) in-custody interrogation
d) допрос лица, находящегося
7) person in custody под стражей
8) remand in custody
е) содержать под стражей
9) retention in custody
f) зачёт времени пребывания
10) to discharge from custody под стражей
11) to keep in custody
g) лицо, содержащееся
12) to submit to custody под стражей

h) освободить из-под стражи

i) побег из-под стражи

j) подсудимый, находящийся

на свободе

к) признание, сделанное лицом,

находящимся под стражей

1) содержание под стражей
TASK 6. Fill in the gaps in the text below with the appropriate words from the box: theft; sentence; charge; fine; fingerprints; oath; arrest; evidence; cell; court; magistrate; handcuff; witnesses; investigate; detained; pleaded; found
A policeman was sent to some property from a hotel. When he arrived, he found that the hotel staff had caught a boy in one of the rooms with a camera and some cash. When the policeman tried to the boy, he became violent and the policeman had to _ _ him. At the
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Chapter III. Law Enforcement

police station the boy could not give a satisfactory explanation for his actions and the police decided to him with the of the camera and cash. They took his. Locked/
TASK 7. Fill in the gaps with the prepositions from the box. Some of these can be used more than once: before; in; to; of; with juveniles are not supposed to be held in police cells under any circumstances. Under the 1984 Code of Practice juveniles should not be placed in the cells. "Most police stations would have a detention room for those juveniles who need to be detained. The rooms are much more spacious and less intimidating than cells and, crucially, nearer the custody officer. But juveniles are sometimes put in cells because there is nowhere else to put them", Mark Grindrod, juvenile project manager for the Howard League for'Penal Reform, said. "If you have juveniles in custody you have to have particular concerns about their vulnerability, because they are particularly prone to carrying out acts which perhaps they do not fully think through. That's why we have such specific and stringent rules about interviewing and detaining juveniles, both in police stations or prisons." A juvenile should not be held in a cell before being interviewed and a decision over whether to charge him or her is reached. Once a decision to charge has been made, police can bail the young person into the care of social services, or send him or her home, pending a court appearance.
Cleveland Police voluntarily referred the case to the Police Complaints Authority.

1. He's being kept
2. He was sentenced _
3. She got a sentence
4. He was accused
5. She's been charged
6. He appeared
7. They were brought
A fresh controversy was looming yesterday over the care of juveniles in custody when a 15-year-old boy died after being found unconscious in a police cell.
The teenager was rumoured to have tried to hang himself in the cell at Hartlepool police station, although the results of a post-mortem examination conducted yesterday will not be released until today. The custody. five years. six months. murder, theft. handcuffs. the judge.
15-year-old had been arrested on suspicion of burglary and was found unconscious by custody officers at 3.15 p.m. on Monday. The officers resuscitated him before paramedics rushed him to the general hospital. He was put on a life support system but died at 1 a.m. yesterday morning.
The death will be viewed as particularly controversial because
TASK 9. Study the selection of newspaper articles covering shop­lifting cases. Comment on the penalties given in each case:
Let Off with a Caution
Fourteen-year old Jane was lucky this time. Caught by a store detective with a bottle of hair conditioner, eye-lash dye, and a copy of Hello magazine hidden in her bag, she found herself in a van being driven to the police station. Even more upset than Jane was her Mum. She was as white as a sheet when she went to collect Jane from police station, and burst into tears.
Jane says, "I was lucky. Two policemen came and looked at my home, which is very middle class and respectable. I think that's why they let me off. They even asked to see my school books."
After two years of regular shop­lifting, Jane has decided to go
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Chapter HI. Law Enforcement

Roy Philips Downfall was the colour fellow. Appearing in court on shop­lifting charges, he wore a yellow parka, yellow shirt, yellow pants, and a yellow tie. It was a similar dress that drew him to the attention of the store detective at a
Anna Bronx, the well-known TV personality, was found dead in her flat in Knightsbridge this morning after taking an overdose of sleeping pills.
The tragedy occurred less than a month after she had appeared in court on a charge of shop-lifting in a department store. It was claimed that she had taken goods worth £7.30 when she was arrested outside the store. She was sentenced to a fine of £100, and was given a two-week suspended sentence. supermarket in Oldham, England, where everything he was after had a yellow connection: lemons, jellies, mustard, cheese, three pairs of socks, and two pairs of underpants. He was given a one-month suspended sentence.
Mrs. Bronx was for many years a well-loved personality on a popular programme, but for the last several years had withdrawn from public life and was living by herself. Friends say that they did not think she was unhappy, but that she may have been a little bored after such an active public life.
It was of course a great shock when she was arrested for shop-lifting. Local feeling was that the magistrate had been far too severe, a feeling that can only grow after this tragic incident.
It's Interesting to Know!
To be caught red-handed means to be caught in the act of crime. The guilt of the person is usually not in doubt. If you find a burglar in your living room holding some valuables that belong to you, then that person is said to have been caught red-handed.
Red-handed connotes hands red with blood. The expression dates back to the time when it was almost impossible to prove that somebody was guilty of a crime unless the person confessed — usually under torture — or was caught in the act of committing a crime. One crime was the killing of another man's cow, sheep or pig. There was also a law which forbade the killing of the king's deer in the forests of England. If a person was caught in possession of fresh meat, this was not usually enough to prove the person's guilt. It was only when a person was caught with both a dead animal and blood on his hands that there was enough evidence for the person to be arrested and then convicted.
The Lure of Shop-lifting
Role play the stories above.
Act as a Police Officer who stops, searches, questions the offender and prepares a record of the case for the magistrate's court.
Act as a Detained Person who is being questioned in police custody.
The Lasting Principles
In 1829 Sir Richard Mayne, one of the founders of Scotland Yard, wrote: "The primary object of an efficient police is the
4- 376
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Chapter III. Law Enforcement

prevention of crime and detection and punishment of offenders if crime is committed. To these ends all the efforts of police must be directed. The protection of life and property, the preservation of public tranquillity, and the absence of crime, will alone prove whether those efforts have been successful and whether the objects for which the police were appointed have been attained."
In attaining these objects, much depends on the approval and co-operation of the public, and these have always been determined by the degree of esteem and respect in which the police are held. Therefore, every member of the Force must remember that it is his duty to protect and help members of the public, no less than to bring offenders to justice. Consequently, while prompt to prevent crime and arrest criminals, he must look on himself as the servant and guardian of the general public and treat all law-abiding citizens, irrespective of their race, colour, creed or social position, with unfailing patience and courtesy.
By the use of tact and good humour the public can normally be induced to comply with directions and thus the necessity for using force is avoided. If, however, persuasion, advice or warning is found to be ineffective, a resort to force may become necessary, as it is imperative that a police officer being required to take action shall act with the firmness necessary to render it effective.
TASK 1. Answer the following questions:
1. What are the objects of the police work according to Sir
Richard Mayne?
2. How should the co-operation between the police and the public be achieved?
3. Why is the principle of police-public co-operation so important? TASK 2. Read the text and translate the expressions given in bold type in writing:
Police Discipline
The police are not above the law and must act within it. A police officer is an agent of the law of the land and may be sued or prosecuted for any wrongful act committed in the performance of police duties. Officers are also subject to a disciplinary code designed to deal with abuse of police powers and maintain public confidence in police impartiality. If found guilty of breaching the code, an officer can be dismissed from the force.
Members of the public have the right to make complaints against police officers if they feel that they have been treated unfairly or improperly. In England and Wales the investigation and resolution of complaints is scrutinised by the independent Police Complaints Authority. The Authority must supervise any case involving death or serious injury and has discretion to supervise in any other case. In addition, the Authority reviews chief constables' proposals on whether disciplinary charges should be brought against an officer who has been the subject of a complaint. If the chief constable does not recommend formal disciplinary charges, the Authority may, if it disagrees with the decision, recommend and, if necessary, direct that charges be brought.
The Government aims to ensure that the quality of service provided by police forces in Britain inspires public confidence, and that the police have the active support and involvement of the communities which they serve. The police service is taking effective action to improve performance and standards. All forces in England and Wales have to consult with the communities they serve and develop policing policies to meet community demands. They have to be more open and explicit about their operations and the standards of service that they offer.
Virtually all forces have liaison departments designed to develop closer contact between the force and the community. These departments consist of representatives from the police, local councillors and community groups.
Particular efforts are made to develop relations with young people through greater contact with schools and their pupils.
The Government has repeatedly stated its commitment to improve relations between the police and ethnic minorities. Central guidance recommends that all police officers should receive a thorough training in community and race relations issues. Home Office and police initiatives are designed to tackle racially motivated crime and to ensure that the issue is seen as a priority by the police. Discriminatory behaviour by police officers, either to other officers or to members of the public, is an offence under the Police Discipline Code. All police forces recognise the need to recruit women and members of the ethnic minorities in order to ensure that the police represent the community. Every force has an equal opportunities policy.
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Chapter III. Law Enforcement

TASK 3. Answer the following questions:
1. What disciplinary measures are police officers subject to?
2. What authorities supervise police conduct?
3. What helps improve police-public co-operation?
4. What is a liaison department?
5. How are race related issues tackled by the police?
TASK 4. Complete the following text with the words and expressions from the box: misconduct; opinion polls; justice; sympathy; mob violence; failures; complaints; terrorist offence
Most people have a positive attitude to the police, and have indicated that there is much public with men and women who have to deal with . There is a formal system through which of police behaviour may be investigated, but in the late 1990s it was found that these procedures had not prevented some serious in the system of administering . Some Irish people had been convicted of a on the basis of confessions which had been improperly extracted from them, and the truth was discovered only after they had spent several years in prison. There were other cases too in which there were grounds for suspecting that the police had persuaded people to confess to crimes which they had not committed. Some other inquiries revealed more cases of
' by the police.
TASK 5. Fill in the gaps with the prepositions from the box: from; to; with; to; of
1. What is your attitude prevention? 2. All the sympathies of the jury were
3. Finally the criminal was convicted
4. The detective took pains to extract information the eye-witness.
The hiding places are running out for crooks on PC Peter Hilton's patch. He has made an incredible 287 arrests in 11 months. In a crime-bustling blitz in Eccles, Salford, villains have been pinched for offences including burglary, car theft, possession of drugs, assault and drink-driving.
Now PC Hilton has been honoured for his devotion to public service with a commendation from Greater Manchester Chief Constable David Wilmot. Mr. Willmot said it was unusual for an officer to receive an award for the number of arrests he had made rather than an individual act.
PC Hilton said modestly: "I've just been lucky. I've been in the right place at the right time. Teamwork with colleagues has also played a big part. Landing the crime-ridden Eccles beat has also helped. "
The constable said that after ten years in the force he "tended to know the short cuts crooks take and also what to look for". He added: "It's all about knowing their behaviour patterns." He said colleagues jokingly called him Pete Lockup, and even the crooks managed a smile as he slipped on the handcuffs. "When I pull up in the car they say. "Oh, no! It's PC Hilton again". I get on all right with some of them — it's OK if they've done nothing wrong."

The constable, who spent eight years on the beat in Bury, has also received three Chief Superintendent's commendations and a citation of merit from the Chief Constable for disarming a gunman. His wife Joanne said: "I'm very proud of him."
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Chapter III. Law Enforcement

4. PC Peter Hilton's patch
5. Pete Lockup
6. teamwork with colleagues
7. to land the crime-ridden beat
8. to pinch
9. to receive a citation of merit
10. to take short cuts
TASK 8. Find in the article above the English equivalents for the following words and expressions:
1. укрытие
2. произвести арест
3. злодей
4. угон автомобиля
5. хранение наркотиков
6. нападение
7. вождение в нетрезвом состоянии
8. быть представленным к награде
9. разоружить преступника
TASK 9. Answer the following questions:
1. What offences does Pete Hilton deal with?
2. What is unusual about his reward?
3. What helps Pete in his work?
TASK 10. Read the following newspaper article and point out the public attitude towards the police:
£220,000 for Victim of Police Assault solicitor, said his client's arms were twisted behind his back and he was
SOLICITOR (UK) — a qualified lawyer who advises clients, represents them in the lower courts and prepares cases for barristers to try in higher courts handcuffed. "They punched and kicked him in the van and he was kicked in the kidneys". Another policeman used his back as a footstool and the driver turned round and insulted him verbally saying he had got no more than he deserved. The charge officer told him, "I've never arrested a Chink before." When he was released at 11 p.m. that night they threw him into the street in just jeans and flip-flops. "He had to walk two miles home," Mr. Khan said.
When Mr. Zung arrived home, the front door was open and his stereo and other property had been stolen. Doctors found extensive bruising to his back and kidneys and he was passing blood.
Mr. Zung made a formal complaint to the Police Complaints Authority. Despite a police surgeon confirming the injuries, the complaint was rejected and he decided to sue.
Ben Emmerson, counsel for Mr. Zung, urged the jury to send a strong message to Sir Paul Condon by awarding damages that would hit his budget. "In this case a small award would be regarded as a victory by the officers."
A statement issued on behalf of Sir Paul, the Metropolitan Police Commissioner, said: "We believe the award to be excessive and we are going to appeal against the size of the award but not the verdict."
The Metropolitan Police said no action would he taken against the constables involved: Christopher Smith, Andrew Morris and Bob Davies.
In a separate case at the same court Terence Wilkinson, 27, was awarded £64,000 damages. He had accused other officers from the same area of wrongful arrest and assault, false imprisonment and malicious prosecution.

A hairdresser won £220,000 damages yesterday after a jury found that he was assaulted by police and wrongfully arrested. This happened after counsel for Din Zung, 32, urged the jury to send a clear message that the public would no longer stand for "lying, bullying, racism and perjury" by the Metropolitan Police.
Central London County Court was told that police went to Mr. Zung's
COUNSEL for (the party) — here same as BARRISTER (UK) — a lawyer who has the right to plead as an advocate in a superior court home over a dispute involving a leaking roof. Mr. Zung was arrested after refusing to allow officers in without a warrant. Akmal Khan, his
TASK 11. Translate the following words and expressions from the article above:
1. bullying
2. charge officer
3. false imprisonment
4. malicious prosecution
5. award
6. to be wrongfully arrested
7. to appeal against the verdict
8. to make a complaint
9. to reject a complaint
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Chapter III. Law Enforcement

10. to steal property
11. to take an action against smb.
12. to win damages
TASK 12. Find in the article above the English equivalents for the following words and expressions:
1. лжесвидетельство
2. ордер на арест
3. телесные повреждения
4. надеть наручники
5. наносить словесные оскорбления
6. предъявлять иск
TASK 13. Answer the following questions:
1. What did Mr.Zung's case against Metropolitan Police consist of?
2. What were the circumstances of Mr. Zung's arrest?
3. How did the Police Authority react to Mr. Zung's formal complaint? 4. What were Mr. Zung's further actions?
5. What were the formal grounds for filing the case?
6. Why was the amount of the award so important for Mr.
Zung's counsel?
7. What actions will be taken against the police officers involved? CREATIVE WRITING
Study the Manifesto of the U.S. citizens against police brutality. Compile a similar Manifesto on behalf of the British public using the facts from the previous article.
US Public Manifesto
Instead of protecting the public, police departments around the country are waging a campaign of violence and intimidation against the people in our communities. In cities across the country,

police kill unarmed people every month, yet the officers are rarely disciplined. In New
Orleans and Philadelphia, police were caught • fabricating evidence and filing false reports in thousands of cases. In New York recently, undercover cops shot an unarmed, black man 15 times.
Police brutality is caught on videotapes.
Basta Ya! This is too much! The U.S. locks up a higher percentage of its people than any other country in the world. Jails are being built instead of schools and hospitals, and politicians are promising to put more cops on the street and pass more fascist laws to put more people in jail. But who will protect us from the system?
Who will protect the people being routinely brutalized for being the wrong colour or being homeless or poor? Who will protect our youth who are arrested and jailed, by cops for how they look and dress? IT'S UP TO US TO STOP THE EPIDEMIC OF POLICE ABUSE AND VIOLENCE!
Today, as politicians push anti-crime propaganda and laws, and anti-civil rights initiatives, we can strike a note of truth if we raise our voices loud enough and bring into streets a message that cannot be ignored. We are calling on people of all races and backgrounds to stand up and say that we will no longer put up with all this.
Good or Evil?
Role play the press conference on the principles of police ethics: Participan ts:
Peter Hilton — the honourable PC
Jack Gorilla — a crook from PC Hilton's patch
Ben Emmerson — the defence counsel
Andrew Morris and Bob Davies — the 'evil' policemen
The rest of the class are journalists who are free to ask questions. Make sure that different views are expressed. Use the information given in the Unit.
Just English. Английский для юристов
Chapter III. Law Enforcement

The History of Scotland Yard
The task of organising and designing the 'New Police' was placed in the hands of Colonel Charles Rowan and Sir Richard Mayne. These two Commissioners occupied a private house at 4, Whitehall Palace, -the back of which opened on to a courtyard, which had been the site of a residence owned by the Kings of Scotland and known as 'Scotland Yard'. Since the place was used as a police station, the headquarters of the Metropolitan Police became known as Scotland Yard.
These headquarters were removed in 1890 to premises on the Victoria Embankment and became known as 'New Scotland Yard'; but in 1967, because of the need for a larger and more modern headquarters building, a further removal took place to the present site at Victoria Street (10 Broadway), which is also known as 'New Scotland Yard'.
The Force suffered many trials and difficulties in overcoming public hostility and opposition. But, by their devotion to duty and constant readiness to give help and advice coupled with kindliness and good humour, they eventually gained the approval and trust of the public. This achievement has been fostered and steadily maintained throughout the history of the Force, so that today its relationship with the public is established on the firmest foundation of mutual respect and confidence.
TASK 1. Answer the following questions: щ 1. Who was responsible for organising and designing the 'New
2. Why did the headquarters of the Metropolitan Police become known as Scotland Yard?
3. What is 'New Scotland Yard' and where is it currently located? 4. What difficulties in relations with the public did the force suffer? 5. What is the main principle of the Force's relationship with the public?
TASK 2. Find in the text above the English equivalents for the following words and expressions:
1. главное полицейское управление

2. Столичная полиция
3. комиссар полиции
4. претерпевать невзгоды
5. преодолеть враждебное отношение
6. завоевать доверие общественности
7. на основе взаимного уважения
TASK 3. Fill in the gaps in the text below with the appropriate words from the previous text:
Scotland Yard is a popular name for the of
London's Metropolitan Police Force, and especially its Criminal Investigation Department. The name is derived from a small area where the headquarters was situated from 1829 to 1890. The area, in turn, was named after the of Scottish kings in London.
The custom of referring to the headquarters as began soon after the was reorganised by the British statesman Sir Robert Peel in 1829. The headquarters was moved in 1890 to new buildings erected on the Thames Embankment, which were known as ■ In 1967 the present headquarters, a modern 20-storey building situated near the Houses of Parliament, was opened.
TASK 4. Read the text and translate the sentences given in bold type in writing:
Scotland Yard
At first the new police force encountered little cooperation from the public, and when Scotland Yard stationed its first plainclothes police agents on duty in 1842, there was a public outcry against these 'spies'. The police force had gradually won the trust of the London public by the time Scotland Yard set up its Criminal Investigation Department (CID) in 1878. The CID was a small force of plainclothes detectives who gathered information on criminal activities. The CID was subsequently built up into the efficient investigative force that it now constitutes. It presently employs more than 1,000 detectives.
The area supervised by the London Metropolitan Police includes all of Greater London with the exception of the City of London, which has its own separate police force. The Metropolitan Police's duties are the detection and prevention of crime, the preservation of public order, the supervision of road traffic and
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Chapter III. Law Enforcement

the licensing of public vehicles, and the organisation of civil defence in case of emergency.
The administrative head of Scotland Yard is the commissioner, who is appointed by the Crown on the recommendation of the Home Secretary. Beneath the commissioner are a deputy commissioner and four assistant commissioners, each of the latter being in charge of one of Scotland Yard's four departments; administration, traffic and transport, criminal investigation (the CID), and police recruitment and training. The CID deals with all aspects of criminal investigation and comprises the criminal record office, fingerprint and photography sections, the company fraud squad, a highly mobile police unit known as the flying squad, the metropolitan police laboratory, and the detective-training school.
Scotland Yard keeps extensive files on all known criminals in the United Kingdom. It also has a special branch of police who guard visiting dignitaries, royalty, and statesmen. Finally, Scotland Yard is responsible for maintaining links between British law-enforcement agencies and Interpol. Although Scotland Yard's responsibility is limited to metropolitan London, its assistance is often sought by police in other parts of England, particularly with regard to difficult cases. The Yard also assists in the training of police personnel in the countries of the Commonwealth.
TASK 5. Answer the following questions:
1. What was the public sentiment about the first Scotland
Yard plainclothes police agents?
2. When did Scotland Yard set up its Criminal Investigation
3. What were the CID's initial duties?
4. What is the CID nowadays?
5. Which parts of London are covered by the Metropolitan
6. What are the Metropolitan Police's duties?
7. Who is the administrative head of Scotland Yard?
8. What is the structure of the CID?
9. What assistance does The Yard render to the countries of the Commonwealth?
TASK 6. Find in the text above the English equivalents for the following words and expressions:
1. 'Большой' Лондон

2. правоохранительные органы
3. отдел регистрации преступлений и преступников
4. 'летучий отряд'
5. чрезвычайное положение
6. пребывание на службе
7. министр внутренних дел
8. Департамент уголовного розыска
9. выдача водительских удостоверений

10. отдел по борьбе с мошенничеством
11. полицейский в штатском
12. преступная деятельность
13. завоевать доверие
14. быть назначенным королевой
15. направлять на место работы
16. собирать сведения
TASK 7. Fill in the gaps in the text below with the words and expressions from the box: guards; tap; armoured vehicles; bullet-proof; kidnappers; couriers; bug; security firm; private detectives
'Sherlock and Holmes' is a valuable items. We can supply trained at art shows and jewellery displays. We can advise you if you think someone is trying to your phone or your private conversations at home or in the office with hidden microphones. We have ex-policemen whom you can hire as and special to deliver your valuable parcels anywhere in the world. We can protect you or your children against possible .
Using the information and vocabulary from the Unit compile an advertisement of: a private detective a bodyguard a detective-training school
Just English. Английский для юристов
Chapter III. Law Enforcement

TASK 8. Render the following text into English using the information and vocabulary from the texts above. Pay special attention to the words and expressions given in bold type:
Из истории Скотланд Ярда
В 1829 году первые лондонские комиссары полиции Майн и Роуэн организовали главное полицейское управление в помещении дворца Уайтхолл, в котором раньше останавливались шотландские короли при посещении Лондона. Отсюда и происходит название анг­лийской уголовной полиции — Скотланд Ярд.
Англия столетиями не имела ни общественных обвинителей, ни настоящей полиции. Поддержание порядка и охрана собствен­ности считались делом самих граждан. Но никто не хотел этим за­ниматься. Англичане предпочитали за деньги нанимать людей для охраны порядка. Каждый мог задержать преступника, привести его к мировому судье и предъявить обвинение. Если обвиняемого осуждали, то задержавший получал вознаграждение, что часто вы­зывало месть сообщников осужденного.
В 1828 году в Лондоне существовали целые районы, где об­воровывали даже днем. На 822 жителя приходился один преступ­ник. Около 30 000 человек существовали исключительно за счет гра­бежей и воровства. Ситуация была столь серьезна, что министр внутренних дел Сэр Роберт Пил решил наконец создать полицию вопреки общественному мнению. Эта инициатива привела к горя­чим дебатам в Парламенте. Но в конце концов полиция обеспечила безопасность на улицах Лондона и завоевала доверие общества.
Just for Fun
The Los Angeles Police Department (LAPD), the FBI, and the CIA are all trying to prove that they are the best at apprehending criminals. The President decides to give them a test. He releases a rabbit into a forest and each of them has to catch it.
The CIA goes in. They place animal informants throughout the forest. They question all plant and mineral witnesses. After three months of extensive investigations they conclude that rabbits do not exist.
The FBI goes in. After two weeks with no leads they burn the forest, killing everything in it, including the rabbit, and they make no apologies.
The LAPD goes in. They come out two hours later with a badly beaten bear. The bear is yelling: "Okay! Okay! I'm a rabbit! I'm a rabbit!"
The UK Forensic Science Service
The Forensic Science Service (FSS) serves the administration of justice in England and Wales by providing scientific support in the investigation of crime, and by giving evidence to courts. Its customers include the police, the Crown Prosecution Service, coroners and defence solicitors.

In February 1995 the UK government announced that the FSS would merge with the Metropolitan Police Forensic Science Laboratory to form a single agency serving all police forces in England and Wales through seven regional operational laboratories.
Scientific expertise is available on a case-by-case basis to law enforcement agencies and attorneys. The Service provides assistance to home and overseas police forces in the investigation of many crimes, particularly fires where arson is suspected, cases involving DNA profiling and offences involving the use of firearms. The scientists have a wide range of experience in fire-scene examination, including fatal fires in domestic premises, large industrial fires and vehicle fires.
DNA profiling is a revolutionary scientific testing process which can positively identify an individual from a specimen of blood, semen, hair roots or tissue. Its application to crime specimens represents the greatest advance in forensic science in decades. The vast potential of DNA profiling is recognised by the
Just English. Английский для юристов
Chapter III. Law Enforcement

police and the legal profession, and its use in criminal investigation has increased.
The Forensic Science Service provides advice on firearms and related matters and assistance in the investigation of shooting incidents. When presented with a suspect weapon, the expert is able to establish whether or not it was the weapon used in a crime. Experts are particularly adept in the microscopic examination of spent bullets and cartridge cases. They have access to a world-famous computer-based information systems relating to thousands of firearms.
The Service offers training to overseas scientists which is of a general nature or is aimed at specific techniques such as DNA profiling or examination of firearms and documents. Training is provided on note taking, searching, report writing and expert witness appearances in court. Contact is maintained with other institutions and universities in Britain and other countries.
TASK 1. Answer the following questions:
1. What functions does the Forensic Science Service exercise?
2. What are the FSS customers?
3. What assistance does the FSS provide to police forces in criminal investigation?
4. Why is DNA profiling a revolutionary testing process?
5. How does examination of firearms and related matters help investigate crime?
6. What does the course of scientists' training consist of?
TASK 2. Explain the meaning of the following words and expressions and use them in sentences of your own:
1. fatal fire in domestic premises
2. industrial fire
3. vehicle fire
4. fire-scene examination
5. investigation of shooting incidents
6. forensic science
7. on a case-by-case basis
8. crime specimen
9. DNA profiling
10. expert witness

Сколько офицеров служит в лондонской полиции?
28 тысяч. (Для справки: в Мос­ кве несут службу свыше 70 тысяч сотрудников милиции.)
Сколько вооруженных столк­ новений происходит в среднем в течение года?
В прошлом году возникло 1621 столкновение, стреляли дважды, один раз — со смертельным исхо­ дом. В состоянии ли главное поли­ цейское управление обеспечить быстрое реагирование на вызов полиции? Мы реагируем на звонки со­ гласно их первостепенной важнос­ ти. Если есть пострадавшие, пат­ руль прибывает спустя несколько минут после поступления вызова на пульт диспетчерской системы
Скотланд Ярда. Это позволяет на­ править на место происшествия ближайший дежурный патруль.
Вооружена ли Столичная По­ лиция? Лондонская полиция не воору­ жена. Однако в городе круглосу- точно действует специальный пат­руль на бронированных высоко­скоростных машинах. В состав этого патруля входят 3 вооружен­ных офицера полиции. Полицейс­кие машины оснащены компью­терными дисплеями, так что ин­формация о личности подозревае­мого сразу же поступает к опера­тивным работникам.
Какие достижения техничес­ кого прогресса использует Сто­ личная Полиция в расследовании преступлений? Например, мы используем ска­ нирующий электронный микрос­ коп для исследования улик, най­ денных на месте преступления, которые впоследствии могут пос­ лужить вещественными доказа­ тельствами, таких как отпечатки пальцев, фрагменты кожного и во­ лосяного покрова. Если не сущест­ вует специализированной эксперт­ ной методики (extensive investigative techniques), в каждом отдельном случае обращаются к гражданским специалистам и про­ водится узкоспециальная работа
(to resort to sophisticated job). По­ лиция также пользуется резуль­ татами исследований ДНК, по
Just English. Английский для юристов
Chapter III. Law Enforcement

этим результатам можно получить очень дороги, поэтому к ним при-массу информации. Однако, лабо- бегают лишь в наиболее сложных раторные методы исследования случаях.
TASK 4. Read the following text and translate the sentences given in bold type in writing:
Police Technology in the USA
Requests for police services are generally transmitted to headquarters by telephone and then by radio to officers in the field. Police have long operated on the theory that fast response time results in more arrests and less risk or injury to victims. The current trend is toward handling calls by priority, with emergency response reserved for cases involving an injured party or those in which a reasonable chance exists to prevent a crime or make an arrest at the scene. Modern computer-assisted dispatching systems permit automatic selection of the nearest officer in service. In some cities, officers can receive messages displayed on computer terminals in their cars, without voice communication from headquarters. An officer, for example, can key in the license number of a suspect car and receive an immediate response from the computer as to the status of the car and the owner's identity.
An increasing number of agencies are now using computers to link crime patterns with certain suspects. Fingerprints found at crime scenes can be electronically compared with fingerprint files.
In recent years technological advances have been made in such areas as voice identification, use of the scanning electron microscope, and blood testing which is an important tool because only 2 persons in 70,000 have identical blood characteristics. Some of the new laboratory techniques, although highly effective, are extremely expensive, so their use is limited to the most challenging cases.
TASK 5. Answer the following questions:
1. What are the current trends in police work in the USA?
2. What cases are handled by priority under the new approach? 3. How do computers assist in police work?
4. What technological advances have been made in law-and- order campaign?
5. Why is blood testing an important tool in crime detection?
TASK 6. Find in the text above the English equivalents for the following words and expressions:
1. пострадавшая сторона
2. предотвратить преступление
3. осуществить арест на месте преступления
4. отпечатки пальцев
5. быстрое реагирование
6. печатать, вводить с клавиатуры
7. технический прогресс
TASK 7. Render the following text into English paying special attention to the words and expressions given in bold type:
Большое число расследований уголовных преступлений, ведущихся американскими правоохранительными органами, вынудило ФБР приступить к созданию новой криминалисти­ческой лаборатории. Лаборатория будет оснащена новейшим оборудованием для баллистической, химической, судебно-ме­дицинской и других видов экспертизы, необходимых для рас­следования различных преступлений.
Лаборатория ФБР, которая находится в Вашингтоне, на протяжении многих лет остается крупнейшей и лучшей в стране. Однако в последнее время она не справляется с огром­ным потоком заданий, поступающих не только от головного ве­домства, но и из других правоохранительных органов.
Необходимость создания новой лаборатории продиктована также тем, что ФБР все чаще приходится заниматься рассле­дованием сложнейших дел, связанных с международным тер­роризмом, организованной преступностью и контрабандой нар­котиков.
Руководство ФБР планирует создание единой компьютер­ной базы данных всех правоохранительных органов США, ко­торая будет содержать информацию о преступниках и их со­общниках и вещественных доказательствах, собранных в ходе расследований.
Just English. Английский для юристов
It's Interesting to Know Alphonse Bertillion
The problem of identifying criminals was made much easier by Bertillion, who, in 1882, invented a system called anthropometry. As head of the identification department of the Paris police he had careful measurements made of the head, limbs and body of every criminal he could lay his hands on, who could then not get away in the future by giving a false name. Photography was also used for the first time. Many hundreds of criminals were caught in the first years of the system's operation, but it was soon replaced by fingerprinting. To Bertillion, though, must go the credit for creating the science of human identification.
Cybercop: An Alternative to Policeman?
Divide into groups — pro and con, and conduct a debate on the necessity of new technologies in police work.
Appoint the {Chair' of the debate who will give the floor to the speakers of both teams.
Use the active vocabulary from the Unit.

Just English. Английский для юристов
Chapter IV. Fair Trial: the Jury

Acquittal / Sentencing Apprehension Bringing charges Bringing in a verdict Imprisonment Jury trial Police custody Questioning
Arrange the legal actions listed above into a logical chain. What is the place of jury trial in this sequence?
Early Juries
A jury is a body of lay men and women randomly selected to determine facts and to provide a decision in a legal proceeding. Such a body traditionally consists of 12 people and is called a petit jury or trial jury.
The exact origin of the jury system is not known; various sources have attributed it to different European peoples who at an early period developed similar methods of trial The jury is probably of Frankish origin, beginning with inquisition, which had an accusatory and interrogatory function. Trial by jury was brought to England by the Normans in 1066.
In medieval Europe, trials were usually decided by ordeals, in which it was believed God intervened, revealing the wrongdoer and upholding the righteous. In the ordeal by water, for instance, a priest admonished the water not to accept a liar. The person whose oath was being tested was then thrown in. If he floated, his oath was deemed to have been perjured. If he was telling the truth, he might drown but his innocence was clear.
In 1215, however, the Catholic Church decided that trial by ordeal was superstition, and priests were forbidden to take part. As a result, a new method of trial was needed, and the jury system emerged.
At first the jury was made up of local people who could be expected to know the defendant. A jury was convened only to "say the truth" on the basis of its knowledge of local affairs. The word verdict reflects this early function; the Latin world from which it is derived, veredictum, means "truly said".
In the 14th century the role of the jury finally became that of judgment of evidence. By the 15th century trial by jury became the dominant mode of resolving a legal issue. It was not until centuries later that the jury assumed its modern role of deciding facts on the sole basis of what is heard in court.
TASK 1. Find in the text the words that mean the following: examination of a case before a court of law; a former method of trial used to determine guilt or innocence by subjecting the accused person to serious physical danger, the result being regarded as a divine judgment; a solemn appeal to a court to witness one's determination to speak the truth; freedom from sin or moral wrong; a belief or practice resulting from ignorance, fear of the unknown, trust in magic or chance.
TASK 2. Answer the following questions:
1. What is a jury?
2. How were cases resolved before jury system emerged?
3. Why was there a need for jury system?
4. What was the function of the first juries?
5. How did the function of the jury change through the centuries? TASK 3. Read the following text and write down the Russian equivalents for the words and expressions given in bold type:
Ordeal is a judgement of the truth of some claim or accusation by various means based on the belief that the outcome will reflect the judgement of supernatural powers and that these powers will no Just English. Английский для юристов
Chapter IV. Fair Trial: the Jury

ensure the triumph of right. Although fatal consequences often attend an ordeal, its purpose is not punitive.
The main types of ordeal are ordeals by divination, physical test, and battle. A Burmese ordeal by divination involves two parties being furnished with candles of equal size and lit simultaneously; the owner of the candle that outlasts the other is adjudged to have won his cause. Another form of ordeal by divination is the appeal to the corpse for the discovery of its murderer.
The ordeal by physical test, particularly by fire or water, is the most common. In Hindu codes a wife may be required to pass through fire to prove her fidelity to a jealous husband; traces of burning would be regarded as proof of guilt. The practice of dunking suspected witches was based on the notion that water, as the medium of baptism, would 'accept', or receive, the innocent and 'reject' the guilty. Court officials would tie the woman's feet and hands together and then drop her into some deep water. If she went straight to the bottom and drowned, it was a sure sign that she wasn't a witch. On the other hand, if she didn't sink and just bobbed around for a while, the law said she was to be condemned as a witch.
In ordeal by combat, or ritual combat, the victor is said to win not by his own strength but because supernatural powers have intervened on the side of the right, as in the duel in the European Middle Ages in which the 'judgement of God' was thought to determine the winner. If still alive after the combat, the loser might be hanged or burned for a criminal offence or have a hand cut off and property confiscated in civil actions.
TASK 4. Answer the following questions:
1. What was the purpose of ordeal in early ages?
2. What were the main types of ordeals?
3. What did ordeal by divination consist of?
4. What did ordeal by fire have to prove?
5. In what way was ordeal by water devised?
6. What concept was at the basis of ordeal by combat?

It's Interesting' to Know
Instructions for Justices of the Peace in The 16thand 17th Century England Relating to Witches
1. Conjuration, or Invocation of any evil Spirit, for any intent, or to be counselling, or aiding thereto, is Felony without benefit of Clergy.
2. To consult, entertain, employ, feed, or reward any evil
Spirit, to or for any intent or purpose, is Felony in such offenders, their aiders and counsellors.
3. To take up any dead body, or any part thereof, to be employed or used in any manner of Witchcraft, is Felony in such offenders, their aiders and counsellors.
4. Also to use or practice Witchcrafts, Enchantment, Charm, or Sorcery, whereby any person shall be killed, pinned, or lamed in any part of their body, or to be counselling or aiding thereto, is Felony. By the ancient common law such offenders were to be burned. Now against these Witches, (being the most cruel, revengeful, and bloody of all the rest) the Justices of Peace may not always expect direct evidence, seeing all their works are the works of darkness, and no witnesses present with them to accuse them.
These are the main points to discover and convict these Witches; for they prove fully that those Witches have made a League with the Devil:
I. These Witches have ordinarily a Spirit, which appeareth to them; sometimes in one shape, sometimes in another; as in the shape of a Man, Woman, Boy, Dog, Cat, Foal, Fowl, Hare, Rat, Toad,
& And to these Spirits they give names, and they meet together to christen them (as they speak).
10. The Testimony of other Witches, confessing their own Witchcrafts, and witnessing against the suspected, that they have Spirits or Marks; that they have been at their meetings; that they have told them what harm they have done.
II. If the dead body bleeds upon the Witches touching it.
13. The Examination and Confession of the Children (able & fit to answer) or Servants of the Witch. Also whether they have seen her call upon, speak to, or feed any Spirit, or such like, or have heard her foretell of this mishap, or speak of her power to hurt, or of her transportation to this or that place.
14. Their own voluntary Confession (which exceeds all other evidence), of the hurt they have done, or of the giving of their souls to the Devil, and of the Spirits which they have, how many, how they call them, and how they came by them.
Just English. Английский для юристов
Chapter IV. Fair Trial: the Jury

TASK 1. Read the following text and write down Russian equivalents for the words and expressions in bold type:
The Fear of Jury Duty
For Americans, serving jury duty has always been a dreaded chore. There is plenty of history behind this fear. In colonial days, jurors were locked in a small room with no ventilation and were denied food and water in an attempt to inspire a quick verdict. If the jurors returned with the wrong decisions, they too were charged with a crime. As more and more laws were passed, the rules of evidence expanded and trials became longer, which resulted in more technical and increasingly boring hours for jurors. Trial lawyers have tried to change the boredom by replacing endless hours of testimony with computer animation, video reconstructions, color charts and graphics to better explain the evidence.
The judicial system depends on juries. The United States Constitution guarantees its citizens the right to a trial by jury of their peers. When summoned for jury duty, Americans should look upon it as an opportunity to serve their country, their community, and their fellow citizens.
Each year, over 5 million Americans are summoned for jury duty to render verdicts in approximately 120,000 trials.
Prospective jurors are chosen at random from voter registration lists. When people are chosen for jury duty, they are often shown a video tape explaining the jury system or given a HANDBOOK ON JURY SERVICE.
TASK 2. Answer the following questions:
1. Why have Americans always feared the jury service?
2. In what conditions were jurors kept in colonial days? Why?
3. How has trial procedure changed through the years?
4. Why is the right to a jury trial considered to be so important for the U.S. citizens? fhe following text comes from a handbook on jury service for the U.S. citizens.
Jury Service — an Important Job and a Rewarding Experience
The right to trial by a jury of our fellow citizens is one of our most important rights and is guaranteed by the Constitution of the United States. By serving on a jury, then, you are helping to guarantee one of our most important freedoms. *
Your job as a juror is to listen to all the evidence presented at trial and to 'decide the facts' — that is, to decide what really happened. The judge, on the other hand, 'decides the law' — that is, makes decisions on legal issues that come up during the trial. For example, the judge may have to decide whether you and the other jurors may hear certain evidence or whether one lawyer may ask a witness a certain question. You should not try to decide these legal issues, sometimes you will even be asked to leave the courtroom while they are being decided. Both your job and that of the judge must be done well if our system of trial by jury is to work. In order to do your job you do not need any special knowledge or ability. It is enough that you keep an open mind, concentrate on the evidence being presented, use your common sense, and be fair and honest. Finally, you should not be influenced by sympathy or prejudice: it is vital that you be impartial with regard to all people and all ideas.
Many jurors find that it is exciting to learn about this most important system 'from the inside', and challenging to deal fairly and thoroughly with the cases they hear. We hope that you, too, find your experience as a juror to be interesting and satisfying.
How You Were Chosen
Your name was selected at random from voter registration records and placed on a list of potential jurors. Next, your answers to the Questionnaire for Jurors were evaluated to make sure that you were eligible for jury service and were not exempt from service. To be eligible, you must be over 18 years of age, a citizen of the United States, a resident of the county in which you are to serve as a juror, able to communicate in the English language and if you have been convicted of a felony, you must have had your civil rights restored. People who meet these requirements may be excused from

Just English. Английский для юристов
Chapter IV. Fair Trial: the Jury

jury service if they have illnesses that would interfere with their ability to do a good job, would suffer great hardship if required to serve, or are unable to serve for some other reason.
You are here because you were found to be eligible for jury duty and were able to serve. You are now part of the 'jury pool', the group of people from which trial juries are chosen.

3. What qualities should a good juror have?
4. What requirements should one meet to be eligible for jury service? 5. What are the reasons for a person to be excused from jury service? 6. What is a jury pool?

TASK 3. Find in the text above the English equivalents for the following words and expressions:
1. показания
2. анкета для присяжных
3. списки избирателей
4. предубеждение
5. судебное разбирательство
6. вопросы права
7. фонд, резерв присяжных
8. сохранять объективность в подходе к вопросу, делу
9. освобождать от обязанностей присяжного

10. подходить для службы в жюри присяжных
11. заслушивать показания
12. исключать из состава присяжных
13. восстанавливать в гражданских правах
14. тщательно и беспристрастно рассматривать дело
15. удовлетворять требованиям
TASK 4. Explain the meaning of the following words and expressions: fellow citizens evidence to decide the law to decide the facts courtroom common sense prejudice to be impartial
TASK 5. Answer the following questions:
1. What is the job of a juror?
2. What is the job of a judge?
TASK 6. Translate the following text into English, paying special attention to the words and expressions in bold type:
Требования, предъявляемые к присяжным заседателям.
В список присяжных заседателей не включаются лица: не внесенные в списки избирателей; не достигшие к моменту составления списков присяжных заседателей возраста 25 лет; имеющие неснятую или непогашенную судимость; признанные судом недееспособными. .
Из списков присяжных заседателей исключаются: лица, не владеющие языком, на котором ведется судопро­ изводство в данной местности; немые, глухие, слепые и другие лица, являющиеся инва­ лидами; военнослужащие; судьи, прокуроры, следователи, адвокаты, нотариусы; священнослужители. TASK 7. The word EVIDENCE has the following meanings in Russian:
1) доказательство evidence at law — судебные доказательства
2) показания evidence for the defence — показания свидетелей защиты
3) улики evidence of crime — улики
4) свидетельство written evidence — письменное свидетельство
Just English. Английский для юристов
Chapter IV. Fair Trial: the Jury

Match the following English expressions with their Russian equivalents: 8. Study the following Juror's Excusal/Postponement Form. Imagine that you are a juror not willing to perform your jury duty. Fill in the form stating your own reasons:

1. evidence in the case
а) вещественное доказательство
2. evidence on oath
3. to give/offer/introduce/ produce evidence
b) давать показания, представить доказательства
с) доказательства вины; улики
4. to plant evidence 5. to weigh evidence 6. to withhold evidence
7. evidence wrongfully obtained
d) доказательства или показания по делу
е) доказательства, показания, полученные с нарушением закона
f) доказательство из первых рук
8. evidence of guilt
g) заключение эксперта
9. circumstantial evidence
h) косвенное доказательство
10. conclusive/ decisive evidence
11. expert evidence
i) лжесвидетельство
j) ложное доказательство, показание
12. false evidence
к) недостаточное доказательство
13. first hand evidence 14. insufficient evidence 15. irrefutable evidence
1) неопровержимое доказательство
т) окончательное, решающее доказательство
16. perjured evidence
п) оценить доказательства
17. physical evidence
о) показания под присягой

р) скрыть доказательства

q) сфабриковать доказательства
You may be disqualified / exempt from Jury Duty for the reasons listed below by checking the appropriate item, or enter your request in the area provided
П Convicted Felon (Civil Rights not Restored)
CI Presently under prosecution for a crime
П Not a resident of County
П Not a citizen of the United States
You may be EXEMPT from Jury Duty for reasons listed below
П 70 or older and wish to be temporarily excused
□ 70 or older and wish to be permanently excused
Q Physically unable (Doctor's note must be submitted)
П Parent, not employed full time with custody of child under age 6
О Expectant Mother
П Served on Jury Duty in past 12 months
[И Full-time law enforcement officer
I request to be excused or postponed because
Any request for excusal or postponement must be received at least 7 days prior to your report date. You will be notified by mail regarding the status of your request and postponement date, if applicable.
Phone number (Home and Work)
Just English. Английский для юристов ChaPter TV- Fair Trial: the Jury

TASK 1. Read the following text and write down Russian equivalents for the words and expressions in bold type:
The first step in the selection of the trial jury is the selection of a 'jury panel'. When you are selected for a jury panel you will be directed to report, along with other panel members, to a courtroom in which a case is to be heard once a jury is selected. The judge assigned to that case will tell you about the case and will introduce the lawyers and ^— the people involved in the case. You will also take an oath, by which you promise to answer all questions truthfully. Following this explanation of the case and the taking of the oath, the judge and the lawyers will question you and the other members of the panel to find out if you have any personal interest in it, or any feelings that might make it hard for you to be impartial. This process of questioning is called Voir Dire, a phrase meaning "to speak the truth".
Many of the questions the judge and lawyers ask you during Voir Dire may seem very personal to you, but you should answer them completely and honestly. Remember that the lawyers are not trying to embarrass you, but are trying to make sure that members of the jury do'not have opinions or past experiences which might prevent them from making an impartial decision.
During Voir Dire the lawyers may ask the judge to excuse you or another member of the panel from sitting on the jury for this particular case. This is called challenging a juror. There are two types of challenges. The first is called a challenge for cause, which means that the lawyer has a specific reason for thinking that the juror would not be able to be impartial. For example, the case may involve the theft of a car. If one of the jurors has had a car stolen and still feels angry or upset about it, the lawyer for the person accused of the theft could ask that the juror be excused for that reason. There is no limit on the number of the panel members that the lawyers may have excused for cause.
The second type of challenge is called a peremptory challenge, which means that the lawyer does not have to state a reason for aSking that the juror be excused. Like challenges for cause, peremptory challenges are designed to allow lawyers to do their best to assure that their clients will have a fair trial. Unlike challenges for cause, however, the number of peremptory challenges is limited.
Please try not to take offence if you are excused from serving on a particular jury. The lawyer who challenges you is not suggesting that you lack ability or honesty, merely that there is some doubt about your impartiality because of the circumstances of the particular case and your past experiences. If you are excused, you will either return to the juror waiting area and wait to be called for another panel or will be excused from service, depending on the local procedures in the county in which you live.
Those jurors who have not been challenged become the jury for the case. Depending on the kind of case, there will be either six or twelve jurors. The judge may also allow selection of one or more alternate jurors, who wiH serve if one of the jurors is unable to do so because of illness or some other reason.
TASK 2. Find in the text above the English equivalents for the following words and expressions:
1. состав присяжных
2. отвод присяжного
3. мотивированный отвод
4. немотивированный отвод
5. присяжные, подобранные для судебного рассмотрения дела
6. присяжный запасного состава
7. принять присягу
8. принять беспристрастное решение
9. указать причину отвода
10. явиться в зал заседания
TASK 3. Answer the following questions:
1. What is the aim of Voir Dire?
2. What does the procedure of Voir Dire consist of?

Just English. Английский для юристов
3. What is challenging a juror?
4. What are the types of challenge?
5. Why is the number of peremptory challenges limited?
6. What aims do lawyers pursue while challenging jurors?
7. What is the number of jurors sitting on a case?
8. Who are alternate jurors?
TASK 4. The Russian expression СУДЕБНЫЙ ПРОЦЕСС has the following equivalents in English:
1) litigation — судебный процесс, спор, тяжба civil litigation — судебный процесс по гражданскому делу local litigation — тяжба в местном суде litigation expenses — судебные издержки issue in the litigation — предмет судебного спора
2) lawsuit — судебный процесс, судебное дело, иск, тяжба, правовой спор, судебный спор, судебное разбирательство to be cast in lawsuit — проиграть судебный процесс party to a lawsuit — сторона по делу to file a lawsuit — подать иск
3) suit — судебный процесс, иск, преследование по суду, судебное дело, судебная тяжба, судопроизводство to win / to lose a suit — выиграть / проиграть судебный процесс to mount a suit — предъявить иск to press a suit — оказывать давление на ход судебного про­цесса to bring a suit — возбудить дело, тяжбу
4) trial — судебный процесс, судебное разбирательство, слушание дела open(-court) trial — открытый судебный процесс to conduct / hold a trial — вести судебный процесс staged trial — инсценированный судебный процесс trial by jury — рассмотрение дела с участием присяжных to bring to trial / to put (up) on trial / to place on trial — предать суду to face trial — предстать перед судом to stand trial — отвечать перед судом civil trial — гражданское судопроизводство criminal trial — уголовное судопроизводство

Chapter IV. Fair Trial: the Jury preliminary trial — предварительное слушание дела case for trial/ trial case — дело, подлежащее судебному рас­смотрению case on trial — дело на стадии судебного рассмотрения delay in trial — задержка судебного разбирательства, от­срочка судебного разбирательства trial docket / trial list — список дел к слушанию investigation at the trial — судебное следствие party to a trial — сторона в процессе; участник процесса
5) cause — судебный процесс, судебное дело, тяжба legal cause — судебное дело, законное основание major /minor cause — дело о тяжком/ малозначительном правонарушении costs in the cause — судебные издержки, издержки в про­цессе cause list — список дел к слушанию side in a cause — сторона по делу
6) controversy — гражданский судебный цроцесс, правовой спор, судебный спор legal controversy — правовой спор; судебный спор to decide a controversy — решить спор party in controversy — сторона в судебном споре
7) process — судебный процесс, процедура, порядок, производство дел, судопроизводство, процессуальные нормы investigation process — процесс расследования
8) proceeding(s) — судебный процесс, рассмотрение дела в суде, судебное разбирательство, судебная процедура, производство по делу, судопроизводство to take criminal proceeding(s) — возбудить уголовное пре­следование civil proceeding(s) — гражданское производство criminal proceeding(s) — уголовное судопроизводство forfeiture proceeding(s) — процедура конфискации
Find in the list above the English equivalents for the following Russian expressions:
1. судебные издержки
2. сторона по делу

Just English. Английский для юристов
Chapter IV. Fair Trial: the Jury

3. тяжба
4. проиграть / выиграть судебный процесс
5. возбудить дело
TASK 5. Translate the following text into English, paying special attention to the words and expressions in bold type:
Формирование скамьи присяжных заседателей включает: составление списков присяжных заседателей, приглашение их в судебное заседание, выявление судьей объективности и непредвзятости при рассмотрении данного дела у приглашенных в суд при­сяжных заседателей,
• использование сторонами права на мотивированный и не­ мотивированный отвод присяжных заседателей.
В результате остаются 12 основных и 2 запасных присяж­ных заседателя.
От исполнения обязанностей присяжного заседателя по кон­кретному делу председательствующий судья освобождает вся­кого, чья объективность вызывает обоснованные сомнения вследствие оказанного на это лицо незаконного воздействия, на­личия у него предвзятого мнения, знания им обстоятельств дела из непроцессуальных источников, а также по другим причинам.
"Клянусь исполнять свои обязаннос­ти честно и беспристрастно, прини­мать во внимание все рассмотрен­ные в суде доказательства, доводы, обстоятельства дела и ничего, кроме них, разрешать дело по своему внут­реннему убеждению и совести, как подобает свободному гражданину и справедливому человеку". (Россия)
TASK 6. Complete the following text using the words from the box: The Jury in Britain criminal offence; acquitted; challenge; civil cases; convicted; disqualified; liable for; ownership of property; randomly; right of appeal; evidence; judiciary; verdict; unanimous; undertake
Trial by jury is an ancient and important feature of English justice. Although it has declined in (except for libel and fraud), it is the main element in criminal trials in the crown court. Jury membership was once linked to the , which resulted in male and middle-class dominance. But now most categories of British residents are obliged to jury service when summoned.
Before the start of a criminal trial in the crown court, 12 jurors are chosen from a list of some 30 names selected from local electoral registers. They listen to the at the trial and give their verdict on the facts, after having been isolated in a separate room for their deliberations. In England, Wales and
Northern Ireland the may be 'guilty' or 'not guilty', the latter resulting in acquittal. Until 1967 the verdict had to be • But now the judge will accept a majority verdict after the jury has deliberated for more than two hours provided that, in the normal jury of 12 people, there are no more than two dissenters.
In Scotland the jury's verdict may be 'guilty', 'not guilty' or
'not proven', the accused is if either of the last two verdicts is given. As a general rule no one may be without corroborated evidence from at least two sources.
If the jury acquits the defendant, the prosecution has no and the defendant cannot be tried again for the same offence.
A jury is independent of the _
Just English. Английский для юристов
Chapter IV. Fair Trial: the Jury

Just for Fun
Jury — a group of twelve men who, having lied to the judge about their hearing, health, and business engagements, have failed to fool him.
Henry Lewis Mencken
TASK 1. Read the following text and write down Russian equivalents for the words and expressions in bold type:
The number of the days you work as a juror and your working hours depend on the jury selection system in the county in which you live. Working hours may also be varied by the judge to accommodate witnesses coming from out of town or for other reasons.
Regardless of the length of your working day, one thing that may strike you is the amount of waiting. For example, you may have to wait a long while before you are called for a jury panel. You also may be kept waiting in the jury room during trial while the judge and the lawyers settle a question of law that has come up.
This waiting may seem like a waste of time to you and also may make it seem as if the court system isn't working very well. In reality, however, there are good reasons for the waiting you do both before and during trial.
Your having to wait before trial is important for the efficient operation of the system. Because there are many cases to be heard and because trials are expensive, judges encourage people to come to an agreement in their case before trial. These agreements, called settlements, can occur at any time, even a few minutes before the trial is scheduled to begin. This means that it is impossible to know exactly how many trials there will be on a particular day or when they will start. Jurors are kept waiting, therefore, so that they are immediately available for the next case that goes to trial.
Your waiting during trial helps assure the fairness of the proceedings. You will remember that the jurors decide the facts and that the judge decides the law. If you are sent out of the courtroom during trial, it is probably because a legal issue has come up that must be decided before more evidence can be presented to, you. You are sent out because the judge decides that you should not hear the discussion about the law, because it might interfere with your ability to decide the facts in an impartial way. Sometimes the judge will explain why you were sent out, but sometimes he may not be able to do so. Please be assured, however, that these delays during trial, explained or not, are important to the fairness of the trial.
In any case, judges and personnel do whatever they can to minimize the waiting before and during trial. Your understanding is appreciated.
TASK 2. Answer the following questions:
1. What does a juror's working day depend on?
2. What is a settlement?
3. When and why are jurors sent out of the courtroom during trial? Courtroom Personnel
In addition to the lawyers and the judge, three other people will play an important role in the trial. The court reporter, who sits close to the witnesses and the judge, puts down every word that is spoken during the trial and also may record the proceedings on tape. The clerk, who sits right below the judge, keeps track of all documents and exhibits and notes down important events in the trial. The bailiff helps to keep the trial running smoothly. The jury is in the custody of the bailiff, who sees to the jurors comfort and convenience and helps them if they are having any problems related to jury service.
TASK 3. Find in the text above the English equivalents for the following words and expressions:
1. судебный секретарь
2. вещественное доказательство
3. вести магнитофонную запись
4. судебный пристав
5. протоколист суда
Just English. Английский для юристов
Chapter IV. Fair Trial: the Jury

TASK 4. Look at the picture of an American courtroom. Match the numbers in the picture with the words below:
□ witness stand
□ prosecuting attorney
D bailiff
□ jury box
П judge's bench
□ courtroom
TASK 5. Read the letter of the inmate of San Quentin Prison (USA). Using the picture above, explain why the courtroom layout is described as unfavourable for the defendant in the text:
A View From Behind Bars
I want to talk about the way that courtrooms are laid out. I think that by their design, it already puts the defendant at a disadvantage when he goes to trial. Maybe you think that it is ridiculous to claim that the way a courtroom is laid out has an impact on a trial, but let me explain.When you walk into a courtroom in California, the floorplan is basically the same as any other. Since most people have seen at least one trial on TV, you can probably visualise what I am describing. If you sit in the jury box and look out over the courtroom, here is what you will see. Closest to the jury is a witness stand where the witnesses sit when they testify. On the other side of the witness stand is the Judge's Bench sitting high above everything else, so as to give an air of authority. Facing the Bench and witness stand are the tables where the prosecutor and defence sit during the course of the trial. In between the prosecutor and defence table is a podium that the lawyers stand at when they address the court and the jury. Sitting closest to the jury box is always the prosecutor's table, then the podium, and on the other side of that is the defence table. The person on trial is as far away from the jury as it is possible. When I was on trial, I couldn't even see half of the jury, unless I leaned out over the table to look at them. So, this set-up seems to make the person on trial distant, and not even a real part of the proceedings, which in my opinion, makes it easier for the jury to depersonalise you when you are on trial. Meanwhile, the prosecutor is damned near sitting in the jury's lap all through the trial and the jury has the tendency to relate with the prosecutor a lot easier. This might sound like a trivial thing, but consider this. A witness for the defence is on the witness stand and giving his or her testimony, but all through the witness's testimony, the prosecutor is sitting right next to the jury and reacting to everything the witness says by facial expressions and body language. And, if you are saying that this doesn't have an impact on a jury, then you are very naive... or a prosecutor.
TASK 6. Translate the following definitions in writing:
CASE — any proceeding, action, cause, lawsuit or controversy initiated through the court system by filing a complaint, petition or information. WITNESS — a person who testifies under oath in court regarding what was seen, heard or otherwise observed. TRIAL — the presentation of evidence in court to a trier of facts who applies the applicable law to those facts and then decides the case. EVIDENCE — a form of proof legally presented at a trial through witnesses, records, documents, etc.
Just English. Английский для юристов
Chapter IV. Fair Trial: the Jury

TASK 7. Read the text carefully and comment on the advice given to jurors. Be ready to explain the relevance of each item:
Do's and Don'ts for Jurors
During trial
1.DO arrive on time. The trial can not proceed until all jurors are present. Do return to the courtroom promptly after breaks and lunch. 2.DO pay close attention to witnesses. Concentrate both on what the witnesses say and on their manner while testifying. If you cannot hear what is being said, raise your hand and let the judge know. 3. DO keep an open mind all through the trial. DON'T form an opinion on the case until you and the other jurors have conducted your deliberations. Remember that if you make up your mind while listening to one witness's testimony, you may not be able to consider fully and fairly the testimony that comes later.
4. DO listen carefully to the instructions read by the judge immediately before the jury begins its deliberations. Remember that it is your duty to accept what the judge says about the law to be applied to the case you have heard. DON'T ignore the judge's instructions because you disagree about what the law is or ought to be.
5. DON'T talk about the case with anyone while the trial is going on, not even with other jurors. It is equally important that you do not allow other people to talk about the case in your presence, even a family member.
6. DON'T talk to the lawyers, parties, or witnesses about anything. These people are not permitted to talk to jurors and may appear to ignore you outside the courtroom. Remember that they are not trying to be rude: they are merely trying to avoid giving the impression that something unfair is going on.
7. DON'T try to discover evidence on your own. For example, never go to the scene of any event that is part of the case you are hearing. Remember that cases must be decided only on the basis of evidence admitted in court.

8. DON'T let yourself get any information about the case from newspapers, television, radio, or any other source. Remember that news reports do not always give accurate or complete information.
Even if the news about the trial is accurate, it cannot substitute for your own impressions about the case. If you should accidentally hear outside information about the case during trial, tell the bailiff about it in private.
9. DON'T express your opinion about the case to other jurors until deliberations begin. A person who has expressed an opinion tends to pay attention only to evidence that supports it and to ignore evidence that points the other way.
During deliberations
1. DO consult with the other jurors before making up your mind about a verdict. Each juror must make up his or her own mind, but only after impartial group consideration of the evidence.
2. DO reason out differences of opinion between jurors by means of a complete and fair discussion of the evidence and of the judge's instructions. DON'T lose your temper, try to bully other jurors, or refuse to listen to the opinions of other jurors.
3. DO reconsider your views in the light of your deliberations, and change them if you have become convinced they are wrong.
DON'T change your convictions about the importance or effect of evidence, however, just because other jurors disagree with you or so that the jury can decide on a verdict.
4. DON'T play cards, read, or engage in any other diversion.
5. DON'T mark or write on exhibits or otherwise change or injure them.
6. DON'T cast lots or otherwise arrive at your verdict by chance, or the verdict will be illegal.
7. DON'T talk to anyone about your deliberations or about the verdict until the judge discharges the jury. After discharge you may discuss the verdict and the deliberations with anyone to whom you wish to speak. DON'T feel obligated to do so; no juror can be forced to talk without a court order. DO be careful about what you say to others. You should not say or write anything that you would not be willing to state under oath.
TASK 8. Translate the following into English:
Присяжный заседатель не должен:
• отлучаться из зала судебного заседания во время слуша­ния дела,
Just English. Английский для юристов
Chapter IV. Fair Trial: the Jury

общаться по делу с лицами, не входящими в состав суда, без разрешения председательствующего, собирать сведения по делу вне судебного заседания.
Just for Fun
A jury consists of twelve persons chosen to decide who has the better lawyer.
* * *
"You seem to be in some distress," said the judge to the witness. "Is anything wrong?"
"Well, your Honour," said the witness, "I swore to tell the truth and nothing but the truth, but every time I try, some lawyer objects!"
'.* * *
A man had been convicted of theft on circumstantial evidence. When the case was sent for appeal, he revealed to his lawyer that he had been in prison at the time of the crime committed. "Good Heavens, man!" said the lawyer. "Why on earth didn't you reveal that fact at the trial?"
"Well," said the man, "I thought it might prejudice the jury against me."
* * *
A man accused of stealing a watch was acquitted on insufficient evidence. Outside the courtroom he approached his lawyer and said, "What does that mean — acquitted?"
"It means," said the lawyer, "that the court has found you innocent. You are free to go."
"Does it mean I can keep the watch?" asked the client.
* * *
First juror: "We shouldn't be here very long. One look at those two fellows convinces me that they are guilty."
Second juror: "Not so loud, you fool! That's counsel for the prosecution and counsel for the defence!"

TASK 1. Read the following text and write down Russian equivalents for the words and expressions in bold type:
As a juror, you may sit on a criminal case, a civil case, or both.
Civil Cases
Civil cases are usually disputes between or among private citizens, corporations, governments, government agencies, and other organisations. Most often, the party bringing the suit is asking for money damages for some wrong that has been done. For example, a tenant may sue a landlord for failure to fix a leaky roof, or a landlord may sue a tenant for failure to pay rent. People who have been injured may sue a person or a company they feel is responsible for the injury.
The party bringing the suit is called the plaintiff; the party being sued is called the defendant. There may be many plaintiffs or many defendants in the same case.
The plaintiff starts the lawsuit by filing a paper called a complaint, in which the case against the defendant is stated. The next paper filed is usually the answer, in which the defendant disputes what the plaintiff has said in the complaint. The defendant may also feel that there has been a wrong committed by the plaintiff, in which case a counterclaim will be filed along with the answer. It is up to the plaintiff to prove the case against the defendant. In each civil case the judge tells the jury the extent to which the plaintiff must prove the case. This is called the plaintiff's burden of proof, a burden that the plaintiff must meet in order to win. In most civil cases the plaintiff's burden is to prove the case by a preponderance of evidence, that is, that the plaintiff's version of what happened in the case is more probably true than not true.
Jury verdicts do not need to be unanimous in civil cases. Only ten jurors need to agree upon a verdict if there are 12 jurors: five must agree if there are six jurors.
Criminal Cases
A criminal case is brought by the state or by a city or county against a person or persons accused of having committed a crime. The state, city, or county is called the plaintiff; the accused person is called the defendant. The charge against the defendant is called an information or a complaint. The defendant has pleaded not guilty and you should presume the defendant's innocence throughout the entire trial unless the plaintiff proves the defendant guilty. The plaintiff's burden of proof is greater in a criminal case than in a civil case. In each criminal case you hear the judge will tell you all the elements of the crime that the plaintiff must prove; the plaintiff must prove each of these elements beyond reasonable doubt before the defendant can be found guilty.
Just English. Английский для юристов
Chapter IV. Fair Trial: the Jury

In criminal cases the verdict must be unanimous, that is, all jurors must agree that the defendant is guilty in order to overcome the presumption of innocence.
TASK 2. Find in the text above the English equivalents for the following words and expressions:
1. заявление об обвинении
2. элемент (состава) преступления
3. презумпция невиновности
4. показания (2)
5. истец
6. судебное разбирательство (3)
7. частные лица
8. денежная компенсация ущерба
9. единогласное решение присяжных

10. наличие более веских доказательств
11. письменные объяснения, возражения ответчика по делу
12. ответчик
13. встречный иск
. 14. бремя доказывания
15. ответственность за ущерб
16. подать иск / возбудить дело
17. заслушать показания
18. заявить о своей невиновности
TASK 3. Translate the following definitions into Russian:
DEFENDANT — (crim.) person charged with a crime;
(civ.) person or entity against whom a civil action is brought. ACTION — proceeding taken in court synonymous to case, suit, lawsuit. PREPONDERANCE OF EVIDENCE — the weight of evidence presented by one side is more convincing to the trier of facts than the evidence presented by the opposing side. PLAINTIFF — the party who begins an action, complains or sues. COUNTERCLAIM — claim presented by a defendant in opposition to the claim of the plaintiff. COMPLAINT — (crim.) formal written charge that a person has committed a criminal offence;
(civ.) initial document filed by a plaintiff which starts the claim against the defendant.
TASK 4. Match the following English expressions with their Russian equivalents:

1) evidence for the plaintiff
вызывать истца в суд
judgement for the plaintiff
выступать в суде
plaintiff's claim

в качестве адвоката истца
to appear for the plaintiff
доказательства в пользу
to call the plaintiff

witness by the plaintiff
исковое требование

e) свидетель, выставленный


судебное решение в пользу

TASK 5. The word DEFENDANT has the following meanings in Russian:
1) ответчик civil defendant — ответчик
2) обвиняемый bailed defendant — обвиняемый или подсудимый, освобож­дённый (из-под стражи) под залог
3) подсудимый judgement for the defendant — судебное решение в пользу ответчика или подсудимого
4) подзащитный representation of defendant — представительство интересов подзащитного или подсудимого
Match the following English expressions with their Russian equivalents:

1) convicted defendant
подсудимый, содержащийся
defendant in custody

под стражей
defendant's record
defendant's story
досье подсудимого
defendant's witness
свидетель, выставленный

ответчиком / подсудимым

e) версия, выдвинутая

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Chapter IV. Fair Trial: the Jury

TASK 6. Answer the following questions:
1. What is a civil case?
2. Who is a plaintiff?
3. Who is a defendant?
4. What is a complaint?
5. What is an answer?
6. What is a counterclaim?
7. What is a burden of proof?
8. What is a criminal case?
9. What is preponderance of evidence?

10. How many jurors are necessary to agree upon the verdict in a criminal case?
11. Who is the plaintiff in a criminal case?
12. What is meant by the presumption of innocence?
TASK 7. Study the article below and decide the following:
1. What are the names of the plaintiff and the defendant in the lawsuit?
2. What was the issue at the heart of the dispute?
3. What were the claims of both parties?
4. How did the Random House editor describe the manuscript?
5. How did Joan Collins' attorney build up the defence?
6. What was the jury's verdict?
Joan Collins Has Starring Role in Lawsuit not met the terms of her contract and had to return the advance money. "Miss Collins should be treated like any other person," Callagy said. "If you sign the contract, you must perform."
Former Random House editor Joni Evans testified that in 1991, when she first read Collins' manuscript, she felt 'alarmed'. "It just wasn't working in any shape or form," said Evans, now a literary agent. "It was no good. It wasn't grounded in reality. It was dull, primitive and rough. It was cliched in plot."
Collins' attorney, Kenneth David Burrows, argued that the actress had submitted two complete manuscripts, A Ruling Passion, written in 1991 at her home in France, and a second manuscript with the working title Hell Hath No Fury. Thus she had turned in the required number of words and therefore had complied with the contract. He also said Random House should have provided her with editing and advice but instead it was trying to avoid meeting its obligations. He argued earlier that under the 1990 book deal she was guaranteed the money even if the publisher rejected the book.
Verdict. The jury decided that Collins had completed one manuscript in compliance with her contract. But Random House did not have to pay her for the second manuscript because it was merely a rehashing of the first one and not a separate piece of work. The verdict meant Collins could keep the advance and collect more from Random House, though how much more remained in dispute.

Reuter and Associated Press NEW YORK
British actress Joan Collins made her debut Tuesday in a New York courtroom, battling publishing giant Random House over a multimillion-dollar book contract. Random House is suing Collins, demanding the return of a $1.2 million advance paid to her for manuscripts it claims were unfinished and unpublishable. Collins, best known for playing the scheming Alexis Carrington in the television series Dynasty, has countersued for $3.6 million she claims the publishing house still owes her.
Collins said she "felt completely shattered and let down" by the lawsuit. "It has seriously upset my writing career and my reputation," she said.
The dispute centered on a simple question: what is a completed manuscript?
Delivering the opening argument for Random House, attorney Robert Callagy said Collins had
ROLE-PL A Y Is Justice Done?
Role play the Joan Collins trial.
STEP 1, Write down the speeches for the opening and closing arguments of the parties' attorneys. STEP 2. Role play the trial: 'the lawyers' deliver their speeches;
'the defendant' testifies in court. STEP 3. The rest of the group' — the jurors ~ deliberate the evidence and bring in a verdict of their own.
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Chapter IV. Fair Trial: the Jury

It's Interesting to Know
Curious Wills
• When Margaret Montgomery of Chicago died in 1959, she left her five cats and a $15,000 trust fund for their care to a former employee, William
Fields. The will stipulated that Fields was to use the trust income solely for the cats' care and feeding, including such delicacies as pot roast meat If, however, he outlived all the cats, Fields would inherit the trust principal. Nine years later the last cat, Fat Nose, died at 20, and Fields, 79, was $15,000 richer.
Charles Vance Millar, a Canadian lawyer and financier who died a bachelor in 1926, bequeathed the bulk of his fortune to whichever Toronto women gave birth to the largest number of children in the 10 years after his death. Four women eventually tied in the 'stork derby' that followed the publication of his will. Each had 9 children, and they shared between them
$750,000. A fifth woman who had 10 children was ruled out because 5 were illegitimate.
One of the world's shortest wills was left by an
Englishman named Dickens. Contested in 1906 but upheld by the courts, it read simply: "All for mother".
A ^^-century London tavernkeeper left his property to his wife — on the condition that every year, on the anniversary of his death, she would walk barefoot to the local market, hold up a lighted candle, and confess aloud how she had nagged him.
The theme of the confession was that if her tongue had been shorter, her husband's days would have been longer. If she failed to keep the appointment, she was to receive no more than 20 pounds a year, just enough to live on. Whether the wife decided to take the bigger bequest or spare herself humiliation is not known. UNIT 6. STEPS OF THE TRIAL
TASK 1. Read the following text and write down Russian equivalents for the words and expressions in bold type:
What Happens During the Trial
Events in a trial usually happen in a particular order, though the order may be changed by the judge. The usual order of events is set out below.
Step 1. Selection of the Jury.
Step 2. Opening Statements. The lawyers for each side will discuss their views of the case that you are to hear and will also present a general picture of what they intend to prove about the case. What the lawyers say in their opening statements is not evidence and, therefore, does not help prove their cases.
Step 3. Presentation of Evidence. All parties are entitled to present evidence. The testimony of witnesses who testify at trial is evidence. Evidence may also take the form of physical exhibits, such as a gun or a photograph. On occasion, the written testimony of people not able to attend the trial may also be evidence in the cases you will hear.
Many things you will see and hear during the trial are not evidence. For example, what the lawyers say in their opening and closing statements is not evidence. Physical exhibits offered by the lawyers, but not admitted by the judge, are also to be disregarded, as is testimony that the judge orders stricken off the record.
Many times during the trial the lawyers may make objections to evidence presented by the other side or to questions asked by the other lawyer. Lawyers are allowed to object to these things when they consider them improper under the laws of evidence. It is up to the judge to decide whether each objection was valid or invalid, and whether, therefore, the evidence can be admitted or the question allowed. If the objection was valid, the judge will sustain the objection If the objection was not valid, the judge will overrule the objection. These rulings do not reflect the judge's opinion of the case or whether the judge favours or does not favour the evidence or the question to which there has been an objection. It is your duty as a juror to decide the weight or importance of evidence or testimony allowed by the judge. You are also the sole judge of the credibility of witnesses, that is, of whether their testimony is believable. In considering credibility, you may take into

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Chapter IV. Fair Trial: the Jury

account the witnesses' opportunity and ability to observe the events about which they are testifying, their memory and manner while testifying, the reasonableness of their testimony when considered in the light of all the other evidence in the case, their possible bias or prejudice, and any other factors that bear on the believability of the testimony or on the importance to be given that testimony. Step 4. The Instructions. Following presentation of all the evidence, the judge instructs the jury on the laws that are to guide the jury in their deliberations on a verdict. A copy of the instructions will be sent to the jury room for the use of jurors during their deliberations. All documents or physical objects that have been received into evidence will also be sent to the jury room.
Step 5. Closing Arguments. The lawyers in the closing arguments summarize the case from their point of view. They may discuss the evidence that has been presented or comment on the credibility of witnesses. The lawyers may also discuss any of the judge's instructions that they feel are of special importance to their case. These arguments are not evidence.
Step 6, Jury Deliberation. The jury retires to the jury room to conduct the deliberations on the verdict in the case they have just heard. The jury first elects a foreman who will see to it that discussion is conducted in a sensible and orderly fashion, that all issues are fully and fairly discussed, and that every juror is given a fair chance to participate.
When a verdict has been reached, the foreman signs it and informs the bailiff. The jury returns to the courtroom, where the foreman presents the verdict. The judge then discharges the jury from the case.
TASK 2. Find in the text above the English equivalents for the following words and expressions:
1. вступительная речь
2. заключительная речь
3. надёжность свидетеля
4. зачитать вердикт
5. правомерный протест
6. принять, поддержать протест
7. вычеркнуть из протокола
8. удалиться в комнату для совещаний присяжных
9. совещание присяжных

10. старшина присяжных
11. свидетельские показания
12. отклонить протест
TASK 3. Answer the following questions:
1. What are the steps of a trial?
2. What can be considered evidence?
3. What is a physical exhibit?
4. What are objections?
5. When can objections be made?
6. Who can sustain or overrule an objection?
7. What does the judge say in the instructions?
8. Who presents closing arguments?
9. What happens during jury deliberations?
TASK 4. Render the following text into English paying special attention to the words and expressions given in bold type:
Прения сторон
Прежде чем исследованные в предшествующей стадии су­дебного разбирательства материалы дела будут анализироваться в совещании присяжных, они обсуждаются в процессе судеб­ных прений, где государственный обвинитель и защитник, ис­пользуя профессиональные знания и навыки, восстанавливают связь между доказательствами, позволяя судьям от общества сделать свободный выбор между обвинением и оправданием под­судимого.
Позиции обвинения и защиты в суде присяжных строятся не только на основе принципа состязательности, но и на основе принципа презумпции невиновности: невиновность подсудимого предполагается, а виновность доказывается обвинителем.
Судья вправе прервать речь, возражение или замечание стороны, если в них содержатся: сведения, не имеющие прямого отношения к делу; обстоятельства, оскорбительные для чьей-либо чести и достоинства; данные, не проверенные в ходе судебного следствия; ссылки на исключенные из дела доказательства; сведения о прежней судимости обвиняемого;
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• иные обстоятельства, влияющие на объективность при­ сяжных. Судья в своем напутственном слове объясняет присяжным заседателям, что при вынесении вердикта они должны: руководствоваться здравым смыслом; руководствоваться принципом презумпции невиновнос­ ти, согласно которому подсудимый не обязан доказывать свою невиновность: бремя доказывания вины подсуди­ мого лежит на государственном обвинителе; оценивать исследованные в суде доказательства (показа­ ния подсудимого, потерпевшего, свидетелей, заключения экспертов и др.) в их совокупности, согласовывая их одно с другим; не принимать во внимание доказательства, вычеркнутые из протокола; не воспринимать как доказательства доводы, прозвучав­ шие в речах сторон.
TASK 5. Translate the following text into Russian:
Verdict, in law, is the pronouncement of the jury upon matters of fact submitted to them for deliberation and determination. In civil cases, verdicts may be either general or special. A general verdict is one in which the jury pronounces generally upon all the issues, in favor of either the plaintiff or the defendant. A special verdict is one in which the jury reviews the facts, but leaves to the court any decisions on questions of law arising from those facts. As a rule, however, special verdicts are not applicable to criminal cases, and in most instances the jury renders a general verdict of "guilty" or "not guilty."
Generally, the jury's verdict must be unanimous. In a number of states, however, the condition of unanimity has been modified, and verdicts can consequently be rendered by a designated majority of the jury. All jury members must be present in court when the verdict is given.
In criminal cases a verdict of acquittal is conclusive upon the prosecution (the state), thus precluding double jeopardy, but the defendant may be tried again in the event the jury cannot reach a decision. The defendant must be present when the verdict is rendered.

Chapter IV. Fair Trial: the Jury
TASK 6. Match the following English expressions with their Russian equivalents:

1) final verdict
а) вердикт о виновности
2) general verdict
b) вердикт о невиновности
3) special verdict
с) вердикт об оправдании
4) to attain/reach/return/
d) вердикт об осуждении bring in a verdict
е) вынести вердикт
5) unanimous verdict
f) генеральный вердикт,
6) verdict of acquittal вердикт по существу дела
7) verdict of conviction
g) окончательный вердикт
8) verdict of guilty
h) ошибочный вердикт
9) verdict of non-guilty
i) прийти к соглашению
10) wrong verdict относительно вердикта
11) to agree to/upon a verdict
j) вердикт, вынесенный


к) специальный вердикт

(решение присяжными

частного вопроса)
TASK 7. Render the following text into English paying special attention to the words and expressions given in bold type:
Вердиктом является решение коллегии присяжных заседа­телей по поставленным перед ней вопросам, включая основной вопрос о виновности подсудимого.
Присяжные выносят вердикт без постороннего влияния, удалившись в совещательную комнату; открытым голосованием, причем никто не вправе воздер­ жаться от принятия решения; путем единогласного решения, или большинством го­ лосов; • ответы даются по каждому вопросу отдельно.
Руководит совещанием присяжных старшина, который по­следовательно ставит на обсуждение подлежащие разрешению вопросы, проводит голосование, ведет подсчет голосов.
TASK 8. Revise your knowledge of the work of juries. Fill in the gaps in the following sentences:
1. A juror should keep an open all through the trial. 2. You become a potential juror after your name is selected

5. Civil cases are usually disputed between or among corporations or other organizations. 6. The doesn't need to be in civil cases. 7. The keeps track of all documents and exhibits in trial being the judge's assistant. 8. The job of a juror is to listen to and to decide . 9. One who is engaged in a lawsuit is called a .10. Process by which a lawyer questions a witness called to testify by the other side is . 11. " " is a phrase meaning "to speak the truth". 12. A juror should not be influenced by sympathy or .13. A juror should not express his to other jurors before begin. 14. Formal accusation of having committed a criminal offence is a . 15. To be a good juror you should use your and be . 16. The third stage of a trial is

, you must have your
20. Compromise agreement by opposing parties, eliminating the need for the judge to resolve the controversy is called .
21. Trier of facts is a or, in a non-jury trial — a
22. People who don't meet certain from jury service. 23. Lawyers for each side are allowed to when they consider something done improper under the of evidence. 24. Attorney who represents the defendant is a . 25. is any statement made in legal proceedings. 26. means that the lawyer doesn't have to state a for asking the juror to be excused. 27. The party bringing the suit is called a . 28. The fifth step of a trial is called the case from their filing a paper called a is unless he is proved decide whether each 31. Following the
Chapter IV. Fair Trial: the Jury a . 32. A case is brought by the state or the city against a person or persons accused of a crime. 33. In cases people who have been may sue a person or a company they feel is responsible for . 34. If the defendant has not guilty, the prosecution must prove his guilt to overcome the . 35. The elected by is conducted in orderly the jury should provide that fashion. 36. is a request by a party to excuse a specific juror for some reason. 37. The in trial decides the law, i.e. makes decisions on legal . 38. Most often in civil cases the party bringing the is asking for money .
Falling Bastion?
How valuable is the jury in modern times? This is a very controversial question On the one hand the jury has much ancient history behind it (though some scholars have argued it is more mythology than true history) as a bastion of the liberty of the subject against repressive governments. To a minor degree the jury can, and occasionally still does, play this role.
The jury system is the ordinary citizen's link with the legal process. It is supposed to safeguard individual liberty and justice because a commonsense decision on the facts either to punish or acquit is taken by fellow citizens rather than by professionals. But the system has been criticized because of its high acquittal rates; allegedly unsuitable or subjective jurors; intimidation of jurors; and administrative reason for saving time and costs.
Throughout the world the use of jury trials is limited. The French Revolution initiated trial by jury in continental Europe, and this spread to other civil-law countries, but only for criminal trials. In the 20th century jury trials have been abandoned or eliminated in most civil-law countries. Jury trials survive primarily in the common-law countries, above all, the United States. Even there and in England jury trial has declined in favor of trial by judge. Many critics urge the curtailment or elimination of the jury trial as an amateurish and inefficient method of determining a legal issue. Critics would like to replace the jury with panels of experts in Relevant fields. But, after widespread opposition to such proposals, 't seems as though the jury will continue in its present form.

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Chapter IV. Fair Trial: the Jury

TASK 1. Answer the following questions:
1. Why is jury called 'the bastion of liberty'?
2. Why has the jury system been criticized?
3. In what countries is the jury system used? Why?
TASK 2. Comment on the following quotations. Which of them are for or against the jury system? Give your grounds:
Words of Wisdom About Jury Service •
The jury, passing on the prisoner's life, May have in the sworn twelve a thief or two Guiltier than him they try.
William Shakespeare
Our civilization has decided... that determining the guilt or innocence of men is a thing too important to be trusted to trained men.... When it wants a library catalogued, or the solar system discovered, or any trifle of that kind, it uses up its specialists. But when it wishes anything done which is really serious, it collects twelve of the ordinary men standing round. The same thing was done, if I remember right, by the Founder of Christianity.
G. K. Chesterton
"Write that down," the King said to the jury, and the jury eagerly wrote down all three dates on their slates, and then added them up, and reduced the answer to shillings and pence.
Lewis Carroll
I consider trial by jury as the only anchor ever yet imagined by man, by which a government can be held to the principles of its constitution.
Thomas Jefferson
•It's not only the juror's right, but his duty to find the verdict according to his own best understanding, judgement, and conscience, though in direct opposition to the direction of the court.
John Adams
In 1999 the UK Home Secretary Jack Straw unveiled plans to limit the right to trial by jury. In the UK defendants in certain cases can choose whether they want a trial by magistrates or by judge and jury. The Home Secretary said, "England and Wales has the only jurisdiction system where defendants have the right to choose their court. In addition, trial by jury is a more expensive process than a hearing by magistrates." Defending the proposed legislation, Mr. Straw said that it would streamline the criminal justice system, save 128 million pounds a year and prevent some defendants from "working the system".
The jury trial in its modern form stems back to 1855. Serious crimes are automatically heard by a jury as well as a wide range of middle-ranking offences such as theft and handling stolen goods. There were plans to abolish jury trials for complex fraud cases. The Home Office pointed out the huge cost of such cases to the taxpayers and the strain on judges, juries and defendants. The government argued that some defendants abuse the current system
MAGISTRATES (Justices of the Peace or JPs) are judicial officers who judge cases in lower courts. They are usually unpaid and have no formal legal qualifications, but they are respectable people who are given some training. delaying their trial by pleading not guilty in order to get a trial by jury, then changing their plea at the last moment in order to get a more lenient sentence.
In both chambers of Parliament, however, the legislation was condemned as unjust, and the bill described as "one of the worst pieces of legislation to come for many years". The majority of the MPs in the House of Commons voted against the proposals to allow magistrates to decide whether defendants accused of lesser offences should be entitled to jury trial. The Lords also condemned the bill as bringing in a two-tier system in which the rich would be able to defend their reputation but the poor would not.
Opponents of the bill believe it would have restricted a
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Chapter IV. Fair Trial: the Jury

fundamental right to jury trial by one's peers and would erode public confidence in the criminal justice system. The legal
TASK 4. Answer the following questions:
1. What was the subject matter of the bill proposed by the UK
Home Secretary?
2. What were the reasons for introducing this bill?
3. What crimes do juries in England and Wales deal with?
4. In your opinion, why were there plans to abolish jury trials for complex cases?
5. Why was the legislation rejected by both Houses of Parliament?
Explain the position of the Commons and the Lords.
6. Why would the poor suffer from this kind of legislation?
TASK 5. Study the opinion poll on the UK government initiative to limit the right to trial by jury. Which of these opinions are for I against the jury system?
The new bill is considered to be the beginning of the end for Britain's ancient jury system. The members of the public were asked a question "Do you believe it is the fairest system available or is it old-fashioned and in need of reform?"
It's clear that the system is far from ideal. Juries of ordinary people are by their very nature more influenced by emotion than facts because they aren't trained to deal with these. That being said, magistrates are probably not that much better placed to do so.
John Cahill, UK
The right for a suspect to have a jury has been welded into English law for hundreds of years. What right has Straw to deny people this basic right?
Nick, England
Flawed as the jury system is, the right to be judged by one's peers is not something that should be tossed aside lightly, and certainly not on the grounds of expense. Kit, UK
As a retired Cop I can tell you that the rule is this: if you are guilty get a good lawyer and a jury. If you are innocent you would have a better chance with a judge only.
Ту Northcutt, USA
In real life it doesn't make much difference whether you opt for trial by jury or trial by magistrates. In the Netherlands there is no trial by jury whatsoever, still I cannot see any signs of a despotic police state looming above the horizon, democracy going to pot, or personal freedom going down the drain.
Frank Drop, The Netherlands
If a defendant is tried by a true 'jury of his peers', then a jury trial would perhaps result in justice. If, as is currently true in the United States, and possibly also in the UK, a jury is selected from people who are not peers of the defendant, who know nothing of the case, and have nothing better to do with their time then a jury trial becomes a two-ring circus. The ring which produces the best performance wins. Justice is incidental. It becomes all about winning.
Jim, USA
The idea of 12 good men/women is flawed. The jury system is a lottery and you have no guarantee that the people have an adequate grasp of the concepts involved. The courtroom is a forum for a display of semantics by lawyers and too many people are misled by it.
Lucas, UK
Trial by jury is part of what the English-speaking nations of the world understand by democracy. The ordinary people don't only decide who shall write the laws, by electing the MPs, they also decide, by serving on juries, against whom those laws shall be applied. If you argue that they are incompetent to do the latter, then by the same token you are in fact arguing that they are incompetent to do the former.
Г. D. Erikson, UK
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Chapter IV. Fair Trial: the Jury

Although a jury by one's peers may have its flaws, I can think of no better or less flawed system available. Sure, it may be expensive, but since when has there been a price tag on justice? If somebody can come up with a better non-biased judicial system then please feel free. But until then, I see no better alternative.
Frederick Seal, USA
There seems to be a continual erosion of our judicial system. It's another step towards justice by decree. Magistrates are essentially illegitimate: they are not elected, nor randomly chosen; they are appointees of the State. Their use should be restricted to very minor cases. The right to be judged by one's peers is ancient and fundamental. Justice dispensed by 'experts' or officials is abhorrent.
Mark Parker, UK
The people need to be involved in the justice system. No juries, only appointed judges? I don't think so.
Joyce Cross, USA
Having worked as a Barrister's Clerk for some time I have come to the conclusion that jury trials do not always result in justice. Most criminals are accomplished liars, resulting in many juries being lead astray from the truth. As a result justice is not reached
Hannah Bell, England
Ask many innocent victims of this flawed system. The law is a complex business and best left to those who have devoted their lives to studying it. Replace juries drawn from ordinary people with teams of professional jurors trained and qualified to perform the function.
John, England
Do Juries Deliver Justice?
Express your opinion on the question above.
Prepare your arguments for or against. Divide into two groups — pro and con, and conduct a debate.
Appoint the 'Chair' of the debate who will give the floor to the speakers of both teams.
Use the active vocabulary from the Unit.
It's Interesting to Know Cyber Justice
An artificial-intelligence program called the Electronic Judge is dispensing justice on the streets of Brazilian cities. The program is installed on a laptop carried by a human judge and helps to assess swiftly and methodically witness reports and forensic evidence at the scene of an incident. It then issues on-the-spot fines and can even recommend jail sentences. It is part of a scheme called 'Justice-on-Wheels', which is designed to speed up Brazil's overloaded legal system by dealing immediately with straightforward cases.
Most people are happy to have the matters sorted out on the spot, says the program's creator, who sits in the state's Supreme Court of Appeals. He adds that the idea is not to replace judges but to make them more efficient.
After police alert the rapid justice team to minor accidents, they can be on the scene within 10 minutes. Most cases require only simple questions and no interpretation of the law — the decision-making process is purely logical. The program presents the judge with multiple choice questions, such as "Did the driver stop at the red light?" or "Had the driver been drinking alcohol above the acceptable limit of the law?" These sorts of questions

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-\ need only yes or no answers. The program gives more than a simple judgement: it also prints out its reasoning. If the human judge disagrees with the decision it can simply be overruled. Some people who have been judged by the program do not realise that they have been tried by software.
It could be some time before a similar system takes the place of an English court. "It would have to satisfy the authorities that it was absolutely foolproof first," says a spokesman for the Lord Chancellor's office, which oversees courts in England and Wales. But it could be put to use in the U.S., where the discussion is under way to set up a mobile system to resolve disputes over traffic accidents.

Chapter V

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Chapter V. Imprisonment: Retribution or Rehabilitation?

1. What role do correctional institutions play in the modern society? 2. Which of the following words refer to:

a) goals of punishment
b) correctional institutions:
Solitary confinement
TASK 1. Read the following text and write down Russian equivalents for the words and expressions given in bold type:
Development of the Prison System
A prison is an institution for the confinement of persons convicted of major crimes or felonies. In the 19th and the 20th centuries, imprisonment replaced corporal punishment, execution, and banishment as the chief means of punishing serious offenders.
Historically exile, execution, and various forms of corporal punishment were the most common penalties for criminal acts.
In the 12th century England jails were widely used as places for the confinement of accused persons until their cases could be tried by the king's court. Imprisonment gradually came to be accepted not only as a device for holding persons awaiting trial but also as a means of punishing convicted criminals.
During the 16th century a number of houses of correction were established in England and on the continent for the reform of minor offenders. In these institutions there was little segregation by age, sex, or other condition. The main emphasis was on strict discipline and hard labour.
Although reformation of offenders was intended in the houses of correction, the unsanitary conditions and lack of provisions for the welfare of the inmates soon produced widespread agitation for further changes in methods of handling criminals. Solitary confinement of criminals became an ideal among the rationalist reformers of the 18th century, who believed that solitude would help the offender to become penitent and that penitence would result in reformation.
Meanwhile, strenuous opposition to the prolonged isolation of prisoners developed very early, especially in the United States. A competing philosophy of prison management, known as the 'silent system' was developed The main distinguishing feature of the silent system was that prisoners were allowed to work together in the daytime. Silence was strictly enforced at all times, however, and at night the prisoners were confined in individual cells.
Further refinements were developed in Irish prisons in the mid-1800s. Irish inmates progressed through three stages of confinement before they were returned to civilian life. The first portion of the sentence was served in isolation. Then the prisoners were allowed to associate with other inmates in various kinds of work projects. Finally, for six months or more before release, the prisoners were transferred to 'intermediate prisons', where inmates were supervised by unarmed guards and given sufficient freedom and responsibility to permit them to demonstrate their fitness for release. Release was also conditional upon the continued good conduct of the offender, who could be returned to prison if necessary.
These were the steps made to fit the severity of the punishment to the severity of the crime, in the belief that the existence of clearly articulated and just penalties would act as a deterrent to crime. Since then, deterrence, rather than retribution, has become a leading principle of European penology.
TASK 2. Answer the following questions:
1. What is a prison?
2. What were the means of punishing offenders before the 19th century? 3. What was the purpose of jails in the 12th century England?
4. What were the main features of houses of correction in the
16th century?
5. Why did the rationalist reformers of the 18th century seek to establish solitary confinement of criminals?
6. What is the 'silent system'?
7. What were Irish prisons like in the mid-1800s?

Just English. Английский для юристов
TASK 3. Read the text below and answer the following questions:
1. What are the purposes of incarceration?
2. How are these purposes obtained?
3. What three categories of prisons are described in the text?
4. What is the general principle of confining offenders into different kinds of prisons?
Present-day Penal Institutions
Modern prisons are quite diverse, but it is possible to make some generalisations about them. In all but minimum-security prisons, the task of maintaining physical custody of the prisoners is usually given the highest priority and is likely to dominate all other concerns. Barred cells and locked doors, periodic checking of cells, searches for contraband, and detailed regulation of inmates' movements about the prison are all undertaken to prevent escapes. In order to forestall thievery, drug and alcohol use, violent assaults, rapes, and other types of prison crime, the inmates are subjected to rules governing every aspect of life; these do much to give the social structure of the prison its authoritarian character.
The need to maintain security within prisons has prompted many countries to separate their penal institutions into categories of maximum, medium, and minimum security. Convicted offenders are assigned to a particular category on the basis of the seriousness or violent nature of their offence, the length of their sentence, their proneness to escape, and other considerations. Within a prison, the inmates are often classified into several categories and housed in corresponding cellblocks according to the security risk posed by each individual. Younger offenders are usually held in separate penal institutions that provide a stronger emphasis on treatment and correction.
Prisons generally succeed in the twin purposes of isolating the criminal from society and punishing him for his crime, but the higher goal of rehabilitation is not as easily attained. An offender's time in prison is usually reduced as a reward for good behaviour and conscientious performance at work. The privilege of receiving visits from family members and friends from the outside world exists in almost all penal systems.
Chapter V. Imprisonment: Retribution or Rehabilitation?
TASK 4. Find in the text above the English equivalents for the following words and expressions:
1. заключённый
2. нападение с применением насилия
3. некарательное воздействие и исправление
4. осуждённый
5. реабилитация личности преступника
6. тюрьма с максимальной изоляцией заключённых
7. тюрьма с минимальной изоляцией заключённых
8. тюрьма со средней степенью изоляции заключённых
TASK 5. Explain the meaning of the following words and expressions. Make up sentences of your own: conscientious performance at work proneness to escape security risk to forestall thievery to give smth. the highest priority to maintain security within prisons
TASK 6. Match the following English expressions with their Russian equivalents:

1) breach of prison
а) 'промышленная тюрьма'
2) closed prison i (тюрьма, где заключённые
3) industrial prison работают в цехах, мастерских)
4) open prison
Ь) бежавший из Тюрьмы
5) prison bar
с) бежать /совершить побег/
6) prison breaker из тюрьмы
; 7) prison education
d) быть приговорённым
8) prison lawyer к тюремному заключению
9) prison term
е) отбывать срок в тюрьме
10) prison ward
f) перевоспитание или обучение
11) to be sent to prison заключённых (профессии) в тюрьме
12) to do one's time (in
g) побег из тюрьмы; побег prison) из-под стражи
13) to escape from
h) тюремная камера prison i) тюремная решётка

j) тюремное заключение,

тюремный срок

к) тюремный юрист

1) тюрьма закрытого типа

т) тюрьма открытого типа e (неохраняемая)

Just English. Английский для юристов
Chapter V. Imprisonment: Retribution or Rehabilitation?

The Tower of London
Founded nearly a millennium ago and expanded upon over the centuries since, the Tower of London has protected, housed, imprisoned and been for many the last sight they saw on Earth.
It has been the seat of British government and the living quarters of monarchs, the site of renowned political intrigue, and the repository of the Crown Jewels. It has housed lions, bears, and (to this day) flightless ravens, not to mention notorious traitors and framed members of court, lords and ministers, clergymen and knights.
In the Middle Ages the Tower of London became a prison and place of execution for politically related crimes, with most captives being put to death (murdered or executed). Among those killed there were the humanist Sir Thomas More (1535).; the second wife of Henry VIII, Anne Boleyn (1536). Other notable inmates included Princess Elizabeth (later Elizabeth I), who was briefly imprisoned by Mary I for suspicion of conspiracy; the infamous conspirator Guy Fawkes (1606) and the adventurer Sir Walter Raleigh (1618). Even in the 20th century during World War I several spies were executed there by firing squad.
TASK 7. Explain the meaning of the following words and expressions: the repository of the Crown Jewels the seat of British government the site of renowned political intrigue
TASK 8. Complete the following table with the appropriate verb or noun forms:

to plot

execution to capture

conspiracy to, imprison


traitor to suspect

TASK 9. Match the names of the renowned prisoners from the box with the stories given below:
Catherine Howard; Sir Walter Raleigh; Anne Boleyn; Guy Fawkes; Sir Thomas More
Here are some of the unfortunates held within the Tower walls. , the Lord Chancellor and scholar who served Henry VIII until the break with Rome, refused to acknowledge Henry VIII as supreme head of the English Church, and continued adamant when the king's subjects were required to subscribe to the oath imposed. He also protested against the divorce of Catherine of Aragon, who had given Henry only one living child, the Princess Mary. , Henry VIIPs second wife, was taken to the Tower on a charge of adultery. Before her crowning she had stayed in what is now called the "Queen's House", built below the Bell Tower in 1530. As a prisoner she returned there. Her trial took place in the medieval great hall where she was sentenced to death. was Henry VIII's fifth wife and according to him his "very jewel of womanhood". He adored her and showered her with gifts and favours and pampered her in every way. She appointed a former admirer as her private secretary and soon rumours were being whispered at court about the Queen's misconduct. Henry's immediate reaction was one of total disbelief. However, he ordered an investigation and found that she had really been flirting behind his back. For this he could show no mercy. She went the way of her cousin Anne Boleyn; she was tried, condemned and beheaded at the Tower of London. was a leading conspirator in the
Gunpowder Plot to blow up Parliament. He was a Catholic convert who had served in the Spanish army before becoming involved in the plot. He and his fellow conspirators were taken to the Tower and interrogated in the Queen's House. In January 1606 with three others, he was drawn on a hurdle from the Tower to the Houses of Parliament and there hanged, beheaded and quartered. was an explorer known for his expeditions to the Americas, and for allegedly bringing tobacco and the potato from the New World to the British Isles. A favourite of Elizabeth I, he fell thoroughly out of favour and spent 12 years in the Tower

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Chapter V. Imprisonment: Retribution or Rehabilitation?

on a charge of plotting against King James I. He was released in 1616, only to find himself back there in 1618 after his fruitless expedition to look for gold mines in Guyana. This time he was kept in one of the most cold and direful dungeons before being beheaded six weeks later. In his speech from the scaffold he thanked God that he died in the light, and not in the dark prison of the Tower.
TASK 10. Read the text and write down Russian equivalents for the words and expressions given in bold type:
The Bastille
The Bastille was a medieval fortress on the East side of Paris that became, in the 17th and 18th centuries, a French state prison and a place of detention for important persons charged with miscellaneous offences. The Bastille, stormed by an armed mob of Parisians in the opening days of the French Revolution, was a symbol of the despotism of the Bourbons and held an important place in the ideology of the Revolution.
With its eight towers, 100 feet high, linked by walls of equal height and surrounded by a moat more than 80 feet wide, the Bastille dominated Paris. The first stone was laid on April 22, 1370, on the orders of Charles V of France, who had it built as a bastide, or fortification (the name Bastille is a corruption of bastide), to protect this wall around Paris against English attack.
The Cardinal de Richelieu was the first to use the Bastille as a state prison in the 17th century. Prisoners included political troublemakers and individuals held at the request of their families, often to coerce a young member into obedience or to prevent a disreputable member from marring the family's name. Under Louis XIV, the Bastille became a place of judicial detention; and later persons being tried by the Parliament were also detained there. It is noteworthy that prohibited books were also placed in the Bastille. The high cost of maintaining the building prompted talk of demolition in 1784.
On July 14, 1789, when only seven prisoners were confined in the building, a mob advanced on the Bastille with the intention of asking the prison governor to release the arms and munitions stored there. Angered by the governor's refusal, the people stormed and captured the place. This dramatic action came to symbolise the end of the ancient regime. The Bastille was subsequently demolished by order of the Revolutionary government.
TASK 11. Answer the following questions:
1. When and why was the Bastille built?
2. Who was the first to use the Bastille as a state prison?
3. What was the Bastille like in the 17th and 18th centuries? Who was confined there?
4. How was the Bastille demolished?
TASK 12. Read the text in the section "It's Interesting to Know". Find more information about the research into the treatment of criminals carried out by the 18th century humanists:
It's Interesting to Know
John Howard, 1726—1790
There is in England today a society called The Howard League of Penal Reform. It is named after one of the greatest figures in the history of law in the eighteenth century. Howard was High Sheriff of Bedfordshire when, in 1773 he started to investigate prison conditions. The thing that drew his interest was the discovery that innocent people were often held in gaol until they had paid the gaoler's fees even though the court had found them not guilty. In the next three years he visited every prison in Great Britain and Ireland as well as many in Europe and wrote a book based on his experiences called The State of Prisons. He died in Russia on his way to find out about sanitary conditions in the Russian army. Through his work and that of Elizabeth Fry prisons were at last improved and prisoners treated more like human beings than animals.
Cesare Beccaria, 1738—1794
Punishment of criminals in the eighteenth century was savage, from torture to death or imprisonment. One of the first people to raise a voice against the inhumanity was Beccaria, who wrote a famous book called Concerning Crimes and Punishment. He called for mercy and his pleas were heard by such people as Frederick the Great of Prussia, who was in a position to do something about unjust laws. The book was soon translated into several languages. He was one of the first people to say that the law should consider the person being tried as well as the crime he or she has committed.

'Chapter V. Imprisonment: Retribution or Rehabilitation?

Elizabeth Fry, 1780—1845
Until the great reforms in law, which took place in the nineteenth century, criminals were treated with great brutality. Thieves were hanged or deported, while floggings were very common and prisons were dirty and terribly overcrowded. Elizabeth Fry was one of the very few people who devoted their lives to improving the life of prisoners. She was a Norfolk Quaker who went among the criminals to understand them better and to improve the conditions in which they lived. In 1817 she formed a society for the improvement of prison conditions and started to take an interest in prisons in other countries. She was so successful in her work that she was thanked by the House of Commons for her efforts. are usually detained in reformatories, often designated under names that imply that their purpose is treatment or correction rather than punishment Women are normally held in separate prisons. Prisoners who are not considered a danger to the community may be confined in low-security or open prisons.
TASK 2. Explain the meaning of the following words and expressions: unconvicted prisoner juvenile delinquent recidivist life-sentence prisoner
TASK 3. Match the following English expressions with their Russian equivalents:

Sum up the information from the Unit. Add the facts and data that you have obtained during your classes of law. Make reports and present them in class. Use the patterns and the vocabulary from the Unit.
TASK 1. Read the text below and answer the following questions:
1. What are the main categories of inmates? .2. Where are long-term prisoners usually held?
3. What is the purpose of reformatories?
4. What are open prisons?
Nowadays prisoners are kept in separate institutions according to the severity of crime committed, as well as to the age, sex and other conditions. Consequently, the inmates include unconvicted prisoners, juvenile delinquents, women prisoners, recidivists and life-sentence prisoners.
Most prisoners serving longer sentences are held in correctional institutions, which are usually large maximum-security buildings holding offenders in conditions of strict security. Young offenders

1) close prisoner
а) 'узник совести';
life-sentence prisoner политический заключённый
long-sentence / long-term
b) версия, выдвинутая

prisoner обвиняемым 4) prisoner of conscience
с) военнопленный
prisoner of war
d) лицо, содержащееся
prisoner on bail в одиночном заключении
prisoner on trial
е) обвиняемый, отпущенный
prisoner's box
(из-под стражи) на поруки
prisoner's story
f) осуждённый,

отбывающий долгосрочное

тюремное заключение

g) подсудимый

h) приговорённый

к пожизненному тюремному


i) скамья подсудимых
TASK 4. Read the following text and write down Russian equivalents for sentences given in bold type:
Prison Inmates
Unconvicted Prisoners
Some of the prison population consists of unconvicted prisoners held in custody and awaiting trial. These prisoners are presumed

Just English. Английский для юристов to be innocent and are treated accordingly. They are allowed all reasonable facilities to seek release on bail, prepare for trial, maintain contact with relatives and friends, and pursue legitimate business and social interests. They also have the right to wear their own clothes and can write and receive unlimited number of letters.
Young Offenders
In Britain, young offenders are held in reformatories, which are designed for the treatment, training and social rehabilitation of youth. School-age delinquents are kept in residential training schools, and young offenders between the ages of 16 and 25 who have been convicted of a criminal act serve in special facilities. The most famous of these is the Borstal Institution.
Women prisoners
Women are usually held in smaller prisons with special programmes and recreational opportunities offered to reflect stereotyped female roles, with emphasis on housekeeping, sewing and typing skills. Women prisoners do not wear prison uniform and there is a clothing allowance to help pay for clothes while in prison. Some prisons provide mother and baby units, which enable babies to remain with their mothers where that is found to be in the best interests of the child. In addition to the usual visiting arrangement, several prisons allow extended visits to enable women to spend the whole day with their children in an informal atmosphere.
Habitual offenders
Criminals who have frequently been apprehended and convicted, who have manifested a settled practice in crime, and who are presumed to be a danger to the society in which they live are referred to as habitual offenders. Studies of the yearly intake of prisons, reformatories, and jails in the United States and Europe show that from one-half to two-thirds of those imprisoned have served previous sentences in the same or in other institutions. The conclusion is that the criminal population is made up largely of those for whom criminal behaviour has become habitual; moreover, penal institutions appear to do little to change their basic behaviour patterns.
Though the percentage of recidivists runs high for all offenders, it is greatest among those convicted of such minor charges as vagrancy, drunkenness, prostitution, and disturbing the peace. These are more likely than serious criminal charges to result from an entire way of life. Accordingly, their root causes are rarely susceptible to cure by jailing.
Chapter V. Imprisonment: Retribution or Rehabilitation? J63
Life-sentence prisoners
Since capital punishment has been abolished in Britain, the | severest penalty for the most atrocious crimes, such as murder, is life imprisonment. Those serving life sentences for the murder of police and prison officers, terrorist murders, murder by firearms in the cause of robbery and the sexual or sadistic murder of children are normally detained for at least twenty years. Life sentences for offences other than murder can be reduced up to nine years.
On release, all life-sentence prisoners remain on licence for the rest of their lives and are subject to recall should their behaviour suggest that they might again be a danger to the public.
TASK 5. Find in the text above the English equivalents for the following words and expressions:
1. исправительное заведение для малолетних правонаруши­ телей 2. исправление и перевоспитание заключённых
3. рецидивист (2)
4. бродяжничество
5. нарушение общественного порядка
6. сотрудник исправительного учреждения
7. отбывать наказание (в тюрьме)
TASK 6. Answer the following questions:
1. What is the status of 'unconvicted prisoners'? What are their privileges? 2. What are the purposes of reformatories?
3. What is the most famous facility for young offenders?
4. What special programmes are established for women prisoners?
5. What additional rights do women prisoners have?
6. What are habitual offenders?
7. What are the most typical crimes committed by recidivists?
8. What is the severest penalty for the most atrocious crimes?
9. What kinds of 'lifers' are sentenced to the longest term of imprisonment? 10. How is life sentence typically reduced in Britain?
11. How are 'lifers' supervised when released?
TASK 7. The word BAIL has the following meanings in legal Russian:
1) поручительство civil bail — поручительство в гражданском процессе

Just English. Английский для юристов
Chapter V. Imprisonment: Retribution or Rehabilitation?

2) передача на поруки; брать на поруки; передавать на поруки to free on bail — освободить на поруки
3) поручитель; поручители to be /to go bail — стать поручителем
4) залог при передаче на поруки excessive bail — чрезмерная сумма залога
Match the following English expressions with their Russian equivalents: university extension courses. In 1916 he stabbed and killed a guard and was tried, convicted and sentenced to hanging, but in 1920 President Woodrow Wilson commuted his sentence to life imprisonment in solitary confinement.
Thereafter, mostly in solitary confinement, he began raising canaries and other birds, collecting laboratory equipment, and studying the diseases of birds and their breeding and care. Some of his research writings were smuggled out of prison and published in 1943. Later, however, he was allowed to continue his research but denied further right of publication. His research was considered an important work in the field of ornithology.

1) to stand bail for smb.
явиться в суд
to accept /to allow /

(о выпущенном под залог)

to take bail
быть отпущенным

for the prisoner

на поруки
to forfeit /to jump one's
внести залог / поручиться


за кого-л.
to find bail
найти себе поручителя
release on bail
не явиться в суд
straw bail

(об отпущенном под залог)
to surrender to one's bail
ненадёжное ('липовое')
to be out on bail

to deny bail
освобождение под залог

h) отказать в поручительстве

i) отпустить арестованного

на поруки (под залог)
TASK 8. Read the article below and write down the criminal record of the convict:
A Lifer Keen on Canaries
Robert Franklin is an American criminal, a convicted murderer who became a self-taught ornithologist during his 54 years in prison, forty-two of them in solitary confinement. He became known for his contribution to the study of birds.
At the age of 13 Franklin ran away from home and, by the age of 18, was in Alaska, working as a pimp and living with a dance-hall girl. An argument over the girl led to his fighting and killing a man. Pleading guilty to manslaughter in 1909, he was sentenced to 12 years in a federal prison. After stabbing a fellow prisoner and proving generally troublesome, he was transferred to Kansas, where he continued to be a loner but began to educate himself, taking
Using the vocabulary and facts from the Unit discuss the following:
There are groups of inmates who should have additional rights. Kids brought up in prison are likely to become criminals.
Penal institutions appear to do little to cure a habitual offender by jailing.
TASK 1. Read the following text and write down Russian equivalents for sentences given in bold type:
Among the 'pains of imprisonment' that both male and female inmates face are, in the first place, the deprivation of liberty and the loneliness and boredom of imprisonment. Second, prisoners are deprived of all goods and services from the outside world. Stripped of possessions, they often equate their material losses with personal inadequacy. The third deprivation for the majority is the absence of heterosexual relationships. Fourth, prisoners are subjected to vast body of institutional regulations designed to control every aspect of behaviour.
In part this control forms the deprivation of freedom that is the essence of imprisonment, and in part it is necessary adjunct as a means of maintaining security, controlling the introduction of weapons, contraband substances and preventing escapes.

Most prisons limit the number of visits that a prisoner may receive from his family or friends. Visits normally take place within the sight of an officer, and in some cases within his hearing. In many prisons, visits are conducted with the prisoner sitting on one side of the table and his visitor on the other, with a wire mesh partition between them; the visitor may be searched for contraband.
Prisoners may write and receive letters and may make telephone calls. Correspondence of prisoners is usually subject to censorship by the prison authorities, and prisoners may not write more than one letter each week. Privileges include a personal radio, books, periodicals and newspapers. They also have an opportunity to watch television (in many prisons each prisoner has a TV-set), and to make purchases from the prison shop with money earned in prison.
Control of the prison is maintained by a number of disciplinary sanctions, which may include forfeiture of privileges, confinement within a punishment block or cell, or the loss of remission or good time (time deducted from the sentence as a reward for good behaviour). Typically, the prohibited offences include mutiny and violence to officers; escaping, or being absent from a place where the prisoner is required to be and possessing unauthorised articles.
TASK 2. Explain the meaning of the following words and expressions and reproduce the context in which they were used: body of institutional regulations contraband substance forfeiture of privileges personal inadequacy to be stripped of possessions to control the introduction of weapons to possess unauthorised articles
TASK 3. Find in the text above the English equivalents for the following words and expressions:
1. лишение свободы
2. бунт, мятеж

Chapter V. Imprisonment: Retribution or Rehabilitation?
3. заключённый
4. обыск, досмотр
5. подлежать цензуре
TASK 4. Answer the following questions:
1. What deprivations do prisoners suffer?
2. What is the aim of controlling every aspect of prisoner's life?
3. What are the institutional regulations for visits that prisoners may receive?
4. What rights do prisoners have?
5. What disciplinary sanctions are imposed to maintain security in prison?
TASK 5. Read the text and answer the following questions. Write down Russian equivalents for sentences given in bold type.
1. What rights do prisoners enjoy in Europe and the United
2. What have you learned about Habeas Corpus and mandamus?
3. Why are the courts now willing to limit prisoners' access to the federal courts in the United States?
Prisoners' Rights
The idea that a prisoner has rights that may be protected by actions in the courts has been developed in Europe and the United States. In England, in the absence of a written constitution, prisoners resorting to the courts have relied on the general principles of administrative law, which require fair procedures by disciplinary bodies. Although many actions brought by prisoners have been unsuccessful, prison disciplinary procedures have been improved as a result of such litigation.
In the U.S. actions brought ^__ under the provisions of the U.S. Constitution (notably the Eighth and the Fourteenth amendments) establish that prisoners are entitled to the protection of the Constitution. Early U.S. court decisions ruled that prisoners had
Just English. Английский для юристов

Chapter V. Imprisonment: Retribution or Rehabilitation?

prisoners, who may now file their own suits, have direct access to the federal courts, and file writs of Habeas Corpus and mandamus.
Under Habeas Corpus the prisoner may request release, transfer, or another remedy for some aspect of confinement. Mandamus is
, ч a command issue by a court directing a prison administrator to carry out a legal responsibility — to provide a sick prisoner with medical care, for example — or to restore to the prisoner rights that have been illegally denied. Prisoners have sought remedies for many problems, including relief from unreasonable searches, release from solitary confinement, and the procuring of withheld mail. Recent decisions have indicated, however, that the courts are now willing to limit legal writs by prisoners in deference to the security requirements of the prison.
TASK 6. Find in the text above the English equivalents for the following words and expressions:
1. судебный процесс, судебное дело
2. предписание Хабеас Корпус
3. судебный приказ нижестоящему суду или должностному лицу 4. тюремное заключение
5. необоснованный обыск
6. предъявить иск; возбудить судебное дело (2)
7. восстанавливать в правах
8. добиваться судебной защиты
TASK 7. Explain the meaning of the following words and expressions: to resort to the court to forfeit a right release from solitary confinement procuring of withheld mail prison security requirements
The UK Government has been accused of going "soft on crime" for considering a proposal to allow thousands of prisoners to have televisions in their cells.
The Home Office has asked the Prison Service to investigate the issue to try to defuse tensions in Britain's overcrowded jails. Prison Service officials said no decisions had been made and said it was weighing up the 'pros and cons' of the scheme.
Home Affairs spokesman, James Clappison, said: "We think prison conditions should be decent and austere and prisons should be a punishment. We think televisions
Some of Britain's most notorious killers and rapists are being offered the luxury of beauty therapy. They can enjoy facials, manicures and pedicures at Ashworth maximum security hospital's new Health and Beauty Center club. The 650 male and female patients can also enjoy a sauna, solarium and massage area at the mental hospital near Liverpool.
These inmates have avoided prison because the courts decided in cells are not consistent with that. We think it's soft on criminals."
The former Home Secretary, Michael Howard, said: "Televisions in cells could provide a calming influence and a powerful incentive to good conduct. It could also be used for educational and communication purposes."
Deputy director of the Prison Reform Trust, Nick Flynn, said: "It's a delicate matter and it shouldn't be used for prisoners to sit around to watch football. But it could be a useful tool for the Prison Service to give information to prisoners." they are either mentally ill or criminally insane.
Hospital authorities said that the facilities available to inmates "especially benefited those with low self-esteem or who found it difficult to relax."
Among the 'clientc' of the Club is a knifeman who attacked 10 people and is now pleading for access to a fully equipped gym, and a sadistic rapist undergoing aromatherapy treatment.

Just English. Английский для юристов
Chapter V. Imprisonment: Retribution or Rehabilitation?

Using the vocabulary and facts from the articles above discuss the following:
Prison conditions should be decent and austere and prisons should be a punishment.
Prison facilities provide a calming influence and a powerful incentive to good conduct.
TASK 9. Read the text below and write down a list of problems that prison inmates face:
The International Covenant on Civil and Political Rights declares that "all persons deprived of their liberty shall be treated with humanity and with respect for the inherent dignity of the human person". However, in reality all over the world, hundreds of thousands of people are being held in prisons that are: squalid, overcrowded, dilapidated, insanitary, inhumane, unjust, very expensive and ineffective in tackling crime. In many countries, conditions are so bad that prisoners die from malnutrition, diseases, attacks from other prisoners or prison staff, or suicide. Under extremely overcrowded and insanitary conditions, diseases such as tuberculosis and dysentery spread very rapidly, and without medical treatment they may easily be fatal.
At the same time there is a small number of people who present such a danger to the community or to themselves that they need to be detained. However, for most offences, imprisonment is not an effective penalty. Many countries which may have very high prison populations have very high crime rates. This shows that prison is probably not deterring many people from crime. Whilst in prison, the attitudes of minor offenders may harden as they mix with those convicted of more serious crimes. This often leads to minor offenders committing more serious crime after they are released from prison.
Large amounts of money are spent on locking people up, even when prison staff are poorly paid, buildings are not maintained and prisoners are treated inadequately.
In many countries, prison populations have been increasing substantially over recent years. Most prisoners are young, poor, urban men. Locking up this section of the general population for substantial periods has a destabilising effect on the whole of society in the longer term.
TASK 10. Find in the text above the English equivalents for the following words and expressions:
1. высокий уровень преступности
2. лицо, совершившее малозначительное правонарушение
3. эффективная мера наказания
4. удержать от совершения преступления
5. посадить, 'упрятать' в тюрьму
6. освободить из тюрьмы
TASK 11. Complete the text using the words from the box: restraint; release date; recidivism; rehabilitate; preventive
Criticism of the present prison system of punishment has focused mainly on its rehabilitative and functions.
Critics point out that — the commission of another crime after the offender has served a sentence for the first time — I is high. Thus the system seems ineffective as a cure for, or a upon, those factors in offenders which may lead to criminal acts. Furthermore, because there is no way to predict the future behaviour of individuals, the length of sentence and the may have no relationship to the prison time necessary to effect a cure in, or , an offender. Many criminologists insist that there is no adequate body to demonstrate that any punishment, capital punishment included, has a restraining effect on potential criminal behaviour.
Write down a list of measures necessary to improve the present prison system. Consider the information from the texts above.

Just English. Английский для юристов
Chapter V. Imprisonment: Retribution or Rehabilitation?

Prisons: A Solution to Crime?
Using the vocabulary and facts from the Unit, discuss the following:
Hundreds of thousands of people are imprisoned in inhumane conditions.
Many countries with very high prison populations have very high crime rates.
There are people who present such a danger to the community that they need to be detained.
Prison does not deter many people from crime.
Whilst in prison, the attitudes of minor offenders harden as they mix with those convicted of more serious crimes.
All persons deprived of their liberty shall be treated with humanity and with respect for the inherent dignity of the human person.
TASK 1. Read the following text and write down Russian equivalents for sentences given in bold type:
Prison Improvements and Alternatives
In most criminal justice systems the majority of offenders are dealt with by means other than custody — by fines and other financial penalties, by probation or supervision, or by orders to make reparation in some practical form to the community.
The most common penalty, fine, avoids the disadvantages of many other forms "of sentence; it is inexpensive to administer and does not normally have the side effects, such as social stigma and loss of job that may follow imprisonment. However, there are dangers that the imposition of financial penalties may result in more affluent offenders receiving penalties that they can easily discharge, while less affluent offenders are placed under burdens that they cannot sustain.
Related to the fine is an order to pay restitution (in some countries termed compensation). The principle of restitution is popular in some countries as an alternative to punitive sentencing, but there are some drawbacks. One is the possibility, as in the case of the fine, that the more affluent offender may receive favourable treatment from the court because he is able to pay restitution. The second drawback is that such schemes do not help all victims of crime. Only those who are the victims of crimes for which the offender is caught and convicted and has the funds to pay restitution are likely to be recompensed. Victims of crimes of violence in some countries — such as England and Canada — are entitled to restitution from public funds, whether or not the offender is detected or has the resources necessary to compensate him.
There are many ways of dealing with offenders that do not involve the payment of money. One is probation, a system that takes many different forms in different jurisdictions. However, that essentially involves the suspension of sentence on the offender subject to the condition that he is supervised while living in the community by a probation officer and possibly agrees to comply with such other requirements as the court may think appropriate. Usually, if the offender complies with the probation order and commits no further offence while it is in force, no other penalty is imposed. If he breaks the requirement of the order or commits another offence, he can be brought back before the court and punished for the original offence as well as for the later one. Suspended Sentence
In many American states probation is combined with a suspended sentence, so that the sentence the offender will have to serve if he breaks the order is fixed in advance. In England the sentence is not fixed in advance, and the court has complete discretion if there is a breach of probation terms to sentence the offender for the original crime in light of his later behaviour. Reparation
The concept of reparation has gained in popularity in a number of jurisdictions. Under this method, the offender makes good the damage he has done through his crime, not by paying money but by providing services to the victim directly or indirectly through the community. In England this takes the form of the community service order, under which the court is empowered to order anyone Who is convicted of an offence that could be punished with imprisonment to perform up to 240 hours of unpaid work for the community, usually over a period of not more than 12 months. The kind of work involved varies according to the area, the time of year, and the abilities of the offender; in some cases it may involve heavy

Just English. Английский для юристов physical labour, but in others it may require such work as the provision of help to handicapped people. If the offender completes the hours of work ordered by the court, he receives no further penalty, but if he fails to carry out the work without reasonable excuse, he can be re-sentenced for the original offence. This method is less expensive to administer than imprisonment, less damaging to the offender and his family, and more useful to the community. There are some doubts about the extent to which the availability of community service as an alternative to prison weakens the deterrent effect of the criminal law, but there can be no doubt that community service has become an established sentencing alternative.
Other alternatives to prison are based on the idea of preventing an offender from committing further offences, without necessarily confining him or her in a prison. The most familiar power of this kind is that of disqualifying an offender from driving a motor vehicle or from holding a driver's license. Other forms of disqualification may be imposed on offenders convicted of particular types of crimes: a fraudulent company director may be disqualified from being involved in the direction of a company, a corrupt politician may be disqualified from holding public office, or a parent who sexually abuses his children may be deprived of parental authority over them.
It appears, however, that imprisonment will still remain the major instrument of punishment. In light of the difficulties surrounding its use, prison ideally should be employed as a last resort for those offenders who cannot be handled in any other way.
TASK 2. Find in the text above the English equivalents for the following words and expressions:
1. быть лишенным водительских прав
2. быть лишенным родительских прав
3. иметь право на возмещение ущерба
4. соответствовать требованиям
5. коррумпированный политик
6. насильственное преступление
7. отсрочка исполнения приговора или наказания
8. сдерживающий эффект
9. сотрудник службы пробации

10. судебный приказ о направлении на пробацию
11. экономические санкции
12. условное осуждение
13. наблюдение, надзор
• Alternatives to incarceration such as the use of fines, community service, and restitution are products of the social movements of the 1960s. The rationalizations of these alternatives have been cost effectiveness, efficiency and humaneness. The same arguments have been associated with the newest community-based sanction, "electronic monitoring". It is clear that such an alternative may yield these benefits.
The electronic monitoring system generally requires the offender to wear an electronic bracelet around his or her ankle or wrist. The monitoring is usually of two types: passive or active. The passive system provides for random telephone monitoring by authorities in order to confirm that it is the specific offender who is present and responding. In contrast, an active system provides continuous information as to whether an individual is Within the range, generally 150 to 200 feet, of a transmitter located within their residence. This is commonly referred to as continuous monitoring.
The overriding rationale in favour of electronic monitoring appears to centre on its potential to alleviate both prison overcrowding and the financial burden of incarceration.
The effects of imprisonment on an individual may be great. It is common knowledge that imprisonment returns a man to society with a scarred psyche, unpaid debts and financial losses, a highly disruptive if not irreparably broken family, children who lose respect for their parent, no job, and a gap in his life history that is hard to explain when he seeks a new job. In this respect, electronic monitoring allows the offender to remain at home where he or she can continue to hold employment and maintain any dependent children.
Consequently, society may benefit as well, since there will be no additional burden placed on the welfare system, as would be the case if an offender with dependent family members was imprisoned.
Violent crimes committed by electronically monitored offenders are rare. About one out of twenty-five electronically monitored offenders commit crimes, and the vast majority of these new offences are non-violent. Moreover, these figures compare favourably with other monitoring systems, including bail and probation.

Just English. Английский для юристов
TASK 4. Answer the following questions:
1. What is the electronic monitoring system? What is its purpose?
2. What is the difference between passive and active monitoring?
3. What are the advantages of electronic monitoring compared with incarceration? What are its drawbacks?
TASK 5. Study the texts above (Task 1 and Task 3) and write down the advantages and disadvantages of each alternative to imprisonment. Make up your own list of prison alternatives.
TASK 6. Read the following text and answer the questions:
1. What approach characterises the Dutch punitive system?
2. What penalties do the Dutch prefer to impose on their criminals?
3. What are the prisons in Holland like?
4. What rights do prisoners enjoy in the Netherlands?
5. What is the goal of humanitarian treatment of offenders in
The Netherlands: a Land without Prisons
Soaring crime rates and law-and-order backlash are hardly unique to the United States, but not all countries have taken the 'lock-'em-up-and-throw-away-the-key' approach. Many nations, in fact, have largely shelved the punitive psychology in dealing with criminals — and none more forthrightly than Holland. The Dutch have adopted an innovative and remarkably humane system of dealing with law breakers, with the result that the Netherlands is close to becoming a land without prisons. And the policy is apparently paying dividends: crime is certainly climbing much more slowly there than in all other countries.
The Dutch hold the view that harsh treatment and get-tough attitudes only aggravate the problems that lead a person to crime. "A prison sentence does little to 'resocialise a person', says vice-president of the Hague Court. "It more likely leads to rancour and bitterness. A mild sentence, possibly even just a fine, shows an offender that society cares about him." Because of this benevolent concept fewer and fewer people are serving time in Holland.
Whenever possible, the Dutch prefer to fine law breakers rather than clap them in jail. But even for those imprisoned, every effort is made to provide an environment that will rehabilitate the convicts. While, as one official put it, "Dutch prisons are not Hilton Hotels," neither are they ugly fortresses full of cellblocks and harassment. Several prisons in Holland are country villas with only a handful

Chapter V. Imprisonment: Retribution or Rehabilitation? of prisoners. In many institutions prisoners are allowed to wear their own clothes and keep personal possessions; they are given comfortably furnished rooms with such homey items as curtains, and they often are allowed to work outside the prison or leave from time to time to visit their families.
Moreover, Holland has an extraordinary one-to-one ratio between prisoner staff members and inmates. "Our objective," says the Deputy Prison Director, " is not to make life pleasant for prisoners, but to normalise it as much as possible to prepare the prisoners for a return to society."
Dutch officials maintain that their philosophy of short prison sentences and humanitarian treatment is essential if convicts are not to become repeaters. "A heavy sentence," they say, "keeps a person out of possible mischief longer, but it merely postpones and aggravates the problem of recidivism."
Given that kind of success, it is not surprising that Holland's liberal penal philosophy has won applause.
TASK 7. Explain the meaning of the following words and expressions from the text above: soaring crime rates law-and-order backlash
'lock-'em-up-and-throw-away-the-key' approach to shelve the punitive psychology get-tough attitudes to resocialise a person benevolent concept homey items to become repeaters
TASK 8. Render the following passage into English paying special attention to the words and expressions in bold type:
Швеция прославилась своим гуманным отношением к лю­дям, преступившим закон. Особый интерес вызывают качествен­но новые подходы к решению задач борьбы с преступностью в рамках исправительных учреждений. В основе альтернативных Программ лежит идея, состоящая в том, что преступление по­рождено обществом, социальной средой, сформировавшей нару­шителя. Преступники становятся таковыми из-за жизненных Невзгод, и только особо опасных преступников следует заклю­чать в тюрьму — изолировать от общества. В связи с этим в Швеции, стране с высоким уровнем жизни, совершенно иная тен-

Just English. Английский для юристов
Chapter V. Imprisonment: Retribution or Rehabilitation?

денция борьбы с преступностью: в большинстве случаев мера наказания за совершенное преступление — это не заключение под стражу, а взимание штрафов и пробация, т.е. надзор за ус­ловно осужденными. Существуют также специальные медицин­ские учреждения, которые оказывают психологическую помощь нарушителям закона и построены так называемые 'промышлен­ные тюрьмы', где заключённые работают в цехах и мастерских.
The word REHABILITATION has the following meanings in legal Russian:
1) восстановление в правах, реабилитация rehabilitation of offender — реабилитация (восстановле­ ние в правах) преступника
2) реабилитация личности преступника (приспособление его к условиям общежития) rehabilitation — исправительная реабилитация, исправле­ние преступника Comment on the meanings o/ this concept.
TASK 1. Match the following English expressions with their Russian equivalents:

1) certificate a) юридическая реабилитация,

of rehabilitation

восстановление в правах
legal rehabilitation
психиатрическая реабилитация
социальная реабилитация


(восстановление личности
rehabilitation agency

в смысле приспособления её
rehabilitation centre

к условиям общежития)
rehabilitation facility
профессиональная реабилитация
social rehabilitation
орган по вопросам социальной

реабилитации отбывших


наказание преступников

f) центр социальной реабилитации

(лиц, освободившихся из


g) справка о реабилитации

h) исправительное заведение
TASK 2. Read the text and translate the words and expressions given in bold type in writing :
Preparation for Release
The Prison Services in England and Wales and in Scotland have a duty to prepare prisoners for release. Planning for safe release begins at the start of an offender's sentence and ties in with all training, education and work experience provided It is directed at equipping prisoners to fit back into society and to cope with life without re-offending.
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. „ including those of the Open University. Physical education is voluntary for adult offenders, but compulsory for young offenders. Practically all prisons have physical education facilities. Inmates sometimes compete against teams in local community.
Prison Industries aim to give work and experience which will assist prisoners when released. At the same time it reduces the cost of the prison system. The main industries are: clothing and textile manufacture, engineering, woodwork, farming, etc.
Pre-release Programmes
Pre-release programmes enable selected long-term prisoners to spend their last six months before release in certain hostels attached to prisons, to help them re-adapt to society. Hostellers work in the outside community and return to the hostel each evening.
I Weekend leave allows hostellers to renew ties with their families. All this is designed to help the inmates make the transition from prison to community. In Northern Ireland prisoners serving fixed sentences may have short periods of leave near the end of their sentences and at Christmas. Life-sentence prisoners are given a nine-month pre-release programme, which includes employment
; outside the prison.
Innovative Programmes
Attempts to aid the prisoner's return to society have led to . the development of several innovative programmes. Furloughs provide home visits of 48—72 hours for a prisoner nearing his release date; they are intended to aid in restoring family ties and in job

Just English. Английский для юристов
Chapter V. Imprisonment: Retribution or Rehabilitation?

seeking. The work release programme permits inmates to test their work skills and earn money outside the institution for the major part of the day.
Professional social work support is given to offenders following their release to help adjust on their return to society. All young offenders and all adult offenders sentenced to 12 months imprisonment and over are supervised on release by the probation service — or, in the case of certain young offenders, by local authority social services departments. Aftercare programmes are designed to protect public safety by monitoring inmates reintegration into the community while making sure they receive needed treatment and services. Existing aftercare programmes are effective in reducing juvenile recidivism.
TASK 3. Answer the following questions:
1. What are the main trends in preparing prisoners for release?
2. What is the aim of pre-release programmes?
3. What innovative programmes are established to aid the prisoner's return to society?
4. What are aftercare programmes designed for?
TASK 4. Read the article below and comment on the statements given in bold type:
Prisoners Prior to Release
In the past local prisons were used as pre-release centres, and indeed some of them still retain hostels for that purpose. Being near the court in which offenders are sentenced, they are also near the community into which short-term prisoners will be released. Therefore it would seem sensible that as many of these prisoners as possible should serve their sentences as near to that community as possible, and that long-term prisoners should be returned there for the last part of their sentence, so that the community, including the prisoner's family, can be included in work done with them prior to release, as envisaged in Lord Woolf's vision of community prisons. Bearing in mind how many prisoners come from inner-city areas, adjacent to large local prisons, it is believed that hostels are a development, or a return to former practice, that could be examined with advantage.
TASK 5. Render the following passage into English paying special attention to the words and expressions in bold type.
В современном мире широко дискутируется вопрос о пра­вах заключенных. Причем речь идет не о базовых правах для этой категории людей, а о праве на вполне цивилизованную жизнь в условиях заключения. Например, в Великобритании при многих тюрьмах построены гимнастические залы, открыты библиотеки. Осужденные в английских тюрьмах занимаются фи­зическим трудом, обучаются определенным видам ремесел, на­пример, пошиву одежды, строительству зданий, столярному ре­меслу, работе в прачечной, сельскохозяйственному труду, садо­водству.
Осужденные в Великобритании могут повысить свой образо­вательный уровень. Так, для несовершеннолетних правонару­шителей, еще не окончивших школу, 15 часов занятий в неделю обязательны. Совершеннолетние преступники могут получать образование на добровольной основе. Заключенным даже дается возможность подготовиться к экзаменам в Открытый Универси­тет (заочная система образования).
Цель этих про­грамм — помочь осужденному найти работу, когда он будет отпущен на сво­боду. Подобное отношение к че-lfti ловеку, престу­пившему закон, очень важно в свете реабилита­ции личности преступника (что означает приспо­собление его к условиям жизни в обществе среди законопо­слушных граждан). Одна из причин существования рецидивизма заключается в том, что, выйдя на свободу, человек сталкивается с враждебным отношением общества. Приобретение навыков, которые пригодятся человеку, отбывшему тюремное заключе­ние, при выходе на свободу снижает вероятность того, что он снова встанет на преступный путь.
Just English. Английский для юристов
Chapter V. Imprisonment: Retribution or Rehabilitation?

get across':
An Ex-Prisoner's Testimony
My reason for testifying publicly about areas of my life where the scars have still not healed is that I would like to help in the search for more satisfactory and more caring responses to the problems of delinquency.
I come from what is euphemistically known as a working-class background, in other words from the underclass. I was one of seven children, and we were so poor that none of us was able to stay on at school beyond the minimum leaving age. In January 1993 I was arrested, with some of my childhood buddies, for a hold-up committed with a dummy weapon.
Prison came as a brutal shock. The appalling physical conditions made me feel I had stepped back into an age of barbarity. The grim universe within the prison walls not only seemed out of touch with the outside world but to be embedded in a punitive mentality bordering on bestiality. I felt utterly isolated from the prison officers and my fellow inmates. I also felt cut off from myself, and this was not the least of the dangers I was up against. I soon learned what life in the jungle is all about. If you want to survive you can't afford to trust another living soul.
You start by withdrawing into a shell Then, if you don't crack up, you get tougher, carefully concealing your slightest weaknesses. You have to think twice about every move you make. A misplaced word or glance could lead to all sorts of trouble. The pressure was so intense that whatever vague feelings of remorse I might have had gave way to a strong sense of injustice. When you're always on your guard you suffer physical and psychological harm that is impossible to measure. After serving four-and-a-half years of a six-year sentence, I came out broken and bent on revenge.
Reintegration is a term that should be added to the list of empty, meaningless words. Mysteriously, everyone I contacted with a view to a job shied away as if they had been tipped off about me. I wondered for a long time whether life was worth living but loving support from my relatives helped me get back on my feet.
Whatever some people may think, it's never too late to start again But what a waste! Looking back, I can't help thinking it could have been avoided. dummy weapon the underclass to be bent on revenge to be on one's guard to be out of touch with smb./smth. to commit a hold-up to contact smb. with a view to a job to get tough to shy away from smb. to tip off about smb.
TASK 8. Answer the following questions:
1. What prompted the young man's slide into a life of crime?
2. Why did prison come as a brutal shock?
3. Why did the young man feel cut off from himself in prison?
4. How did the employers know that the man was an ex-convict?
TASK 9. Read the letter and answer the question: Would you help the ex-convict and why?
The Inmate's Letter
Dear NEEDED Friend,
My name is Leonard Singleton. Very soon I will be released from prison. I have no family support, no friends, no money, and no home to return to. At the time of my release, I will be given $25 and a bus ticket and then released into the streets, homeless and alone. I was previously released under the same conditions, which resulted in my resorting to crime to provide housing, clothing, and food for myself.
Just as you are sick and tired of the crime, the criminals and being victimized, please believe me, SO AM 1.1 am desperately tired of robbing, stealing and victimizing people. I never wanted to be a criminal. I made a very serious mistake by getting involved with the wrong crowd, doing the wrong things. I lost my family, freedom, and integrity. I am ashamed of myself for disgracing, embarrassing, and hurting my family and innocent victims.
My pain and shame for the crimes I formerly committed, goes beyond remorse and a plea for forgiveness. I cannot change the past, but I do ask for forgiveness and an opportunity to live a better life.
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I am asking you to help me with a fresh, new start. I need your help for construction tools and equipment, housing, clothing, food, utilities, household items, etc. With this help, I can put a roof over my head. I can focus on and acquire employment, and begin building a decent life. PLEASE HELP ME. PLEASE. I have no one else to turn to.
If you try to understand my situation and need for your help, please address a donation, check, or money order.
Liberty Savings Bank 330 West National Road Englewood, Ohio 45322-1496
I don't know what else to write to persuade you to help me. I do pray, God will touch your heart, to let you know I am sincere and worthy of your generous support.
Thank you for reading my message, and thank you for giving me a second chance.
Sincerely, Leonard Singleton
TASK 10. Study the letters of two convicts together (Task 6 and Task 9). Compare the conclusions they arrived at on release. How did the community react to their attempts to fit back into society?
Reintegration: A Real Process or a Meaningless
Prepare your arguments for or against the statements below. Use the active vocabulary from the Unit. Divide into two groups — pro and con, and conduct a debate. Appoint the 'Chair' of the debate who will give the floor to the speakers of both teams.
« Society is not ready to accept ex-prisoners. They will always be objects of suspicion in the community.
Society helps prisoners make the transition from prison to the community.
It's never too late to start again.

L Hammurabi's Code of Laws (1758 B.C.)
Here is what the inscription on the sacred pillar says:
...Hammurabi, the protecting king am I. The great gods have called me... I am here to reign so that the strong might not injure the weak, in order to protect the widows and orphans, to bespeak justice in the land, to settle all disputes, and heal all injuries, set up these my precious words, written upon my memorial stone, before the image of me, as king of righteousness.
My words are well considered; there is no wisdom like unto mine. Let my name be ever repeated; let the oppressed, who has a case at law, come and stand before this my image as king of righteousness; let him read the inscription, and understand my precious words: the inscription will explain his case to him; he will find out what is just, and his heart will be glad, so that he will say: "Hammurabi is a ruler, who is as a father to his subjects, who holds the words of Marduk in reverence, who has bestowed benefits for ever and ever on his subjects, and has established order in the land."
2. If any one brings an accusation against a man, and the accused goes to the river and leaps into the river, if he sinks in the river his accuser shall take possession of his house. But if the river proves that the accused is not guilty, and he escapes unhurt, then he who had brought the accusation shall be put to death, while he who leaped into the river shall take possession of the house that had belonged to his accuser. [...]
5. If a judge trying a case, reaches a decision, and presents his judgment in writing; if later error shall appear in his decision, and it be through his own fault, then he shall pay twelve times the fine set by him in the case, and he shall be publicly removed from the judge's bench, and never again shall he sit there to render judgement. 6. If any one steals the property of a temple or of the court, he shall be put to death, and also the one who receives the stolen thing from him shall be put to death. [...]
16. If any one receives into his house a runaway male or female slave, and does not bring it out at the public proclamation, the master of the house shall be put to death. [...]

Reader. Part I
21. If any one breaks a hole into a house (break in to steal), he shall be put to death before that hole and be buried.
22. If any one is committing a robbery and is caught, then he shall be put to death. [...]
25. If fire breaks out in a house, and some one who comes to put it out casts his eye upon the property of the owner of the house, and takes the property of the master of the house, he shall be thrown into that self-same fire. [...]
109. If conspirators meet in the house of a tavern-keeper, and these conspirators are not captured and delivered to the court, the tavern-keeper shall be put to death.
112. If any one be on a journey and entrusts silver, gold, precious stones, or any movable property to another, and wishes to recover it from him; if the latter does not bring all of the property to the appointed place, but appropriate it to his own use, then shall this man, who did not bring the property to hand it over, be convicted, and he shall pay fivefold for all that had been entrusted to him. [...]
117. If any one fails to meet a claim for debt, and sells himself, his wife, his son, and daughter for money or gives them away to forced labor, they shall work for three years in the house of the man who bought them, or the proprietor, and in the fourth year they shall be set free. [...]
122. If any one gives another silver, gold, or anything else to keep, he shall show everything to some witness, draw up a contract, and then hand it over for safe keeping. [...]
125. If any one places his property with another for safe keeping, and there, either through thieves or robbers, his property and the property of the other man be lost, the owner of the house, through whose neglect the loss took place, shall compensate the owner for all that was given to him in charge. But the owner of the house shall try to follow up and recover his property, and take it away from the thief. [...]
129. If a man's wife is surprised with another man, both shall be tied and thrown into the water, but the husband may pardon his wife. [...]
145. If a man takes a wife, and she bears him no children, and he intends to take another wife, if he takes this second wife, and brings her into the house, this second wife shall not be allowed equality with his wife. [...]
148. If a man takes a wife, and she be seized by disease, if he then desires to take a second wife he shall not put away his wife, who has been attacked by disease, but he shall keep her in the house which he has built and support her so long as she lives. [...]

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165. If a man gives to one of his sons whom he prefers a field, garden, and house and if later the father dies, and the brothers divide the estate, then they shall first give him the present of his father, and he shall accept it; and the rest of the paternal property shall they divide. [...]
175. If a State slave or the slave of a freed man marries the daughter of a free man, and children are born, the master of the slave shall have no right to enslave the children of the free. [...]
185. If a man adopts a child as his son, and rears him, this grown son cannot be demanded back again. [...]
192. If a son of a paramour or a prostitute says to his adoptive father or mother: "You are not my father, or my mother," his tongue shall be cut off. [...]
195. If a son strikes his father, his hands shall be hewn off.
196. If a man puts out the eye of another man, his eye shall be put out.
197. If he breaks another man's bone, his bone shall be broken.
198. If he puts out the eye of a freed man, or breaks the bone of a freed man, he shall pay one gold mina.
199. If he puts out the eye of a man's slave, or breaks the bone of a man's slave, he shall pay one-half of its value.
200. If a man knocks out the teeth of his equal, his teeth shall be knocked out. [...]
202. If any one strikes the body of a man higher in rank than he, he shall receive sixty blows with an ox-whip in public. [...]
205. If the slave of a freed man strikes the body of a freed man, his ear shall be cut off. [...]
229 If a builder builds a house for some one, and does not construct it properly, and the house which he built falls in and kills its owner, then that builder shall be put to death. [...]
282. If a slave says to his master: "You are not my master," if they convict him his master shall cut off his ear.
The Laws of William the Conqueror (1066—1087)
Here is set down what William, king of the English, established in consultation with his magnates after the conquest of England:
1. First that above all things he wishes one God to be revered throughout his whole realm, one faith in Christ to be kept ever inviolate, and peace and security to be preserved between English and Normans. .
2. We decree also that every freema'n shall affirm by oath and I compact that he will be loyal to king William both within and t outside England, that he will preserve with him his lands and honor I with all fidelity and defend him against his enemies.
3.1 will, moreover, that all the men I have brought with me, or who have come after me, shall be protected by my peace and shall dwell in quiet. And if any one of them shall be slain, let the
I lord of his murderer seize him within five days, if he can; but if he cannot, let him pay me 46 marks of silver so long as his substance f avails [...]
5. We forbid also that any live cattle shall be bought or sold for money except within cities, and this shall be done before three faithful witnesses [...]
6. It was decreed there that if a Frenchman shall charge an
Englishman with perjury or murder or theft or homicide, the
Englishman may defend himself, as he shall prefer, either by the ordeal of hot iron or by wager of battle. But if the Englishman be unfirm, let him find another who will take his place. If one of them shall be vanquished, he shall pay a fine of 40 shillings to the king.
If an Englishman shall charge a Frenchman and be unwilling to prove his accusation either by ordeal or by wager of battle, the
Frenchman shall acquit himself by a valid oath.
7. All shall have and hold the law of the king Edward in respect
, of their lands and all their possessions, with the addition of those decrees I have ordained for the welfare of the English people. [...] 9.1 prohibit the sale of any man by another outside the country on pain of a fine to be paid in full to me.
10.1 also forbid that anyone shall be slain or hanged for any fault, but let his eyes be put out and let him be castrated. And this command shall not be violated under pain of a fine in full to me.
The Magna Carta (1215)
John, by the grace of God King of England, Lord of Ireland, Duke of Normandy and Aquitaine, and Count of Anjou, to his archbishops, bishops, abbots, earls, barons, justices, foresters, sheriffs, stewards, servants, and to all his officials and loyal subjects, Greeting.
KNOW THAT BEFORE GOD, for the health of our soul and those of our ancestors and heirs, to the honour of God, the exaltation of the holy Church, and the better ordering of our kingdom, at the
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advice of our reverend fathers Stephen, archbishop of Canterbury, primate of all England, and cardinal of the holy Roman Church, Henry archbishop of Dublin, William bishop of London, [...] and other loyal subjects:
(1) FIRST, THAT WE HAVE GRANTED TO GOD, and by this present charter have confirmed for us and our heirs in perpetuity, that the English Church shall be free, and shall have its rights undiminished, and its liberties unimpaired. That we wish this so to be observed, appears from the fact that of our own free will, before the outbreak of the present dispute between us and our barons, we granted and confirmed by charter the freedom of the
Church's elections — a right reckoned to be of the greatest necessity and importance to it — and caused this to be confirmed by Pope
Innocent III. This freedom we shall observe ourselves, and desire to be observed in good faith by our heirs in perpetuity.
TO ALL FREE MEN OF OUR KINGDOM we have also granted, for us and our heirs forever, all the liberties written out below, to have and to keep for them and their heirs, of us and our heirs:
(2) If any earl, baron, or other person that holds lands directly of the Crown, for military service, shall die, and at his death his heir shall be of full age and owe a 'relief, the heir shall have his inheritance on payment of the ancient scale of 'relief. [...]
(3) But if the heir of such a person is under age and a ward, when he comes of age he shall have his inheritance without 'relief or fine.
(4) The guardian of the land of an heir who is under age shall take from it only reasonable revenues, customary dues, and feudal services. He shall do this without destruction or damage to men or property. If we have given the guardianship of the land to a sheriff, or to any person answerable to us for the revenues, and he commits destruction or damage, we will exact compensation from him, and the land shall be entrusted to two worthy and prudent men of the same 'fee', who shall be answerable to us for the revenues, or to the person to whom we have assigned them. If we have given or sold to anyone the guardianship of such land, and he causes destruction or damage, he shall lose the guardianship of it, and it shall be handed over to two worthy and prudent men of the same
'fee', who shall be similarly answerable to us. [...]
(7) At her husband's death, a widow may have her marriage portion and inheritance at once and without trouble. She shall pay nothing for her dower, marriage portion, or any inheritance that she and her husband held jointly on the day of his death. She may remain in her husband's house for forty days after his death, and within this period her dower shall be assigned to her.
(8) No widow shall be compelled to marry, so long as she wishes to remain without a husband. But she must give security that she will not marry without royal consent, if she holds her lands of the
Crown, or without the consent of whatever other lord she may hold them of.
(9) Neither we nor our officials will seize any land or rent in payment of a debt, so long as the debtor has movable goods sufficient to discharge the debt. A debtor's sureties shall not be distrained upon so long as the debtor himself can discharge his debt. If, for lack of means, the debtor is unable to discharge his debt, his sureties shall be answerable for it. If they so desire, they may have the debtor's lands and rents until they have received satisfaction for the debt that they paid for him, unless the debtor can show that he has settled his obligations to them. [...]

(12) No 'scutage' or 'aid' may be levied in our kingdom without its general consent, unless it is for the ransom of our person, to make our eldest son a knight, and (once) to marry our eldest daughter.
For these purposes only a reasonable 'aid' may be levied. 'Aids' from the city of London are to be treated similarly.
(13) The city of London shall enjoy all its ancient liberties and free customs, both by land and by water. We also will and grant that all other cities, boroughs, towns, and ports shall enjoy all their liberties and free customs.
(14) To obtain the general consent of the realm for the assessment of an 'aid' — except in the three cases specified above
— or a 'scutage', we will cause the archbishops, bishops, abbots, earls, and greater barons to be summoned individually by letter. To those who hold lands directly of us we will cause a general summons to be issued, through the sheriffs and other officials, to come together on a fixed day (of which at least forty days notice shall be given) and at a fixed place. In all letters of summons, the cause of the summons will be stated. When a summons has been issued, the business appointed for the day shall go forward in accordance with the resolution of those present, even if not all those who were summoned have appeared. [...]
(17) Ordinary lawsuits shall not follow the royal court around, but shall be held in a fixed place.
(18) Inquests of novel disseisin, mort d'ancestor, and darrein presentment shall be taken only in their proper county court. We ourselves, or in our absence abroad our chief justice, will send two

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justices to each county four times a year, and these justices, with four knights of the county elected by the county itself, shall hold the assizes in the county court, on the day and in the place where the court meets.
(19) If any assizes cannot be taken on the day of the county court, as many knights and freeholders shall afterwards remain behind, of those who have attended the court, as will suffice for the administration of justice, having regard to the volume of business, to be done.
(20) For a trivial offence, a free man shall be fined only in proportion to the degree of his offence, and for a serious offence correspondingly, but not so heavily as to deprive him of his livelihood. In the same way, a merchant shall be spared his merchandise, and a husbandman the implements of his husbandry, if they fall upon the mercy of a royal court. None of these fines shall be imposed except by the assessment on oath of reputable men of the neighbourhood.
(21) Earls and barons shall be fined only by their equals, and in proportion to the gravity of their offence. [...]

(23) No town or person shall'be forced to build bridges over rivers except those with an ancient obligation to do so.
(24) No sheriff, constable, coroners, or other royal officials are to hold lawsuits that should be held by the royal justices. [...]

(28) No constable or other royal official shall take corn or other movable goods from any man without immediate payment, unless the seller voluntarily offers postponement of this.
(29) No constable may compel a knight to pay money for castle- guard if the knight is willing to undertake the guard in person, or with reasonable excuse to supply some other fit man to do it. A knight taken or sent on military service shall be excused from castle- guard for the period of this service. [...]

(31) Neither we nor any royal official will take wood for our castle, or for any other purpose, without the consent of the owner.
(32) We will not keep the lands of people convicted of felony in our hand for longer than a year and a day, after which they shall be returned to the lords of the 'fees' concerned. (...)
(35) There shall be standard measures of wine, ale, and corn (the London quarter), throughout the kingdom. [...]
(38) In future no official shall place a man on trial upon his own unsupported statement, without producing credible witnesses to the truth of it.

(39) No free man shall be seized or imprisoned, or stripped of his rights or possessions, or outlawed or exiled, or deprived of his standing in any other way, nor will we proceed with force against him, or send others to do so, except by the lawful judgement of his equals or by the law of the land.
(40) To no one will we sell, to no one deny or delay right or justice. (41) All merchants may enter or leave England unharmed and without fear, and may stay or travel within it, by land or water, for purposes of trade, free from all illegal exactions, in 'accordance with ancient and lawful customs. This, however, does not apply in time of war to merchants from a country that is at war with us.
Any such merchants found in our country at the outbreak of war shall be detained without injury to their persons or property, until we or our chief justice have discovered how our own merchants are being treated in the country at war with us. If our own merchants are safe they shall be safe too.
(42) In future it shall be lawful for any man to leave and return to our kingdom unharmed and without fear, by land or water, preserving his allegiance to us, except in time of war, for some short period, for the common benefit of the realm. People that have been imprisoned or outlawed in^accordance with the law of the land, people from a country that is at war with us, and merchants — who shall be dealt with as stated above — are excepted from this provision. [...]
(45) We will appoint as justices, constables, sheriffs, or other officials, only men that know the law of the realm and are minded to keep it well. [...]
(52) To any man whom we have deprived or dispossessed of lands, castles, liberties, or rights, without the lawful judgement of his equals, we will at once restore these. In cases of dispute the matter shall be resolved by the judgement of the twenty-five barons referred to below in the clause for securing the peace. In cases, however, where a man was deprived or dispossessed of something without the lawful judgement of his equals by our father King Henry or our brother King Richard, and it remains in our hands or is held by others under our warranty, we shall have respite for the period commonly allowed to Crusaders, unless a lawsuit had been begun, or an enquiry had been made at our order, before we took the Cross as a Crusader. On our return from the Crusade, or if we abandon it, we will at onc!e render justice in full. [...]
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(54) No one shall be arrested or imprisoned on the appeal of a woman for the death of any person except her husband. [...]
(56) If we have deprived or dispossessed any Welshmen of lands, liberties, or anything else in England or in Wales, without the lawful judgement of their equals, these are at once to be returned to them. [...]
(57) In cases where a Welshman was deprived or dispossessed of anything, without the lawful judgement of his equals, by our father King Henry or our brother King Richard, and it remains in our hands or is held by others under our warranty, we shall have respite for the period commonly allowed to Crusaders, unless a lawsuit had been begun, or an enquiry had been made at our order, before we took the Cross as a Crusader. But on our return from the Crusade, or if we abandon it, we will at once do full justice according to the laws of Wales and the said regions. [...]

(60) All these customs and liberties that we have granted shall be observed in our kingdom in so far as concerns our own relations with our subjects. Let all men of our kingdom, whether clergy or laymen, observe them similarly in their relations with their own men. (61) SINCE WE HAVE GRANTED ALL THESE THINGS for
God, for the better ordering of our kingdom, and to allay the discord that has arisen between us and our barons, and since we desire that they shall be enjoyed in their entirety, with lasting strength, for ever, we give and grant to the barons the following security:
The barons shall elect twenty-five of their number to keep, and cause to be observed with all their might, the peace and liberties granted and confirmed to them by this charter.
If we, our chief justice, our officials, or any of our servants offend in any respect against any man, or transgress any of the articles of the peace or of this security, and the offence is made known to four of the said twenty-five barons, they shall come to us — or in our absence from the kingdom to the chief justice — to declare it and claim immediate redress. If we, or in our absence abroad the chief justice, make no redress within forty days, reckoning from the day on which the offence was declared to us or to him, the four barons shall refer the matter to the rest of the twenty-five barons, who may distrain upon and assail us in every way possible, with the support of the whole community of the land, by seizing our castles, lands, possessions, or anything else saving only our own person and those of the queen and our children, until they have secured such redress as they have determined upon.
Having secured the redress, they may then resume their normal obedience to us.
[...] If one of the twenty-five barons dies or leaves the country, or is prevented in any other way from discharging his duties, the rest of them shall choose another baron in his place, at their discretion, who shall be duly sworn in as they were.
In the event of disagreement among the twenty-five barons on any matter referred to them for decision, the verdict of the majority present shall have the same validity as a unanimous verdict of the whole twenty-five, whether these were all present or some of those summoned were unwilling or unable to appear.
The twenty-five barons shall swear to obey all the above articles faithfully, and shall cause them to be obeyed by others to the best ■ of their power.
[...] (62) We have remitted and pardoned fully to all men any ill-will, hurt, or grudges that have arisen between us and our subjects, whether clergy or laymen, since the beginning of the dispute. We have in addition remitted fully, and for our own part have also pardoned, to all clergy and laymen any offences committed as a result of the said dispute between Easter in the sixteenth year of our reign (i.e. 1215) and the restoration of peace.
[...] (63) IT IS ACCORDINGLY OUR WISH AND COMMAND that the English Church shall be free, and that men in our kingdom shall have and keep all these liberties, rights, and concessions, well and peaceably in their fullness and entirety for them and their heirs, of us and our heirs, in all things and all places for ever.
Both we and the barons have sworn that all this shall be observed in good faith and without deceit. Witness the above mentioned people and many others.
Given by our hand in the meadow that is called Runnymede, between Windsor and Staines, on the fifteenth day of June in the seventeenth year of our reign (i.e. 1215: the new regnal year began on 28 May).
The Petition of Rights (1628)
To the King's most excellent majesty
HUMBLY shew unto our sovereign lord the King, the lords spiritual and temporal, and commons in parliament assembled, That whereas it is declared and enacted by a statute made in the time

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of the reign of King Edward the First commonly called Statutum de tallagio поп concedendo, That no tallage or aid shall be laid or levied by the King or his heirs in this realm, without the good will and assent of the archbishops, bishops, earls, barons, knights, burgesses, and other freemen of the commonalty of this realm; (2) and by authority of parliament holden in the five and twentieth year of the reign of King Edward the Third, it is declared and enacted, That from thenceforth no person should be compelled to make any loans to the King against his will, because such loans were against reason and the franchise of the land; (3) and by other laws of this realm it is provided, That none should be charged by any charge or imposition called a benevolence, nor by such like charge; (4) by which the statutes before mentioned, and other the good laws and statutes of this realm, your subjects have inherited this freedom, That they should not be compelled to contribute to any tax, tallage, aid or other like charge not set by common consent in parliament.
II. Yet nevertheless, of late divers commissions directed to sundry commissioners in several counties, with instructions, have issued; by means whereof your people have been in divers places assembled, and required to lend certain sums of money unto your
Majesty, and many of them, upon their refusal so to do, have had an oath administered unto them not warrantable by the laws or statutes of this realm, and have been constrained to become bound to make appearance and give attendance before your privy council and in other places, and others of them have been therefore imprisoned, confined, and sundry other ways molested and disquieted; (2) and divers other charges have been laid and levied upon your people in several counties by lord lieutenants, deputy lieutenants, commissioners for musters, justices of peace and others, by command or direction from your Majesty, or your privy council, against the laws and free customs of the realm.
III. And where also by the statute called The Great Charter of the liberties of England, it is declared and enacted, That no freeman may be taken or imprisoned, or be diseased of his freehold or liberties, or his free customs, or be outlawed or exiled, or in manner destroyed, but by the lawful judgment of his peers, or by the law of the land.
IV. And in the eight and twentieth year of the reign of King
Edward the Third, it was declared and enacted by authority of parliament, That no man of what estate or condition that he be, should be put out of his land or tenements, nor taken, nor imprisoned, nor disherited, nor put to death without being brought to answer by due process of law:
V. Nevertheless against the tenor of the said statutes, and other the good laws and statutes of your realm to that end provided, divers of your subjects have of late been imprisoned without any cause shewed; (2) and when for their deliverance they were brought before your justices by your Majesty's writs of Habeas Corpus, there to undergo and receive as the court should order, and their keepers commanded to certify the causes of their detainer, no cause was certified, but that they were detained by your Majesty's special command, signified by the lords of your privy council, and yet were returned back to several prisons, without being charged with any thing to which they might make answer according to the law:
VI. And whereas of late great companies of soldiers and mariners have been dispersed into divers counties of the realm, and the inhabitants against their wills have been compelled to receive them into their houses, and there to suffer them to sojourn, against the laws and customs of this realm, and to the great grievance and vexation of the people:
VII. And whereas also by authority of parliament, in the five and twentieth year of the reign of King Edward the Third, it is declared and enacted, That no man should be forejudged of life or limb against the form of the great charter and the law of the land;
(2) and by the said great charter and other the laws and statutes of this your realm, no man ought to be adjudged to death but by the laws established in this your realm, either by the customs of the same realm, or by acts of parliament: (3) and whereas no offender of what kind soever is exempted from the proceedings to be used, and punishments to be inflicted by the laws and statutes of this your realm: nevertheless of late time divers commissions under your
Majesty's great seal have issued forth, by which certain persons have been assigned and appointed commissioners with power and authority to proceed within the land, according to the justice of martial law, against such soldiers or mariners, or other dissolute persons joining with them, as should commit any murder, robbery, felony, mutiny or other outrage or misdemeanor whatsoever, and by such summary course and order as is agreeable to martial law, and as is used in armies in time of war, to proceed to the trial and condemnation of such offenders, and them to cause to be executed and put to death according to the law martial:
VIII. By pretext whereof some of your Majesty's subjects have been by some of the said commissioners put to death, when and

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where, if by the laws and statutes of the land they had deserved death, by the same laws and statutes also they might, and by no other ought to have been judged and executed:
IX. And also sundry grievous offenders, by colour thereof claiming an exemption, have escaped the punishments due to them by the laws and statutes of this your realm, by reason that divers of your officers and ministers of justice have unjustly refused or forborn to proceed against such offenders according to the same laws and statutes, upon pretence that the said offenders were punishable only by martial law, and by authority of such commissions as aforesaid: (2) which commissions, and all other of like nature, are wholly and directly contrary to the said laws and statutes of this your realm:
X. They do therefore humbly pray your most excellent Majesty,
That no man hereafter be compelled to make or yield any gift, loan, benevolence, tax, or such-like charge, without common consent by act of parliament; (2) and that none be called to make answer, or take such oath, or to give attendance, or be confined, or otherwise molested or disquieted concerning the same, or for refusal thereof;
(3) and that no freeman, in any such manner as is before-mentioned, be imprisoned or detained; (4) and that your Majesty would be pleased to remove the said soldiers and manners, and that your people may not be so burdened in time to come; (5) and that the aforesaid commissions, for proceeding by martial law, may be revoked and annulled; and that hereafter no commissions of like nature may issue forth to any person or persons whatsoever to be executed as aforesaid, lest by colour of them any of your Majesty's subjects be destroyed, or put to death contrary to the laws and franchise of the land.
XI All which they most humbly pray of your most excellent Majesty as their rights and liberties, according to the laws and statutes of this realm; and that your Majesty would also vouchsafe to declare, That the awards, doings and proceedings, to the prejudice of your people in any of the premises, shall not be drawn hereafter into consequence or example; (2) and that your Majesty would be also graciously pleased, for the further comfort and safety of your people, to declare your royal will and pleasure, That in the things aforesaid all your officers and ministers shall serve you according to the laws and statutes of this realm, as they tender the honour of your Majesty, and the prosperity of this kingdom. Qua quidem petitione lecta & plenius intellecta per dictum dominum regem taliter est responsum in pleno parliamento, viz. Soit droit fait come est desire.
The English Bill of Rights (1689)
An Act Declaring the Bights and Liberties of the Subject and Settling the Succession of the Crown
Whereas the Lords Spiritual and Temporal and Commons assembled at Westminster, lawfully, fully and freely representing all the estates of the people of this realm, did upon the thirteenth day of February in the year of our Lord one thousand six hundred eighty-nine present unto their Majesties, then called and known by the names and style of William and Mary, prince and princess of Orange, being present in their proper persons, a certain declaration in writing made by the said Lords and Commons in the words following:
Whereas the late King James the Second, by the assistance of divers evil counsellors, judges and ministers employed by him, did endeavour to subvert and extirpate the Protestant religion and the laws and liberties of this kingdom;
By assuming and exercising a power of dispensing with and suspending of laws and the execution of laws without consent of Parliament;
By levying money for and to the use of the Crown by pretence of prerogative for other time and in other manner than the same was granted by Parliament;
By raising and keeping a standing army within this kingdom in time of peace without consent of Parliament, and quartering soldiers contrary to law;
By causing several good subjects being Protestants to be disarmed at the same time when papists were both armed and employed contrary to law;
By violating the freedom of election of members to serve in Parliament;
And whereas of late years partial corrupt and unqualified persons have been returned and served on juries in trials, and particularly diverse jurors in trials for high treason which were not freeholders;
And excessive bail hath been required of persons committed in criminal cases to elude the benefit of the laws made for the liberty of the subjects;
And excessive fines have been imposed; And illegal and cruel punishments inflicted;
All which are utterly and directly contrary to the known laws and statutes and freedom of this realm;
And whereas the said late King James the Second having abdicated the government and the throne being thereby vacant, his
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Highness the prince of Orange (whom it hath pleased Almighty God to make the glorious instrument of delivering this kingdom from popery and arbitrary power) did (by the advice of the Lords Spiritual and Temporal and divers principal persons of the Commons) cause letters to be written to the Lords Spiritual and Temporal being Protestants, and other letters to the several counties, cities, universities, boroughs and cinque ports, for the choosing of such persons to represent them as were of right to be sent to Parliament, to meet and sit at Westminster upon the two and twentieth day of January in this year one thousand six hundred eighty and eight [old style date], in order to such an establishment as that their religion, laws and liberties might not again be in danger of being subverted, upon which letters elections having been accordingly made [...]
And thereupon the said Lords Spiritual and Temporal and Commons, pursuant to their respective letters and elections, being now assembled in a full and free representative of this nation, taking into their most serious consideration the best means for attaining the ends aforesaid, do in the first place (as their ancestors in like case have usually done) for the vindicating and asserting their ancient rights and liberties declare:
That the pretended power of suspending the laws or the execution of laws by regal authority without consent of Parliament is illegal;
That levying money for or to the use of the Crown by pretence of prerogative, without grant of Parliament, for longer time, or in other manner than the same is or shall be granted, is illegal;
That it is the right of the subjects to petition the king, and all commitments and prosecutions for such petitioning are illegal;
That the raising or keeping a standing army within the kingdom in time of peace, unless it be with consent of Parliament, is against law;
That the subjects which are Protestants may have arms for their defence suitable to their conditions and as allowed by law;
That election of members of Parliament ought to be free;
That the freedom of speech and debates or proceedings in Parliament ought not to be impeached or questioned in any court or place out of Parliament;
That excessive bail ought not to be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted;
And that for redress of all grievances, and for the amending, strengthening and preserving of the laws, Parliaments ought to be held frequently.
And they do claim, demand and insist upon all and singular the premises as their undoubted rights and liberties, and that no declarations, judgments, doings or proceedings to the prejudice of the people in any of the said premises ought in any wise to be drawn hereafter into consequence or example; to which demand of their rights they are particularly encouraged by the declaration of his Highness the prince of Orange as being the only means for obtaining a full redress and remedy therein. Having therefore an entire confidence that his said Highness the prince of Orange will perfect the deliverance so far advanced by him, and will still preserve them from the violation of their rights which they have here asserted, and from all other attempts upon their religion, rights and liberties, the said Lords Spiritual and Temporal and Commons assembled at Westminster do resolve that William and Mary, prince and princess of Orange, be and be declared king and queen of England, France and Ireland and the dominions thereunto belonging, to hold the crown and royal dignity of the said kingdoms and dominions to them, the said prince and princess, during their lives and the life of the survivor to them, and that the sole and full exercise of the regal power be only in and executed by the said prince of Orange in the names of the said prince and princess during their joint lives, and after their deceases the said crown and royal dignity of the same kingdoms and dominions to be to the heirs of the body of the said princess, and for default of such issue to the Princess Anne of Denmark and the heirs of her body, and for default of such issue to the heirs of the body of the said prince of Orange. And the Lords Spiritual and Temporal and Commons do pray the said prince and princess to accept the same accordingly.
Upon which their said Majesties did accept the crown and royal dignity of the kingdoms of England, France and Ireland, and the dominions thereunto belonging, according to the resolution and desire of the said Lords and Commons contained in the said declaration.
And thereupon their Majesties were pleased that the said Lords Spiritual and Temporal and Commons, being the two Houses of Parliament, should continue to sit, and with their Majesties' royal concurrence make effectual provision for the settlement of the religion, laws and liberties of this kingdom, so that the same for the future might not be in danger again of being subverted, to which the said Lords Spiritual and Temporal and Commons did agree, and proceed to act accordingly.
And the said Lords Spiritual and Temporal and Commons, seriously considering how it hath pleased Almighty God in his
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marvellous providence and merciful goodness to this nation to provide and preserve their said Majesties' royal persons most happily to reign over us upon the throne of their ancestors, for which they render unto him from the bottom of their hearts their humblest thanks and praises, do truly, firmly, assuredly and in the sincerity of their hearts think, and do hereby recognize, acknowledge and declare, that King James the Second having abdicated the government, and their Majesties having accepted the crown and royal dignity as aforesaid, their said Majesties did become, were, are and of right ought to be by the laws of this realm our sovereign liege lord and lady, king and queen of England, France and Ireland and the dominions thereunto belonging, in and to whose princely persons the royal state, crown and dignity of the said realms with all honours, styles, titles, regalities, prerogatives, powers, jurisdictions and authorities to the same belonging and appertaining are most fully, rightfully and entirely invested and incorporated, united and annexed. And for preventing all questions and divisions in this realm by reason of any pretended titles to the crown, and for preserving a certainty in the succession thereof, in and upon which the unity, peace, tranquility and safety of this nation doth under God wholly consist and depend, the said Lords Spiritual and Temporal and Commons do beseech their Majesties that it may be enacted, established and declared, that the crown and regal government of the said kingdoms and dominions, with all and singular the premises thereunto belonging and appertaining, shall be and continue to their said Majesties and the survivor of them during their lives and the life of the survivor of them, and that the entire, perfect and full exercise of the regal power and government be only in and executed by his Majesty in the names of both their Majesties during their joint lives; and after their deceases the said crown and premises shall be and remain to the heirs of the body of her Majesty, and for default of such issue to her Royal Highness the Princess Anne of Denmark and the heirs of the body of his said Majesty; and thereunto the said Lords Spiritual and Temporal and Commons do in the name of all the people aforesaid most humbly and faithfully submit themselves, their heirs and posterities for ever, and do faithfully promise that they will stand to, maintain and defend their said Majesties, and also the limitation and succession of the crown herein specified and contained, to the utmost of their powers with their lives and estates against all persons whatsoever that shall attempt anything to the contrary.
And whereas it hath been found by experience that it is inconsistent with the safety and welfare of this Protestant kingdom to be governed by a popish prince, or by any king or queen marrying a papist, the said Lords Spiritual and Temporal and Commons do further pray that it may be enacted, that all and every person and persons that is, are or shall be reconciled to or shall hold communion with the see or Church of Rome, or shall profess the popish religion, or shall marry a papist, shall be excluded and be for ever incapable • to inherit, possess or enjoy the crown and government of this realm and Ireland and the dominions thereunto belonging or any part of the same, or to have, use or exercise any regal power, authority or jurisdiction within the same; and in all and every such case or cases the people of these realms shall be and are hereby absolved of their allegiance; and the said crown and government shall from time to time descend to and be enjoyed by such person or persons being Protestants as should have inherited and enjoyed the same in case the said person or persons so reconciled, holding communion or professing or marrying as aforesaid were naturally dead;
And that every king and queen of this realm who at any time hereafter shall come to and succeed in the imperial crown of this kingdom shall on the first day of the meeting of the first Parliament next after his or her coming to the crown, sitting in his or her throne in the House of Peers in the presence of the Lords and Commons therein assembled, or at his or her coronation before such person or persons who shall administer the coronation oath to him or her at the time of his or her taking the said oath (which shall first happen), make, subscribe and audibly repeat the declaration mentioned in the statute made in the thirtieth year of the reign of King Charles the Second entitled, "An Act for the more effectual preserving the king's person and government by disabling papists from sitting in either House of Parliament."
But if it shall happen that such king or queen upon his or her succession to the crown of this realm shall be under the age of twelve years, then every such king or queen shall make, subscribe and audibly repeat the same declaration at his or her coronation or the first day of the meeting of the first Parliament as aforesaid which shall first happen after such king or queen shall have attained the said age of twelve years. All which their Majesties are contented and pleased shall be declared, enacted and established by authority of this present Parliament, and shall stand, remain and be the law of this realm for ever; and the same are by their said Majesties, by and with the advice and consent of the Lords Spiritual
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and Temporal and Commons in Parliament assembled and by the authority of the same, declared, enacted and established accordingly.
II. And be it further declared and enacted by the authority aforesaid, that from and after this present session of Parliament no dispensation by non obstante of .or to any statute or any part thereof shall be allowed, but that the same shall be held void and of no effect, except a dispensation be allowed of in such statute, and except in such cases as shall be specially provided for by one or more bill or bills to be passed during this present session of Parliament.
III. Provided that no charter or grant or pardon granted before the three and twentieth day of October in the year of our Lord one thousand six hundred eighty-nine shall be any ways impeached or invalidated by this Act, but that the same shall be and remain of the same force and effect in law and no other than as if this Act had never been made.
The U.S. Declaration of Independence (1776)
The Unanimous Declaration of the Thirteen United States of America
When in the Course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another, and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature's God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation.—We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.—That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed,—That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness.
Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shown, that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed.
But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security.—Such has been the patient sufferance of these Colonies; and such is now the necessity which constrains them to alter their former Systems of Government. The history of the present King of Great Britain is a history of repeated injuries and usurpations, all having in direct object the establishment of an absolute Tyranny over these States.
To prove this, let Facts be submitted to a candid world.—He has refused his Assent to Laws, the most wholesome and necessary for the public good.—He has forbidden his Governors to pass Laws of immediate and pressing importance, unless suspended in their operation till his Assent should be obtained; and when so suspended, he has utterly neglected to attend to them.—He has refused to pass other Laws for the accommodation of large districts of people, unless those people would relinquish the right of Representation in the Legislature, a right inestimable to them and formidable to tyrants only.—He has called together legislative bodies at places unusual, uncomfortable, and distant from the depository of their public Records, for the sole purpose of fatiguing them into compliance with his measures.—He has dissolved Representative Houses repeatedly, for opposing with manly firmness his invasions on the rights of the people.—He has refused for a long time, after such dissolutions, to cause others to be elected; whereby the Legislative powers, incapable of Annihilation, have returned to the People at large for their exercise; the State remaining in the mean time exposed to all the dangers of invasion from without, and convulsions within.— He has endeavoured to prevent the population of these States; for that purpose obstructing the Laws for Naturalization of Foreigners; refusing to pass others to encourage their migration hither, and raising the conditions of new Appropriations of Lands.—
He has obstructed the Administration of Justice, by refusing his Assent to Laws for establishing Judiciary powers.—He has made judges dependent on his Will alone, for the tenure of their offices, and the amount and payment of their salaries.—He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance.—He has kept among us, in times of peace, Standing Armies, without the Consent of our legislatures.—He has affected to render the Military independent of and superior to the Civil power.—He has combined with others

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to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation:—For quartering large bodies of armed troops among us:—For protecting them, by a mock Trial, from punishment for any Murders which they should commit on the Inhabitants of these States:—For cutting off our Trade with all parts of the world:—For imposing Taxes on us without our Consent:—For depriving us in many cases, of the benefits of Trial by Jury:—For transporting us beyond Seas to be tried for pretended offences:— For abolishing the free System of English Laws in a neighbouring Province, establishing therein an Arbitrary government, and enlarging its Boundaries so as to render it at once an example and fit instrument for introducing the same absolute rule into these Colonies:—For taking away our Charters, abolishing our most valuable Laws, and altering fundamentally the Forms of our Governments:—For suspending our own Legislatures, and declaring themselves invested with power to legislate for us in all cases whatsoever.—
He has abdicated Government here, by declaring us out of his Protection and waging War against us.—He has plundered our seas, ravaged our Coasts, burnt our towns, and destroyed the lives of our people.—He is at this time transporting large Armies of foreign Mercenaries to complete the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.—He has constrained our fellow Citizens taken Captive on the high Seas to bear Arms against their Country, to become the executioners of their friends and Brethren, or to fall themselves by their Hands.—He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless Indian Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions. In every stage of these Oppressions We have Petitioned for Redress in the most humble terms: Our repeated Petitions have been answered only by repeated injury. A Prince, whose character is thus marked by every act which may define a Tyrant, is unfit to be the ruler of a free people.
Nor haye We been wanting in attentions to our British brethren. We have warned them from time to time of attempts by their legislature to extend an unwarrantable jurisdiction over us. We have reminded them of the circumstances of our emigration and settlement here. We have appealed to their native justice and magnanimity, and we have conjured them by the ties of our common kindred to disavow these usurpations, which, would inevitably interrupt our connections and correspondence. They too have been deaf to the voice of justice and of consanguinity. We must, therefore, acquiesce in the necessity, which denounces our Separation, and hold them, as we hold the rest of mankind. Enemies in War, in Peace Friends.—
We, therefore, the Representatives of the United States of America, in General Congress, Assembled, appealing to the Supreme Judge of the world for the rectitude of our intentions, do, in the Name, and by Authority of the good People of these Colonies, solemnly publish and declare, That these United Colonies are, and of Right ought to be Free and Independent States; that they are Absolved from all Allegiance to the British Crown, and that all political connection between them and the State of Great Britain, is and ought to be totally dissolved; and that as Free and Independent States, they have full Power to levy War, conclude Peace, contract Alliances, establish Commerce, and to do all other Acts and Things which Independent States may of right do.— And for the support of this Declaration, with a firm reliance on the protection of Divine Providence, we mutually pledge to each other our Lives, our Fortunes and our sacred Honour.
The U.S. Bill of Rights (1791)
Amendment I. Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
Amendment II. A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.
Amendment Ш. No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.
Amendment IV. The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

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Amendment V. No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use without just compensation
Amendment VI. In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining Witnesses in his favor, and to have the assistance of counsel for his defense.
Amendment VII. In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any Court of the United States, than according to the rules of the common law.
Amendment VIII. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. Amendment IX. The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
Amendment X. The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
European Prison Rules (1990s)
1. The deprivation of liberty shall be effected in material and moral conditions which ensure respect for human dignity and are in conformity with these rules.
2. The rules shall be applied impartially. There shall be no discrimination on the grounds of race, colour, sex, language, religion, political or other opinion, national or social origin, birth, economic or other status. The religious beliefs and moral precepts of the group to which a prisoner belongs shall be respected.
3. The purposes of the treatment of persons in custody shall be such as to sustain their health and self-respect and, so far as the length of sentence permits, to develop their sense of responsibility and encourage those attitudes and skills that will assist them to return to society with the best chance of leading law-abiding and self-supporting lives after their release. [...]
8. In every place where persons are imprisoned a complete and secure record of the following information shall be kept concerning each prisoner received:
(a) information concerning the identity of the prisoner; •
(b) the reasons for commitment and the authority therefore;
(c) the day and hour of admission and release. [...]

11.1. In allocating prisoners to different institutions or regimes, due account shall be taken of their judicial and legal situation
(untried or convicted prisoner, first offender or habitual offender, short sentence or long sentence), of the special requirements of their treatment, of their medical needs, their sex and age.
11.2. Males and females shall in principle be detained separately, although they may participate together in organised activities as part of an established treatment programme.
11.3. In principle, untried prisoners shall be detained separately from convicted prisoners unless they consent to being accommodated or involved together in organised activities beneficial to them.
11.4. Young prisoners shall be detained under conditions which as far as possible protect them from harmful influences and which take account of the needs peculiar to their age. [...]
14.1. Prisoners shall normally be lodged during the night in individual cells except in cases where it is considered that there are advantages in sharing accommodation with other prisoners.
15. The accommodation provided for prisoners, and in particular all sleeping accommodation, shall meet the requirements of health and hygiene, due regard being paid to climatic conditions and especially the cubic content of air, a reasonable amount of space, lighting, heating and ventilation. [...]
19. All parts of an institution shall be properly maintained and kept clean at all times. [...]
21. For reasons of health and in order that prisoners may maintain a good appearance and preserve their self-respect, facilities shall be provided for the proper care of the hair and beard, and men shall be enabled to shave regularly.
22.1. Prisoners who are not allowed to wear their own clothing shall be provided with an outfit of clothing suitable for the climate
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and adequate to keep them in good health. Such clothing shall in no manner be degrading or humiliating.
26.1. At every institution there shall be available the services of at least one qualified general practitioner. The medical services should be organised in close relation with the general health administration of the community or nation. They shall-include a psychiatric service for the diagnosis and, in proper cases, the treatment of states of mental abnormality.
26.2. Sick prisoners who require specialist treatment shall be transferred to specialised institutions or to civil hospitals.
27. Prisoners may not be submitted to any experiments which may result in physical or moral injury.
28.1. Arrangements shall be made wherever practicable for children to be born in a hospital outside the institution. However, unless special arrangements are made, there shall in penal institutions be the necessary staff and accommodation for the confinement and postnatal care of pregnant women. If a child is born in prison, this fact shall not be mentioned in the birth certificate.
28.2. Where infants are allowed to remain in the institution with their mothers, special provision shall be made for a nursery staffed by qualified persons, where the infants shall be placed when they are not in the care of their mothers. [...]
33. Discipline and order shall be maintained in the interests of safe custody, ordered community life and the treatment objectives of the institution. [...]
36.1. No prisoner shall be punished except in accordance with the terms of such law or regulation, and never twice for the same act. 36.2. Reports of misconduct shall be presented promptly to the competent authority who shall decide on them without undue delay.
36.3. No prisoner shall be punished unless informed of the alleged offence and given a proper opportunity of presenting a defence. 37. Collective punishments, corporal punishment, punishment by placing in a dark cell, and all cruel, inhuman or degrading punishment shall be completely prohibited as punishments for disciplinary offences. {...]
39. The use of chains and irons shall be prohibited. Handcuffs, restraint-jackets and other body restraints shall never be applied as a punishment. They shall not be used except in the following circumstances: (a) if necessary, as a precaution against escape during a transfer, provided that they shall be removed when the prisoner appears before a judicial or administrative authority unless that authority decides otherwise;
(b) on medical grounds by direction and under the supervision of the medical officer;
(c) by order of the director; if other methods of control fail, in order to protect a prisoner from self-injury, injury to others or to prevent serious damage to property; in such instances the director shall at once consult the medical officer and report to the higher administrative authority. [...]

41.1. Every prisoner shall on admission be provided with written information about the regulations governing the treatment of prisoners of the relevant category, the disciplinary requirements of the institution, the authorised methods of seeking information and making complaints, and all such other matters as are necessary to understand the rights and obligations of prisoners and to adapt to the life of the institution.
41.2. If a prisoner cannot understand the written information provided, this information shall be explained orally.

42.1. Every prisoner shall have the opportunity every day of making requests or complaints to the director of the institution or the officer authorised to act in that capacity.
42.2. A prisoner shall have the opportunity to talk to, or to make requests or complaints to, an inspector of prisons or to any other duly constituted authority entitled to visit the prison without the director or other members of the staff being present. However appeals against formal decisions may be restricted to the authorised procedures. 42.3. Every prisoner shall be allowed to make a request or complaint, under confidential cover to the central prison administration, the judicial authority or other proper authorities.
42.4. Every request or complaint addressed or referred to a prison authority shall be promptly dealt with and replied to by this authority without undue delay.
43.1. Prisoners shall be allowed to communicate with their families and, subject to the needs of treatment, security and good order, persons or representatives of outside organisations and to receive visits from these persons as often as possible.
44.1. Prisoners who are foreign nationals should be informed, without delay, of their right to request contact and be allowed reasonable facilities to communicate with the diplomatic or consular representative of the state to which they belong. The prison administration should co-operate fully with such representatives in
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the interests of foreign nationals in prison who may have special needs. 45. Prisoners shall be allowed to keep themselves informed regularly of the news by reading newspapers, periodicals and other publications, by radio or television transmissions, by lectures or by any similar means as authorised or controlled by the administration.
46. So far as practicable, every prisoner shall be allowed to satisfy the needs of his religious, spiritual and moral life by attending the services or meetings provided in the institution and having in his possession any necessary books or literature. [...]

48.1. All money, valuables, clothing and other effects belonging to prisoners which under the regulations of the institution they are not allowed to retain shall on admission to the institution be placed in safe custody. An inventory thereof shall be signed by the prisoner.
Steps shall be taken to keep them in good condition. If it has been found necessary to destroy any article, this shall be4recorded and the prisoner informed.
48.2. On the release of the prisoner, all such articles and money shall be returned except insofar as they have been authorised withdrawals of money or the authorised sending of any such property out of the institution, or it has been found necessary on hygienic grounds to destroy any article. The prisoner shall sign a receipt for the articles and money returned. [...]

52. Prison staff shall be continually encouraged through training, consultative procedures and a positive management style to aspire to humane standards, higher efficiency and a committed approach to their duties.
53. The prison administration shall regard it as an important task continually to inform public opinion of the roles of the prison system and the work of the staff so as to encourage public understanding of the importance of their contribution to society. [...]

56. All members of the personnel shall be expected at all times so to conduct themselves and perform their duties as to influence the prisoners for good by their example and to command their respect. 57. So far as possible the" personnel shall include a sufficient number of specialists such as psychiatrists, psychologists, social workers, teachers, trade, physical education and sports instructors. [...]
63.1. Staff of the institutions shall not use force against prisoners except in self-defence or in cases of attempted escape or active or passive physical resistance to an order based on law or regulations. Staff who have recourse to force must use no more than is strictly necessary and must report the incident immediately to the director of the institution.
64. Imprisonment is by the deprivation of liberty a punishment in itself. The conditions of imprisonment and the prison regimes shall not, therefore, except as incidental to justifiable segregation or the maintenance of discipline, aggravate the suffering inherent in this. [...]
68. As soon as possible after admission and after a study of the personality of each prisoner with a sentence of a suitable length, a programme of treatment in a suitable institution shall be prepared in the light of the knowledge obtained about individual needs, capacities and dispositions, especially proximity to relatives. [...]
70.1. The preparation of prisoners for release should begin as soon as possible after reception in a penal institution. Thus, the
[ treatment of prisoners should emphasise not their exclusion from the community but their continuing part in it. Community agencies and social workers should, therefore, be enlisted wherever possible to assist the staff of the institution in the task of social rehabilitation of the prisoners particularly maintaining and improving the
' relationships with their families, with other persons and with the social agencies. Steps should be taken to safeguard, to the maximum extent compatible with the law and the sentence, the rights relating to civil interests, social security rights and other social benefits of prisoners. 71.1. Prison work should be seen as a positive element in treatment, training and institutional management.
71.2. Prisoners under sentence may be required to work, subject to their physical and mental fitness as determined by the medical officer. 71.4. So far as possible the work provided shall be such as will maintain or increase the prisoner's ability to earn a normal living after release.
71.5. Vocational training in useful trades shall be provided for prisoners able to profit thereby and especially for young prisoners.
77. A comprehensive education programme shall be arranged in every institution to provide opportunities for all prisoners to pursue at least some of their individual needs and aspirations. Such programmes should have as their objectives the improvement of the prospects for successful social resettlement, the morale and attitudes of prisoners and their self-respect.
78. Education should be regarded as a regime activity that attracts the same status and basic remuneration within the regime

Just English. Английский для юристов as work, provided that it takes place in normal working hours and is part of an authorised individual treatment programme.
79. Special attention should be given by prison administrations to the education of young prisoners, those of foreign origin or with particular cultural or ethnic needs. [...]
82. Every institution shall have a library for the use of all categories of prisoners, adequately stocked with a wide range of both recreational and instructional books, and prisoners shall be encouraged to make full use of it. Wherever possible the prison library should be organised in co-operation with community library services. [...]
88. In the case of those prisoners with longer sentences, steps should be taken to ensure a gradual return to life in society. This aim may be achieved, in particular, by a pre-release regime organised in the same institution or in another appropriate institution, or by conditional release under some kind of supervision combined with effective social support. [...]
89.2. Steps must be taken to ensure that on release prisoners are provided, as necessary, with appropriate documents and identification papers, and assisted in finding suitable homes and work to go to. They should also be provided with immediate means of subsistence, be suitably and adequately clothed having regard to the climate and season, and have sufficient means to reach their destination 89.3. The .approved representatives of the social agencies or services should be afforded all necessary access to the institution and to prisoners with a view to making a full contribution to the preparation for release and after-care programme of the prisoner. [.„]
92.1. Untried prisoners shall be allowed to inform their families of their detention immediately and given all reasonable facilities for communication with family and friends and persons with whom it is in their legitimate interest to enter into contact. [...]
100.1. Persons who are found to be insane should not be detained in prisons and arrangements shall be made to remove them to appropriate establishments for the mentally ill as soon as possible.

Reader. Part II
Sir Thomas More, 1478—1535
Sir Thomas More was an English statesman and writer, known for his religious stance against King Henry VIH that cost him his life. More was born in London and was educated at one of London's best schools. He later spent two years in the University of Oxford, mastering Latin and undergoing a thorough drilling in formal logic.
Among his important thoughts was that the reasons for crime were to be found in economic and social conditions. He believed that if people lived in a more just and humane society they would behave better. He also thought that punishment should be sensible and that people found guilty should be made to work for the good of the community. His views were far ahead of the time, so that it was only in later centuries that his book Utopia was really understood.
More's Utopia describes a pagan and communist city-state in which the institutions and policies are entirely governed by reason. The order and dignity of such a state provided a notable contrast with the unreasonable policy of Christian Europe, divided by self-interest and greed for power and riches, which More described in Book 1, written in England in 1516. Among the topics discussed by More in Utopia were penology, state-controlled education, religious pluralism, divorce, euthanasia, and women's rights. The resulting demonstration of his learning, invention, and wit established his reputation as one of the foremost Humanists. Soon translated into most European languages, Utopia became the ancestor of a new literary genre, the Utopian romance.
More's History of King Richard HI, written in Latin and in English between about 1513 and 1518, is the first masterpiece of English historiography. Though never finished, it influenced succeeding historians. William Shakespeare is indebted to More for his portrait of the tyrant.
More attracted the attention of King Henry VTII. The King made More one of his favourites and often sought his company for philosophical conversations. More became Lord Chancellor in 1529; he was the first layman -to hold the post. His fortunes changed, however, when he refused to support Henry's request for a divorce from Catherine of Aragon.
As a strict Roman Catholic he disapproved of Henry VIH's attempt to break away from the church in Rome and set up his own Church of England. For failing to accept Henry as the head of

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the English church he was tried for treason in 1535 and beheaded at the Tower of London He was made a saint by the Roman Catholic Church.
John Locke, 1632—1704
The ideas and writings of the seventeenth-century English philosopher John Locke deeply influenced the political outlook of the American colonists. Locke spelled out his political ideas in Two Treatises on Civil Government, first published in 1690. His writings were widely read and discussed in both Europe and America. Locke's ideas seemed to fit the American colonial experience. Colonial leaders such as Benjamin Franklin, Thomas Jefferson, and James Madison regarded these ideas as political truth. Locke's ideas became so influential that they have been called the "textbook of the American Revolution."
Locke reasoned that all people were born free, equal, arid independent. They possessed natural rights to life, liberty, and property at the time they lived in a state of nature, before governments were formed. People contracted among themselves to form governments to protect their natural rights. Locke argued that if a government failed to protect these natural rights, the people could change that government. The people had not agreed to be governed by tyrants who threatened their rights but by rulers who defended their rights.
Locke's ideas were revolutionary in an age when monarchs still claimed they had God-given absolute powers. Locke denied that people were born with an obligation to obey their rulers. Rather, in his Second Treatise on Civil Government, Locke insisted that freedom of people under government is to have a standing rule to live by, common to every one of that society, and made by the legislative power vested in it.
Government, then, was legitimate only as long as people continued to consent to it. Both the Declaration of Independence and the* Constitution, written nearly a century after Locke, reflected Locke's revolutionary ideas.
Charles-Louis de Secondat Montesquieu, 1689—1755
Montesquieu is a French political philosopher whose major work appeared under the title The Spirit of Laws. It consisted of two volumes, comprising 31 books in 1,086 pages. It is one of the greatest works in the history of political theory and in the history of jurisprudence. Its author had acquainted himself with all previous schools of thought but identified himself with none.
Of the multiplicity of subjects treated by Montesquieu, none remained unadorned. His treatment of three was particularly memorable.
The first of these is his classification of governments. Abandoning the classical divisions of his predecessors into monarchy, aristocracy, and democracy, Montesquieu produced his own analysis and assigned to each form of government an animating principle: the republic, based on virtue; the monarchy, based on honour; and despotism, based on fear. His definitions show that this classification rests not on the location of political power but on the government's manner of conducting policy; it involves a historical and not a narrow descriptive approach.
The second of his most noted arguments is the theory of the separation of powers. Dividing political authority into the legislative, executive, and judicial powers, he asserted that, in the state that most effectively promotes liberty, these three powers must be confided to different individuals or bodies, acting independently. It at once became perhaps the most important piece of political writing of the 18th century. Though its accuracy has in more recent times been disputed, in its own century it was admired and held authoritative; it inspired the Declaration of the Rights of Man and the Constitution of the United States.
The third of Montesquieu's most celebrated doctrines is that of the political influence of climate. Basing himself on the experience of his travels, and on experiments, he stressed the effect of climate, primarily thinking of heat and cold, on the physical frame of the individual, and, as a consequence, on the intellectual outlook of society. According to Montesquieu, other factors (laws, religion, and maxims of government) are of a non-physical nature, and their influence, compared with that of climate, grows as civilization advances.
After the book was published, praise came to Montesquieu from the most varied headquarters. The Scottish philosopher David Hume wrote from London that the work would win the admiration of all the ages; an Italian friend spoke of reading it in an ecstasy of admiration; the Swiss scientist Charles Bonnet said that Montesquieu had discovered the laws of the intellectual world as Newton had those of the physical world. The philosophers of the Enlightenment accepted him as one of their own, as indeed he was. His fame was
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now worldwide. But renown lay lightly on his shoulders. His affability and modesty are commented on by all who met him. He was a faithful friend, kind and helpful to young and unestablished men of letters, witty, though absent-minded, in society.
Voltaire, 1694—1778
Voltaire was the most influential figure of the French Enlightenment. Considered by his contemporaries as the greatest poet and dramatist of the century, he is now better known for his essays and tales. His precocious wit, his upbringing among a group of libertines, and his predilection for aristocratic circles were to mark his life, as his classical education by the Jesuits was to form his taste. For writing some satirical verses, he spent a year imprisoned in the Bastille (1717—1718), after which he adopted the name Voltaire. Subsequently he quarrelled with a nobleman, was returned briefly to the Bastille in April 1726, then went into exile in England for three years. There he absorbed the lessons of British liberties, deism, and literature. Then, for safety, he moved (1759) to Ferney, just inside the French border, which remained his home until his triumphal return to Paris in February 1778.
Voltaire was pre-eminent in almost every genre. He catapulted to fame in 1718 with Oedipus. His historical works — History of Charles XII, Age of Louis XIV, Essay on Manners — are landmarks of historiography.
Most of all, however, Voltaire was, and remains, famous as a philosopher, a fighter for reform. His ideas were expressed in poems, tracts, pamphlets, and tales, which are still universally read and admired. His philosophical works include the Treatise on Metaphysics (1734), The Disaster of Lisbon (1756), and the influential Philosophical Dictionary, a witty compendium of his ideas.
Finally, Voltaire was the most prolific correspondent of the century. His thousands of letters portray his life and personality, reflect his wit and ideas, and describe his times.
Voltaire was the leader and chief organizer and propagandist of the reformist group called Philosophers. He strove for collaboration with the more radical of the encyclopaedists, such as Diderot, but in 1770 the two groups could not agree on the issue of atheism or on tactics. Although Voltaire is known principally as a reformer and teller of tales, he was one of the originators of modern historiography. Although his use of history for non-historical purposes — propaganda, debunking, philosophical explanations — were justly criticised, he demanded authentic documentation and broke with tradition in his conception of history as the history of civilisation social, economic, and cultural, as well as political.
Jeremy Bentham, 1748—1832
The philosopher and jurist Jeremy Bentham was born in London on the 15th of February 1748. He proved to be something of a child prodigy: while still a toddler he was discovered sitting at his father's desk reading a multi-volume history of England, and he began to study Latin at the age of three. At twelve, he was sent to Queen's College, Oxford, by his father, a prosperous attorney, who decided that Jeremy would follow him into the law, feeling quite sure that his brilliant son would one day be Lord Chancellor of England.
Bentham, however, soon became disillusioned with the law, especially after hearing the lectures of the leading authority of the day, Sir William Blackstone. Instead of practicing the law, he decided to write about it, and he spent his life criticising the existing law and suggesting ways for its improvement. His father's death in 1792 left him financially independent, and for nearly forty years he lived quietly in Westminster, producing between ten and twenty sheets of manuscript a day, even when he was in his eighties. For those who have never read a line of Bentham, he will always be associated with the doctrine of Utilitarianism and his attempts to make the punishment more precisely fit the crime. This, however, was only his starting point for a radical critique of society, which aimed to test the usefulness of existing institutions, practices and beliefs against an objective evaluative standard. He was an outspoken advocate of law reform, a pugnacious critic of established political doctrines like natural law, and the first to produce a utilitarian justification for democracy. He also had much to say on subjects as diverse as prison reform, religion, poor relief and international law. A visionary far ahead of his time, he advocated universal suffrage.
By the 1820s Bentham had become a widely respected figure, both in Britain and in other parts of the world. His ideas were to influence greatly the reforms of public administration made during the nineteenth century, and his writings are still at the centre of academic debate, especially as regards social policy and legal positivism and welfare economics.

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According to the Bible, he was the first murderer. The story is told in Genesis, Chapter Four. He was a tiller of the soil and his brother Abel was a shepherd. They were both sons of Adam and Eve. When the Lord accepted Abel's offerings and rejected those of his, he was very "wroth and his countenance fell". He fell upon his brother Abel and killed him. When the Lord asked him where his brother was, he asked the famous question "am I my brother's keeper?". For his crime, he was banished to be a wanderer over the earth, but to prevent him from being killed, God put a mark upon him to protect him. According to the Bible, he went to live in the land of Nod, east of Eden.
Marcus Junius Brutus, 85—42 B.C., Gaius Longinus Cassius, d. 42 B.C.
These two Roman generals were the leaders of conspiracy to murder Julius Caesar, the man who invaded Britain and was one of the greatest Roman generals. Both had distinguished careers, having been promised governorships by Caesar. One was even a personal friend of Caesar's but was convinced by the other that Caesar, who by then was dictator of Rome, was a tyrant who must be got rid of. On the Ides (15th) of March 44 B.C. Caesar was stabbed to death on the steps of the Capitol, the senate house of Rome, both men taking part in the murder. Unfortunately, the conspiracy then began to crumble and the two generals fled to Macedonia to raise an army. They were defeated at the battle of Philip by Caesar's nephew Octavian and Roman military hero Mark Anthony. After the battle one committed suicide, While the other ordered his servant to kill him.
Caligula, A.D. 12—41
This Roman Emperor will always be remembered for his great cruelty and love of bloodshed. On one occasion, at one of the famous games, at which the gladiators performed, he is said to have remarked that he wished that the Roman people had only one neck so that he could kill them all with one blow. There is little doubt this his extreme cruelty was due to madness, as he started his reign in a very reasonable way. However, after a strange illness, he began to act as though insane and declared himself a god and even gave his horse a high public office. In the end he was murdered by a member of his own bodyguard as he left the games on 24th January A.D. 41.
Colonia Agrippina, A.D. 16—59
As Roman empress, married to the emperor Claudius, she is remembered mostly for having poisoned him in A.D. 54 in order for her son, Nero to take the throne. The sister of Caligula and a cruel and ambitious woman, she is said to have murdered her previous husband as well. In the end she met her death on the orders of Nero, who was tired of being ruled by his mother. The city of her birth on the Rhine was named Colonia Agrippinensis in her honour and is now called Cologne.
Guy Fawkes, 1570—1606
Guy Fawkes is the best known member of the gang which planned Gunpowder plot of 1605. The originators of the plot were Robert Catesby, Thomas Winter, Thomas Percy and John Wright. Fawkes was only brought in later by Catesby, who knew of his reputation for courage. All were Roman Catholics and their plan was to destroy James I and his Protestant parliament by blowing them up. Percy rented a house next to parliament and later the cellar below the House of Lords. There Fawkes hid thirty-six barrels of gunpowder, covering them with wood and coal. The plot was discovered when one of the conspirators sent a letter to Lord Monteagle in October 1605 asking him not to attend the opening of parliament on 5th November. Suspicions were aroused and on the night of 4th November Fawkes was arrested in the cellar. He had been given the task of lighting the fuse to set off the explosion. Tortured, he refused to give the names of his fellow conspirators until they had either been killed or captured. He was executed by hanging on 31st January 1606.
Captain William Kidd, 1645—1701
A privateer was a private person (a civilian not in the navy) who was given a commission to attack the King's enemies at sea and traditionally there was always a thin line dividing privateering from piracy. In 1695 William Kidd, a Scotsman who had emigrated to Boston, Massachusetts, was given a commission by William III
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Reader. Part III

to arrest all pirates and also a commission to act as a privateer against the French. He fitted out the brig Adventure and in 1697 sailed to Madagascar, the lair of many pirates at that time. But instead of attacking the pirates, he joined forces with them and began capturing merchant ships and plundering local trade. He deserted his ship and went to New York, offering treasure to the governor and claiming to be able to explain his actions. However, he was arrested and sent to England for trial where he was hanged in 1701. About 14,000 pounds of treasure was recovered from his ship and from a hiding place near Long Island, though there is still supposed to be a lot of Captain Kidd's treasure waiting to be found.
Alessandro Cagliostro, 1743—1795
Count Cagliostro's real name was Guiseppe Balsamo, and he became famous as a charlatan or confidence trickster, as we would call him today. As a young man he learned a little about chemistry and medicine and then left Sicily in 1769. After getting some knowledge of the supernatural, he appeared in Malta as the great Count Cagliostro, specialist in medicine, magic and all kinds of strange arts. He was soon fleecing the rich of Europe, selling them an elixir of youth and love potions. Finally he was condemned to death in Rome for setting up a secret society and died in prison at San Leone.
Billy the Kid (William Bonny), 1860—1881
Billy the Kid was a legend in the Wild West as a cattle rustler and murderer. Slim and fair, Billy was born in New York but soon moved to New Mexico. He was apprenticed to a blacksmith but found this boring, so he shot the smith and became a cowboy. At first he worked for John Chisholm, who was fighting a range war in the Pecos Valley. He quarrelled with Chisholm and joined a band of cattle rustlers, killing as many of Chisholm's men as he could in the process. Pat Garrett was elected sheriff to capture Billy the Kid. He did this, but Billy shot two deputies and escaped from his cell just before he was due to be hanged. He was caught by Garrett

two months and five murders later and shot dead in a gunfight. He was said to have shot twenty-one men, but in fact he probably only killed three.
Jack the Ripper
"Jack the Ripper" was a mysterious killer who terrorised the East End of London in the autumn of 1888. His victims, all women, were killed by having their throats cut, and in many cases the bodies were savagely mutilated as well. The number of victims is said to be between four and fourteen, though police authorities generally thought that only five murders were definitely the work of the Ripper. The Ripper was never caught, and his identity remains a mystery. All kinds of people have been suggested as possible Rippers, including the Duke of Clarence and even a barrister.
Roy Bean, d. 1903
In the days when the western part of the USA was known as Wild West law was upheld by very rough and ready men. 'Judge' Bean, as he called himself, was one of the most colourful of the lawmen. As a young man he had been a slaver, driven an ammunition truck in the war against Mexico, smuggled cotton and been tried. He became famous as Justice of the Peace in a town called Vinegarroon. Here, in a saloon called the Jersey Lilly — so named after the actress Lily Langtree of whom he was a fan — he held the court. His justice was as rough as the people he tried and he built up an enormous reputation, so that many tales were told about him. One is that he decided on one occasion that a man accused of murdering a Chinaman might call on his tough friends to make trouble for the judge. Looking through his law books he announced that he could not find anywhere that it said that you must not kill a Chinaman!
Butch Cassidy, 1866—1910 and the Sundance Kid,
d. 1910
Butch Cassidy, whose real name was Robert Leroy Parker, was the leader of a" gang of American outlaws called the Wild Bunch who operated mainly from a secure hideout in Wyoming Territory called Hole in the Wall. Other members of the gang were the Sundance Kid (real name Harry Longbaugh), Bill 'News' Carver, Ben Kilpatrick and Harvey Logan. The Wild Bunch rustled cattle,

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held up banks and robbed trains, all with varied success. On one occasion they stole $40,000 in notes that were so new that they had not been signed, and their clumsy attempts to forge the signatures failed miserably. Having made things too hot for themselves by robbing the Union Pacific railway rather too frequently, in 1902 Butch Cassidy and the Sundance Kid moved to South America accompanied by pretty schoolteacher Etta Place. This combination carried out a number of robberies, before the two outlaws were ambushed and killed in a gunfight with the Bolivian army in 1910. However, rumours persist that either one or both men returned to the USA and lived on peacefully to die of old age. The film of their life and death, Butch Cassidy and the Sundance Kid, starring Paul Newman and Robert Redford, managed to catch the flavour of criminal exploits almost perfectly.
Mata Hari (born Gertruda Margarete Zelle), 1876—1917
Mata Hari, who was executed by a firing squad in France in October 1917, is probably the most famous spy of all time. She is renown for her beauty, her numerous military lovers, her provocative oriental dancing, and, above all, her espionage. Yet in fact, she was not oriental, or even a spy. Mata Hari was a stage name adopted by a plump middle-aged Dutch divorcee, named Mrs. Margaretha MacLeod, who had left her alcoholic Scottish husband and opted to become a dancer in Europe. The evidence of her alleged espionage on behalf of the German Kaiser is based merely on her being mistaken for a well-known German agent Clara Benedix, by the British in November 1916. In that month Mrs. MacLeod was arrested in Falmouth, Cornwall, on board of the ship Hollandia while she was on her way to Holland. The police released her when they realised the mistake. Later she was arrested in France and charged with having been in contact with German intelligence officers in Madrid (though she had never even been there). At her trial in Paris her lurid life-style was used to damning effect. It was only in 1963, when the secret files relating to her case were released, that the legend was reassessed. Most historians now think that, far from being a spy, Mata Hari was simply an innocent scapegoat — shot because the French government wanted to cover up its military ineptitude by fabricating an all-powerful ring of German agents.
Captain Alfred Dreyfus, 1859—1935
The name of Dreyfus is one of the most famous in the history of espionage. He was a French army officer of Jewish ancestry who in 1894 was sentenced to life imprisonment for selling military secrets to the Germans. The high command of the French army was strongly anti-Jewish and Dreyfus was a convenient scapegoat. His court martial was carried out as if he had already been found guilty. To serve his sentence he was sent to Devil's Island, the French prison colony off the coast of Guiana. In 1896 an army intelligence officer found proof that Dreyfus was innocent, but the army chief of staff refused to accept it. Support for Dreyfus grew and in 1898 the writer Emile Zola published a famous open letter, "J'accuse", calling for his case to be reopened. At last, the army brought Dreyfus back from Devil's Island and retried him in 1899. To the amazement of everyone, this second court martial again found him guilty. Such was the public fury that the President pardoned Dreyfus immediately, but it was not until 1906 that his name was fully cleared, and the real traitor exposed.
Lizzie Borden, 1860—1927
Lizzie Borden is known worldwide through a poem which was written about her. It goes:
Lizzie Borden took an axe And gave her father forty whacks. When she saw what she had done, She gave her mother forty-one.
This cruel verse refers to the fact that Lizzie Borden was accused of having killed her father and stepmother by chopping them to pieces with an axe at their home in Fall River, Massachusetts, in 1892. She was tried for the two murders and acquitted, but the trial has become a legend, and many books have been written about it.

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Dr. Hawley Harvey Crippen, 1882—1910
Crippen is famous as a murderer mainly because he was the first one to be caught by the use of wireless telegraphy. He was an American-born doctor who settled in London in 1900 with his wife Cora who had theatrical ambitions and used the stage name Belle Elmore. In 1910 Crippen's wife vanished in suspicious circumstances and when the house was searched her dismembered body was discovered buried in a cellar. She had been poisoned. Meanwhile Crippen had fled with his girlfriend Ethel Le Neve, who was disguised as a boy. They thought that they were safe once they boarded the liner Mantrose for America, but the authorities used the newly invented wireless to pass on a warning to the ship's captain. Shortly afterwards 'Mr. Robinson' and his 'son' were recognised and Crippen and Le Neve were arrested in New York and returned to Britain. Largely due to Crippen's insistence that she knew nothing of the crime, Ethel Le Neve was freed, but the mild, inoffensive looking little man was hanged at Pentonville prison on 23rd November 1910.
Bonnie and Clyde (Bonnie Parker and Clyde Barrow), d. 1934
In the days of the Depression in America after 1929, these two young people made a great name for themselves robbing stores and committing murders quite casually and often for the sheer fun of it. Bonnie Parker was a waitress when she met Clyde Barrow, and she ended up a legendary figure known for her love of red dresses, cigars and firearms. Working in the southern states of the USA they left behind a trail of destruction. On several occasions they were trapped by the police, but seemed to bear a charmed life and escaped even through a hail of bullets. On one occasion they held up a prison farm killing a guard and helping a friend to escape. Huge rewards were by then offered for their capture. Following a tip-off, the police finally ambushed Bonnie and Clyde at a crossroads and killed them in the gunfight that followed. In 1967 a film was made of their exploits, which resulted in the two becoming almost cult figures, and a pop song was written about them, which became a best-selling record.
'Ma' Barker, d. 1935
'Ma' Barker's gang was mostly composed of her own four sons, and she led them to criminal fame. She was never arrested, but her sons often were. Ma would appear in court and protest their innocence or raise bail. By the time the gang was cleared up by the FBI it had been responsible for the deaths of four policemen, a civilian and one of their own number who talked too much.
The Barkers hit the big time when they started kidnapping rich men for ransom, but this increased the pressure by police and the FBI on the gang and its members had - to split up. When Arthur Barker was captured, Ma's hideout in
Florida was revealed. The FBI's G-men surrounded the house and called on Ma Barker and her son Fred to surrender. "To hell with all of you", she replied and opened fire. The FBI used tear gas, but the gunfight continued until both Ma Barker and her son were dead.
Bruno Hauptmann, d. 1936
Kidnapping, which means the taking of a person — sometimes a child — by force and asking the family, friends or even employers of the person for ransom in return for his or her release, has always been regarded as a serious crime. One of the best known kidnappings of modern times took place in America in March 1932, when the nineteen-months old son of American aviator Colonel Charles Lindbergh was taken from his New Jersey home while he was asleep in the nursery. Charles Lindbergh was the first man to fly the Atlantic non-stop single-handed in 1927 and a great American hero. A large sum of money — $50,000 — was demanded by the kidnapper and this was eventually paid over by Lindbergh in April. However, the boy had already been murdered and his body buried under leaves and twigs in a wood only four miles from the Lindbergh home. As a result of the Lindbergh case the crime of kidnapping was made a Federal instead of just a State offence with the passing of the "Lindbergh Act" (Federal Kidnapping Act) in 1933. This allowed the FBI to become involved in the search for kidnappers and their victims, making an arrest so much more likely. The kidnapper of Lindbergh's child, Bruno Hauptmann, a carpenter from New York, was finally arrested in September 1934 after a massive search, and executed in 1936. The publicity which followed
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the kidnapping was so great that the Lindberghs eventually left America to live in England and continued to do so until 1939.
Hans Van Meegeren, 1889—1947
Van Meegeren will go down in history as one of the greatest of all art forgers. His work fooled all the experts. Before the Second World War Van Meegeren was a struggling artist in Holland who gradually became embittered by the fact that his own painting was not appreciated. He therefore painted a number of works in the style of Vermeer, which were accepted as the real thing. The six 'Vermeers' he painted were sold for huge sums of money: five to Dutch museums and the sixth to Hermann Goering, the German Nazi leader, for 165,000 pounds during the war. When the war was over, the sale of the picture to Goering was traced to Van Meegeren, who was accused of collaborating with the Germans. To save himself, Van Meegeren confessed to having forged the painting, but had to paint another 'Vermeer' while the experts watched, before anyone would believe him. He was tried in 1947 on a charge of forgery and sentenced to one year in prison. Six weeks later he died, having finally achieved fame as a painter.
Alphonse Capone, 1899—1947
'АГ Capone is possibly the best-known of all American gangsters, though by no means the most important. His home ground was Chicago. He was brought into the rackets by Johnny Torrio and Torrio's uncle 'Big Jim' Colosimo. Capone seized his chance when Prohibition was declared in 1920, which made the manufacture and sale of alcohol illegal in America. He soon rose to control a large part of the illegal liquor market in Chicago and the Middle West. A fierce and vicious man, he was responsible for many gangland killings, including the 1929 St. Valentine's Day Massacre, in which seven rival "bootleggers" (men selling illicit liquor) were trapped by gunmen dressed as police and machine-gunned to death. He was imprisoned in 1931 on income tax charges, became a model prisoner and was released in 1939.
'Lucky Luciano', 1897—1962
'Lucky' Luciano, so called because he led a charmed life and avoided assassination, was one of the most powerful leaders of the Mafia in the USA. Having risen to be a trusted lieutenant of Joe
Masseria ('Joe the Boss'), he had him killed in 1931. This was the first step Luciano was to make in getting rid of the old guard of the Mafia, to make way for younger men like himself. In the reorganisation that followed Luciano became capo or head of one of the five New York Mafia 'Families'. He became the most powerful chieftain in the Mafia, and formed alliances with gangsters of other national groups such as the Jews and Irish-Americans. In 1936 he was sent to prison but paroled in 1945 because of his and the Mafia's secret work for the U.S. government during the Second World War. Afterwards he was deported to Italy, from where he ran the European end of the Mafia's drugs operation.
Frank Costello, 1891—1973
Known by American newspapers as 'the Prime Minister of Crime', Costello was born in Italy and came to America in 1896. Though not well educated, he had a very good brain, and rose steadily through the ranks of the Mafia until in 1936 he took over 'Lucky' Luciano's position as capo di capore, or head of all the Family heads. He avoided violence whenever possible, but was not afraid to use it where necessary. By 1943 he virtually owned New York, appointing city officials, judges and even mayors. He was jailed in 1954 on income tax charges and the resulting publicity made him less valuable to Meyer Lansky's National Crime Syndicate, and he lost much of his power. An attempt was made on his life in 1957, but he was then allowed to. retire in peace.
George Blake, b. 1922
Born in Holland, he was a famous traitor and Russian spy. During the Second World War, he was a member of the Dutch resistance until he escaped to England, joined the Navy and changed his name to Blake. He joined the intelligence services and was captured in Korea while serving in the British Embassy in Seoul. Blake was released in 1953 but had been secretly converted to communism while a prisoner. He then served as an agent for MI6 and as a double agent for the Russians, first in Berlin and later in
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Reader. Part IV

Britain. In 1960 he was arrested and sentenced in 1961 to no less than forty-two years in prison. But in 1967, helped by a released fellow-prisoner, he made a daring escape from Wormwood Scrubs prison and was smuggled out to Moscow by the Russians.
Lee Harvey Oswald, 1940—1963
In 1963 the world was shaken by the news that President Kennedy had been assassinated in Dallas, Texas, while driving from airport. The man arrested for this terrible crime was Lee Harvey Oswald. After service in the U.S. Marine Corps, Oswald went to the Soviet Union for a time and married a Russian girl. On returning to the United States he was for a time involved with Cuban revolutionary elements. On 22nd November 1963 he is said to have taken a rifle into the Texas Book Depository in Dallas, where he worked, and shot President Kennedy and Governor Conally of Texas as they drove past. Conally survived, but the President died soon afterwards. Oswald tried to escape, shooting a policeman who tried to stop him. He was caught, but was later shot dead before he could be brought to trial by the night-club owner Jack Ruby, who had got into the police station. The Warren Commission, which investigated the assassination, stated that Oswald had acted alone, but many people do not agree, and there are still a great many questions concerning the killing left unanswered.
Father Brown
One of the great figures of detective fiction is Father Brown, created by G.KChesterton (1874—1936) and largely based on his friend Father John O'Connor. Father Brown is a plump, moon-faced Roman Catholic priest from Essex, apparently vague and harmless, never separated from his large black umbrella and several brown paper parcels tied up with a string. In fact Father Brown is a master of detection as Chesterton showed in forty-nine stories published between 1911 and 1935. He finds himself involved, more or less by chance, in a crime, which he solves by using common sense and his vast knowledge of human nature. Father Brown appeared on film in 1954, with Alec Guinness in the title role, and later in a television series, starring Kenneth More.
Sherlock Holmes
The famous fictional detective of Victorian times was created by Sir Arthur Conan Doyle (1859—1930) who based the brilliant deductive method and personality of his character on Dr. Joseph Bell, under whom he had worked as a surgeon. Holmes with his incredible powers of deduction, his mastery of disguise and his scientific brilliance, first appeared in The Strand Magazine in 1882 in a story called A Study in Scarlet together with his faithful chronicler Dr. John Watson. Longer novels, collections of short stories continued to appear up until The Case of Sherlock Holmes (1927). But Conan Doyle had already been tired of his creation and had once tried to kill him off with his rival Professor Moriarty, but public pressure had secured his return. The stories remain hugely popular and have provided material for countless films and TV series. But the phrase "Elementary, my dear Watson" was never uttered by Holmes and is a later invention.
Ellery Queen
This was at the same time the name of a fictional detective and also the pen-name of the two authors, Frederick Dannay (1905— 1971) and Manfred Lee (b. 1905). The books written by 'Ellery Queen' are about Ellery Queen, an American playboy writer of

232 detective stories, who keeps getting involved in mysteries himself. He first appeared in The Roman Hat Mystery in 1929, and in many later books. He was also the hero of several films made between 1935 and 1943, and Peter Lawford starred in a television series based on the books in 1971. Ellery Queen (the author) also founded a Mystery Magazine, which was a popular outlet for detective stories by other writers.
Hercules Poirot
The famous fictional detective, the Belgian Hercules Poirot, made his first appearance in 1920 in The Mysterious Affair at Styles written by the best selling novelist Agatha Christie (1891—1976), and he appeared in many of her stories after that. The heyday of Poirot's popularity was the period between the two World Wars, but he is undergoing a revival in films, especially Murder on the Orient Express and Death on the Nile. Plump, vain and dapper, Poirot has moustaches of which he is very proud and a weakness for exhorting people to use their 'little grey cells' (their brains).
Inspector Jules Maigret
Inspector Maigret was created by novelist Georges Simenori in 1931 and has become one of the most popular fictional policeman in the world. He is the central figure in more than 500 novels and short stories written by Simenon. He is a calm, thoughtful and very painstaking detective, who never makes any spectacular arrests and does most of his work by talking to people. Through the stories the reader can form a very vivid picture of the seamy side of French life. A television series, starring Rupert Da vies as Maigret, was made by the BBC in the 1960s.
Perry Mason
The hard-hitting American defence lawyer Perry Mason was created by Erie Stanley Gardner (1889—1970). With his attractive
Reader. Part IV rf ъ° шГ secretary Della street and his legman detective Paul
Drake, Mason specialises in taking on clients accused of crimes and proving their innocence. His cases generally end in a dramatic courtroom scene in which Mason unmasks the true culprit He first appeared in The Case of the Velvet Claws in 1933. In a popular television series of the 1960s, actor Raymond Burr'played Perrv
Masoa J

1. Bank Robbers
1.1. Klaus Schmidt, 41, burst into a bank in Berlin, Germany, waved a pistol, and screamed, "Hand over the money!" The staff asked if he wanted a bag, to which he replied, "Damn right it's a real gun!" Guessing Schmidt was deaf, the manager set off the alarm, saying later, "It was ridiculously loud, but he didn't seem to notice." After five minutes, punctuated by Schmidt's occasionally shouting, "I am a trained killer!" police arrived and arrested him. Schmidt then sued the bank, accusing them of exploiting his disability.
1.2. Five armed raiders burst into a bank in Baku, the capital of Azerbaijan. Their demands for money were foiled when the staff calmly opened up the safes to reveal rows of empty shelves.
Unfortunately, robbers were let down by their ignorance of the republic's finances. No money had been delivered to any of the banks in Baku for the previous two months.
1.3. John Nashid from New York held up a bank in Bronx and got away with $17,000. He then led the police on a five-mile car chase through back streets, throwing fistfuls of dollars out of the window in an attempt to hold up pursuit. To a certain extent it may have worked, as $6,300 of his haul wasn't recovered; but it also left a trail for the 12 cop cars chasing him to follow. Eventually Nashid ran from his car, dived through the window of a nearby nursing home, and was finally captured near a garbage can at the rear of the building. He had entered the bank draped in a sheet with holes cut out for his eyes, and was immediately nicknamed 'Casper the
Ghost' by police.
1.4. Scottish bank robber Derek Macfadden was caught because he was too law-abiding. Gun in hand, he held up a bank at Gif f nock, near Glasgow, and then raced off in his getaway car with £4,000.
Despite being pursued by police, he halted at a red traffic light, where he was promptly arrested.

Reader. Part V
1.5. A man arrived at a bank in East Hartford, Connecticut. He was wearing a blue bandanna across his face and brandishing a pistol as he yanked at the door, only to find it was locked. The bank had actually closed at 3:00! After staring at the door for a few seconds, the man ran off into a small black car. Staff still inside the bank called the police, but no arrest was made.
Perhaps even later in arriving was the gang who spent the night cutting their way into a Lloyds bank in Hampshire, England. They cut bars with a hydraulic saw, wrenched out a security grille, and punched a hole through a wall The only problem was that the bank
' was closed down four years earlier, and the building was empty.
1.6. From Florence, Italy, is a tale in which the guards got it wrong: security men were all too eager to help a man with his foot in a cast as he hobbled into a bank on metal crutches. Ignoring the alarm from the metal detector at the bank's entrance, they guided the apparently disabled man to a cashier's register. There he dropped his crutches, pulled a gun, and grabbed $40,000 before sprinting away.
1.7. Michael Norton stole two security cameras from the lobby of a bank. The cops were sure it was Norton, one of the neigbourghood characters, because the last pictures the cameras took showed him unscrewing them from the wall mountings.
Detective Thomas Hickey set off to cruise the streets and eventually found Norton. "Hey", called Hickey. "Could you explain to me how come the bank has your picture?" "I didn't rob the bank," Norton protested. "I just took the camera." Oops...
2. Muggers
2.1. After he had been robbed of $20 in Winnipeg, Canada,
Roger Morse asked for his wallet back. The mugger agreed, handed over his own wallet by mistake, and fled — leaving Roger $250 better off. 2.2. In Camden, New
Jersey, Clarence Gland and
Kin Williams were taking a late-night stroll when a car pulled up and two men got out. One of them produced a long black snake and shoved it toward Gland's face, and while the couple
Just English. Английский для юристов
Reader. Part V

stood rigid, his associate made off with cash, a personal stereo, and a wristwatch. A snake expert later identified the reptile from its description as a completely harmless rat snake. In other words, it was not loaded.
2.3. A gun-toting mugger made a bad mistake when he held up a man who was walking home through an alley in West Virginia.
Finding his victim was carrying only $13, he demanded a check for $300. The man wrote out the check, and the thief was caught the next day when he tried to cash it. As the cops said afterward:
"The crook wasn't very bright."
2.4. An Italian who turned to snatching handbags to finance his drug addiction came unstuck, when he robbed his own mother by mistake. The woman was walking along the street when her son, who didn't see her face until it was too late, sped past on a motorcycle and snatched her bag. Recognising him, his mother was so angry she reported him to the police.
2.5. Belgian police quickly solved two Brussels street robberies when they heard the victims' description of the culprit: he was wearing a bright-yellow jacket and had a cast on one leg. The man was caught within 15 minutes of his second robbery.
2.6. Purse snatcher Daniel Pauchin ended up in the hospital, when he tried to rob two women in a street in Nice, France. The victims were burly transvestites who beat him up and left him with broken ribs.
2.7. Mandy Hammond from Arnold, England, went out with two friends. As they waited for a taxi, a man walked up to them and demanded Mandy's lipstick and eyeshadow. The group thought he was joking, but he then pulled a gun, held it to her friend Paul
Upton's head and announced, "Don't laugh. I've got a gun, and I'll shoot if you haven't got any lipstick.' Lipstick was promptly produced, and the man strolled off. In the same month a gunman struck in Scarborough, England. Wearing a hood and dark glasses, he forced a pharmacist assistant, at gunpoint, to fill a bag with pimple cream. Police were said to be "puzzled".
3. Thieves
3.1. Edward Williams of Houston, Texas, was fined $10,000 and put on 10 years' probation. He had formerly been a storeroom supervisor at Houston's Jefferson Davis Hospital, and he had been convicted of stealing 79,680 rolls of toilet paper. No one knew for sure what he'd done with the purloined paper.
3.2. Car thief in Holloway, north of London, got away with something special. Tucked away in the trunk of his car was a box containing 120 plastic earholes. They were plastic molds made for the Royal National Throat, Nose and Ear Hospital, to allow hearing aids to be tailor-made for patients. One can only imagine the thief trying to sell them on the open market: "Ere, buddy — wanna buy some plastic ear'oles?"
3.3. The day after winning $640,000 in Italy's national lottery,
Flavio Maestrini was arrested for stealing $400 from a shop.
Appearing in court, he explained that he didn't enjoy spending money unless it was stolen.
3.4. A Russian man arrived at his country retreat near
Arkhangelsk, Russia, on the White Sea and found the entire house stolen, complete with outhouses and fences, leaving just a vegetable patch. 3.5. Members of a British Rail cricket team turned up for the first match of the season at their field near Kidderminster, England.
The pavilion had disappeared. How one steals an eight-room building without anyone noticing remains a mystery.
3.6. Alan Omonde appeared in court in Uganda on the charge of stealing an old man's big edible rat. Omonde was given 12 strokes of the cane for stealing John Onyait's smoked rat, while Onyait lamented that he'd been deprived of his favourite dish. Omonde was also ordered to hunt down and trap five more edible rats as a fine payable to his elderly victim.
4. Escape Artists
4.1. Two prisoners tried to escape from an appearance at a court in Watford, England. Forgetting that they were handcuffed together, they ran on either side of a lamppost. Having hurtled into one another, the stunned pair was grabbed by the guard and bundled into a waiting prison van.
4.2. Relatives bribed a prison guard to smuggle a bunch of bananas to an inmate at Pecs, Hungary. Unfortunately the guard ran into the prison commander, and apparently unaware that there might be anything wrong with them, offered him his choice of the fruit.
Needless to say, the commander chose the wrong banana, bit into the metal file contained within, and had the guard up on charges.
Just English. Английский для юристов
Reader. Part V

4.3. A certain Mr. Jorgen appeared on a Danish TV quiz show and easily outclassed his opponents. He was just about to take off with nearly $700 and a vacation for two in Marbella, Spain, when the producer took him aside: it seemed security wanted a word.
Jorgen had been on the run for the previous 18 months, and his
TV-addict prison officer had recognised him.
4.4. Double murderer David Graham was only too obliging when prison officers in Florida asked him to try to escape so they could test a new tracking dog. They even gave him a 30-minute start. Graham did his part perfectly, but the dog didn't. Local police were called in to join the search, but Graham was long gone. A much better sniffer dog was employed at a jail in Mexico City, Mexico. It found Darren Brown hiding in a laundry van — which probably saved Brown a great deal of disappointment, as the laundry van's immediate destination was another prison.
4.5. Three imprisoned robbers broke out of a new jail in Aixen-
Provence, France by climbing ladders left behind by workmea The workers had been erecting wires intended to deter helicopter-aided escapes from the prison yard, but in preventing the high-tech breakouts, they seem to have forgotten all about the low-tech ones.
4.6. An unnamed man reportedly climbed the wall of
Chelmsford jail, in Essex, England, from the outside. He was carrying a rope with which he intended to haul his brother out.
The fellow lost his balance, fell into the jail, and was arrested as he staggered around the prison yard, dazed but unhurt.
5. Shop-Lifters
5.1. Steven Kemble was arrested in St. George, Utah, when he tried to flee after shoplifting a CD. After being briefly detained by a store clerk, he broke free, dashed out the door, and ran into a pillar in front of the shop, knocking himself unconscious.
5.2. Roy Philips Downfall was a colour fellow. Appearing in court on shoplifting charges, he wore a yellow parka, yellow shirt, yellow pants, and a yellow tie. It was a similar dress that drew him to the attention of the store detective at a supermarket in Oldham,
England, where everything he was after had a yellow connection: jellies, mustard, cheese, three pairs of socks, and two pairs of underpants. He was given a one-month suspended sentence.
5.3. In Johannesburg, South Africa, a shoplifter with a passion for cheese was caught for the sixth time after stealing gouda and cheddar. Cleopas Ntima told police he paid for his other groceries, but said 'voices' told him to take the cheese.
6. Robbers
6.1. Mr. Wazir Jiwi was the only clerk in a late night shop in
Houston, Texas, when he found himself looking at two pistols. "You don't need two," he told the bandit. "Why don't you sell me one of them?" The gunman named his price at $100; Jiwi handed over the cash and was given the gua As he placed it under the counter, he pushed the button that locked the shop door. They then agreed on the price for the other gun. The outlaw grabbed the second bundle of cash, put his other pistol on the counter, and tried to leave. When he found he could not get out, Jiwi told him to bring the money back and he would let him go. And he did let him go, presumably guessing that anyone that stupid would get arrested soon enough anyway.
6.2. An armed man in Groiningen, northern Holland, handed a shopkeeper a note demanding money. The man behind the counter took one look and then wrote his own terse reply: "Bug off" (or the nearest Dutch equivalent). And the gunman did, too, fleeing empty-handed. 6.3. When John Gregory came to trial, the tale that came out was one of high farce rather than high drama. Gregory and an accomplice had attempted to rob a video-shop in Feltham, England, but unfortunately they were so dense, they thought the shop's type­ writer was the cash register and ordered the manager, at gunpoint, to 'open it up'. Even after they'd spotted their mistake, they still managed to grab only five pounds before their shotgun went off accidentally, which scared them so much they fled, dropping the cash in the shop's doorway. The net return for the robbery was no money and 4 years' youth custody.
6.4. A robber armed with a sausage raided a shop in Graz, Austria, and escaped with 1,600 shillings. Storekeeper
Rudy Buckmeister was hit over the head with the ten-pound sausage.
"It felt like a baseball bat," he said.
Just English. Английский для юристов
Reader. Part V

6.5. Clive Bunyan burst into a store near Scarborough, England, brandishing a toy revolver and wearing a crash helmet and a mask. He got the shop clerk to hand over 250 pounds and fled outside to his motorcycle. However, he'd forgotten that written on his helmet in inch-high letters was "CLIVE BUNYAN — DRIVER". He was sentenced to 200 hours of community service.
7. Burglars
7.1. Having broken into a Hong Kong garment factory and found nothing worth stealing, burglar Yu Kin-Fong left a note saying: "Put some money here next time or I'll set fire to your factory. You make me do this for nothing. I can't even find 10 cents." He was tracked down and sentenced to 3 years.
7.2. Gloria Smile opened the door to find the reformed burglar in his twenties standing on her doorstep. Returning to the scene of his crimes in Westcliff, England, the young man said he had found
God, apologized to her and handed her a shopping bag containing a silver coffeepot, creamer, and sugar bowL Unfortunately' he'd gone to the wrong house; Ms. Smile hadn't been his victim.
7.3. Two burglars raiding the Browns family home in Coventry,
England got a little help from four-year-old Russell Brown. He got up to investigate when he heard a noise at 3 a.m., but the strangers he found in the darkened living room whispered that they were friends of his mommy and daddy who had come to borrow the stereo, VCR, and TV, but didn't want to disturb them because it was so late. Russell was delighted to help, and held the back door open for his visitors as they left with their haul, before going back upstairs to bed. The men were later arrested and the property recovered. 7.4. Two 78-year-old burglars were caught red-handed in a house in San Paolo, Brazil, when the occupants of the house returned unexpectedly. The one inside was too deaf to hear the warning of his accomplice outside, and the lookout man was not fit enough to escape.
7.5. Three burglars who broke into a cottage found nothing inside, literally. It was a front, held up by scaffolding and used by
BBC for filming a drama at Ewenny, Wales.
8. 'Miscellaneous' Crooks
8.1. In the Tasmanian town of Launceton, Don Desmond Davey was fined $1,600 for quacking like a duck on his radio transmitter.
He was convicted of broadcasting something that was not speech, and ordered to hand over his radio as well. Shortly before Barry
Brownless of London was fined 1,600 pounds for barking at a police dog. He was found guilty of using threatening behavior.
8.2. A man was arrested in Bangkok, Thailand, charged with impersonating a police officer. Using a stolen uniform, he had spent two months posing as a traffic cop in order to extort money from. motorists. He finally came unstuck when a senior officer passed by on an inspection tour and he saluted with the wrong hand.
8.3. Pickpocket Mario Palumbo thought he was going to have another good day at the races as he mingled with a 75,000-strong crowd in Monza, Italy. Unfortunately, his chosen victim turned out to be Pietro Fontana, who was not only a cop but the head of Milan's anti-pickpocket squad. Apparently known as the King of the
Pickpockets, Palumbo was said to have remarked on his arrest:
"When they hear of this in Naples, I will die of shame."
8.4. John Gilmer of Goole, England, was arrested for drunken driving but the police left him alone for a moment. Seizing his opportunity, he stole the car and drove off. He would probably have got away with it, driving along dark Yorkshire lanes, but for one thing: he had no idea how to turn off the patrol car's flashing blue light. The police simply followed the light and arrested him when he gave up and parked by a riverbank.
8.5. Unemployed David Morris, 21 from Beckenham in Kent,
England, was passing the time before a date with his girlfriend when he wrote a note reading "I have a gun in my pocket and I'll shoot it off unless you hand over the money". He then went into'three shops and passed the note over the counter. At the drugstore an assistant refused to accept the note because she thought it was an obscene suggestion. Next door in a hardware store a sales clerk shook his head and said he could not read English. Morris then went into a take-out restaurant, but the cashier couldn't read the note without his glasses. Morris asked for it back and hung around the street outside. Arrested soon afterward he told the police: "I've been a twit... I only pretended to have a gun." He was put on probation for two years.

Just English. Английский для юристов
9. Outrageous Lawsuits
9.1. A woman in Israel is suing a TV station and its weatherman for $1,000 after he predicted a sunny day and it rained. The woman claims the forecast caused her to leave home lightly dressed. As a result, she caught the flu, missed 4 days of work, spent $38 on medication and suffered stress.
9.2. A woman dropped some burglar bars on her foot. She claimed that her neighbour, who was helping her carry the bars, had caused the accident. The neighbour's insurance company offered to settle the dispute by paying her medical bills, but she refused.
She wanted more and sued for damages, including "pain and suffering." The jury took only 17 minutes to unanimously decide that the woman was fully responsible for her own injuries. The innocent neighbour had to pay $4,700 in defense costs. The two are no longer friends.
9.3. A jury awarded $178,000 in damages to a woman who sued her former fiance for breaking their seven-week engagement. The breakdown: $93,000 for pain & suffering; $60,000 for loss of income from her legal practice, and $25,000 for psychiatric counseling expenses. 9.4. Inmates at a county jail sued for cruel and unusual living conditions: bunk beds, cells lacking a sink and toilet, and no way to exercise in winter. These criminals were awarded $2 million dollars, paid by the taxpayers of Massachusetts. Each inmate who was a party to the suit got $10 tax-free, for each day he was jailed. Their award included damages plus 12 per cent interest from the time the case was settled until the time they collected their windfall.
9.5. John Carter, a New Jersey man sued McDonald's for injuries he sustained in an auto accident with one of their customers.
He claimed that the customer who hit him did so after spilling the contents of his chocolate shake (which he purchased from
McDonald's) onto his lap while reaching over for his fries. He alleged that McDonald's sold their customer food knowing he would consume it while driving and without announcing or affixing a warning to the effect "don't eat and drive." The court concluded that McDonald's had no duty to warn customers of obvious things which they should expect to know, but refused McDonald's request for attorney's fees stating that the plaintiff's attorney was "creative, imaginative and he shouldn't be penalised for that." This case was
Reader. Part V 243 in the court system for three years, underwent appellate court review and cost McDonald's over $10,000.
9.6. A woman was treated by a psychiatrist, became romantically involved with him, and subsequently married him.
After more than five years of marriage they divorced, at which time the woman sued her ex-husband for psychiatric malpractice and negligence claiming that the romantic or sexual relationship between them started before the formal psychiatric treatment ended.
She contended that her ex-husband had breached the standard of care as a psychiatrist by becoming romantically involved with her, and sought general, special and punitive damages.
9.7. A surfer recently sued another surfer for "taking his wave."
The case was ultimately dismissed because they were unable to put a price on "pain and suffering" endured by watching someone ride the wave that was "intended for you." \
9.8. A man sued a lemonade company for $10,000 for false advertising. He claimed that he suffered physical and mental injury and emotional- distress from the implicit promises in the advertisements. When he drank the beverage, success with women did not come true for him plus, he got sick. The Michigan Court of Appeals affirmed a lower-court decision dismissing the case:

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