TOMSK POLYTECHNIC UNIVERSITY
V.P. Anufrieva, O.V. Mikhailova
Political Setup of the USA and UK
Textbook
Tomsk Polytechnic University Publishing House
2008
UDC 802.0:801.3(075.8)
BBC Ш 143.21 – 923.4
A 73
A 73
Anufrieva V.P.
Political Setup of the USA and UK: Textbook / V.P. Anufrieva,
O.V. Mikhailova. – Tomsk: TPU Publishing House, 2008. – 149 p.
The overall goal of the proposed book is to raise the level of social and cultural
competence of the students of nonlinguistic departments of higher engineering
schools on such a topic as “Political Setup of the USA and UK”. The book focuses
on the communicative and learner-centered approach, and, is aimed at the
promotion of the oral speech skills.
The authentic texts, creative exercises and drills encourage students’ independent
thinking and analysis processes. The book is developed within the framework of
the FCE exam format.
UDC 802.0:801.3(075.8)
BBC Ш 143.21 – 923.4
Reviewers
Candidate of Philology,
Senior Teacher of Humanitarian, Social-economic
and Natural-science subjects Department
of Tomsk branch of Kuzbass Institute of Russia
M.A. Sidakova
Associate Professor of the English Language Department
of Tomsk Teachers’ Training University
N.I. Lisitsina
© Anufrieva V.P., Mikhailova O.V., 2008
© Tomsk Polytechnic University, 2008
© Design. Tomsk Polytechnic University
Publishing House, 2008
3
CONTENTS
POLITICAL SETUP OF THE USA AND UK
Vocabulary……………………………………….
US System of Government…………………….
Limited Government; Federalism……………..
Executive Branch……………………………….
Documents of Freedom………………………..
The Declaration…………………………………
Separation of Powers…………………………..
U.S. Independence Day………………………..
Organizing a new government…………………
The United States Map…………………………
The Bald Eagle………………………………….
Political Party System…………………………..
US Congress at Work…………………………..
8
11
12
13
16
17
18
20
21
26
27
28
29
THE UNITED KINGDOM
The Political System of the UK………………...
The House of Lords……………………………..
The House of Commons and the electoral
system……………………………………………
The monarchy……………………………………
The Dialogue “Election time in Great Britain”...
Image Matters……………………………………
The Party System……………………………….
Specialized Vocabulary…………………………
When a king and a pope quarreled …………..
The American - A New Man……………………
Achievement Test……………………………….
32
33
35
37
38
39
41
41
44
THE LEGAL SYSTEM
Vocabulary……………………………………….
The USA Judicial Branch……………………….
The legal system in the United States………...
The legal system in England and Wales……...
People in law cases……………………………..
Check yourself! …………………………………
Criminal law in England and Wales…………...
Criminal law in Northern Ireland……………….
46
51
52
53
53
56
57
57
4
31
32
Criminal law in Scotland……………………….. 57
Criminal law in the USA………………………... 58
CRIME AND PUNISHMENT
Crime……………………………………………..
The Police………………………………………..
Punishment………………………………………
The Death Penalty………………………………
Listening……………………………………...
Jury Reform……………………………………...
Points to ponder…………………………………
Parole…………………………………………….
JUVENILE DELINQUENCY
Vocabulary 1. Crime and Criminals…………...
Vocabulary 2. Words often Confused…………
Vocabulary 3. Some more Useful Vocabulary.
Vocabulary 4. Punishment……………………..
Witness Report………………………………….
Listening……………………………………..
The Purpose of State Punishment……………
Juvenile Delinquency…………………………..
Interview with David: Preventing Juvenile
Crime……………………………………………..
Peer Pressure………………………………
Listening……………………………………..
Young Crime Busters Win Praise……………..
Gang mayhem grips LA………………………..
Vocabulary 1: Expressions…………………….
Media, Violence, and Crime……………………
Exam Practice. Use of English………………...
The Criminal They Can’t Lock Up…………….
Exam Practice. Writing………………………….
Effective measures for counteracting
violence in our cities………………………
Test “Crime”……………………………………..
ADDITIONAL MATERIALS
Some Useful Legal Terms……………………..
5
60
61
61
63
64
64
65
67
69
71
72
74
75
77
80
81
84
86
89
90
92
96
98
98
100
102
103
107
109
Sweden Seeks New Trial………………………
US Keeps a Million People in its Jails………..
Беседа со специалистом по британскому
праву Ником Макайвером…………………….
An
Interview
with
Professor
Mikhail
Barshchevsky (Ph.D.)…………………………..
Legal Basics……………………………………..
Administration of Justice in the U.S.A. and the
UK…………………………………………………
Useful Words and Expressions………………..
Criminal Justice in the UK……………………...
Sentences for Translation………………………
Legal Carousel…………………………………..
Revision Exercises……………………………...
Texts and Interviews for Oral and or Sight
Translation……………………………………….
Interviews on Legal Matters……………………
Interview with N. Kovalyov, ex-Director of the
Federal Security Service (FSB)………………..
Translate into English…………………………..
110
112
113
115
116
118
120
121
122
123
125
127
128
130
132
KEYS and TAPESCRIPTS……………………. 135
6
INTRODUCTION
The book “Political Setup of the USA and UK” is designed specifically
for the students of nonlinguistic departments of higher engineering
schools to develop their fluency and confidence in using English.
The overall goal of the proposed book is to provide the students with
authentic educational materials to make the teaching process of the
academic discipline “The English Language. Basic Course” more
effective.
The methodological concept of the workbook assumes that both
speaking and cognition are inseparably linked and that link stipulates
an appropriate and systematic progress in order to create a multiple
approach in learning English. Therefore, the book provides, on the
one hand, a vast amount of information and, on the other hand,
various ways of developing and building up oral speech skills on the
basis of this information.
Improvement of language skills is closely connected with social and
cultural competence. So, the workbook offers a variety of original texts
and activities which will genuinely engage students’ interest and
encourage them to share their personal opinions. The activities enable
students to reflect on their own life experience and cultural knowledge
about the USA and UK and develop their ability to express the ideas
confidently and fluently.
The book has three parts:
political setup of the USA and UK (the legislative, executive, and
legal branches, the state policy, the party system);
the legal branch (civil and criminal law, citizens’ rights and duties,
courts);
law and order (crime and punishment, juvenile delinquency).
The authentic texts, creative exercises and drills, often presented in
the form of charts and graphs, encourage students’ independent
thinking and analysis processes and stimulate cross-cultural
7
comparisons.
The book is based on the communicative and learner-centered
approach. It uses modern techniques and procedures in teaching the
English language in different types of higher engineering training.
The workbook complies with the requirements of the FCE exam
format.
8
POLITICAL SETUP OF
THE USA AND UK
Vocabulary
лежать, располагаться
разделять, делить
1
to lie (lay, lain)
2
to divide … into
Cpaвнитe:
They divided the consignment into three parts.
Both parties shared the publicity expenses.
3
4
составлять
состоять из
состав
to make up
to be made up of
make-up
e.g. make-up of a delegation
5
branch
6
7
judicial
secretary
1. отделение
2.политическая власть (Ам)
судебный, юридический
министр (Ам)
8
term of office
срок полномочий
9
9
to run for
баллотироваться, выставлять
e.g. He ran for President a second time.
10
to campaign
вести кампанию
e.g. He successfully campaigned against the Republican candidate.
11
12
to entitle
to be entitled to
давать право
иметь право на
e.g. to be entitled to privileges - иметь право на привилегии
13
to vest with/in
14
the Upper House
(Chamber)
облекать (властью); возлагать
(обязанности)
верхняя палата
e.g. Senate ['senit] is the Upper House of the US Congress
15
16
17
18
the Lower House
(Chamber)
the House of Commons
the House of Lords
the authority of
Parliament
нижняя палата
палата общин (Англия)
палата лордов (Англия)
власть (полномочия) парламента
Peculiar American Words
1
2
3
Founding Fathers
constitutional amendment
constitutionality
4
5
6
7
legislative power
executive power
judicial power
checks and balances
8
gag law
9
10
11
12
right to counsel
House of Representatives
Grand Old Party
majority leader
ист. «отцы-основатели» (США)
поправка к конституции
конституционность, соответствие с
конституцией
законодательная власть
исполнительная власть
судебная власть
«сдерживающие и
уравновешивающие» функции
высших органов государственной
власти (США)
закон, ограничивающий свободу
слова
право на защиту
палата представителей (конгресса)
вскопарн. Республиканская партия
лидер фракции большинства (в
10
13
minority leader
14
whip
15
16
17
18
state governor
state legislature
interstate compacts
county
19
the Senate
конгрессе)
лидер фракции меньшинства (в
конгрессе)
парламентский партийный
организатор фракции в конгрессе
губернатор штата
законодательное собрание штата
соглашения между штатами
округ (единица адм. деления в
США)
сенат конгресса США
Notes:
Артикль отсутствует перед существительными, обозначающими
должность или звание, когда они употребляются после глаголов
to elect, to appoint.
e.g.He was elected President. He was appointed Prime Minister.
Remember the phrases:
election returns, election results
результаты выборов
to elect a new parliament for a term избрать новый парламент на
четырехлетний срок
to be elected on the basis of быть избранным на основе
universal, equal and direct suffrage всеобщего, равного и прямого
избирательного права при тайном
by secret ballot
голосовании
electiveness of all bodies of state выборность
всех
органов
authority
государственной власти
vote, poll [poul]
голосование
vote
голос
to vote = poll (for, against)
голосовать (за, против):
e.g. The candidates polled 99.93 per cent of the vote.
Кандидаты получили 99.93 процента голосов.
to go to the polls
участвовать в выборах
to be put to a popular vote ставить
на
всенародное
(referendum)
голосование
11
Ex.1. Read, look up and say:
Parliament, Congress, Senate, ministry, administration, cabinet,
organization, public organizations, imperialism, capitalism, politics,
democracy, system, principle, exploitation, crisis, bourgeoisie, deputy,
minister, premier, senator, congressman, chancellor, politician, official.
Read the text:
US SYSTEM OF GOVERNMENT
Form of Government
“The legitimate object of government is to do for a
community of people whatever they need to have done but
cannot do at all, or cannot so well do for themselves in their
separate and individual capacities. But in all that people
can individually do for themselves, government ought not
to interfere”.
Abraham Lincoln,1854
Governments serve several major purposes for the state: 1) to
maintain social order; 2) to provide public services; 3) to provide for
national security and common defense; 4) to provide for and control
the economic system.
In carrying out these tasks, governments must make decisions that
are binding on all citizens of the state. Government has the authority
to require all individuals to obey these decisions and the power to
punish those who do not obey them.
The United States is a representative democracy. All government
power rests ultimately with the people, who direct policies by voting for
government representatives.
The nation's constitution defines the powers of national and state
governments, the functions and framework of each branch of
12
government, and the rights of individual citizens. All public officials of
the national as well as state governments must swear to abide by the
Constitution, which was created to protect the democratic interests of
the people and government.
LIMITED GOVERNMENT
The principle of limited government is basic to the Constitution. When
the Constitution was first written more than two hundred years ago,
many Americans feared that government power could become
concentrated in the hands of a few. Several features were created to
guard against that possibility:
1) the federal organization of government;
2) the separation of powers among different branches of
government; and
3) a system of checks and balances to restrict the powers of
each branch.
FEDERALISM
Under federalism, the principle of
limited government was achieved
by dividing authority between the
central government and the
individual states. The federal
(national) government has powers
over areas of wide concern. For
example, it has the power to
control communications among
states, borrow money, provide for
the national defense, and declare
war.
The states possess those powers
which are not given to the national
government.
For
13
example,
each
state
establishes its own criminal justice system, public schools, and
marriage and divorce laws.
The United States is a federal union of 50 states plus one independent
district - the District of Columbia. Forty nine states, including Alaska,
form the continental United States. The 50th state is separated from
the continental part: it is the state of Hawaii - a group of islands
situated in the mid Pacific Ocean.
The District of Columbia is the territory of the city of Washington, the
national capital. Washington, D.C. is between two states: Virginia and
Maryland and is situated on the Potomac River, which divides the city
into two parts. This place was selected personally by the first
President of the United States - George Washington. In 1891 he
ordered to purchase the land from private owners.
Washington, D.C. is the seat of the Federal Government of the United
States. The Federal Government is made up of three branches - the
Executive, the Legislative and the Judicial branch.
EXECUTIVE BRANCH
The function of the
Executive Branch is to
carry out the laws of the
nation. It consists of the
President, Vice-President
and
the
President's
Cabinet. The members of
the Cabinet are chosen by
the President. Most of
them
are
called
Secretaries: the Secretary of State, Agriculture, Labour,
Transportation, etc. The President and Vice-President are chosen in a
national election for a four-year term of office and may be reelected for
a second time. They must be native-born citizens, at least 35 years
old and members of a political party.
The executive branch of government is responsible for administering
the laws passed by Congress. The president of the United States
presides over the executive branch. He is elected to a four-year term
14
and can be re-elected to a second term. The vice-president, who is
elected with the president, is assigned only two constitutional duties.
The first is to preside over the Senate. The second duty is to assume
the presidency if the president dies, becomes disabled, or is removed
from office.
As head of state, the president represents the country abroad,
entertains foreign leaders, and addresses the public. As director of
foreign policy, he appoints foreign ambassadors and makes treaties
with other nations. The president also serves as commander-in-chief
of the armed forces and as head of his political party.
In the United States, the president and legislature are elected
separately, housed separately, and they operate separately. This
division is a unique feature of the American system. In the
parliamentary systems that operate in most western democracies, the
national leader, or prime minister, is chosen by the parliament.
From the first political rally to Inauguration Day running for President is
a long and complicated process. In choosing a President the ordinary
voter has little to say until Election Day. Here is a simple outline of
how an American president is chosen.
First a candidate campaigns within his party to win his party's
nomination. Then follows a period when he runs against the
candidates of the other major party and perhaps, a third and a fourth
party. The showdown comes in November - on Election Day. The
President is not elected directly then. Voters in each state vote for
electors. This system was introduced by the Constitution of the USA in
1787. Now this is only a formality. When in November the final
election results are in, the entire country knows who the next
President and Vice-President will be, although the outcome must still
be formalized, and the candidates must win a majority of the electoral
votes in December. Except in rare cases, the electoral choice is the
same as the popular choice. Finally on Inauguration Day on the 20th
of January the new President is sworn in and he makes his
Inauguration speech.
The Legislative Branch, Congress, is where the laws are made and
adopted. Congress is made up of two houses: the Senate and the
House of Representatives. There are 100 Senators elected, two from
15
each of the 50 states, regardless of their population. They are elected
for 6 years and only one third retire in rotation. The members of the
House of Representatives are elected for only 2 years and their
number in Congress depends upon the state's population.
Make up a report about the most prominent presidents of
America:
a) George Washington
b) Abraham Lincoln
c) John Kennedy
Watch out!
Words often confused:
policy, politics
Когда бы они ни встретились,
они всегда говорят о политике.
Писатели не могут стоять в
стороне от политики.
Whenever they meet they always
talk politics.
Writers can’t keep out of politics.
Честность - лучшая политика.
Honesty is the best policy.
company, campaign
Он человек компанейский.
Не is good company.
Он собирался составить нам
компанию.
Не wanted to keep us company.
Зимняя кампания 1942 года
решила исход войны.
The winter campaign of 1942
determined the outcome of the
war.
The election campaign is over.
Избирательная кампания
закончена.
16
THEY LOOK OLD AND FEEL OLD!
Authentic reproductions of the originals in the National Archives,
Washington D.C.
Documents of Freedom
Authentic reproductions on Antiqued Parchment
(see Mediateka’s resources)
Declaration of Independence
Constitution of the United States
(Four sheets, entire text legible)
Bill of Rights
Watch the videofilm “Presidents Homes” (see Mediateka’s
resources) and make up a report:
a) The contribution made by Franklin Delano Roosevelt into the
victory over Nazism.
b) Why did George Washington get the title “Father of his country”
alone among the Founders of the United States?
17
THE DECLARATION OF INDEPENDENCE,
July 4, 1776
18
SEPARATION OF POWERS AND CHECKS AND
BALANCES
By dividing power among the three branches of government, the
Constitution effectively ensures that government power will not be
usurped by a small powerful group or a few leaders.
The basic framework of American government is described in the
Constitution. However, there are other features of the political system,
not mentioned in the Constitution, which directly and indirectly
influence American politics.
Groups and individuals have a variety of ways they can exert pressure
and try to influence government policy. Many people write letters to
elected officials expressing their approval or disapproval of a political
decision. People sometimes circulate petitions or write letters to
19
editors of newspapers and magazines trying to influence politicians.
Organized interest groups, however, can generally exert influence
much more effectively than can do isolated individuals.
Ex.1. Say what information the texts give about:
1.
2.
3.
4.
5.
6.
7.
the kind of power in the USA;
the capital of the USA;
the Executive branch of the US government;
the Legislative branch of the US government;
the Judicial branch of the US government;
electing president of the USA;
the State government.
Ex.2. Choose one of the verbs given below and use it in the
passive voice and the necessary tense-form:
To own, to elect, to plan, to add, to hold, to appoint, to establish, to
break, to follow, to be situated, to construct
1. Elections in the United States … with great interest. Presidential
elections … every four years. Many people work under the
president but they … (not). Members of his cabinet … .
2. George Washington, the first president of the United States, … in
1789. He served eight years, or two terms, as president. Then he
decided not to run again. The custom … at that time for a president
to serve no more than two terms. It was not until Franklin D.
Roosevelt … to a third and fourth term that this custom … .
3. Mount Vernon is the name of the estate where George
Washington lived. The house … not far from Washington, D.C., on
the Potomac River. No one knows exactly when the main part …
but it … for many generations by the Washington family before
George Washington inherited it. More sections … and … later by
George Washington. Some of the furniture of the house is original.
20
George Washington,
the first American President under the American Constitution
(1789–1797)
Ex.3. Replace the infinitives in brackets by the appropriate tenses
in the required voice:
THE FOURTH OF JULY – U.S. INDEPENDENCE DAY
On July 4, 1776 when the American colonies (to fight) a war against
England, the Continental Congress (to adopt) a resolution which (to
come) to be known as the Declaration of Independence. The
resolution (to write) by Thomas Jefferson (1743-1828), the leader of
the democratic wing of the American bourgeoisie.
In fact, the Declaration of Independence (to be) a letter from the
Continental Congress to the king of Great Britain. Thomas Jefferson
(to write) to the king that the people in America (not to want) to pay
taxes if they (not to allow) to decide how to spend the taxes. The letter
(to declare) that the people in America (to want) to be free and
independent of England from that time on. So the letter (to call) the
Declaration of Independence.
The Declaration of Independence (to be) an important document
which (to have) a decisive influence on the development of the
American Revolution.
Ex.4. Put questions to the italicized parts of the sentences:
1. The British King Henry VII gave the Italian John Cabot only
fifty dollars for discovering North America.
21
2. In 1629 the British took Canada from the French.
3. However, Charles I King of England owed the French king
$240 000.
4. So he returned Canada to France to pay the debt.
Remember these phrases:
Миpовое общественное мнение
Все человечество
World public opinion
All mankind or
The whole of mankind
A number of American planes.
Несколько американских
самолетов
Группа японских политиков
День Победы
День Независимости
A group of Japanese politicians
Victory Day
Independence Day
Use the Subjunctive after these verbs:
Они требуют положить конец этой грязной войне.
They demand that an end (should) be put to the filthy war.
Они настаивали на том, чтобы мы пересмотрели решение.
They insisted that we should revise the decision.
В случае если он придет, попросите его подождать.
In case he comes tell him to wait.
Organizing a new government
I. Context Clues: Write the vocabulary word or phrase that would
best replace the words in bold below.
central government
citizen
1
2
confederation
convention
electors
ratify
Two thirds of the Senate must approve or
give its consent to a treaty before it is
binding on the United States.
In the early elections, the people who
22
treason
treaty
________________
3
4
5
6
elected the president were chosen by the
state legislatures or by state conventions.
It was difficult for the government under
the Articles of Confederation to make an
official agreement between nations
because the central government had so
little power.
In order to vote, one must be a member,
native or naturalized, of a state or
nation.
A formal meeting of delegates and
representatives was held to revise the
Articles of Confederation.
The government under the loose alliance
of states did succeed in passing the Land
Ordinance of 1785 and the Northwest
Ordinance.
________________
________________
________________
________________
________________
II. Related Words: Fill in each blank below with the vocabulary word
or phrase that has the stated relationship with the word(s) given.
central government
delegate
democracy
elastic clause
Example: concurrent
enumerated
law
ratify
section
tariff
related to powers in the
constitution
1. ordinance_______________________ defines the word
2. enumerated powers ______________
gives Congress authority
to act in the Constitution
3. township_______________________
divisions of government
land under the Land Act
of 1785
23
4. convention ____________________
makes up membership
5.representative government _________
government of the
people
6. paper money ___________________
made interstate trade
difficult
7. federal government ______________
the political authority for
all the United States
III. Context Clues: A nonsense word is used in place of a vocabulary
word in each paragraph below. Read the entire paragraph and fill in
the correct vocabulary word.
elector
federal
ordinance
ratify
speculator
survey
treason
unanimous
1.
The only crime mentioned in the United States Constitution is
MIXSQ. This is a very serious crime and requires two witnesses of the
same overt act. Writers of the Constitution were concerned that
citizens would be accused of MIXSQ unjustly; therefore, they carefully
defined what constitutes MIXSQ. MIXSQ is defined as levying war
against the Union or helping its enemies. Any attempt to overthrow the
government
would
be
considered
MIXSQ.
MIXSQ
is_________________.
2.
A WRYLU is a type of gambler. He or she purchases an item
24
hoping its value will increase and then sells it. The WRYLU never
intends to use or cultivate the item personally. It is a financial
investment in which the WRYLU predicts future growth, development,
demands, etc. Sometimes the WRYLU becomes very wealthy, but
sometimes he or she guesses wrong and loses money. A WRYLU is
a_______________.
3.
DRO means all in agreement. It is very difficult to get DRO
decisions in any group. Even in this class, it would probably be difficult
to be DRO on many topics. Therefore, a requirement to have DRO
approval restricts action that might be taken.
DRO is ________________.
4.
The dictionary definition of CVAM is to determine the form,
boundaries, position, or extent of a part of the earth's surface by linear
and angular measurements. CVAM of government land had to be
done before the land could be sold. We still CVAM land to be sure of
our boundaries and to know our exact property lines. CVAM
is__________________.
IV. Critical Thinking: Using one of the above vocabulary words not
selected in Exercise III, write your own paragraph giving clues and
using a nonsense word.
ORGANIZING A NEW GOVERNMENT
V. Structured Overview: Using the following vocabulary words, fill in
the structured overview.
central
(government)
citizen
concurrent powers
elastic (clause)
ordinance
township
elector
enumerated powers
treaty
confederation
convention
federal
interstate (trade)
paper money
representative
(government)
section
tariff
25
DEMOCRACY
__________________ government
central government
Articles of __________________________
Land ______________________ of 1785
_________________
problems
__________trade
delegates
_________________
_________________
_____________
_________________
drew up Constitution
provided powers
_______________________
_______________________
__________________ clause
president elected by _______________________
26
THE UNITED STATES MAP
The 50 States in the Order of Their Admittance to the Union
Delaware
1787*
Louisiana
1812
West Virginia
1863
Pennsylvania
1787*
Indiana
1816
Nevada
1864
New Jersey
1787*
Mississippi
1816
Nebraska
1867
Georgia
1788*
Illinois
1818
Colorado
1876
Connecticut
Massachusetts
1788*
1788*
Alabama
Maine
1819
1820
North Dakota
South Dakota
1889
1889
Maryland
1788*
Missouri
1821
Montana
1889
South Carolina
1788*
Arkansas
1836
Washington
1889
New Hampshire
Virginia
1788*
1788*
Michigan
Florida
1837
1845
Idaho
Wyoming
1890
1890
New York
1788*
Texas
1845
Utah
1896
1789*
1790*
1791
1792
1796
1803
Iowa
Wisconsin
1846
1848
Oklahoma
New Mexico
1907
1912
California
Minnesota
Oregon
Kansas
1850
1858
1859
1861
Arizona
Alaska
Hawaii
1912
1959
1959
North Carolina
Rhode Island
Vermont
Kentucky
Tennessee
Ohio
* Year in which state ratified Constitution
27
Read the text:
THE BALD EAGLE
In 1782, soon after the United
States won its independence,
the bald eagle was chosen as
the national bird of the new
country. American leaders
wanted the eagle to be a
symbol of their country
because it is а bird of strength
and courage. They chose the
bald eagle because it was
found all over North America
and only in North America.
Today, a little over 200 years
later, the bald eagle has almost disappeared from the country. In 1972
there were only 3,000 bald eagles in the entire United States. The
reason for the bird's decreasing population was pollution, especially
pollution of the rivers by pesticides. Pesticides are chemicals used to
kill insects and other animals that attack and destroy crops.
Unfortunately, rain often washes pesticides into rivers. Pesticides
pollute the rivers and poison the fish. Eagles eat these fish and then
the eggs eagles lay are not healthy. The eggs have very thin shells
and do not hatch. Eagles lay only two or three eggs a year. Because
many of the eggs did not hatch the number of eagles quickly became
smaller.
Today, the American government and the American people are trying
to protect the bald eagle. The number of bald eagles is slowly
increasing. It now appears that the American national bird will survive,
and remain a symbol of strength and courage.
1. Why do you think the bald eagle became a symbol of
America?
2. What is the symbol of Russia? Describe it.
28
POLITICAL PARTY SYSTEM
Historically, three features have characterized the party system in the
United States:
1) two major parties alternating in power;
2) lack of ideology;
3) lack of unity and party discipline.
Two – party system
The United States has had only two major parties throughout its
history. When the nation was founded, two political groupings
emerged - the Federalists and Anti - Federalists. Since then, two
major parties have alternated in power.
For over one hundred years, America's two-party system has been
dominated by the Democratic and Republican Parties. Neither party,
however, has ever completely dominated American politics. On the
national level, the majority party in Congress has not always been the
same as the party of the president. Even in years when one party
dominated national politics, the other party retained much support at
state or local levels. Thus, the balance between the Democrats and
Republicans has shifted back and forth.
Ex.2. Give your viewpoints:
1. There is a great difference in the political platforms of the
Democratic and Republican parties in the USA.
2. Public opinion plays an important part in the political life of
any country.
Do not mix up these words:
retire, resign
Он еще слишком молод, чтобы
уходить на пенсию (совсем
бросать работу).
He is too young to retire.
29
Он - офицер в отставке.
Не is a retired officer.
Премьер-министр
ушел
в The Prime - Minister resigned
отставку (ушел с занимаемого after the Suez crisis.
поста) после Суэцкого кризиса.
Правительство подало в
отставку.
The government resigned.
affair, matter, business, case
Это дело вкуса (времени,
нескольких минут, жизни и
смерти и т. п.).
Я никогда не обсуждаю с ним
денежные дела, личные дела,
внутренние дела
It's a matter of taste (time, a few
minutes, life and death, etc).
по делу
on business
по – деловому
in a business-like way
деловой разговор
a business talk
I never discuss money matters,
private affairs, home affairs with
him.
(Судебное) дело против него The case
dismissed.
было прекращено.
against
him
was
Дело (в суде) будет слушаться The case will be heard tomorrow.
завтра.
Это очень тяжелый случай.
It is a grave case.
Read the text:
US CONGRESS AT WORK
In the House of Representatives the presiding officer is the Speaker
who is elected by the members and is always a member of the
30
majority party in the House. The Speaker is first in the line to become
the President in case of the death of both President and VicePresident. Although the name is taken from British English, the
character of the post is not the same. The House of Commons
chooses the Speaker only as a presiding officer to conduct debates.
Once a man becomes a Speaker, he is usually reappointed to his
office in each new Parliament, even if the majority in the House has
changed, until he wishes to retire. When he does retire he goes to the
House of Lords. In the United States Congress the Speaker plays a
very important role in party politics. He appoints members of
Congressional Committees, for example, to work on the bills or to
settle disputes between the House of Representatives and the
Senate. The decision on some of the most important issues may
therefore depend on who is chosen by the Speaker or participate in
the committees. The Speaker also decides who is to speak from the
floor.
Many people imagine that most of the work of the Congress is actually
done on the House of Representatives or Senate floors. Tourists who
visit Washington and go to watch the Senate or the House of
Representatives from galleries are usually surprised at the scene on
the floor. When someone is making a speech, most of the members
who are present are reading or walking about, talking with one
another. A few are listening to the speaker, sometimes agreeing with
him, but more often not. Then a bell rings throughout the Capitol and
the office buildings and the members soon come crowding in to
answer to their names for a vote. The main work of the Congress is
done not on the floor but in Committees. The Congressional Houses
have a system of Committees - 16 in the Senate and 20 in the House
of Representatives. Every bill is worked out there. Special committees
hold hearings on different issues, some of them open and others
secret, depending on the subject matter.
Say what information the text gives about:
1.
the role of the Speaker in the House of Representatives;
2.
the role of the Speaker in the House of Commons;
3.
the way the debates are held in the US Congress;
4.
the role of the Congressional committees.
31
Think and answer:
What makes the American Speaker a powerful figure in American
politics?
Read the text:
THE POLITICAL SYSTEM OF THE UK
Wedding photograph of Queen Elizabeth II and Prince Philip,
Duke of Edinburgh.
From “The Pictorial Life Story of Our Young Queen”.
Glenbow Collection
The
United
Kingdom
is
a
constitutional monarchy. This means
that it has a monarch (a king or a
queen) as its Head of State. The
monarch has very little power and
can only reign with the support of
Parliament. Parliament consists of
two chambers known as the House
of Commons and the House of Lords.
Parliament and the monarch have
different roles in the government of
the country, and they only meet
together on symbolic occasions such
as the coronation of a new monarch
or the opening of Parliament. In
reality, the House of Commons is the
only one of the three which has true
power. It is here that new bills are introduced and debated. If the
majority of the members are in favour of a bill it goes to the House of
Lords to be debated and finally to the monarch to be signed. Only then
does it become law. Although a bill must be supported by all three
bodies, the House of Lords only has limited powers, and the monarch
has not refused to sign one since the modern political system began
over 200 years ago.
32
THE HOUSE OF LORDS
The House of Lords has more than 1,000
members, although only about 250 take an
active part in the work of the House. There
are 26 Anglican bishops, 950 hereditary
peers, 11 judges and 185 life peers, and
unlike MPs they do not receive a salary. They
debate a bill after it has been passed by the
House of Commons. Changes may be
recommended, and agreement between the
two Houses is reached by negotiation. The
Lords' main power consists of being able to
delay non-financial bills for a period of a year,
but they can also introduce certain types of
bill. The House of Lords is the only non-elected second chamber
among all the democracies in the world, and some people in Britain
would like to abolish it.
The House of Commons and the electoral system
The House of Commons is made up of
650 elected members, known as
Members of Parliament (abbreviated to
MPs), each of whom represents an
area (or constituency) of the United
Kingdom. They are elected either at a
general election, or at a by - election
following the death or retirement of an
МР. The election campaign usually
lasts about three weeks. Everyone over
the age of 18 can vote in an election,
which is decided on a simple majority - the candidate with the most
votes wins. Under this system, an MP who wins by a small number of
votes may have more votes against him (that is, for the other
candidates) than for him. This is a very simple system, but many
people think that it is unfair because the wishes of those who voted for
the unsuccessful candidates are not represented at all. Parliamentary
elections must be held every five years at the latest, but the Prime
Minister can decide on the exact date within those five years.
33
The British democratic system depends on political parties and there
has been a party system of some kind since the 17th century. The
political parties choose candidates in elections (there are sometimes
independent candidates, but they are rarely elected). The Party which
wins the majority of seats forms the Government and its leader usually
becomes Prime Minister. The largest minority party becomes the
Opposition.
In doing so it accepts the right of the majority party to run the country,
while the majority party accepts the right of the minority party to
criticize it. Without this agreement between the political parties, the
British parliamentary system would break down. The Prime Minister
chooses about twenty MPs from his or her party to become Cabinet
Ministers. Each minister is responsible for a particular area of
government, and for a Civil Service department. For example, the
Minister of Defense is responsible for defense policy and the armed
forces, the Chancellor of the Exchequer for financial policy, and the
Home Secretary for, among other things, law and order and
immigration.
The monarchy
The powers of the monarch are not defined
precisely. Theoretically every act of
government is done in the queen’s name every letter sent out by a government
department is marked “On her Majesty’s
Service”- and she appoints all the
ministers, including the Prime Minister.
Political stability owes much to the monarchy. Today the Queen is not
only head of state, but also an important symbol of national unity. The
royal title in Britain is: “Elizabeth the Second, by the Grace of God of
the United Kingdom of Great Britain and Northern Ireland and of her
other Realms and Territories Queen, Head of the Commonwealth,
Defender of the Faith”.
In law the Queen is head of the executive branch, an integral part of
the legislature, head of the judiciary, the commander-in-chief of all the
armed forces of the Crown and the “supreme governor” of the
established Church of England.
34
As a result of a long process of evolution the monarchy’s absolute
power has been progressively reduced, and now, the Queen is
impartial; everything is done on the advice of the elected Government,
and the monarch takes no part in the decision-making process.
The Queen and the royal family continue to take part in many
traditional ceremonies. Their visits to different parts of Britain and to
many other countries attract considerable interest and publicity, and
they are closely involved in the work of many charities.
Ex.1. Say what information the text gives about:
1.
the political system of the UK;
2.
the party system of Great Britain
3.
the powers of the monarch
Ex.2. Supply the prepositions where necessary:
1.
The conservative Party candidates were campaigning …
the entry of Great Britain into the Common Market, while the
Labour members were campaigning … it.
2.
The British Prime Minister lives and works … his official
residence, №10 Downing Street, a very short distance from the
Houses of Parliament.
3.
The Government cannot spend any money … the
permission … the House of Commons.
Ex.3. Supply the articles where necessary:
1.
There is a great contest between … Labour Party and …
Conservative Party during … General Election campaign.
2.
… Prime Minister and other ministers in Great Britain form
… Cabinet.
3.
There are two major parties in the USA - … Democratic
Party and … Republican Party.
4.
… Election Day in England is not a public day.
5.
… two Houses of Parliament, … House of Lords and …
House of Commons, occupy the same building, … Palace of
Westminster.
35
Talking point:
Some people think that the monarchy should be abolished because it
has no power and it costs the State a lot of money to maintain. How
useful do you think the monarchy is in Britain today?
Read the dialogue:
There is considerable excitement in town at election time in Great
Britain. But for candidates it is really a hard time – time of worries,
rivalry, and fatigue. Mr. Jones meets his friend Mr. Smith who has just
been elected to Parliament.
Mr. Jones:
Congratulations, old boy. I see you got in.
Mr. Smith:
Thanks, I can now write M.P. after my name. But I
never thought that an election took so much out of a
candidate.
Mr. Jones:
Well, you can take it easy now until Parliament meets.
Mr. Smith:
Now I can tell you it wasn't an easy victory. We had to
put in plenty of hard work. I addressed two meetings a
day for more than a fortnight and my assistants
addressed others. We handed thousands of handbills
to passers-by in the street. I had dozens of helpers in
the office writing letters and addressing envelopes.
Mr. Jones:
Who paid for all that?
Mr. Smith:
I did for some of it. The party helped me to some
extent. You know each candidate is entitled to spend
only a certain amount. At the end of an election he has
to send in an account of all his expenses: that is the
law.
Mr. Jones:
Well, I shall look forward to reading your maiden
speech, the first speech you make as a new member of
Parliament.
36
Mr. Smith:
Mr. Jones:
I'm not looking forward to it. I feel quite terrified about it.
Getting up in the House and making your first speech
must be an awful business. I'd rather have two teeth
out.
Come on! Everything is going to be all right. You’ll
probably be a minister before long, in the Cabinet.
Mr. Smith:
I doubt it. There are many members, but few ministers.
Mr. Jones:
Well, the best of luck, old man.
Notes:
rivalry – соперничество
fatigue – усталость
handbill – рекламный листок
Ex.1. Say what Mr. Smith told Mr. Jones about:
1.
2.
3.
4.
his experience in the Parliamentary election;
the speeches he had to make;
the financial arrangement for the election campaign;
his forthcoming maiden speech.
Ex.2. Act out the dialogue
Ex.3. Think and answer:
1.
Is Mr. Smith a very experienced politician? Prove your
point. Why doesn’t Mr. Jones envy his friend?
2.
Are laws adopted by the Executive or the Legislative
Branch?
3.
Which body adopts laws in the USA, Great Britain and
Russia?
4.
How many candidates ran for President in the last
presidential election in the USA?
5.
What resolutions have been recently adopted by the
European Parliament?
6.
Are members of Parliament in Britain entitled to any
privileges?
7.
What about Russia?
37
Do you know that …
Some interesting examples of the differences between British and American
English are found among the words referring to government and politics. For
example, in Great Britain a candidate stands for office, in the United States
he runs. In Britain the Cabinet is composed of ministers; the US Cabinet is
made up of secretaries. The British legislature is Parliament; the United
States legislative body is Congress. In Britain the party out of power is the
opposition; in the USA it is the minority party. What Americans call a vote in
Congress is called a division in the British legislature.
Say what information the text gives about the difference in terms,
used in American and British English, to describe government and
politics.
Text for reading and discussion:
IMAGE MATTERS
In the age of television, the importance of the personal image of a
party's leader to its political success has increased greatly. Since
1960 a great change has taken place with regard to the families of top
politicians. Before then, the British public did not even know the name
of the Prime Minister's wife.
These days, the wives of male party leaders are well-known to the
media, and their children are often featured with them in photographs
to show what loving, normal family men they are.
The British scene has not reached the level of absurdity that it has in
the USA, where, for example, the daughter of Jimmy Carter (President
1975 - 79) was such a celebrity that the press once thought it
worthwhile to report that she had been twelve minutes late for school!
Can we call television an important instrument shaping public
opinion? Share your ideas.
38
Read the text:
THE PARTY SYSTEM
Britain is normally described as having a “two – party system”. This is
because, since 1945, one of the two big parties has, by itself,
controlled the government, and members of these two parties have
occupied more than 90% of all the seats in the House of Commons.
Moreover, this is not a peculiarly modern phenomenon. Basically the
same situation existed throughout the nineteenth century, except that
the Liberals, rather than Labour party was formed at the beginning of
the twentieth century and within about thirty years had replaced the
Liberals in that role.
British parties were first formed inside Parliament, and were only later
extended to the public at large. During the eighteenth century
Members of Parliament tended to divide themselves into two camps,
those who usually supported the government of the time and those,
who usually did not. During the nineteenth century it gradually became
the habit that the party which did not control the government
presented itself as an alternative government. This idea of an
alternative government has received legal recognition. The leader of
the second biggest party in the House of Commons (or, more exactly,
of the biggest party which is not in government) receives the title
“Leader of Her Majesty's Opposition” and even gets a salary to prove
the importance of this role. He or she chooses a “shadow cabinet”,
thereby presenting the image of a team ready to fill the shoes of the
government at a moment's notice.
As a result of these origins, neither party existed solely to look after
the interests of one particular group (although some groups in society
were naturally more attracted to one of the two parties than the other).
Furthermore, although they could be distinguished by certain broad
differences in their outlooks on life, the two parties did not exist to
promote single, coherent political philosophies. The main reason for
their existence was to gain power by forming effective coalitions of
interest-groups and individuals.
Although the Labour party was formed outside Parliament, and, as its
name implies, did exist to promote the interests of a particular group
(the working class), it soon fitted into the established framework.
39
It is very difficult for smaller parties to challenge the dominance of the
bigger ones. If any of them seem to have some good ideas, these
ideas tend to be adopted by one of the three biggest parties, who all
try to appeal to as large section of the population as possible.
The fact that party system originated inside Parliament has other
consequences. Parties do not, as they do in many other countries,
extend into every area of public and social life in the country.
Why is Britain described as having a “two-party system”?
Specialized Vocabulary:
Underline each possible meaning once. Circle the letter next to the
meaning that would be associated with the Constitution.
1
amendment
A. improving or bettering of something
B. a change proposed in a bill or law
C. correcting an error or mistake
2
article
A. one section of a written document
B. a story in a magazine
C. a part of speech
3
cabinet
A. a case with shelves or drawers to hold small
items
B. a private meeting in a private council room
C. a group of official advisers to the chief
executive
4
congress
A. any assembly
B. formal gathering of representatives from
many nations to discuss problems
C. senators and representatives serving in the
national legislature
5
constitution
A. the makeup or structure of anything
B. a document containing the fundamental laws
and principles of a government
C. a convention of people
40
6
executive
A. a person, branch, or group of people having
the power to administer the laws and affairs
of a nation
B. being put to death
C. any person in charge of carrying out or
managing affairs
7
house
A. a building for people to live in
B. a legislative assembly or governing body
C. a family including kin, ancestors, and
descendants
8
preamble
A. an introduction
B. the beginning of the Constitution, stating its
reason and purpose
C. to walk in a haphazard fashion
9
president
A. the highest officer of a club or company
B. a title given to many diplomats
C. the chief executive of a republic
10
veto
A. order to prevent some act from occurring
B. to prevent a bill from becoming a law
C. a right given whereby one branch
of government may reject bills passed by
another branch
Do you know that …
Throughout British history religion has been closely connected with kings,
queens and politics. England was a Roman Catholic country until 1534.
Why did this change?
When a king and a pope quarreled …
In 1525 King Henry VIII decided to divorce his queen, Catherine of
Aragon who, at the age of forty, was five years older than Henry. Also,
she had only given him a daughter, and Henry wanted a son. He fell in
love with Anne Boleyn who was younger, but when Henry asked the
Pope for permission to divorce Catherine, he refused. Henry was so
angry with the Pope that he ended all contacts between England and
41
Rome, divorced Catherine of Aragon without the Pope's permission
and married Anne Boleyn. In 1534 Parliament named Henry head of
the Church of England. It was the beginning of the Anglican Church.
This quarrel with Rome was political, not religious. The Anglican
Church did not start as a Protestant Church and Henry certainly did
not regard himself as a Protestant. In fact, the Pope had given Henry
the title of “Defender of the Faith” in 1521 for words he wrote attacking
Martin Luther, the German Protestant. (British kings and queens still
have this title, and you can see the letters FID DEF or F.D. on British
coins today.) However the Protestant movement in Europe was
growing very strong at that time. When Henry quarreled with Rome
and ordered the Bible to be translated into English, the way was open
for Protestantism to spread in England. Over the next years many
people changed to this new religion.
Text for home reading and rendering
The American - A New Man
From its beginnings the United States has been a "Nation of
Immigrants". Here is a classic image of America and the American
drawn by a European settler for the English readers.
What attachment can a poor European emigrant have for a country
where he had nothing? The knowledge of the language, the love of a
few kindred as poor as himself, were the only cords that tied him: his
country is now that which gives him land, bread, protection, and
consequence. Ubi panis ibi patria, is the motto of all emigrants. What
then is the American, this new man? He is either a European or the
descendant of a European; hence that strange mixture of blood which
you will find in no other country. I could point out to you a family
whose grandfather was an Englishman, whose wife was Dutch, whose
son married a French woman, and whose present four sons have now
four wives of different nations. He is an American, who, leaving behind
him all his ancient prejudices and manners, receives new ones from
the new mode of life he has embraced, the new government he obeys,
and the new rank he holds. He becomes an American by being
received in the broad lap of our great Alma Mater. Here individuals of
42
all nations are melted into a new race of men, whose labors and
posterity will one day cause great changes in the world. Americans
are the western pilgrims who are carrying along with them that great
mass of arts, sciences, vigor, and industry which began long since in
the east; they will finish the great circle. The Americans were once
scattered all over Europe; here they are incorporated into one of the
finest systems of population which has ever appeared, and which will
hereafter become distinct by the power of the different climates they
inhabit. The American ought therefore to love this country much better
than that; wherein either he or his forefathers were born. Here the
rewards of his industry follow with equal steps the progress of his
labor; his labor is founded on the basis of nature, self-interest; can it
want a stronger allurement? Wives and children, who before in vain
demanded of him a morsel of bread, now, fat and frolicsome, gladly
help their father to clear those fields whence exuberant crops are to
arise to feed and to clothe them all, without any part being claimed,
either by a despotic prince, a rich abbot, or a mighty lord. Here religion
demands but little of him; a small voluntary salary to the minister, and
gratitude to God; can he refuse these?
The American is a new man, who acts upon new principles; he must
therefore entertain new ideas, and form new opinions. From
involuntary idleness, servile dependence, penury, and useless labor,
he has passed to toils of a very different nature, rewarded by ample
subsistence. This is an American.
Michel-Guillaume Jean de Creveccoeur
Notes:
kindred ['kindrid] (old use) - relative by birth
"Ubi panis ibi patria" (Lat) - where there is bread there is my fatherland
rare (here) - group of people who share the same culture
posterity - later generations
vigor (AE) = (BE) vigour: energy
industry - hard work
Watch the videofilm about Hillary Clinton. (see mediateka’s
resources).
What was her speech about?
43
Recommended videomaterials for watching and discussion:
a) Great Britain
b) London
c) Red Square
d) Presidents’ Homes
e) Who killed JFK?
f) Interview with Prime Minister of Indonesia
ACHIEVEMENT TEST
I. Find a suitable word to fill each gap in the sentences below:
1. According to the US Constitution, the President need not be a
member of either the S … or С … .
2. Unlike the USA (a federal republic), the UK is а с … m … .
3. The electorate are to be asked their opinion in a national r … .
4. The defense minister has resigned in a scandal involving
allegations of bribery and с … .
5. After his resignation there will have to be a by - election in his с … .
6. In the USA many members of the cabinet are not elected but a … .
7. The legislature of many countries consists of an u … and a l …
house or ch … .
8. It may be unwise to assume that all right - wing politicians are r …,
or yet that all left-wing politicians are r … .
9. However one can safely assume most middle-of-the-road politicians
to be m … .
10. You can obtain a visa to allow you to visit a foreign country from its
e … in your own country.
11. Should you require assistance while abroad, contact your own
country's c … for advice.
44
II. Right down an essay (about 180 words):
1. The differences between the American and British systems of
government.
2. How do candidates win the votes in their constituency?
3. What are the major political parties in the USA (in Great
Britain)?
4. Whose interests do the major political parties in Great Britain
and USA express?
This is the Tower Bridge, which is one of London's most famous symbols
Symbols of the USA: Liberty Bell
45
THE LEGAL SYSTEM
46
Vocabulary
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
адвокат - барристер
поверенный в суде, юрист
адвокат – юрисконсульт
адвокат, дающий советы клиенту
(только в низших судах)
to appeal
подать апелляцию
to hold office
занимать пост
to ensure
гарантировать, ручаться
to accuse smb of doing smth обвинять кого-либо в чём-либо
= to charge smb with smth
offence
правонарушение
heinous
гнусный, отвратительный
to dispute over
спорить, оспаривать
magistrate
судья, член городского
магистрата (в Англии), мировой
судья
jury
суд присяжных
to grant bail
предоставлять залог
to take in custody
взять под стражу
to remand
оставлять под стражей
Crown court
Королевский суд
County court
Окружной суд
defendant
обвиняемый, подсудимый
judgement
приговор, заключение суда
evidence
улика, свидетельское показание
to pass sentence
выносить приговор
death row
камера смерти
to deter
удерживать от совершения
преступления
inmate = prisoner
заключённый
tenuous
незначительный
assault
угроза физического
насилия
predicament
затруднительное положение
law-abiding life
постоянно низкий жизненный
уровень
to prosecute
обвинять
to plead (not) guilty
признать (не)виновным
barrister
attorney
counsel
solicitor
47
32 to testify to
33 to testify against
34 to preside
давать показания в пользу кого либо
давать показания против кого либо
председательствовать
Crime
Make sure you know the difference between the verbs steal and rob.
The object of the verb “steal” is the thing which is taken away, e.g.
They stole my bike. The object of the verb “rob” is the person or place
from which things are stolen. e. g. I was robbed last night; or The
masked man robbed the bank. “Steal” is irregular: steal, stole, stolen.
Choose and use:
Ex.1. Put the right forms of either rob or steal in the sentences
below:
1.
Last night an armed gang … … … the post office. They …
… … &2000.
2.
My handbag … … … at the theatre yesterday.
3.
Every year large numbers of banks … … … .
4.
Jane … … … of the opportunity to stand for president.
Ex.2. to know, to learn
1.
I was surprised to … … … that it was George Washington
himself who selected the place for the US capital.
2.
Do you … … … that the Federal Government is made up
of three branches: the Legislative, Executive and Judicial?
48
3.
I … … … from this article that local affairs are managed by
the State Government.
4.
Do you … … … that the President of the United States is
not elected directly?
Ex.3. first, at first
1.
… … … a candidate campaigns within his party, and then
he runs against the candidate of the other major party.
2.
… … … the capital of the newly formed United States was
in Philadelphia. Later is was transferred to Washington, D.C.
3.
… … … the laws are passed in the Congress, then they
must be approved by the President.
4.
… … … the campaign seemed to be promising for the
candidate, but then luck turned against him.
Ex.4. company, campaign
1.
war.
The winter … … … of 1942 determined the outcome of the
2.
The election … … … was conducted by the joint efforts of
the party members.
3.
The new … … … was set up 3 years ago.
4.
They started a … … … for diversification of exports.
5.
This … … … has been in business long and it has
contributed a lot to the development of trade between the two
countries.
Ex.5. Supply the correct forms of the verbs:
1.
When he (to run) for President he (to have) to travel a lot.
49
2.
I expected your call at 10 o'clock, I (to have) no time to call
then because an important contract (to negotiate).
3.
While I (to stay) in London, Parliament (to be) in session.
4.
At 8 o'clock in the evening TV (to show) an interview of the
candidates who (to run) for Vice-President.
Ex.6. Supply the prepositions where necessary:
1.
New York City is divided … … … five administrative units.
2.
All workers of the chemical industry, regardless … … …
their age, are entitled … … … a shorter working week.
3.
What candidates are running … … … President in this
campaign?
4.
The Conservative Party candidates were campaigning …
… … the entry of Great Britain into the Common Market, while
the Labour members were campaigning … … … it.
5.
The British Prime Minister lives and works … … … his
official residence, No 10 Downing Street, a very short distance
from the House of Parliament.
6.
The Government cannot spend any money … … … the
permission … … … the House of Commons.
To accuse smb of smth/doing smth.
Ex.7. Read the model:
The press often accuses US TV of showing too much
violence.
Talking point:
How would you state that the press criticizes US TV for showing too
50
many detective films (silly comedies, police series, horror films,
commercials, reality shows etc.)
Here are some more useful verbs connected with crime and
law. Note that many of them have particular prepositions
associated with them:
to commit a crime or an offence: to do something illegal
to accuse someone of a crime: to say someone is guilty
to charge someone with (murder): to bring someone to court
to plead guilty or not guilty: to swear in court that one is guilty or
otherwise
to defend/prosecute smb: to argue for or against someone in a trial
to pass verdict on an accused person: to decide whether he or she are
guilty or not
to sentence someone to a punishment: what the judge does after a
verdict of guilty
to acquit an accused person of a charge: to decide in court that
someone is not guilty (the opposite of to convict someone)
to fine someone a sum of money: to punish someone by making them
pay
to send someone to prison: to punish someone by putting in prison
to release someone from prison/jail: to set someone free after a prison
sentence
to be tried: to have a case judged in court
Here are some useful nouns:
trial: the legal process in court whereby an accused person is
investigated, or tried, and then found guilty or not guilty
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case: a crime that is being investigated
evidence: information used in a court of law to decide whether the
accused is guilty or not
proof: evidence that shows conclusively whether something is a fact or
not
verdict: the decision: guilty or not guilty
judge: the person who leads a trial and decides on the sentence
jury: group of 12 citizens who decide whether the accused is guilty or
not
Read the text:
THE USA
JUDICIAL BRANCH
The third branch of government is the judicial branch, which is headed
by the Supreme Court. Under the Supreme Court, there are many
state and federal courts. An important function of the judicial branch is
to determine whether laws of Congress or actions of the president
violate the Constitution.
CHECKS AND BALANCES
The division of government power among three separate but equal
branches provides for a system of checks and balances. Each branch
checks or limits the power of the other branches. For example, though
Congress makes laws, the president can veto them. Even if the
president vetoes a law, Congress may check the president by
overriding his veto with a two - thirds vote.
The Supreme Court can overturn laws passed by Congress and
signed by the president. The selection of federal and Supreme Court
judges is made by the other two branches. The president appoints
judges, but the Senate reviews his candidates and has the power to
reject his choices. With this system of checks and balances, no
branch of government has superior power.
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The legal system in the United States
The legal system in the United States is similar
in many ways to the English system. One of the
main differences is the existence of the United
States constitution which is interpreted by the
highest court, the Supreme Court. The nine
Supreme Court judges, who are appointed by
the President and approved by the Senate, can
only be removed from office by impeachment.
There are two types of American law: civil law
and criminal law. Civil law covers cases
between individuals (companies as well as
people are “individuals”). Auto insurance claims,
divorces, and fraudulent business practices are
examples of matters handled under civil law.
Criminal law covers cases brought by the state
against individuals; criminal offences range
from traffic tickets to major crimes like hijacking
and murder.
Judges
Federal judges are also appointed for life by the President. They deal
with federal law, which applies to the country as a whole, and with
important cases involving citizens from different states. State judges
hear cases involving the law of a particular state. They hold office for
ten years and are usually elected or confirmed in office by election.
The jury
The number of people who make up a jury varies from state to state,
but efforts are made to ensure that they represent a fair cross-section
of society. Both the defense and the prosecution are allowed to reject
a certain number of jury candidates.
Except in minor cases, the defendant in a criminal case has the right
to be tried by a jury, and many civil cases are also heard by a jury. In
most states, the task of the jury is only to decide whether the
defendant is innocent or guilty, while it is the judge who passes
sentences.
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The attorneys, who represent clients in court, have been trained at
law schools and are licensed to practice only in certain states. If they
wish to practice in a different state, they may have to take another
exam. In a criminal case, the prosecution attorney is appointed by the
District Attorney to prosecute the defendant. The defense attorney will
be provided by the Public Defender’s Office if the defendant cannot
afford to engage her or his own lawyer. The prosecution may agree to
charge the defendant with a less serious offence if he or she agrees to
plead guilty. This is known as plea bargaining.
Answer the questions:
1. What is the third branch of government?
2. What is the most important function of the judicial branch?
3. What can you tell about the Supreme Court?
4. What is the jury?
Read the text:
The legal system in England and Wales
When the police believe that somebody has committed a crime, they
arrest the person and the case is then heard in court and is treated as
a criminal case. The courts also deal with civil cases, where no crime
has been committed, such as cases of divorce or disputes over
property.
People in law cases
Magistrates
Less serious criminal and civil cases are dealt with in the Magistrates
Courts, where there is no jury but a case is usually heard by two or
three magistrates. Most magistrates, also known as Justices of the
Peace (JPs), work part time and are not paid. They are given some
training, but do not need legal qualifications. A clerk of the court
advises them on the law. When they have heard a case, the
magistrates reach a verdict and where necessary decide what the
punishment should be. Magistrates also decide what should happen
with somebody between the time they are arrested and the time when
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the case is heard in court. They may grant bail (allow the person to be
free until the trial, if a sum of money is paid) or remand her or him in
custody (keep the person in prison until the trial). There are about
30,000 magistrates (Justices of the Peace, or JPs), who judge cases
in the lower courts. They are usually unpaid and have no formal legal
qualifications, but they are respectable people who are given some
training.
Judges
More serious cases are heard by judges in the crown courts (for
criminal cases) or the county courts (for civil cases). In civil cases and
in cases where the defendant has pleaded guilty, the judge sits alone,
without a jury, and after hearing the case, makes a decision, or
judgement.
If the person accused of a crime pleads not guilty, he or she is tried
before a jury. When the evidence has been heard, the judge goes
over the facts of the case (the summing up) and explains the law to
the jury. If they find the accused guilty, the judge passes sentence,
that is, decides what the punishment should be.
Solicitors are lawyers who do legal business for individuals and
companies and also act as advocates, representing clients in court.
There are about 50,000 solicitors, a number which is rapidly
increasing, and they make up by far the largest branch of the legal
profession in England and Wales. They are found in every town,
where they deal with all the day-to-day work of preparing legal
documents for buying and selling houses, making wills, etc. Solicitors
also work on court cases for their clients, prepare cases for barristers
to present in the higher courts, and may represent their client in a
magistrates’ court.
Barristers used to be the only lawyers allowed to appear as
advocates in the higher courts. One barrister (the Counsel for the
Prosecution) tries to prove in court that the accused committed the
crime.
The advocate representing the defendant (the Counsel for the
Defense) tries to show that he or she is innocent. They call witnesses
and question them about the facts of the case. There are about 5,000
barristers who defend or prosecute in the higher courts. Although
55
solicitors and barristers work together on cases, barristers specialize
in representing clients in court and the training and career structures
for the two types of lawyer are quite separate. In court, barristers wear
wigs and gowns in keeping with the extreme formality of the
proceedings. The highest level of barristers has the title QC (Queen’s
Counsel).
Jury
The jury in England and Wales is made up of twelve ordinary people
aged between 18 and 65. When they have heard the evidence and
the judge’s summing-up, they retire to a special room to decide
whether to return a verdict of guilty or not guilty. If they all agree, they
have reached a unanimous verdict. If no more than two people
disagree, the judge may ask for a majority verdict. If the accused is
found guilty, he or she has the right to appeal and ask for the case to
be heard by a higher court. For example, appeals from magistrates’
courts are heard in the Crown Court, unless they are appeals on
points of law. The highest court of appeal in England and Wales is the
House of Lords. Certain cases may be referred to the European Court
of Justice in Luxemburg or the European Court of Human Rights.
The legal system also includes juvenile courts, which deal with
offenders under seventeen, and coroners’ courts, which investigate
violent, sudden or unnatural deaths.
Coroners
Coroners have medical or legal training (or both), and inquire into
violent or unnatural deaths.
Clerks of the Court
Clerks look after the administrative and legal matters in the courtroom.
Answer the questions:
1.
Who is responsible for making laws in Britain?
2.
In the United Kingdom, what is the difference between
criminal and civil law?
3.
What is the most common type of law court in England
and Wales?
4.
What are three types of British courts?
5.
Which courts do you think would deal with the following:
56
a.
b.
c.
d.
a bank robbery?
a divorce case?
a burglary committed by a fifteen-year-old?
a drowning?
Think and answer:
1. What is the difference between a solicitor and a barrister?
2. How are people chosen to serve on a jury?
3. Which do you think is better: judgement by one trained
lawyer or judgement by twelve ordinary people?
Check yourself!
Are these statements true or false?
1. Juries sit in magistrates' courts.
2. The state helps poorer suspects to pay for their defense.
3. All accused people have to appear before magistrates.
4. Magistrates try a person accused of murder.
5. Crown court judges can hand out stiffer (severe) sentences than
magistrates.
Barristers proceed
57
In both Britain and the US, when a person is accused of a
crime it must be shown that they are guilty “beyond
reasonable doubt”. A person is always innocent in the eyes
of the law until they have been proved to be guilty. If the
person is found guilty by a court they can sometimes ask for
permission to appeal to a higher court in the hope that it will
change the decision.
Text for reading:
Criminal law in England and Wales
When someone is arrested by the police, a magistrate (an official who
judges cases in some types of courts) decides whether there is
enough evidence against the person for the case to go to court. If
there is enough evidence and the case is a serious one, the person
accused of the crime (called “the accused") is sent to a crown court for
a trial with a judge and jury (12 members of the public who have to
decide if the accused is innocent or guilty). If the verdict of the jury is
that the accused is guilty, then the judge decides the sentence
(punishment). If there is enough evidence against the accused but the
crime is not a serious one (for example a traffic offence) then the case
is heard in a magistrates’ court. If found guilty in the Crown Court the
accused may apply to the court of appeal (Criminal Division) where he
or she will be heard by a judge. Sometimes a HIGH COURT judge
from the Queen's Bench Division assists in dealing with criminal
matters in the Court of Appeal or Crown Court.
Criminal law in Northern Ireland
In Northern Ireland, as in England and Wales, someone accused of a
crime may be tried in a Magistrates' Court or a Crown Court
depending on how serious the crime is. Appeals from the Crown Court
are heard in the Northern Ireland Court of Appeal.
Criminal law in Scotland
Scotland has a separate court system. After a person is arrested by
the police, an official called the procurator fiscal is in charge of
deciding whether there is enough evidence against the accused for a
trial. If there is enough evidence and the crime is a very serious one,
the accused is sent to the High Court of Justice where there is a judge
58
and jury (in Scotland there are 15 people on a jury). If there is enough
evidence but the crime is a less serious one, the case is heard in a
sheriff court (the sheriff is a trained lawyer who acts as a judge).
Appeals from the Sheriff Court go to the High Court of Justiciary.
Criminal law in the USA
The US has two separate court systems. In
general terms state courts are used when
someone has done something against the
laws or constitution of a particular state.
Federal courts deal with cases to do with
the laws and constitution of the United
States as a whole. Federal courts also hear
cases where the US government is one of
the sides involved. Cases for crimes which are not serious are likely to
be heard in state courts. Serious crimes may be tried in either state
courts or federal courts depending on the situation, for example, cases
where a crime has taken place in another state are often heard in
federal courts. Criminal law is almost entirely under the jurisdiction of
state governments and therefore differs somewhat from state to state.
After a person has been arrested a magistrate, or in some cases a
grand jury made up of between 16 and 23 citizens, decides whether
they should go to trial. If there is enough evidence for a trial the
accused goes to court and has to state whether he or she is guilty or
not guilty of the crime. If they say they are not guilty they are sent to
trial with a judge and jury of 6 or 12 citizens in either STATE or
COUNTY COURT or, in federal cases, a DISTRICT COURT. If the
accused is found guilty, they may have the right to appeal to a higher
court.
The final court of appeal in the US federal system and for some cases
in the state courts is the US SUPREME COURT. It is made up of a
CHIEF JUSTICE and eight ASSOCIATES. The accused does not
have the right to be heard by the Supreme Court, but the Supreme
Court decides which cases it will hear.
To get a clearer view of criminal procedure, note these steps:
Warrants. Except in extreme situations, a policeman must have: (1) a
search warrant obtained from a judge to search one’s home or person
for evidence which can be seized and used in court against him; or (2)
59
an arrest warrant obtained from a judge, before he can arrest a
suspect and take him into custody. After making an arrest, a
policeman is required to tell the suspect that the law protects him
against self-incrimination; the suspect does not have to answer
questions and he may request a lawyer (provided at public expense if
he cannot afford to hire one himself).
Booking. The official charge against the suspect is entered in the
police station’s book. When the suspect is booked, he is fingerprinted
and photographed.
The preliminary Hearing. In most states if the suspect is held in jail he
must be brought before a judge within 24 hours. The judge may
dismiss the charge, or he may set bail, an amount of money paid by
the defendant to guarantee that he will appear in court for the trial, or
he may release the person on his own recognizance. If the bail is paid,
the defendant is released.
More on Law and Order
Compare the legal systems (USA,
UK and Russia):
Which is more lenient? Which of
them is closer to the Continental
Law? What is probation? How
does it differ from suspended
sentences? What does on bail
mean? How are minor cases tried?
What about serious crimes? Does capital punishment exist? What is
an "either way" offense? What option does the accused person face in
such a crime? What is the difference between a solicitor and a
barrister? What can you say about magistrates' courts?
Did a similar institution exist in Russia before? To which of the two
legal systems is the Russian law more similar? What are the basic
differences between the Russian legislation in force and the British
system?
60
Supreme Court of the USA
CRIME AND PUNISHMENT
Crime
About 90 per cent of all crimes are dealt with by magistrates’ courts.
Sentences (that is, the punishments decided by the court) vary a lot
but most people who are found guilty have to pay a fine. Magistrates'
courts can impose to six months. If the punishment is to be more
severe the case must go to a Crown Court. The most severe
punishment is life imprisonment: there has been no death penalty in
Britain since 1965.
The level of recorded crimes and the number of people sent to prison
both increased during the 1980s and 1990s. By the end of that period
the average prison population was more than 50,000 and new prisons
had to be built as overcrowding had become a serious problem. By
2000 the cost of keeping someone in prison was over $250 per week,
which was more than the national average wage.
61
The Police
Each of Britain’s fifty-two police forces is responsible for law
enforcement in its own area. In addition there are various national and
regional connections (for example, in areas of training or the transfer
of criminal records), and local forces cooperate with each other.
Some special services, such as the Fraud Squad (who investigate
financial crimes), are available to any local force in England and
Wales. In general, however, the local police forces work independently
under their own Chief Constables. Each force is maintained by a local
police authority. The exception is London, where the metropolitan
Police are responsible to the Home Secretary.
Police duties cover a wide range of activities, from traffic control to
more specialized departments such as river police. Each independent
force has a uniformed branch and a Criminal Investigation Department
(CID) with detectives in plain clothes. In addition, the police authorities
in England and Wales employ 40,000 civilians and nearly 5,000 traffic
wardens.
Britain has relatively few police – approximately one policeman for
every 400 people – and traditionally they are armed only with
truncheons except in special circumstances. However, recent years
have seen some major changes in police policy in response to
industrial disputes and inner city violence in Great Britain.
The situation in Northern Ireland, where the Royal Ulster Constabulary
are the local police force, has also meant a change in the style of
maintaining law and order. In general, there has been an increase in
the number of special units trained in crowd and riot control and in the
use of firearms, a controversial area for the British police. The number
of police has risen along with the crime rate.
Punishment
These are some of the punishments available to judges:
Prison
Suspended sentences: the offender does not go to prison unless he
or she commits another offence
Probation: normal life at home, but under supervision
62
Youth custody in special centres for young adults.
Short disciplinary training in a detention centre.
Community service: decorating old people's houses.
Compensation: paying, or working for one's victim.
Fines: the punishment in 80 per cent of cases.
Disqualification from driving.
Fixed penalty fines: especially for parking offences
Answer the questions:
1. What are the most common offences in England and Wales?
2. What is the most common form of punishment?
3. Which crimes have increased most in recent years?
Discussion
Work in pairs:
Ex.1. Which punishment do you think is suitable for each of the
following crimes?
a. murder of a policeman
b. vandalizing of a telephone box
c. drinking and driving, without causing an accident
d. robbing a supermarket with a gun
e. stealing goods from a shop (“shoplifting”)
f. parking a car illegally
Ex.2. Match these actual sentences from British courts with the
crimes in Ex.1.
a. Five to ten years in prison
b. Life imprisonment
c. A &400 fine
d. A small fixed penalty fine
e. A &200 fine and disqualification from driving
f. 100 hours of community service
63
Read the text:
The Death Penalty
The death penalty is, to some, a suitable punishment for certain
crimes. People who feel they can get away with heinous crimes need
a strong punishment to show that this type of behaviour will not be
tolerated by the justice system. The death penalty can be
administered by lethal injection, a method which is not inhumane.
Some, however, feel that this type of punishment is cruel and unusual,
in violation of the Eighth Amendment. Many also say with the long wait
on death row and the inefficiency of the system, criminals are not
deterred by this treatment. In addition, they ask, where is the line
drawn for crimes punishable by death? Out of 3,860 inmates executed
from 1930 to 1980, 3380 were executed for murders; however, about
500 more were put to death for other crimes. There is also the
possibility that a criminal might be put to death for a crime that another
criminal in different state might have got a different punishment for.
Finally, more minorities and ethnic Americans are executed for the
same crimes, than white Americans.
What do you think?
1.
Do you feel that the death penalty is ever justified?
2.
Do you feel that the death penalty could be warranted in
non-murder cases?
3.
Do you feel that the racial imbalance in the administration
of the death penalty can be corrected without abolishing the
death penalty altogether?
You can write down your points of view and make a report! Present
your ideas and dispute over them.
Listening
You will hear a policeman and a policewoman talking about a
new police operation. Decide which of the statements are TRUE
and which are FALSE and write T for TRUE or F for FALSE.
1.
One disadvantage of using bikes in city centres is that they
are slower than cars.
64
2.
One advantage of using police cars is that everyone
notices them.
3.
It is important that police on bikes should not wear
uniform.
4.
The children laughed at the police on bikes because they
knew who they were.
5.
The children were very concerned with fashion.
6.
The operation has been in progress for one year now.
7.
Neighbouring police forces think the idea is a good one.
JURY REFORM
Many times, civil cases in our legal justice system end with juries
awarding millions of dollars to the plaintiff, sometimes for reasons
indiscernible to anyone but them. While this happens across the
country, Alabama stands out for awarding what some consider to be
ridiculous sums of money. For instance, a butcher in Alabama cut his
hand on a saw he claimed was defective. The outcome: a jury award
of 512,000 for medical bills, $654,784 in compensatory damages, and
a "mere" $22,750,000 in punitive damages. Some feel that this case
alone shows the present problems with jury decisions. They argue that
there needs to be reform measurements taken to protect corporations
who apparently do nothing wrong but are surely penalized by juries.
Opponents of jury reform feel that by limiting the amounts that a jury
can award, consumers are losing an important safeguard on the
ensured quality of products they buy. The most famous case study
examined in discussions of tort reform is probably the 1995 incident
where a woman spilled extremely hot coffee on herself and was
awarded a handsome sum of $2.7 million dollars. The case was later
re-evaluated and cut to a more reasonable 5480,000.
What do you think?
Do you think there should be limits on jury awards in product-defect
cases?
Do you think there should be limits on jury awards in medical
malpractice cases?
Do you think that the loser in a civil case should be forced to pay both
sides' attorneys' fees?
65
Ex.8. Points to ponder:
1.
Crime is a kind of disease and should be treated as such.
2.
Whoever profits by the crime is guilty of it.
3.
Small crimes always precede great ones.
4.
Petty laws breed great crimes.
5.
Cruelty is part of nature, at least of human nature, but it is
one thing that seems unnatural to us.
6.
Suicide should not be considered a crime
7.
Violence is sometimes justified.
8.
There is no justification for terrorism.
9.
We should disobey a law that is contrary to our own
beliefs.
10.
Prostitution should be legal.
11.
Capital punishment is a deterrent against crime.
12.
Drags should be legalized.
13.
Ownership of firearms should be carefully regulated by the
government.
14.
Parents should be punished for child abuse.
Make up a story:
66
Frequently used word groups:
The Jury Trial
The prosecutor and the defense counsel present their cases by
examining and cross-examining witnesses who have been
subpoenaed to appear in court so that they can testify. The judge
presides and acts as a referee, but the jury is absolutely silent. When
both lawyers have finished presenting their cases, the jurors
deliberate until they reach a verdict. In some states their decision must
be unanimous.
The Verdict
When the jury has reached a decision, the foreman of the jury
announces the verdict. If the members cannot agree, the jury is called
a hung jury and the judge declares a mistrial; in that case, the
defendant may be tried again by another jury.
Sentencing
If the verdict is "guilty", the person has been convicted and the judge
sentences him. If the defendant has been found innocent, he is
acquitted.
Appeal
Occasionally the defense lawyer appeals the judge's ruling to a higher
court. The judge of the higher court considers the case and decides
either to uphold or to reverse the lower court's decision.
The series of steps can become quite complex and time - consuming;
it may take several years to complete the sequence for a major case.
Ex.1. Read the definitions and say the idea in one word or a
short phrase:
1.
to arrest somebody
2.
to act as a witness in court, to tell what you know about an
event or person
3.
to examine judicially to determine guilt or innocence; often
used in the passive
4.
to break a law
5.
to refuse to give information (illegal)
6.
to blame, say that someone is guilty and should be tried
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7.
to accuse formally, state the crime for which a person will
be tried
8.
to act on behalf of and support the accused party in court
9.
to end court proceedings, allowing the defendant to go
free
10.
to state formally that the defendant is guilty or not guilty at
the beginning of a trial
11.
to punish by death according to law, or to carry out any
court sentence
12.
to surrender to the police voluntarily
Do not mix up these words:
To be to blame
to be guilty
to be one’s fault
You got angry with me but I am not to blame or but it isn’t my fault. The defendant
was found guilty.
Read the text:
PAROLE
Granting parole is the act of releasing a
jailed criminal after he or she serves a
portion of the court-mandated sentence in
prison. This is a positive step if the officers
can accurately determine that the criminal
has been reformed, understands his or her
wrongdoing, and realizes the correct
behavior necessary to live among peers.
Before being released, potential parolees
must appear before a parole board.
Hopefully, if released, the ex-convict can
put his or her life back together and help the community. Problems
occur here, though. Many times, criminals take advantage of the
parole and although it seems they have reformed, they return to
criminal behavior. In 1992, 573,844 offenders were paroled. It was
reported that 162,062 of these people were sent back to prison; a very
disturbing percentage. Essentially, these criminals committed new
68
crimes even before the prison term for their old time expired. Critics of
parole argue that under such a system, criminals are not serving their
full sentences and are most likely not learning the “full lesson” prison
is meant to teach.
What do you think?
1. Should any criminals be allowed on parole?
2. Should criminals convicted of violent crimes be allowed on parole?
3. Should the victims of the crimes testify before parole boards?
U.S. Supreme Court in 1882. Justice Harlan stands second from right.
Photo by C. M. Bell. KHS Collections.
69
JUVENILE DELINQUENCY
Vocabulary 1. CRIME AND CRIMINALS
Ex. 1. Match each person on the left with the correct
definition on the right
1
2
3
4
5
an arsonist
a shoplifter
a mugger
an offender
a burglar
6
7
a murderer
a kidnapper
8
9
a pickpocket
a drug dealer
10 an assassin
11 a thief
12 a hijacker
13 a smuggler
14 a robber
15 a forger
attacks and robs people, often in the street
sets fire to property illegally
is anyone who breaks the law
breaks into houses or other buildings to steal
steals from shops while acting as an
ordinary customer
kills someone
steals things from people's pockets in
crowded places
buys and sells drugs illegally
takes away people by force and demands
money for their return
takes control of a plane by force and makes
the pilot change course
brings goods into a country illegally without
paying tax
is someone who steals
makes counterfeit (false) money or
signatures
steals money etc. by force from people or
places
murders for political reasons or a reward
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Ex. 2. Match these names of crimes with the pictures below
hijacking
vandalism
bank robbery
pick pocketing
speeding
burglary
shoplifting
Ex.3. Complete a table:
crime
shoplifting
criminal
verb
burglar
to smuggle
to set fire to
arson
kidnapper
blackmail
forgery
to forge
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assailant
to assault
pick pocketing
mugger
to murder
to commit acts of
terrorism
terrorism
hijacker
Ex.4. Fill the gaps in the following sentences:
1.
She was … … … by a man who threatened to tell her
employer about her past.
2.
The … … … had a knife so she gave him her bag.
3.
Department stores lose millions from … … … .
4.
He … … … his father's signature on $20,000 worth of
cheques.
5.
When you travel on public transport, always keep your bag
carefully closed in case of … … … .
6.
Their house was… … … while they were away on holiday.
7.
At first the police thought it was an accident, but later they
found matches and a petrol can and began to suspect … … … .
8.
They … … … a British Airways flight and threatened to
blow the plane up.
9.
The boy's … … … demanded an enormous ransom.
10.
The Customs men caught the … … … .
11.
The government is determined to oppose international…
…….
Vocabulary 2. WORDS OFTEN CONFUSED
A. to steal / to rob
You steal things e.g. a watch
You rob people or places e.g. an old lady, a bank
B. evidence / proof / clue
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Ex.1. Match the words with their definitions
1. … … … - information used in court to decide whether the
accused is guilty or not
2. … … … - information that shows that something is definitely a
fact or not
3. … … … - information or a sign that helps you to find the
correct answer
Ex.2. Complete these sentences using one of the words
above:
1.
Do you have any … … … that you were at home on the
night of the murder?
2.
Several witnesses gave … … … about the crime.
3.
Are there any … … … as to who might have committed
the crime.
4.
The blood on his clothes may be useful … … … but it is
not absolute … … … that he is the murderer.
5.
I can't guess who is coming for dinner. Can you give me a
… … …?
6.
Last night an armed gang … … … the post office. They …
… … $2,000.
7.
My handbag … … … at the theatre yesterday.
8.
Every year large numbers of banks … … … .
9.
Jane … … … of the opportunity to stand for president.
Vocabulary 3. SOME MORE USEFUL VOCABULARY
выдвинуть обвинение
предстать перед судом
судебный процесс
рассматривать /слушать/ дело
признать виновным
выносить приговор
допрашивать
To charge somebody with
To come before a court
Trial
To try
To find guilty
To convict
To question
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оправдать
приговор, наказание
штраф
освобождать
пробация (вид условного
осуждения)
тюремное заключение
подвергнуть тюремному
заключению
приговор, отсроченный
исполнением
To acquit
Sentence
Fine
To release
Probation
Imprisonment
То send to prison
Suspended sentence
Ex.1. Fill in the gaps with the correct word from the list:
accused, evidence, convicted, sentenced, tried, arrested, guilty, put,
suspected.
The police had 1) … … … Paul Williams for months, and when they
finally gathered some real 2) … … … against him he was 3) … … …
by the police and 4) … … … of trafficking in drugs. A few weeks later
he was 5) … … … for the crime. The jury were quickly convinced that
he was 6) … … … of drug trafficking, so he was 7) … … … of the
crime and 8) … … … to ten years in prison. The police were satisfied
they had managed to 9) … … … such a dangerous criminal behind
bars.
Ex.2. Fill in the blanks with one word
When Tina Bowels was 1) … … … by the police 2) … … … burglary it
came as a shock to the entire neighborhood. Tina Bowels was a wellrespected woman in her early forties. At the 3) … … … the 4) … …
… presented an amazing amount of 5) … … … which convinced
everyone of her guilt. It was proved that she was a member of a 6) …
… … which had broken into the homes of many wealthy people and
stolen their valuables. It didn’t take long for the 7) … … … to come to
a decision and Tina was 8) … … … and 9) … … … to ten years in 10)
… … … . Tina Bowels is now behind 11) … … … along with the other
members of the gang. She hopes to be 12) … … … soon, as this was
her first offence.
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Vocabulary 4. PUNISHMENT
Remember these expressions:
To do community service
To be sentenced to life imprisonment
To be given a suspended sentence
To be fined a large /small/ amount of money
To be given a warning
To be given a death sentence
Lethal injection
Electric chair
Gas chamber
WITNESS REPORT
Ex.1. Look at this picture of a crime for one minute. Close your book
and write down as many details about it as you can. Compare notes
with your partner.
75
Ex.2. Mr and Mrs Arnolfini witnessed the crime shown in the picture
above. You will hear them being interviewed by the police. For
questions 1-10, complete the witness report.
Witness Report
Robbery, Northern Bank, Ashton Road
Crime
Date
Time
Witness details
Name
Address
Occupation
1.
2.
Mrs Maria Arnolfini, Mr Alberto Arnolfini
3
4
Description of suspects
height; wearing a
Suspect 1:
jacket, blue scarf and jeans;
carrying a
and a
complexion;
Suspect 2:
hair? Wearing a brown jacket
and .
.
Ex.3. The police asked Mrs Arnolfini to write a witness report but
it is full of mistakes. Find the mistakes in the report and lable
them with the following symbols. Some of them have been done
for you.
X = unnecessary word
G = grammar
Wo = word order
Sp = spelling
/ = word missing
V = vocabulary
Ww = wrong word
Pun = punctuation
76
G
In Tuesday September 12 I have been in to my restaurant with my
husband it was about eleven and a half at the morning. I looked in the
Sp
window and saddenly I was seeing a tall man who running out of the
X
bank to Ashton Road and he was and holding a gun to his hand. He
was carrying a brown leather jacket and a pair of blue jeans. perhaps
he held a yellow scarf round his neck. It was and another man waiting
on a motorbike outside from the bank. The second man was too dark
and he was carrying a moustache. His hairs were long and curly. The
second was with a black leather jacket and a blue jeans also. I was
seeing also a man who walked past at that moment going his poodle
for walk. They robbers jamped into the motorcycle and they ran away,
Ex.4. EXAM PRACTICE. WRITING
Last Saturday you witnessed the crime shown in the pictures below.
Write a report of what you saw, using these questions to help you.
What time was it?
Where were you?
What were you doing?
What did you notice first?
What happened?
What happened then?
What did the criminals look like?
77
CRIME AND PUNISHMENT
Are these things crimes or something else? Arrange them in order
of seriousness. What punishment would be appropriate for each one?
Ø
Ø
Ø
Ø
Ø
Ø
Ø
Ø
Ø
taking flowers or fruit from a garden
writing your name on a wall, monument, etc.
fighting in the street, or at a football match
trespassing
travelling on public transport without a ticket
deliberately breaking windows or other vandalism
playing truant
taking a bicycle, motorbike or car for a joy-ride
driving without a driving license
Ex.1. Listen to two people discussing a crime they have read
about.
1.
2.
What has Mark Thompson done?
What punishment do the speakers think he should get?
Ex.2. Listen again and make notes in the table below.
Mark Thompson
Name
Occupation
Family
78
Crime
Punishment
Reasons
Ex.3. Listen again to the last part of the conversation and fill
in the gaps in the dictation.
Man: Well, I think he … … … to prison. Not for very long, maybe a
short sentence.
Woman: But if he is in prison, he … … … for a job, and he … … …
the same thing again.
Man: Well, perhaps they … … … him a fine. Maybe 50& or something
and a suspended sentence.
Woman: I think the store manager … … … him pay for the toys and
maybe he … … … put on probation.
Ex.4. Now look at four criminal cases. Each person has
pleaded guilty. You must decide the punishment for each person.
You can
- Give the maximum sentence
- Give a lighter sentence
- Acquit
79
CASE 1
Name
Occupation
Family
Crime
Mary Jenson
doctor
married, two children
Dr Jenson gave an overdose to a 75-year-old
patient who had cancer. The patient had asked for
the overdose. The patient’s family have accused
the doctor of murder.
Punishment
Reasons
CASE 2
Name
Occupation
Family
Crime
Karl Anderson
student
none (age 14)
Karl was in a shopping centre with a group of
friends. He stole a pair of expensive sunglasses
from one shop and some sweets from another. He
has offered to pay for the glasses and sweets. He
says his friends made him do it.
Punishment
Reasons
CASE 3
Name
Occupation
Family
Crime
Jack Cumming
Truck driver
married, four young children
Mr Cumming was driving his truck after drinking
with some friends on his birthday. He was stopped
by the police. He has never done this before. He
says if he loses his license he will lose his job and
won’t be able to support his children.
Punishment
Reasons
80
CASE 4
Name
Occupation
Family
Crime
Elizabetta Madison
housewife
married, three children
In the last three years Ms Madison has left her
husband nine times. Each time she went to a
refuge for women whose husbands are violent. On
16th May she phoned the police to say that her
husband was hitting her and her children. The
police said there was nothing they could do. Then
they got a call from a neighbour saying they had
heard a gunshot. They went to the house and
found Mr Madison dead. Ms Madison said: ‘I
thought he was going to kill the children.’
Punishment
Reasons
Ex.5. Put each of the following words or phrases in its
correct place below.
wrongdoer
misdeeds
barbaric
humane
deterrent
reform
retribution
rehabilitate
law-abiding
crime doesn’t pay
death penalty
corporal punishment
THE PURPOSE OF STATE PUNISHMENT
What is the purpose of punishment? One purpose is obviously to
(a) …… …, the offender, to correct the offender's moral attitudes and
anti-social behaviour and to (b) … … … him or her, which means to
81
assist the offender to return to normal life as a useful member of the
community. Punishment can also be seen as a (c) … … …, because
it warns other people of what will happen if they are tempted to break
the law and so prevents them from doing so. However, a third
purpose of punishment lies, perhaps, in society's desire for (d) … …
…, which basically means revenge. In other words, don't we feel that
a (e) … … … should suffer for his (f) … … …? The form of
punishment should also be considered. On the one 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 (g) '… … … '. For those
who attack others, (h) … … … 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 (i) … … … . On the other hand, it is said that
such views are unreasonable, cruel and (j) … … … and
that
we
should show a more (k) … … … 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, (I) … … … life.
JUVENILE DELINQUENCY
Ex.1. Mind the pronunciation of the following words:
delinquency [di 'li ŋk wənsi];
plague [pleig];
sociologist [səυsi'olədĵist];
alternative [ol'tə:nətiv];
affluent ['æflυənt];
illiterate [i'literət];
dilapidated [di'læpideitid];
sacred [‘seik rid];
ps ychologist [sai'kolədĵist];
motive ['məυtiv];
esteem [is'ti:m]
curse [k ə:s]
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Ex.2. Read the passage below and complete the following
sentences:
a.
Technological progress
seems
to
have … … … … … … …
deprived
b.
Delinquency-prone youth can be found
…………………
c.
They turn to violence to (because)
…………………
d.
Anti-social behaviour is sure to
…………………
e.
The easiest way to deal with delinquents is
…………………
f.
Different educational projects are aimed at
…………………
g.
This work provides the youngsters with
…………………
Juvenile delinquency
Juvenile delinquency is a curse which this country, as well as so
many others, has been plagued with. Sociologists and psychologists
have done extensive research on the subject, trying to detect the
motives behind this anti-social behaviour that may ultimately lead to
self-destruction.
Juvenile delinquency is both a burden on and a threat to society.
Whether it be theft, armed robbery or drag peddling, it disrupts the
very order on which any civilized society is based. There seems to be
no uniform background to this phenomenon. Delinquents can be found
in exclusive residential areas as well as in slums, in highly educated
homes as well as in primitive ones. What drives them to steal, exploit
or destroy is not usually hunger, but often a need to escape from the
boredom and emptiness of a meaningless life. Technological progress
seems to have solved many material problems while depriving us of
many of the values we once held sacred. With the gradual weakening
of the power of the family and religion, many youngsters, left without
any faith in or respect for any authority, turn to violence as a kind of
protest against the establishment or simply to fill their empty hours
with some "fun".
83
The question is how society should deal with this problem. It can
easily protect itself by punishing the offenders and putting them
behind bars. Sometimes, unfortunately, there is no other alternative
when all other efforts for reform have failed and there seems to be
nothing left but to put a wall between the delinquent and the
community which he refuses to join but rather prefers to challenge.
The main effort, I think, should be aimed at preventing the
delinquency-prone youth from getting to the point where there seems
to be no way back. Our cities seem to be full of young people who
neither study nor work, who feel they do not belong anywhere, and
therefore seem to be heading for trouble. Most of them are pupils with
long records of absenteeism and failure, school dropouts raised in
broken homes or even in very affluent families, but finding it hard to
adjust to the demands of society. For many of them, violence and
petty crimes are actually a cry for help that the establishment must not
disregard.
Different educational projects have been initiated to meet the needs
of these young disoriented people, to catch them in time. The idea
behind those projects is not to preach or threaten, but to provide a
positive alternative. Social workers and teachers working in
problematic neighbourhoods have successfully organized groups of
such youngsters directing them towards productive work in their
environment. For instance, groups of teenagers in a small town in the
south of Israel have converted a deserted lot into a pleasant
playground and have turned a dilapidated building into a community
centre. This work provided the youngsters with an opportunity to learn
skills that might help them cope with life later on. Besides, doing
something for the community made them feel part of it for the first
time, thus giving them a sense of belonging. The neighbourhood
people were at first sceptical of these long-haired youngsters, but
once their dedication and good-will were proved, the attitude changed.
This helped those boys and girls gain that self-esteem which they had
pretended to scorn but had actually longed for.
The army is making a great effort to offer these youngsters a new
opportunity to find their way in life. Sometimes completely illiterate
youngsters with a police record are drafted and given a chance to
learn a skill, serve their country and start their civilian life being better
equipped to cope with their problems. If schools and employers were
84
to follow the example set by the army, there might be a better chance
for these misguided young people and for all of us to have a better
and more meaningful life.
Ex.3. Find in the text the English equivalents for the
following words and phrases:
Выяснить
мотивы,
антиобщественное
поведение,
саморазрушение, угроза, торговля наркотиками, бессмысленный,
избегать, ценность, вера в ..., уважение к ..., решать проблемы,
прибегнуть к насилию, склонный к правонарушениям, быть
нацеленным
на
...,
приспособиться
к,
удовлетворять
потребности, преобразовать, обеспечить кого-либо чем-либо,
приобрести навыки, справляться с …, отношение, самооценка,
прилагать огромные усилия, возможность, безграмотный,
подрывать основы общества.
Ex.4. Translate from Russian into English.
1.
Социологи
пытаются
выяснить
причины
антиобщественного поведения молодых людей.
2.
Мы должны приложить все усилия, чтобы не дать
молодым людям совершить преступление.
3.
Молодежь
пытается
убежать
от
пустой,
бессмысленной жизни.
4.
Антиобщественное
поведение
ведет
к
саморазрушению.
5.
Молодым людям надо дать навыки, которые могли бы
им помочь справиться с жизненными проблемами.
6.
У ребят повышается самооценка, когда они делают
что-либо полезное для общества.
7.
Чтобы не дать молодым совершить преступление,
общество
должно
предложить
им
положительную
альтернативу.
INTERVIEW WITH DAVID: PREVENTING JUVENILE CRIME
In this section you will hear David, a young man who works
with high school students before they go to college, talk about
the importance of preventing juvenile crime.
85
Vocabulary. Here are some words and phrases from the
interview with David printed in bold and given in the context in which
you will hear them. They are followed by definitions.
I think the media exacerbates [ig'zæsəbeit] the problem: makes
worse
We have thousands of security guards in the schools and metal
detectors, too: machines that can detect guns, knives, and other
weapons made of metal
And the kids get searched as they go into school: physically
examined to see if they have weapons or illegal drugs
They are more likely to lash out and become violent: express anger
Put them on a one-to-one basis and they’re usually very friendly: with
one other person
The problem is that social support systems have really fallen apart:
government and private organizations that give people help and
encouragement / become worse due to lack of money
The funding for programs like these has been cut: money
But we also need harsher punishments: stronger, more serious
Drug crimes carry a maximum sentence of twenty years or life
imprisonment: punishment
Ex.1. Read the following questions. Listen to the interview and
take notes about the answers to the questions.
1.
What does David think causes young people to commit
crimes?
2.
How do kids feel about school? Why?
3.
Does David believe that violent kids are products of their
social environment, or that they have natural, biological
tendencies to that way?
86
4.
What kinds of programs does David think schools should
organize?
5.
Does David believe in harsh punishments?
Ex.2. Following is a paraphrase of the interview with David. Fill in
the blanks using your own words. In some cases you will need to write
more than one word.
David says that the … … … and the … … … exacerbate the problem
of juvenile crime. He believes that kids are essentially… … …. He
thinks they need more … … … systems and after-school activities. He
also thinks they need good role models. However, he believes that if
someone does commit a crime, the punishment should be … … …,
but … … … .
PEER PRESSURE
You are going to read an article about a new method of
dealing with young offenders recently pioneered in the USA.
Ex.1. Skim the text to find the answers to the questions
below.
1.
What is the new method being tried out?
2.
How successful is it? What is the main reason for its
success?
PEER PRESSURE
►An armed police bailiff guards the proceedings and the blackrobed judge is "your honour". He addresses the jury as "ladies
and gentlemen" but there any resemblance to an orthodox American
court ends. These jurors are not even voting citizens. They are
fellow juvenile miscreants who judge their contemporaries in a
unique youth court in San Francisco aimed at halting delinquency at
its first manifestation. It is attracting widespread notice for its
astonishing success; a re-offending rate оf only five per cent
compared with over a third for the mainstream juvenile system.
87
►To a foreign visitor, the youth court's replacement of a punishing
judge with a true jury of peers is most intriguing in an authoritarian US
legal system that jails more of its citizens than any other
industrialized nation. The court handles only minor offences: drinking
alcohol, vandalism, graffiti, and battery. The most common is petty
theft, often shoplifting. As all offences have been admitted
beforehand, there is no trial. Names are withheld and schools
concealed to avoid factionalism and possible gang identification.
►On this Wednesday evening, 42 youngsters file in for jury service
in a court normally used for civil litigation. As the hearing begins, the
jurors cast knowing looks at the first defendant whom we will call
John. Like him, they are admitted offenders. Indeed, sitting on these
juries is part of their rehabilitation. After John admitted his offence,
his parents agreed to co-operate with the court to avoid the harsher
route through the juvenile court system. John, nearly 17, has
shoplifted two Walkmans and three cartons of cigarettes from a
discount store. The police report says he was with his mother when
he concealed the items in specially tapered baggy trousers. John
says that it was the first time he had stolen and that the goods were
intended as Christmas presents to save money. Then he awaits
jurors' questions.
►They are hard and shrewd. The judge tells me afterwards that the
jurors are tougher on defendants than adults would be. One boy
does not believe that it was John's first time because he went about it
too professionally. A girl asks sarcastically "How would your friend feel
about your Christmas present if he was busted for receiving stolen
goods?" Another juror puts a question encouraged by the
counselors, "How did your offence affect the community?"
►The jury retires to private deliberations, while another panel
takes its place to deliberate on another case. Later, John's jury
returns with a sentence. John receives 85 hours of compulsory
community work (which will probably include jury duty) plus 400-word
apologies to the store and his mother. He must also write 850 words
on "thinking before acting" and another 850 on the consequences of
stealing. The programme requires that parents also attend
counselling, and the director of the scheme has received grateful
letters from parents marvelling at how family life had improved as a
result of being forced to examine what was wrong in their relationship
with their children.
►The success rate of the programme is attributed to the children
being involved in the process; the offenders understand why they
88
need to be rehabilitated. The problem with the regular juvenile
system is that by the time they get to court they may have broken the
law several times.
►The session ends with a harangue from the formidable police
supervisor; a juror has disrespected the court with inappropriate
clothes. Her peers add ten extra community hours on her then and
there. Tough justice, juvenile style.
Vocabulary notes:
Peer
Miscreant (n)
Halt (v)
Offend (v)
Battery (n)
Factionalism (n)
Litigation (n)
Shrewd (adj)
Bust (v)
Deliberate (v)
Harangue (n)
Formidable (adj)
Bailiff
[piə]
[‘miskriənt]
[ho:lt]
[ə'fend]
[‘bætəri]
['fæk∫ənəlizm]
[liti'gei∫ən]
[∫ru:d]
[di'libərit]
[hə'ræŋ]
['beilif]
Сверстник
Негодяй, злодей
Останавливать
Совершить проступок
Избиение
Групповщина, раскол
Судебный процесс
Проницательный
Арестовывать
Совещаться
Страстное обращение
Грозный
Судебный пристав
Ex.2. The following questions will help you to interpret both the
factual and implied information in the text. Decide if each statement is
true or false and underline evidence in the text to support your answers.
1.
A jury in an American court would normally be addressed
as ‘ladies and gentlemen’.
2.
Offenders sentenced in San Francisco’s Youth Court are
unlikely to commit crimes in the future.
3.
The writer implies that the legal system of the USA is in
general excessively harsh.
4.
The court has to decide whether the offenders are guilty
of minor offences or not.
5.
In order to protect the victims of the crime, some
information is not revealed.
6.
It is hoped that sitting on the jury will encourage young
89
people not to re-offend.
7.
In the Youth Court, John was found guilty of stealing
items from a shop.
8.
The writer implies that the punishments suggested by
the jury are often rather too severe.
9.
The jury questioned John to make him think about the
implications of what he did.
10.
Punishment may involve sitting on a jury for another case.
11.
The Youth Court is part of a wider programme aimed at
helping young offenders and their families.
12.
One member of the jury is given an additional
punishment by the police supervisor.
Discuss your reaction to the Youth Court.
What are the advantages and disadvantages?
Would this system be appropriate in your country? Why/Why not?
Guardian Angels
Ex.1. You are going to hear a conversation between a
husband and wife. Listen and decide if the following statements
are True or False.
1.
Guardian Angels began in America and have since come
to Britain.
2.
Only a few of them are paid or carry guns.
3.
The Guardian Angels do not aim to hurt anyone.
4.
There is a 3-month period in which they are taught
different skills.
5.
They do not like to involve the police if they can avoid it.
6.
The official police view about the Guardian Angels is quite
negative.
7.
The view of the police on the streets is quite positive.
8.
The man and woman having the conversation basically
have the same view about the Guardian Angels.
90
Discuss the following statements:
Ø The Guardian Angels are a useful and necessary idea. Citizens
should take more responsibility for preventing crimes.
Ø There shouldn't be a need for groups like the Guardian Angels.
Ø The Guardian Angels are a dangerous idea. Keeping law and
order must be left to the police.
YOUNG CRIME BUSTERS WIN PRAISE
Ex.1. Look at the headline of the news report below. Using
these questions, predict what the report will say.
Who is the report about?
What is unusual about them?
What have they succeeded in doing?
Ex.2. Read the report quickly and check your predictions.
Swedish ten year olds are learning the ways of Sherlock Holmes and helping to cut crime in their home town. Alex Farnsworth
(Stockholm)
1
An elite force of detectives has had a dramatic effect оп the crime
rate in the Swedish town of Uppsala. But the hundred members of
the crack squad are no ordinary crime busters - they are only ten
years old.
5
The youngsters work under Goran Harde, a policeman who has
been running a detective training course for the past five
years.
Harde, a 25-year veteran of the force, boasts
that he has “one hundred small detectives and the lowest crime
rate in town”.
10
Recently, when a woman went missing from an old people's home,
Harde called the local school and asked them to “let out his
detectives”. Within half an hour they had found her sitting in a
cafe.
When a bicycle is reported stolen, an almost daily
91
15
occurrence in the university town, Harde sends out his “Emil and
the Detectives” team. The children trace and return an average of
three bicycles a week. In return they receive a pass to the local
swimming pool.
20
The young detectives are Harde's eyes and ears and each of them
is responsible for an area close to his or her home. If they see
anything suspicious, they report it to their chief. Following a recent
robbery in Uppsala, the police saw the get-away car head into
Harde's district.
“I gave the car number to my
children,” he said proudly. “Within an hour and a half I could
confirm to my bosses that the car was not in my district.”
25
30
Every Monday evening, the detectives attend their training
courses. They study the Detectives' Handbook, learn the art of
fingerprint brushing and watch non-violent mystery classics.
They are also sent on fact-finding missions. The
school transforms the town council dining room into a bustling
forensic laboratory of which Sherlock Holmes would have been
proud.
35
The year-long course is for twenty young detectives, after which
the children receive a diploma.
Seventeen are
chosen for the course on a first come, first served basis; the last
three Harde chooses himself from problem families.
40
By offering fun-filled detective classes, Harde hopes to encourage
a sense of civic responsibility in his pupils and to foster a situation
in which society can police itself. He claims that the detective club
is more than just a novel approach to police work. He believes it is
an investment in the future. The children who are involved in the
programme are much more likely to grow into responsible lawabiding citizens. They also get lots of fun out of the experience.
One young detective, Anna Egenalm, said she
doesn't share her knowledge with her friends: “It's a secret,” she
declared.
45
92
Ex.3. EXAM PRACTICE. Seven sentences have been removed
from the news report. Choose from the sentences A - H the one
which fits each gap (1-7). There is one extra sentence which you
do not need to use.
A
B
C
D
E
F
G
H
This is a pretty impressive success rate for the young
detectives.
The scheme has grown in popularity since it was launched in
1987.
The course is so popular that there are not enough places for all
those who apply and a selection has to be made.
There was no time to lose, so the young sleuths were called in.
It is all much more fun than ordinary lessons.
Harde is quick to point out that the children are never asked to
do anything dangerous.
They called their boss, who had her returned safely to the old
people’s home.
There is a feeling of belonging to a group with a common
purpose.
Ex.4. Answer these questions about the text:
1.
Which famous detectives are mentioned in the text? What
do you know about them?
2.
What types of cases are the young detectives asked to
solve?
3.
What skills are the detectives taught?
4.
What are the advantages of the young detectives
programme?
5.
What kind of work could young detectives do in your town?
Gang mayhem grips LA
Ex.1. Fill the gaps using key words from the text.
backfires
a crackdown
turf
bury
a gang
unprecedented
to ruin
summit
impoverished
to mourn
93
1.
… … … is a group of young people who spend time together
and often cause trouble.
2.
When you … … … a person, you put his or her dead body in the
ground.
3.
… … … is to feel sad because someone has died.
4.
… … … is an area that a group considers to be their own.
5.
… … … is a strong action taken by the authority to stop a
particular activity.
6.
When leaders hold a … … …, they have a meeting or series of
meetings.
7.
If something is … … …, then it has never happened or existed
before.
8.
If a plan … … … then it has the opposite effect you intended.
9.
If you are … … … then you have little or no money.
10. … … … something is to destroy or seriously damage it.
Ex.2. Skim the text and choose the correct answer.
1. a) Father Boyle buried Jonathan Hurtado.
b) Father Boyle killed Jonathan Hurtado.
2. a) In LA there is a new race war between Hispanic gangs and white
gangs.
b) In LA there is a new race war between Hispanic gangs and black
gangs.
3. a) Cheryl Green was killed by police.
b) Cheryl Green was killed by gang members.
4. a) There were less gang-related crimes last year than the year
before. b) There were more gang-related crimes last year than the
year before.
5. a) The gangs have published a list of the worst gangs.
b) The police have published a list of the worst gangs.
6. a) Homeboy Industries helps young people leave gangs.
b) Homeboy Industries helps young people join gangs.
94
Gang mayhem grips LA
Paul Harris March 18, 2007
Father Greg Boyle keeps a count of the young gang members he has
buried. Number 151 was Jonathan Hurtado, 18 – fresh out of jail. Now
the Jesuit mourns him. “The day he got out I found him a job. He
never missed a day. He was doing really well,” Boyle says.
But Hurtado made a mistake: he went back to his old neighbourhood.
While sitting in a park, Hurtado was approached by a man on a bike
who said to him: “Hey, homie, what’s up?” He then shot Hurtado four
times.
Boyle’s Los Angeles is a world away from the glamorous Hollywood
hills, Malibu beaches and Sunset Strip – the city that David Beckham
and Posh Spice will soon make their home.
Boyle’s Los Angeles is where an estimated 120,000 gang members
across five counties battle over turf pride and drugs. It is a city of
violence as a new race war escalates between new Hispanic gangs
and older black groups. Mayor Antonio Villaraigosa, who has referred
to his city as “the gang capital of America”, has launched a crackdown
on the new threat.
The latest front is Harbor Gateway, a nest of streets between malls
and office blocks. It was here, just before Christmas, that Cheryl
Green, a 14-year-old black girl, died. As she stood on a corner talking
with friends, two Hispanic members of the neighbourhood’s notorious
204th Street gang walked up and opened fire, killing Green and
wounding three others. Traditionally, the outside view of LA gangs has
been of black youths but Hispanic gangs are rising and spreading
across America.
Last year there were 269 gang-related killings in LA. Gang-related
crime leaped 15.7 per cent last year, as most other types of crime fell.
Hate crimes against black people have gone up.
Green’s death made the public aware of the gang war between ‘brown
and black’. Next week a summit will be held called the Black and
Brown Strategy Meeting which aims to head off a race war. “All of the
signs are there that a racial war is going to explode in this city,” says
95
Khalid Shah, director of Stop the Violence, one of the groups
organizing the meeting. “You are looking at an event which could not
only paralyze an entire city but an entire state,” he warns.
Green’s death sparked Villaraigosa’s crackdown. The police took the
unprecedented step of publishing a list of the 11 worst gangs,
including 204th Street. They promised to go after them with police, FBI
agents and injunctions to prevent members meeting. But Angelenos
have seen it all before. The city’s history is full of anti-gang initiatives.
Publishing the ‘hit list’ could backfire. “Putting out a list was a bad
idea. Groups that don’t make the list will want to be on it. They don’t
exactly think rationally,” said Alex Alonso, a gang historian.
Yet there is hope. Alfonso ‘Chino’ Visuet, 23, was sucked into the
gang life as a teenager. There was the lure of excitement and riches,
the push of a difficult home life. “People who join a gang are always
running away from something. They flee to the gang,” Visuet says.
Visuet now works for Father Boyle’s Homeboy Industries, a project
that helps people leave gang life. It provides jobs, an education, pays
to have gang tattoos removed and gives counselling. It aims to
remove the circumstances that lead to crime: poverty, abuse and
unemployment. It is staffed almost entirely by former gang members
and has created a bakery, a silk-screen printers and a restaurant.
It worked for Visuet. He starts college this autumn and wants to be a
probation officer. “I was on the edge of doing something that would
ruin my life, either by doing violence or having it done to me. That’s
over now,” he says.
Visuet despairs at the conflict. “A brown gang member now just sees a
black gang member. What they don’t see is how that person comes
from the same place they do. They might have a mother who is an
alcoholic as well or a father who beats on them. They have the same
story,” he says.
LA is a city of two worlds – Hollywood and gangs. On a two-lane
highway that goes through the middle of Harbor Gateway, a few
hundred yards from where Cheryl Green was shot; there is a billboard
for a new TV show called Sons of Hollywood. It shows three rich
young men against a backdrop of palm trees. It claims to be a ‘reality’
96
show, but for most of the impoverished, racially torn citizens it is
nothing more than a fantasy.
© Guardian News & Media 2007
First published in the Observer, 18/03
Ex.3. Find information in the text and write short answers to
the questions.
1.
What was Jonathan Hurtado’s mistake?
2.
How are Boyle’s Los Angeles and the Beckhams’ Los Angeles
different?
3.
How is the view of LA gangs changing?
4.
What are two consequences of Cheryl Green’s killing?
5.
Why do some people think the hit list is a bad idea?
6.
Why do people join gangs, according to Visuet?
7.
What does Homebody Industries do to help ex-gang members?
8.
What is Sons of Hollywood?
Ex.4. Vocabulary 1: Expressions. Order the words in italics
to make expressions
1.
count of keep to something = to remember or record a number
as it changes over time
2.
make home your to somewhere = to live somewhere
3.
there all the are signs = something is sure to happen in the
future
4.
they seen all it before have = they are used to it
5.
doing edge the on of something = about to do something
6.
fantasy nothing a than more = not real
Ex.5. Vocabulary 2: War vocabulary. Find words relating to
war and conflict in the paragraphs. The first letter has been
given.
1. s__________ (Paragraph 2) 7. k__________ (Paragraph 5)
2. b__________ (Paragraph 4) 8. w__________ (Paragraph 5)
3. w__________ (Paragraph 4) 9. v__________ (Paragraph 11)
4. t__________ (Paragraph 4) 10. c__________ (Paragraph 13)
5. f__________ (Paragraph 5) 11. b__________ (Paragraph 13)
6. o__________ f __________ (Paragraph 5)
97
Ex.6. Vocabulary 3: Phrasal verbs into nouns. Complete the
sentences with nouns made from the following phrasal verbs.
black out
blow up
stop over
hand out
clean up
lay off
1.
On our flight to London we had a two-hour … … … in
Frankfurt.
2.
The family had several candles in the house in case of a…
…….
3.
The company was losing money and there were many…
…….
4.
He’s forty and he still lives on … … … from his parents.
5.
On the wall is a big … … … of a photo of a football player.
6.
After the oil spill, the government launched a large … …
… operation.
Mayor Antonio Villaraigosa, who has referred to his city as “the gang
capital of America”, has launched a crackdown on the new threat.
Discussion
What could be the causes of gang-related crime in a city like LA? Are
there gang problems in your city?
The view of Los Angeles
98
Media, Violence, and Crime
Should television producers be able to broadcast whatever they feel
makes them the most money? In many cases, what makes money has
the potential, in the eyes of some, to be damaging to our youth.
According to some critics, TV, movies, comic books and other forms of
mass media promote too much of violence and crime. They argue that
younger Americans are very impressionable, and seeing cartoon
heroes or other models participating in acts of violence can give them
the wrong idea of acceptable behavior. Therefore, these media forms
need to be more censored to suit the goals of a crime-free community.
On the other hand, some studies have indicated that this link between
television violence and destructive behavior is tenuous at best. Those
against censorship of violence mention the First Amendment
guarantees freedom оf speech and freedom of the press. In addition,
they maintain that it is the responsibility of parents to determine what
is suitable for children, not the government. Such critics also point out
that many "classics" are based in part on violence (most notably, the
Bible, along with the Odyssey, for instance). Finally, they seek to draw
a distinction between mindless violence" and "justified violence" (such
as on the news, on police shows, and some cases of self defense).
What do you think?
Do you feel that the government should ban violence on network
television during hours that minors would be watching it?
Do you feel that there is a definite link between violence on television
or in comic books and anti-social behavior by young people?
Do you feel that if the government did take more steps to block out
violent content in television programming, that they should be
compulsory for networks, or optional?
EXAM PRACTICE. USE OF ENGLISH
Ex.1. For questions 1-15, read the text below and look
carefully at each line. Some of the lines are correct, and some
have a word which should not be there. If a line is correct, put a
tick. If a line has a word which should not be there, write the
word.
99
A woman's fight against crime
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
Valerie Costa started up her career in the struggle against
organized crime when she took on to the difficult job of
warder in a high security prison. She took to the job at
once and was highly successful. Her work impressed the
Ministry of Justice so much that she was taken on order to
help the fight against terrorist groups and drug - traffickers.
Before that she took over, she had already become the
general secretary of the Justice department. She is not
only the first woman to take up such a position in the
government, but even also the first woman to be placed at
the head of the war against organized crime. She yet does
not think that being a woman makes any difference to her
role: 'I am not making exactly the same sacrifices as the
men who had the job before me. I am taking up the story
from where they left off - that's all.'
Ex.2. For questions 1-10, read this text. Use the word given in
capitals at the end of each line to form a word that fits in the
space in the same line.
Kidnapped!
The Metropolitan роlice have launched a nationwide
hunt for the (1) … … … of a wealthy businessman,
Charles Webster, who was held for ransom at the
weekend.
The police are offering 25 000 pounds for (2) … … …
leading to the arrest of the(3) … … … Webster,
chairman of the famous chocolate factory Candberry
Sweets and father of three, was released on
Monday after his (4) … … … paid a ransom of nearly
one million pounds. The
three wanted men are all highly (5) … … …, escaped
convicts.
Webster told (6) … … … how his ordeal began last
Friday morning as he was on his way to work. The 55year-old (7) … … … was dragged from his car at
gunpoint by two men who took him to an (8) … … …
100
KIDNAP
INFORM
CRIME
RELATE
DANGER
JOURNAL
BUSINESS
KNOW
destination. They then telephoned Webster's brother,
who is also the family (9) … … …, demanding a LAW
ransom of a million pounds and warning him not to
involve the police in (10) … … …. On Monday NEGOTIATE
morning, the two sides came to a compromise
agreement and the kidnappers released Webster in
exchange for 850 000 pounds.
Ex.3. Read the text and choose the correct alternative to fill
each gap. As you choose, look at each of the four words in the
context of the complete sentence and think about its exact
meaning and its grammar.
THE CRIMINAL THEY CAN’T LOCK UP
Burglar, 14, walks free for 33rd time
By Christian Gysin
Britain’s most persistent young burglar walked free for the 33rd
time yesterday.
Two hours later the politicians promised to take action against
tearaways who the law says are too young to be (1) … … … up.
Youngsters aged between twelve and fifteen who repeatedly (2)
… … … crimes will be held in ten new “secure training centres” for up
to two years.
The 14-year-old, in (3) … … … yesterday, was responsible for a
mini crime wave near his home totaling £58, 000. As he was (4) … …
… his worried mother said, “I really thought he would have been
locked away.
I’m worried that he’ll be out (5) … … … it again before the
week’s out.”
Her son had (6) … … … clothes worth £28,000 and (7) … … …
into the same branch of one particular shop three times in one week.
He played with the laces of his £100 trainers as the court heard he
had also (8) … … … his local chemist’s at least six times.
101
Before one (9) … … … a shop assistant was even handed his
“calling card” marked with his initials and advising: “Ring the police”.
The boy, who cannot be identified for (10) … … … reasons, (11)
… … … seven charges of burglary and asked for another 24 to be
taken into (12) … … … .
The court heard he was too young to be remanded in custody
and that there was no place for him in secure accommodation.
The boy’s mother added after the (13) … … …: “I just find it
astonishing that nowhere can be found for him. I’ve (14) … … … him
he’s living on borrowed time.
I’ve tried – but I can’t (15) … … … him.”
1
A
put
B
closed
C
locked
D
jailed
2
A
commit
B
do
C
make
D
practice
3
A
trial
B
court
C
dock
D
cell
4
A
releasing
B
freed
C
innocent
D
unlocked
5
A
making
B
taking
C
burgling
D
doing
6
A
robbed
B
hijacked
C
stolen
D
pickpocketed
7
A
broken
B
dropped
C
popped
D
smashed
8
A
taken
B
stolen
C
burgled
D
shoplifted
9
A
raid
B
action
C
rave
D
steal
10
A
criminal
B
illegal
C
law
D
legal
11
A
denied
B
admitted
C
confessed
D
accused
12
A
consideration
B
thought
C
mind
D
understanding
13
A
court
B
custody
C
crime
D
trial
14
A
criticized
B
explained
C
warned
D
pleaded
15
A
check
B
control
C
limit
D
prevent
102
EXAM PRACTICE. WRITING
Ex.1. Here are the topic sentences of an article called “What
makes young people commit crimes?” Which paragraph do you think
each one belongs to? Write your answer in the table below.
N.B. The first sentence of a paragraph tells you the topic of that
paragraph. It is called the topic sentence.
What makes young people commit crimes?
a.
Secondly, social conditions such as poverty and drug
addiction are important.
b.
Firstly, lack of discipline at home and at school could be
the cause.
c.
In conclusion, there are many factors which have caused
an increase in crime among young people.
d.
More and more people under the age of sixteen are
involved in crime.
e.
Finally, the police may also be to blame.
Paragraph
Topic
sentence
Other
sentences
1
2
3
4
5
Ex.2. Here are the remaining sentences in the article. Which
paragraph does each one belong to? Add each sentence to the table.
(Some paragraphs have three sentences, others only two.) Underline
the words or phrases which helped you decide the correct order of
each sentence in the article.
f.
g.
h.
They often ignore minor crimes.
At school also, teachers cannot control large classes.
It is difficult to know which of them is the most responsible,
103
or how the increase can be stopped.
i.
In other cities, such as New York, young drug addicts
commit crimes so as to be able to buy drugs.
j.
Young people often grow up without any firm idea about
the difference between right and wrong, because parents are too
busy working to guide their children.
k.
Consequently, many young people feel they can get away
with things like theft.
l.
There are many possible reasons for this.
m.
In some cities, London for example, there are groups of
homeless teenagers who steal in order to eat.
Ex.3. Read the essay. As you read, take notes, putting them in
the flow diagram below:
Effective measures for counteracting
violence in our cities
The first point that has to be clarified here is the meaning of the word
violence. There are, after all, many types of violence in our cities,
ranging from baby battering to the suppression of political
demonstrations by police. For the purposes of this essay I shall limit
discussion to the violence which most concerns city dwellers in Britain
nowadays: riots, robbery and physical assault on the streets.
What measures can be taken to combat this kind of violence? Well, to
begin with, it is often argued that violent crime should be punished
more severely. That is to say, more offenders sent to prison, longer
prison sentences, and even the reintroduction of the death penalty.
The first two ideas seem reasonable, but ignore the problem that our
prisons are already full, and also that ex-prisoners are more likely to
commit crime than other people. In addition, it is very expensive to
keep people in prison. As for the death penalty, there is no hard
evidence that it has any effect on the commission of crimes.
Punishing crime more severely, then, does not seem to work.
A more effective measure would be to improve the service provided by
the police. Many people would say that British policemen should carry
guns, but I do not agree, since this would lead to more guns being
used by thieves, and consequently more violence, probably involving
104
innocent bystanders. Also, we must remember that not every
policeman is psychologically fit to carry a gun. Nevertheless, certain
changes can be made. Firstly, the size of the police force could be
increased, by improving salaries and conditions. Equally importantly,
the police should receive better training, so that they can deal
effectively with trouble without becoming unduly violent themselves.
Clearly, a large, well-trained police force must be an important factor
in any attempt to tackle crime.
However, none of these ideas deals with the root of urban violence,
and that is what I shall turn to for the rest of this essay. It has been
said that the stress caused by just living in a modern city is an
important factor in making people violent. This may be true, but little
can be done about it, since we can hardly all return to the countryside.
Similarly, it might be argued that people are naturally violent, and that
the only solution is to change ourselves from the inside. Religion,
meditation, psychoanalysis and so on might be helpful in this respect,
but it is difficult to optimistic.
It seems to me that another idea might offer more hope. I believe that
street crime is mainly caused by the predicament of many young
people on leaving school: that is to say, unemployed with no money
and with little hope for the future. No amount of punishment and no
police force deter young people from taking to a life of crime when the
law-abiding life which is the alternative is empty of hope, interest and
achievement. The solution is clear. The government must ensure that
jobs are provided for young people. Until young people have work,
money and hope, it will be impossible to walk safely in the streets.
FLOW DIAGRAM
PARAGRAPH 1
Topic sentence for paragraph:
Amplification: many types of violence
Statement of intent:
PARAGRAPH 2
Topic sentence for essay:
Topic sentence for paragraph: punish more severely
105
Restatement of idea
Objection
Restatement of idea
Longer sentences
Objection
Restatement of idea
Objection
expensive
Objection
Conclusion for paragraph:
PARAGRAPH 3
Topic sentence for paragraph:
Idea mentioned:
Objection
Objection
Change direction: changes can be made
First idea:
How achieved:
Second idea and reason why:
Conclusion for paragraph:
PARAGRAPH 4
Topic sentence for rest of essay:
Idea mentioned:
Idea mentioned:
Objection
Objection
PARAGRAPH 5
Topic sentence for paragraph: another idea / hope
Opinion:
Restatement: unemployed / broke / without hope
Amplification:
Recommendation:
Conclusion for essay:
Ex.4. Reproduce the essay based only on your diagram.
106
GRAMMAR PRACTICE
(1) EXPRESSING PURPOSE
You can show purpose in one of these ways:
1. to + infinitive
Do you eat to live, or live to eat?
so as to I in order to I so as not to I in order not to
These are more formal than the simple infinitive:
Some homeless teenagers steal in order to eat. Some homeless
teenagers steal so as not to starve.
2. so that I in order that + modal verb + verb
Young drug addicts commit crimes so that they can buy drugs.
The bank robbers wore masks so that they couldn't be recognised.
“In order that” is more formal than “so that”.
3. in case
When you talk about taking a precaution (doing something because
something bad may happen), you use “in case”. The verb in the “in
case” clause is in the present tense, even though you are talking
about the future:
The President wears a bullet-proof vest in case someone shoots him.
Ex.1. Complete the second sentence so that it means exactly
the same as the first.
1.
Holmes followed the man to find out his address. Holmes
followed the man so that … .
2.
I am sending you out of class since you are violent, rude
and lazy. I am sending you out of class because of … .
3.
He isn't tall enough to become a police officer. He's too ….
4.
Some police carry guns because they may need to defend
themselves. Some police carry guns in case … .
5.
On account of your clear explanation I understand the
situation. Because you … .
107
6.
The class is too large for that teacher to control. That
teacher has such … .
7.
The bank uses a video camera so that robbers will be
discouraged. The bank uses a video camera to … .
8.
If she wasn't so young, the judge would send her to prison.
The judge won't send her to prison as … .
9.
At the traffic lights my brother was driving too fast to stop.
At the traffic lights my brother was driving so … .
10. Lock all the doors and windows in case there are burglars
in the neighbourhood. Lock all the doors and windows because … .
TEST “CRIME”
1. Give the full definition of the following words:
To hijack, an arsonist, evidence,
manslaughter
an alibi, a magistrate, a
2. Use the correct tense and voice forms of the verbs in brackets:
A violent crime (to occur) every 31 seconds. According to FBI figures,
in a 24-hour period, there (to be) 53 murders, 1,400 assaults and 180
cases of rape in the United States. And the rate of these crimes (to
continue) to grow.
“It is an old saying around here that the victim of the crime actually (to
victimize) twice: once by the criminal and once by the criminal justice
system,” (to say) the head of an agency that (to help) victims of crime.
This agency (to put) together a book, entitled "The Criminal Injustice
System”, which (to note) that the criminal (to have) only a 20 percent
chance of being arrested.
If criminals (to arrest), they (to advise) on their legal rights and (to
give) medical treatment if they (to require) it. If they can’t afford to hire
their own attorney, one (to give) to them at the government's expense.
They then (to get) a hearing and bail (to set). If their bail (to pay), they
(to release) and (to tell) to appear on the set trial date.
The trial itself (to offer) a number of options to the criminal. The
defense (to have) the right to answer the changes that (to make),
prove certain evidence to be inadmissible and postpone the trial's
108
proceedings.
3. Translate From Russian into English:
1.
Из-за отсутствия улик и свидетелей полиция решила,
что эта кража со взломом квартиры была тщательно
спланирована.
2.
Пока не доказано, что преступники, которые отсидели
в тюрьме или в исправительном учреждении, выходят
морально исправленными и неспособными совершить
правонарушение.
3.
Пресса часто обвиняет телевидение в том, что оно
слишком много показывает насилия (на экранах) и молодежь
принимает это за норму поведения.
4.
Хотя заключенного тщательно охраняли днем и ночью,
ему каким-то образом удалось бежать из камеры.
5.
Ее
шантажировал
человек,
который
угрожал
рассказать ее работодателю все о ее прошлом.
109
ADDITIONAL MATERIALS
Law and Order in the Mirror of Interpreting
В настоящее время устному переводчику как никогда ранее
приходится сталкиваться с юридической терминологией, и не
только непосредственно в связи с судебными конфликтами и
разбирательствами, но и в сфере экономики и даже все более
часто в повседневной действительности (нотариальные акты и
действия, расследования ДТП, произвол милиции и пр.).
Поэтому
«юридическая
грамотность»,
причем
как
на
иностранном, так и на родном языке, знание основ
законодательства и особенно соответствующая терминология
должны быть "on the tip of your tongue".
Law & Security
Some Useful Legal Terms to Remember:
a letter bomb
to be convicted of smth (on
charges of)
to pass a verdict
to sentence to
to acquit
trial by jury
to appall
haven
to overturn
Prosecutor General
to rule = to pass a decision
to take smb into custody = to
arrest
with confusion
burgeon - зд. flourish
to pin on
бомба в конверте
обвинить в
вынести приговор
приговорить к
оправдать
суд присяжных
ужасать
зд. a place free from
опротестовать
генпрокурор
постановить
задержать кого-то);
зд. непоследовательно
яркая
и
противоречивая
личность
зд. приписать
110
The unsolved I986 murder of Prime Minister Olаf Palme returned to the
spotlight.
Lawyer Pelle Svensson said his client, Lars Tingstrom, known as the Bomb
Man after being convicted twice on explosive charges, disclosed on his
deathbed that he was part of a gang of four people involved in the murder.
The lawyer said Mr Tingstrom had told him in a confession, part of it written
and part of it oral, that he had planned the murder from his prison cell to
take revenge on a society he hated.
"It was Tingstrom who ordered the murder," Mr Svenson told the daily
newspaper. "In total, there were four people, of whom two still are alive."
Mr Svensson told Swedish media the gang consisted of Mr Tingstrom,
Christer Pettersson - who was convicted of Mr Palme's murder in 1988 but
later acquitted - a former bank robber and an explosive expert, now dead.
But Mr Svensson said the primary target for the group was Sweden's king,
Carl XVI Gustaf, not Mr Palme.
Mr Svensson said Mr Tingstrom's hatred of society was the motive for the
crime. The murderer, he said, claimed he had been wrongly convicted when
he was sent to prison for five years in 1979 for sending a letter bomb to a
former business partner.
“The International Herald Tribune”
Sweden Seeks New Trial
After eight years of investigation turned up new witnesses to the killing
of Prime Minister Olaf Palme, officials Friday sought a new trial of the
man once convicted of the crime.
The crime deeply appalled Swedes, shaking their belief in the
country's being a haven from violence and the failure to solve it has
pained and frustrated them.
But now "we have a significantly better picture of the events" of Feb.
28, 1986, when Palme was gunned down on a main Stockholm
avenue, Assistant Prosecutor General Solveig Riberdahl said at a
news conference.
The shooting took place as Palme and his wife, Lisbeth, walked home
111
from a movie theater without bodyguards. Lisbeth Palme's
identification of Christer Pettersson, a small-time criminal, as the
gunman was key testimony.
Pettersson was convicted in 1989 of the killing, but later that year a
higher court overturned the conviction on grounds of insufficient
evidence and ordered the state to pay Pettersson about $50,000 in
compensation.
Prosecutor General Klas Bergenstrand submitted to the Supreme
Court a 33-page application for a new trial, summarizing new
evidence. The high court is not expected to rule before next summer
on whether a trial will take place.
The new evidence includes the statements of four new witnesses, who
either place Pettersson near the theater just before the killing or who
claim to have seen him fleeing the killing site with a gun in his hand,
said Jan Danielsson, the prosecutor who has led the investigation.
Asked whether the witnesses' coming forward so many years after the
killing would undermine their credibility, Danielsson noted that one had
given his testimony in 1989 - not in the trial but after it began to
appear that Pettersson would be freed.
Danielsson said "it would be irresponsible" not to seek a new trial,
considering the new evidence that has emerged.
"Previously, we had only one person - Lisbeth Palme - who pointed
out Pettersson as the killer. Now we have more," he said.
Pettersson, unemployed and a heavy drinker, will not be taken into
custody until the high court decides whether a new trial will be held,
Danielsson said. The court is not expected to make a decision before
summer.
Police have been criticized as responding slowly and with confusion to
the killing, which took place along a broad, well-traveled avenue in
one of the Swedish capital's main entertainment areas.
After Pettersson was freed, frustration grew to the point that a
commission was appointed to investigate the commission
112
investigating the killing.
In the absence of any apparent progress, theories about the killing
burgeoned. Palme was an outspoken and controversial figure, a highly
visible foe of U.S. policy in Southeast Asia and of South Africa's
apartheid system.
Theories ranged from pinning the killing on Kurdish terrorists to a plot
among Sweden's own secret police. Last year, excitement rose
feverishly after a South African convicted of apartheid-era killings said
a South Africa secret agent had been behind the killing.
“The Associated Press”
US Keeps a Million People in its Jails
The prison population in the United States has passed one million for
the first time.
A survey by the Justice Department places America second to Russia
in its rate of incarceration (зд. заключенных) and reflects decades of
demands for tougher punishments.
The study found that 1,012,851 men and women were in state and
federal prisons. on June 30 of this year, roughly the population of
Phoenix, the country's eighth largest city. One out of every 260
American adults is behind bars, and blacks are jailed at seven times
the rate of whites.
In the first six months of the year the prison population grew by
40,000, an average of 1500 prisoners a week. This excludes the
number of inmates in local jails, such as the infamous Rikers Island in
New York, or those awaiting trial.
The level of imprisonment in the United States is more than four times
that of Canada, five times that of England and Wales, and 14 times
that of Japan. Experts say the numbers reflect the higher rate of
violent crime in America and believe the prison explosion is likely to
continue with increased arrests for drug-related crimes.
According to Allen Beck, who helped to collate (сопоставлять
113
материалы) the report, there has been a significant growth in those
imprisoned for assault, robbery, drug and rape charges in the past
decade and local authorities were using jail more frequently than
alternatives.
The American Civil Liberties Union said the figures were the results of
ill-conceived (плохо продуманный), election-driven policies which
only served to lock up disproportionate numbers of minorities who
were often targets for the police. "We need a dramatic shift in policy,"
said Nkechia Taifa, of the Washington office. "The only thing
happening is an overflow of prisoners and the prison population is
getting darker and darker."
"The Times",2007
Беседа со специалистом по британскому праву
Ником Макайвером:
Q: Английское законодательство считается запутанным и
сложным. Не могли бы вы прояснить ряд основных правовых
положений, в частности, криминальное право.
A: The process of criminal justice begins when the police arrest a
suspect. Then they decide whether they have enough evidence to
prosecute — to send the suspect for trial. In serious cases this
decision is made by the Director of Public Prosecutions, who is a
senior law official.
Q: Какова современная система правосудия, какие виды судов
существуют в стране?
A: If you are prosecuted for a crime in Britain, you may meet the
following people during your process through the courts:
Magistrates are unpaid judges, usually chosen from well-respected
people in the local community. They are not legally qualified. They
are guided on points of law by an official, the clerk. There are
magistrates' courts in most towns.
Q: Несколько слов о правах подозреваемого. Кто берет на себя
его защиту?
114
A: After the accused person has been arrested, the first person
he or she needs to see is a solicitor. Solicitors are qualified
lawyers who advise the accused and help prepare the defense
case. The solicitor may represent the accused in court. A person
who is too poor to afford a solicitor will usually get legal and
financial help from the state.
Q: А как насчет действительно серьезных правонарушений?
A: In more serious cases, or where there are special legal
difficulties, it is usual for the solicitor to hire a barrister to
defend the accused. The barrister is trained in the law and in the
skills required to argue a case in court. The barrister for the
defense will be confronted by his or her opposite number, the
prosecuting barrister, who represents the state. Legal aid is
available to pay for defense barristers.
Q: Из кого состоит жюри присяжных? Как действует эта система у нас в России она пока еще в новинку?
A: A jury consists of twelve men and women from the local
community. They sit in the Crown court, with a judge, and listen to
witnesses for the defense and prosecution before deciding
whether the accused is guilty or innocent. In Britain a person, is
innocent unless found guilty: the prosecution has the burden of
establishing guilt.
Q: Что можно сказать о судьях, их подготовке и квалификации?
A: Judges are trained lawyers, nearly always ex-barristers, who
sit in the Crown court (and appeal courts). The judge rules on
points of law, and makes sure that the trial is conducted properly.
He or she does not decide on the guilt or innocence of the accused
- that is the jury's job. However, if the jury find the accused
guilty, then the judge will pass sentence.
«Англия»
115
An Interview with Professor Mikhail Barshchevsky
(Ph.D.),
a trial lawyer, member of the Moscow Bar Association
Q: In the West lawyers are among the best paid professions and
enjoy a high social prestige. What about today's Russia?
А: Как нельзя сравнить российского банкира с западным, так
нельзя сравнивать с западным и российского адвоката, потому
что общество еще другое, но тенденция медленно начинает
прослеживаться. На Западе ведь тоже не все адвокаты могут
зарабатывать. В процентном отношении, условно, 70% западных
адвокатов хорошо зарабатывают, 30% плохо. У нас, я бы сказал,
2 - 3% адвокатов зарабатывают достаточно адекватные деньги, а
97- 98% на порядок ниже, чем они должны были бы зарабатывать
в нормальном обществе.
Q: Have you ever felt pressure or faced clear and apparent
danger to your personal security given the crime rate in Russia?
А: Скажем так, объективных проявлений давления или угрозы
безопасности пока не было. Здесь много есть объяснений. Я не
веду дела, связанные с криминалом. В криминальных разборках
(conflicts) я не участвую ни формально, ни неформально, никак.
Хотя, конечно, и «хвост» (to be followed) мне за собой
приходилось наблюдать. И то, что в настоящее время мои
телефоны прослушиваются (bugged), я знаю. Догадываюсь, кем,
но мне это как бы не очень интересно, потому что мне скрывать
нечего. Все равно тактику работы по любому делу я по телефону
обсуждать никогда не стану. Такова национальная традиция в
нашей стране: телефон это средство связи, а не общения. Но
если бы вы задали вопрос, то я бы сказал - бывает; И это не
издержки (dark sides) моей профессии - это издержки нашего
общества.
Q: What cases if any appeal to you personally from the moral or
ethical point of view?
A: He надо сводить работу адвоката только к ведению дел.
116
Бизнес-адвокат (а я, в первую очередь, бизнес-адвокат) - это
адвокат, который помогает клиенту построить его бизнес таким
образом, чтобы не было судебных дел. Поэтому я считаю, что я
хорошо работаю, если мой клиент через год мне говорит:
«Михаил Юрьевич, а я как бы не очень понимаю, за что я вам
деньги плачу». Вот если он не понимает, за что он платит мне
деньги, но продолжает пользоваться моей помощью, значит, я
хорошо работаю.
Legal Basics
Basic Legal Terms:
accomplice
complicity
acquittal
allegedly
соучастник
соучастие
оправдание по суду
как утверждают, будто бы, якобы
In law, to allege means "to declare something under oath" or "as if
under oath".
prosecuting attorney
district attorney (U.S)
Attorney General
Procurator General
to release on bail/to grant bail
on a charge of
false/framed-up/trumped-up
charge
conviction
to overrule/reverse a conviction
to convict
to take a matter to court
представитель жалобщика на
суде, прокурор
окружной прокурор
генеральный прокурор (англ.),
министр юстиции (ам.)
генпрокурор (in other than the
English-speaking
countries),
Prosecutor General
освободить под залог
по обвинению в
ложное обвинение
обвинительный приговор
аннулировать обвинение
признать виновным
подать, обратиться в суд
117
to settle a matter out of court
to summon somebody to court/to
subpoena somebody
contempt of court
court ruling
to institute criminal proceedings
against
to take into custody
to remand in custody
the dock
to be on the dock
to plant evidence on somebody
frame-up
уладить дело без суда
вызвать в суд
неуважение к суду
судебное определение
возбудить
уголовное
дело
против
взять под стражу
задержать под стражей
скамья подсудимых
быть на скамье подсудимых
подбросить улики
судебный фарс, суд по ложному
обвинению
to frame a person
судить по ложным обвинениям,
ср. «подставить»
indictment [in'daitmant]
обвинительный акт
to indict [in'dait] somebody
предъявлять обвинение
to serve/sit on a jury
быть членом суда присяжных
law-enforcer
блюститель закона
law-enforcing bodies (agencies) правоохранительные органы
to outlaw something
поставить вне закона, запретить
legal action / suit
иск, тяжба
to bring action / suit against
возбудить дело против
to legalise something
узаконить
to
subject
somebody
to подвергать преследованиям
persecution / to persecute
somebody
to suffer persecution
подвергаться преследованиям
to serve a term in prison
отбывать срок в тюрьме
a suspended/nominal sentence
условный приговор
to pass sentence on somebody
вынести приговор
to quash/void (U.S.) a sentence
аннулировать приговор
to commute a death sentence to заменить
смертную
казнь
life imprisonment
пожизненным заключением
to put somebody on trial/ to отдать под суд
commit somebody for trial
to try somebody for something
судить за что-либо
118
to return / bring in a verdict
a verdict of guilty//not guilty
to swear in a witness
вынести решение, приговор
обвинительный//оправдательный
приговор присяжных
приводить свидетеля к присяге
Administration of Justice in the U.S.A. and the UK
Guilty or not guilty?
Persons offending against the law are summoned before a court of
law. The summons issued by a court states the charges moved
against the offender by the persons suing him. When a defendant is
brought before a court the charge is read out to him and he is asked
whether he pleads guilty or not guilty. If he pleads guilty, he is
sentenced by the court. If he pleads not guilty, a jury of 12 persons
must be formed and summoned to attend the court. When the jurors
are sworn in, the trial proceeds.
The trial is carried on by opening the case for the prosecuting party
and hearing the evidence of the witness for the prosecution. On the
completion of the plaintiff's case and evidence, the defendant's case is
stated and evidence is heard in support of it.
Defense
The accused is entitled to be defended by counsel. Witnesses for the
prosecution may be cross-examined by the accused or his counsel
and the accused may call witness or give evidence in his own
defense. At the conclusion of the evidence, and after speeches on
both sides, the judge sums up the case to the jury, which considers its
verdict.
If they decide that the accused is not guilty, i.e. if they acquit him, he is
immediately discharged. If the jury return the verdict of guilty,
sentence is pronounced by the judge.
Crime and Punishment
The punishment that can be inflicted for crime are as follows:
electrocution (U.S.); life imprisonment; imprisonment consisting in
corrective training or preventive detention; Borstal (Prison for juvenile
delinquents in London), training, approved (специальные) schools,
detention centres, etc. for juvenile delinquents, i.e. persons between
16 and 21, convicted of offenses punishable with imprisonment; fine -
119
a money penalty, generally imposed for minor offenses; probation placing the offender under the supervision of a probation officer; and
so on.
Appeals
The defendant may appeal against the sentence to the Court of
Appeal. If a point of law of exceptional public importance is involved a
further appeal is permitted to the House of Lords, which is the
supreme judiciary body of Great Britain (in the U.S.A. it is the U.S.
Supreme Court).
Minor vs. Major Offenses
In England, minor offenses are dealt with summarily (i.e. without a
jury) by magistrates' courts presided over by Justices of the Peace
(J.P.s).
* Prison for juvenile delinquents in London.
Juvenile courts are magistrates' courts which deal with young people
under 17 years of age.
Courts of quarter sessions are held four times a year in counties and
boroughs. Their jurisdiction covers all but the most serious offenses.
The most serious offenses, such as murder, can be tried only by the
courts of assize. Assizes are held three times a year in country towns
and in certain big cities. Trial before the assize courts is by judge and
jury. The court of assize for London is the central criminal court, held
at the Old Bailey.
US Courts of Law
The court of the first instance in the United States is the district court.
The districts are grouped into judicial circuits, in each of which is a
court of appeals (a circuit court) to review decisions of district courts
within its territory.
The U.S. Supreme Court is composed of a Chief Justice and eight
Associate Justices all of whom are appointed by the President and
hold office "during good behaviour". Among the cases to which the
federal judicial power extends are all cases arising under the
Constitution and the laws of the United States.
Ex.I. Translate using the active vocabulary.
120
1. Присяжные нашли сотрудника банка виновным в незаконном
переводе крупных сумм на оффшорные счета фиктивных фирм.
Судья приговорил его к лишению свободы сроком на семь лет.
2. Директора предприятия обвинили в халатности. На него был
наложен штраф.
3.
По
новому
закону,
недавно
принятому
законодательным
органом,
была
запрещена
алкогольных напитков рядом со школой поселка.
местным
продажа
4. Апелляционный суд отклонил приговор городского суда и
направил дело на доследование. В конце концов, данное дело о
хищении государственного имущества было закрыто.
5. Чтение обвинительного заключения заняло несколько часов.
6. Это рецидивист, проведший за решеткой добрую часть
сознательной жизни.
7. Закон был нарушен, и это было ясно всем, хотя прямых улик по
уклонению от налогов против предпринимателя не было. Но его
просьба отпустить его на поруки была отклонена.
8. После длительного расследования обвинения были сняты с
большинства журналистов, и предписание о закрытии нового
издания было отменено.
Useful Words and Expressions
criminal/civil justice
prosecuting barrister
to stand a better chance
run the risk
panel = a group of (experts)
probation
уголовное/гражданское право
обвинитель
= зд. more likely to
подвергаться риску
освобождение условное,
поруки (on probation)
to implement = apply, put in force
121
на
adjourn = delay
convicted person = convict
plaintiff/respondent
истец/ответчик
to deny = not to admit
to extort = obtain by force or
threats (вымогать)
to uphold sentence = confirm; not
to overturn
to waive immunity
снять
(депутатскую)
неприкосновенность
to inject venom = add bitter anger подлить масла в огонь,
and hatred
накалить до предела
up in arms = ready to argue and
fight
Criminal Justice in the UK
The process of criminal justice begins when the police arrest a
suspect. Then they decide whether they have enough evidence to
prosecute - to send the suspect for trial. In serious cases this decision
is made by the Director of Public Prosecutions, who is a senior law
official.
Sentencing
The most common sentences are fines, prison and probation.
Probation is used often with more minor offenses. A person on
probation must report to a local police station at regular intervals,
which restricts his or her movement. Magistrates and judges may also
pass suspended sentences, in which case the person will not serve
the sentence unless he or she commits another crime, when it will be
implemented without more ado. A sentence of community service
means that the convicted person has to spend several hours a week
doing useful work in his locality.
Appealing
People who have been convicted can appeal if their lawyer can either
show that the trial was wrongly conducted or produce new evidence.
Appeal can also be made against the severity of a sentence. Appeals
from a magistrates' court is to the Crown court and then up through
the courts system to the Judicial Chamber of the House of Lords, the
122
highest court in the land. From there, appeal is to the European Court
of Justice.
A few more facts:
Children under 10 cannot be charged with a criminal offense.
Offenders between 10 and 17 are tried by special juvenile courts.
The death penalty technically still exists in Britain for some obscure
offenses, such as treason, but is no longer used.
The punishment for murder is a life sentence. This can be much less
than a lifetime in prison, depending on factors such as good
behaviour.
The most common punishment for crimes - 80 per cent of the total - is
a fine.
Ex.2. Translate using the active vocabulary:
1. Следствие нашло достаточно оснований для возбуждения
уголовного дела и передачи его в суд.
2. Если у подозреваемого нет средств на оплату услуг защитника,
они могут быть предоставлены государством.
3. Система судов присяжных до сих пор практически не введена в
России в силу ряда причин, не в последнюю очередь
экономических.
4. Под давлением защиты подозреваемый был выпущен под
залог в 5 тысяч долларов.
5. В случаях правонарушений, не столь опасных для общества,
применяется условный приговор.
6. Судьбу диктатора Пиночета решала высшая судебная
инстанция Англии - Палата лордов. В конце концов, было решено
выдать его Испании.
7.
Малолетние
преступники
обычно
предстают
специальными судами по делам несовершеннолетних.
перед
8. В результате удачной операции полиции был задержан
опасный рецидивист.
123
9. Преступники вымогали у владельца предприятия немалую
сумму денег, угрожая похитить его детей. Однако суд не сумел
доказать полностью вину подсудимых, они получили лишь
условный срок. Суд высшей инстанции оставил приговор в силе.
10. Депутатская неприкосновенность может быть снята лишь
решением большинства членов парламента.
11. Шумный процесс над лидером оппозиции оказался судебным
фарсом, и обвинение в лице генерального прокурора, лично
курировавшего это дело, дискредитировало не только себя, но и
весь режим. Скандальное дело было закрыто.
12. Обвиняемый был выпущен под залог до возобновления
слушаний по его делу. Однако поверенный уверял его, что
возможный приговор будет смягчен в связи с новыми
обстоятельствами и отказом ряда свидетелей от прежних
показаний.
Legal Carousel
(Legal cases from all over the world)
Additional Vocabulary:
to impose a fine = to take money
from smb as a punishment
to bar = ban, prohibit, outlaw,to отклонить (иск)
overturn = reject, turn down
to defame = damage good opinion
about smb (usually unfairly),
to track down = detect, find traces
retry
повторное
судебное
разбирательство
kick-back scheme = money paid
secretly for doing smth (cp. bribe)
to reconsider the ruling
пересмотреть постановление,
решение
to stand accused = be charged
with
to sue over = make a legal claim
124
for, file the action, open the case
indicted on charges = stand
accused for
tax evasion
укрывательство от налогов
to invoke = зд. apply
maim = wound severely
(cp. make crippled)
to lift injunction
отменить
предписание
(постановление) суда
Read the following:
Courts, Legal Proceedings, Verdicts and Appeals
1. Italy's opposition leader, Silvio Berlusconi, was sentenced to two
years and nine months in prison for bribing the tax police. But he is
unlikely to go behind bars.
2. The Australian Federal Parliament passed a law limiting claims by
aborigines to ancestral land now leased to farmers.
3. The husband of Tansu Ciller, a former Turkish prime minister, was
charged in Turkey with changing figures on the balance sheet of an
American firm owned by the family.
4. America's Department of Justice asked a court to impose a daily
fine of $1 mln on Microsoft until the software firm stopped violating the
terms of a 1995 antitrust agreement that barred it from forcing PC
makers to license and distribute its Internet browser program by
"bundling" it with Windows 95, the most widely used PC operating
system. Microsoft denies violating the agreement. Microsoft is also
under investigation by Japan's Fair Trade Commission and the
European Commission.
America's Justice Department and 20 states charged Microsoft, the
world's biggest software maker, with breaking antitrust laws. Microsoft
stands accused of abusing its monopoly power in trying to destroy
Netscape, its main competitor in browsers, a software tool for
navigating the Internet. Microsoft won a round in its antitrust fight with
the American government when an appeals court lifted a preliminary
injunction, preventing the world's biggest software maker from
125
"bundling" its Internet browser with its Windows operating system.
5. Days after the American Senate threw out anti-tobacco legislation,
the tobacco industry in America won another huge victory when an
appeals court in Florida overturned the two-year-old verdict in a pivotal
case against Brown & Williamson, a subsidiary of Britain's B.A.T, and
ordered the case dismissed.
6. A jury in New York decided that a former district attorney, Steven
Pagones, was defamed when he was accused of the kidnapping and
rape of Tawana Brawley, a black girl, in 1987. The Rev Al Sharpton,
the most influential black leader in New York, said he continued to
believe that her story was not a hoax.
7. Four top army officers and a policeman were charged with the
murders of seven leftist dissidents in Chile during the dictatorship of
General Pinochet. The investigating judge said that more indictments
may be on their way.
Investigators in Colombia tracked down some 37,000 cheques worth
more than $500m allegedly paid by the Cali drugs mob to politicians,
journalists and sports stars. The discovery is part of an investigation
into claims that President Ernesto Samper, now in his last days in
office, took money from drugs barons.
8. A Turkish court, retrying the country's leading human rights activist
and gun-attack victim, Akin Birdal, sentenced him to a year in jail for
provoking hatred. He had called for a peaceful end to the Kurdish
conflict.
9. A German court dropped the case against Jose Ignacio Lopez, a
top executive at General Motors who had been accused of taking
trade secrets with him to Volkswagen. But he must pay DM400,000
($226,000) to charity; three other defendants will pay much less.
America's Department of Justice continues its own investigation.
10. America's Attorney-General asked for an independent counsel to
investigate claims that the labour secretary took part in a kick-back
scheme and illegal campaign contributions when she was an aide to
Bill Clinton. It is the seventh timed Attorney-General has requested an
independent counsel to investigate the Clinton administration.
Revision Exercises:
126
1. Film director Oliver Stone has agreed to enter a drug treatment
program as part of a plea bargain that will keep the award-winning
director out of jail. Stone, 52, was arrested for driving under the
influence and drug possession in June after being stopped for erratic
driving. The Beverly Hills police said they found muscle relaxants,
painkillers, marijuana and other drugs in his car; he pleaded not guilty
to the charges last month. Under the agreement, Stone will plead no
contest (признать вину) and be required to go through rehabilitation.
2. Brian (Kato) Kaelin, the infamous former house guest of O.J.
Simpson, has won a round in his $15 million libel suit against a tabloid
over the headline "Cops Think Kato Did It!" A federal judge in
California rejected the National Examiner's argument that the headline
wasn't malicious because its lawyers had approved it, thus opening
the tabloid to punitive damages. The newspaper said the "It" in the
headline was referring not to the murders of Nicole Brown Simpson
and Ron Goldman, but to suspicions that Kaelin wasn't telling the truth
on the witness stand.
3. The crackling noise of a candy wrapper so irritated the finely tuned
ears of a Chicago opera lover that he turned to ask for quiet - and got
slapped on the back of the head. Now John Gaggini, 49, a tax lawyer,
is facing a misdemeanor battery charge and possibly a year in jail.
Gaggini says the case is a misunderstanding. "I didn't strike the man,"
he told the Chicago Sun-Times. "I bumped him. I'm a professional
man. I'm not into fistfights." The alleged battery took place March 12
during a performance of Verdi's "La Traviata" at the Lyric Opera of
Chicago. According to a police report, Alexander Weaver, 44, also a
lawyer said he was disturbed in the middle of an aria by the annoying
sound. "He shushed the people behind him and was struck on the
back of the head," the report says. Gaggini said he had dozed off and
when he was startled awake by a "shushing sound," his hand
involuntarily jerked forward and landed on the man in front of him.
Ex.3. Translate using the active vocabulary:
1. Министр образования и науки был приговорен к тюремному
заключению за попытку дать взятку полиции. Однако
высокопоставленный чиновник вряд ли отправится за решетку,
127
пока с него не будет снята депутатская неприкосновенность, и
решение будет обжаловано в суде высшей инстанции.
2. Апелляционный суд оставил в силе решение суда присяжных.
3. Жюри пришло к решению, что на подсудимого был возведен
поклеп. Таким образом, процесс о диффамации был выигран и
известному политику были возвращены честь и достоинство.
4. Суд прекратил дело о промышленном шпионаже ввиду
отсутствия улик и наличия алиби подсудимого.
5. Глава банка подал в суд на газету «Деловые новости» за
статью о якобы приближающемся банкротстве банка и выиграл
процесс.
6. Ежедневно в Москве десятки водителей штрафуются за
вождение в нетрезвом виде. Часто это заканчивается лишением
прав.
7. Подростка обвинили в хулиганском поступке и избиении
одноклассника.
8. Свидетелю вменили в вину, что он лгал под присягой.
9. Организаторов избирательной кампании
подтасовке
голосов
и
незаконной
налогоплательщиков.
подозревают в
трате
денег
Texts and Interviews for Oral and or Sight Translation:
The Prison Door
Silvio Berlusconi, media mogul (tycoon - магнат), former prime
minister of Italy and now leader of the opposition, has been sentenced
to two years and nine months in prison by a Milan court. The trial, and
the investigation that led to it, lasted two-and-a-half years. He has
been convicted of bribing tax inspectors to soften their examination of
his business activities before he went into politics. He has not denied
the payments, but says the money was extorted. Mr Berlusconi has
been sentenced to prison before (last December, about a film deal),
but that sentence was suspended.
128
Will he go to jail this time? Probably not. First he will appeal, and
under Italian law, he does not have to begin serving the sentence
during the appeal process. If the sentence is upheld, he can still avoid
serving prison time by demanding a suspension of the sentence
(normally allowed for prison terms of under three years). Better still, he
is also a member of parliament, which has to waive (suspend) his
immunity. It is most unlikely to do so, since Mr. Berlusconi is not only
leader of the opposition but also founder-president of a party, Forza
Italia (Go, Italy), that in the latest general election collected 8 mln
votes. To allow Mr. Berlusconi to go to jail would cause a
constitutional crisis that nobody, including the prime minister, really
wants.
This week's conviction, though expected, has injected even more
venom into Italian political life, poisonous enough already. The
opposition is up in arms: says the conviction is politically motivated
and the magistrates' attacks against Mr. Berlusconi amount to
persecution. Mr. Berlusconi himself talked on July 7th of the use of
"political prosecutions to eliminate the democratic opposition."
* Данный текст был опубликован до последних парламентских
выборов в Италии
Interviews on Legal Matters
Talk with Y. Demin, Military Prosecutor General
Военная
прокуратура
сейчас
является
наименее
коррумпированной госструктурой. Ее руководитель Юрий Демин
отвечает на вопросы.
Q - Mr. Deмin, what are the priorities in the work of the Military
Prosecutor General's office in the conditions of social and
political-economic instability and against the background of the
changes taking place among the military ranks?
A - Первая задача - обеспечить права военнослужащих. При
любой организации, а тем более при сокращении Вооруженных
Сил возникают проблемы с соблюдением прав солдат и
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офицеров. Прежде всего, это право на жилье. Согласно закону
«О статусе военнослужащих», военнослужащий не может быть
уволен (discharge) без предоставления ему жилья.
Второе - контроль за реализацией высвобождаемого (surplus)
военного имущества. Только Минобороны будет реализовывать
2,5 тысячи торговых точек. Кроме того, передается большая
часть
предприятий
военного
строительства,
сельскохозяйственных предприятий, спортивных сооружений,
излишки техники различных силовых ведомств. Речь идет об
очень больших деньгах! Поэтому в ГВП создана группа из 10
человек, которая занимается надзором и контролем за
реализацией высвобождающегося имущества. Мы хотим, чтобы
каждый аукцион, конкурс, каждая распродажа были под нашим
надзором, чтобы ничего не ушло за бесценок.
Q - How do you estimate the situation with the law-enforcement
in the ranks of the Russian Army?
A - С одной стороны, мы можем говорить о снижении количества
преступлений в армейской среде на 13,8%. Однако не стоит
обольщаться этими данными. В прошлом году зафиксировано
2035 случаев побегов. Кстати, дезертирство в большой степени
связано с дедовщиной (hazing). Занимаемся и фактами гибели
военнослужащих в результате чрезвычайных происшествий.
Q - Many observers believe that the so-called practice of
"massive checks" performed by the Prosecutor's office are not
really effective. So could you shed some light on that?
A - Уже более 100 человек осуждено по фактам, выявленным в
ходе «прокурорских десантов». Раньше мы возбуждали около
полутора тысяч уголовных дел в год по неуставным
взаимоотношениям. Сейчас только за последние три месяца
заведено около 400 уголовных дел. Я считаю, что мы спасли
десятки тысяч молодых парней от унижений и истязаний. Но это
не разовое мероприятие. Мы начали «десанты» в октябре 97-го и
завершим только в конце этого года. Хочу отметить и то, что в
ходе такой работы мы как пресекаем неуставные проявления, так
и выявляем другие преступления.
130
Во время «десантов» мы направляем сразу 30 прокуроров в
часть. Они работают там неделю, выявляются нарушители, их
отправляют на гауптвахту. Солдаты видят, что их обидчики
наказаны, и чувствуют себя спокойно. Я считаю, что это очень
эффективный метод.
В этой связи хочется отметить участие средств массовой
информации в проведении подобных мероприятий. У нас также
осуществляется очень сильный контроль над ведением
уголовного дела. В сущности, каждое решение принимается
коллективом. И в этой ситуации очень тяжело злоупотребить
служебным положением (abuse of power).
Q - Russian media has recently written a lot about the so-called
generals' cases, involving corruption and graft. However very mild
verdicts passed by the courts have caused disappointment. What
was that - pressure from the top brass or flaws in the
procurators' work?
A - Вынесение приговора - это дело суда. Мы представляем
доказательства, а вот степень наказания определяет суд. Если
приговор обвинительный, каким бы он ни был по сроку наказания,
это свидетельствует о результатах работы военных прокуроров.
Если оправдывают, то это, как правило, брак в нашей работе
(shoddy work).
Тем не менее, за последнее время вынесены судебные решения
по пяти уголовным делам.
Interview with N. Kovalyov, ex-Director of the Federal Security
Service (FSB)
Экс - директор ФСБ Николай Ковалев подает в суд на Сергея
Доренко. Это ответ на прозвучавшее в выпуске его программы
обвинение в адрес экс - директора ФСБ в причастности к
убийству совладельца гостиницы «Рэдиссон - Славянская» Пола
Тейтума.
.
Q - Николай Дмитриевич, что вам вообще известно об убийстве
Тейтума?
131
А - Следствие ведет горпрокуратура. В рамках расследования
отдельные поручения выполнялись московским УФСБ. Насколько
я знаю, следствие пребывает в шоке от услышанного, поскольку
все эти лица - в том числе и друг Тейтума - допрашивались и
показаний такого рода не давали.
Q - С вашей точки зрения, убийство чисто уголовное или
имело политическую подоплеку?
А - Я однозначно расцениваю его как экономическое, условно
говоря, преступление. Шел спор, в том числе и через арбитраж, о
праве собственности. Эта борьба и привела к столь трагической
развязке.
Q - Что вы можете сказать по поводу заявлений о вашей
причастности к убийству Тейтума?
А - Эта история попахивает нафталином (stinks of mothballs).
Данные заявления уже использовались год назад группировкой
Березовского для моей дискредитации. Они были рассмотрены
военной прокуратурой. Проверялось детально каждое слово из
заявлений, и по каждому эпизоду вынесен вердикт: все это ложь
и клевета (lies and slander). Главвоенпрокуратура возбудила и вот
уже полтора года расследует уголовное дело в отношении людей
Березовского по факту злоупотребления служебным положением.
Насколько мне известно, дело в ближайшее время будет
передано в суд.
Q - Ваше отношение к утверждениям Доренко о «следе
Лужкова» в убийстве Тейтума?
А - Это бред воспаленного ума (raving of a madman): для того
чтобы перераспределить контроль над гостиницей, убивают Пола
Тейтума, а затем почему-то замышляется убийство его партнёра
Джабраилова. Какой во всем этом смысл?
Q - Вы встречались с братом Тейтума?
А - О его существовании я узнал из телевизионной передачи. Не
знал, что у него есть брат, тем более работающий в ФБР. Могу
132
твердо сказать, что брат Тейтума не въезжал в Россию на тот
период, поэтому наша встреча не могла состояться чисто
физически. Кроме того, я же не частное лицо: все встречи
директора ФСБ регистрируются.
Q - В программе утверждается, что брат Тейтума намеревался
убить Джабраилова (в отместку за смерть брата). Как вы
относитесь к этой информации?
А - Как к фантастике.
Q - Ваши дальнейшие действия?
А - Буду обращаться в суд (sue). После соответствующего
решения суда я смогу утверждать, что Березовский лжец и
клеветник. Надеюсь, что буду иметь такую же возможность и в
отношении Доренко.
Translate into English:
Your rights, your obligations, your actions and your
security
Что делать в случае произвола (скажем, задержания без
достаточных оснований) милиции, ОМОНа - к сожалению,
вполне реальная ситуация в сегодняшней России.
Defend your constitutional rights!
Административное задержание допускается только в случае
невозможности составить протокол на месте или для
установления личности и не может длиться более 3 часов согласно ст.242 Кодекса об административных правонарушениях.
Эти 3 часа отводятся работникам милиции для первоочередных и
неотложных
действий:
написания
рапорта,
составления
протокола об административном нарушении, взятия объяснения и
т. п. Кстати, с дачей объяснения вы вправе не спешить. Поясните,
что вопрос для вас сложен, сопряжен с юридическими
тонкостями, в которых вы не осведомлены, а потому вы
оставляете
за
собой
право
подумать,
возможно,
133
проконсультироваться с юристом и представить ваше
объяснение, например, послезавтра. Не соглашайтесь на
предлагаемую вам формулировку «от дачи объяснений
отказался» - настаивайте на формулировке «правом на дачу
объяснений воспользуюсь после консультации с юристом».
Повод для задержания
Если повод для задержания носит криминальный (т.е. уголовный)
характер, прежде всего, постарайтесь выяснить свой статус:
доставлены ли вы в отделение в качестве свидетеля или в
качестве обвиняемого. Если вопросы типа «Где вы были вчера
вечером?» или «Знакомы ли вы с Васей Сидоровым?»
продолжают задавать вне зависимости от определения вашего
статуса, то вы вправе заявить, что в таком случае отказываетесь
отвечать на эти вопросы, считая их относящимися к сфере вашей
личной жизни. Внимательно смотрите на типографскую форму
бланка (type of the form), на котором записывают ваши показания «объяснение», «протокол допроса свидетеля» или «протокол
допроса подозреваемого» (suspect). Помните, что независимо от
вашего статуса по закону вы не обязаны давать показания против
самого себя и своих близких родственников.
Вы свидетель
Если вас доставили в отделение в качестве свидетеля, вы
обязаны давать показания, то есть вы несете уголовную
ответственность не только за дачу ложных показаний, но и за
отказ от дачи показаний. Однако вы вправе ответить, что в
качестве свидетеля ваши показания заключаются в том, что
никакими сведениями ни о каком совершенном преступлении вы
не располагаете. Тогда никто не сможет вас упрекнуть в недаче
показаний. Иной вопрос, что ваши показания заключаются в том,
что вам ничего не известно. Свидетель не имеет права на
защитника.
Протокол задержания
Статус обвиняемого человек приобретает после составления
протокола задержания. Хотя в процессуальном законодательстве
срок составления этого протокола не оговорен, по ныне
существующей практике принято ориентироваться на аналогию с
тремя
часами,
установленными
упомянутой
статьей
административного кодекса. Таким образом, через три часа, если
134
не составлен протокол задержания, вас должны отпустить.
Однако
некоторые
милиционеры,
используя
нечеткость
законодательства в данном вопросе, держат доставленного без
оформления задержания 5 - 10 часов (а подчас и сутки) и за это
время составляют объяснения и протоколы допроса свидетеля
(прекрасно зная, что фактически он является подозреваемым).
Иногда пытаются выколачивать из него что-либо типа
«чистосердечного признания». Не верьте обещаниям отпустить
вас сразу после дачи признательных показаний: именно эти
показания впоследствии явятся основанием для вашего
задержания!
Вы подозреваемый
Если вы являетесь подозреваемым, то давать показания - это
ваше право (которым вы можете воспользоваться, а можете и
воздержаться), но не обязанность. Одновременно с протоколом
задержания должен составляться и протокол разъяснения
подозреваемому его прав. С этого момента вы вправе
воспользоваться помощью избранного вами (а отнюдь не
навязанного вам следователем!) защитника. При этом
обязанность
обеспечения
вас
защитником
становится
обязанностью следователя. В частности, о вашей просьбе иметь
конкретного
защитника
он
обязан
известить
ваших
родственников. До прихода адвоката имеет смысл отказываться
от дачи каких-либо объяснений и показаний.
Вполне вероятно, что следователь разными способами будет
пытаться склонить вас к «чистосердечным признаниям».
Помните, что эти признания суды почти всегда рассматривают в
качестве неоспоримого доказательства вашей виновности. При
этом на пояснения суду, что сии признания даны под силовым
давлением, прокурор уверенно заявит, что в нашей стране такое
исключено.
М. Глинкин
135
СПИСОК ИСПОЛЬЗУЕМОЙ ЛИТЕРАТУРЫ
1. Pаtricia Lodge, Beth Wright-Watson. Accelerate. Intermediate.–
Macmillan Heinemann, 1998. – 95 p.
2. David Foil & Anne Kelly. First Certificate Avenues. (Coursebook).
– Cambridge University Press, 1996. – 192 p.
3. Kare Hewitt. Understanding Britain. England.– Perspective
Publications Ltd., 1996. – 265 p.
4. Michael McCarthy, Felicity O’Dell. English Vocabulary in Use.–
Cambridge University Press, 1994. – 296 p.
5. V. Anufrieva.Videofilms and Education.Томск: Издательство
ТПУ, 2007. – 138 p.
6. Richard C. Remy. United States Government. Democracy in
Action. – Glencoe, 1995. – 938 p.
7. Patricia Lodge and Beth Wright-Watson. Accelerate. Intermediate.
Macmillan Heineman, 1998. – 95 p.
8. Richard Achlam with Sally Burgess. First Certificate Gold.
Coursebook. Longman, 1996. – 199p.
9. Richard Acklam with Sally Burgess. Gold Advanced. Coursebook.
Longman, 2001. – 223p.
10. А. Чужакин. Мир перевода-3 Practicum plus.WIT Series.
Москва, «Р.Валент», 2001. –196с.
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Educational Edition
Томский политехнический университет
АНУФРИЕВА Валентина Павловна
МИХАЙЛОВА Ольга Владимировна
ПОЛИТИЧЕСКОЕ УСТРОЙСТВО США И ВЕЛИКОБРИТАНИИ
Учебное пособие
Издательство Томского политехнического университета, 2008
На английском языке
Science Editor
Candidate of Philology,
Associate Professor
N.A. Nikolaenko
Typesetting and cover design
S.I. Sulaimanova
Signed for the press 15.10.2008. Format 60х 84/16. Paper “Snegurochka”.
Print XEROX. Arbitrary printer’s sheet 17.33. Publisher's signature 15.67.
Order . Size of print run 50.
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