Narod.ru
Московский государственный университет им.М.В.Ломоносова
Факультет иностранных языков
кафедра английского языка для гуманитарных факультетов Центр общественных наук
КХЛ.Гуманова В.А.Королева М.Л.Свешникова Е.В.Тихомирова
Just English
АНГЛИЙСКИЙ ДЛЯ ЮРИСТОВ
Учебное пособие под ред. Т.Н.Шишкиной
Ассоциация "Гуманитарное знание", "Теис" Москва 1997
Chapter I. LAW AND ORDER.................................................................................3
Unit I. The Need for Law......................................................................................................3
Unit II. An Outline of Lawmaking Process in Great Britain and the USA...........................9
Unit III. The Court System of England and Wales...............................................................11
Unit IV. People in Law Cases in Great Britain.....................................................................13
A. Types of Legal Professions.............................................................................13
B. Solicitors and Barristers................................................................................14
C. Judges in Great Britain.....................................................................................18
Unit V. The Court System of the USA..................................................................................25
Unit VI. Attorneys in the USA..............................................................................................27
Unit VII. Language Activities...............................................................................................30
A. Radio Phone-in...................................................................................30
B. Spy Photo Case..................................................................................33
Revision.................................................................................................................................34
Just for Fun............................................................................................................................36-40
Chapter II. GREAT BRITAIN,..................................................................................43
Unit I. The System of Government.......................................................................................43
Unit II. Parliament.................................................................................................................45
Unit III. A Member of Parliament.........................................................................................51
Unit IV. Elections..................................................................................................................54
Unit V. The Royal Family.....................................................................................................59
Revision.................................................................................................................................65
Just for Fun............................................................................................................................68
Chapter III. THE USA..............................................................................................71
Unit I. The Constitution.........................................................................................................73
Unit II. The System of Government......................................................................................75
Unit III. The System of Checks and Balances.......................................................................85
Unit IV. American Federalism..............................................................................................87
Unit V. Elections...............................................................…................................................90
Unit VI. Language Activities. Glimpses of American History.............................................94
Revision................................................................................................................................96
Glossary to chapters II and III..............................................................................................97
Chapter IV. YOU - THE JURY...............................................................................103
Unit I. A Handbook on Jury Service....................................................................................103
Unit II. Justice?....................................................................................................................115
Unit III. Language Activities. Lady Wyatt Accused of Shop-Lifting….............................118
Revision...............................................................................................................................121
Just for Fun......................................................................................................................... 122
Glossary...............................................................................................................................123
Chapter V. CRIME AND PUNISHMENT................................................................128
Unit I. Crime........................................................................................................................128
Unit II. Punishment..............................................................................................................131
Unit III. A Policeman and the Criminal World....................................................................135
Unit IV. The World of Crime.............................................................................................. 143
Unit V. Language Activities. Let's Do Justice.....................................................................151
Revision................................................................................................................................154
Just for Fun...........................................................................................................................158
Glossary................................................................................................................................159
Reader....................................................................................................................164
Part I. Famous Lives. Crime and Justice..............................................................................164
Part II. Law Stories...............................................................................................................181
Part III. Tom Sawyer Testifies..............................................................................................192
Some words with difficult pronunciation.............................................................................197
Some names with difficult pronunciation.........................................................................198
Unit I THE NEED FOR LAW
TASKl. Read the text.
Mr. Jones, having murdered his wife, was burying her in the garden one night, when his neighbour, hearing the noise, asked him what he was doing.
"Just burying the cat," said Mr. Jones.
"Funny sort of time to bury a cat," said the neighbour.
"Funny sort of cat," said Mr. Jones.
Now it is obvious to everyone that, in a community such as the one in which we live, some kind of law is necessary to try to prevent people like Mr. Jones from killing their wives. When the world was at a very primitive stage, there was no such law, and, if a man chose to kill his wife or if a woman
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succeeded in killing her husband, that was their own business and no one interfered officially
But, for a very long time now, members of every community have made laws for themselves in self-protection. Otherwise it would have meant that the stronger man could have done what he liked with the weaker, and bad men could have joined together and terrorized the whole neighbourhood.
If it were not for the law, you could not go out in broad daylight without the fear of being kidnapped, robbed or murdered. There are far, fai more good people in the world than bad, but there are enough of the bad to make law necessary in the interests of everyone.
There is no difficulty in understanding this but it is just as important to understand that law is not necessary just because there are bad people in the world. If we were all as good as we ought to be, laws would still be necessary. If we never told lies, never took anything that didn't belong to us, never ommitted to do anything that we ought to do and never did anything thai \ve ought not to do, we should still require a set of rules of behaviour, in other words laws, to enable us to live in any kind of satisfactory state.
How ts one good man in a motor-car to pass another good man also in a motor-car coming in the opposite direction, unless there is some rule of the road? People sometimes hover in front of one another when the> are walking on the pavement before they can pass, and they may even collide. Not much harm is done then, but, if two good men in motorcars going in opposite directions hover in front of one another, not knowing which side to pass, the result will probably be that there will be two good men less in the world.
So you can see that there must be laws, however good we may be. Unfortunately, however, we are none of us always good and some of us are bad, or at any rate have our bad moments, and so the law has to provide for all kinds of possibilities. Suppose you went to a greengrocer and bought some potatoes and found on your return home that they were mouldy or even that some of them were stones, what could you do if there were no laws on the subject? In the absence of law you could only rely upon the law of the jungle. You could go back to the shop, demand proper potatoes and hit the shopkeeper on the nose if he refused to give them to you. You might then look round the shop to try to find some decent potatoes. While you were doing this,
the shopkeeper might hit you on the back of the neck with a pound weight. Altogether not a very satisfactory morning's shopping.
Or you might pay your money to go to see a film at a cinema. You might go inside, sit down and wait. When the cinema was full, there might be flashed on the screen: "You've had it, Chums". And that might be the whole of the entertainment. If there were no law, the manager could safely remain on the premises and, as you went out, smile at you and say: "Hope you've enjoyed the show, sir." That is to say, he could do this safely if he were bigger than you or had a well-armed bodyguard.
Every country tries, therefore, to provide laws which will help its people to live safely and as comfortably as possible. This is not at all an easy thing to do, and no country has been successful in producing laws which are entirely satisfactory. But we are far better off with the imperfect laws which we have, than if we had none at all.
TASK 2. Answer the questions.
Rules, laws, regulations - What is your personal understanding of these words? Is there any difference between them?
TASK 3. Work in groups. Make a list of arguments for and against the following statements.
1. Laws haven't changed since primeval times.
2. However hard people try, laws are always insufficient.
3. Laws are not for ordinary people, they are for lawyers.
TASK 4. Continue the list: chum, bloke, pal...
Unit II
AN OUTLINE OF LAWMAKING PROCESS IN GREAT BRITAIN AND THE USA
T.iSK 1. Read the following texts.
Britain
New legislation in Britain usually starts in the House of Lords. In each house a bill is considered in three stages, called readings. The first reading is
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purely formajj to introduce the bill. The second reading is usuertrj? the occasion for debate. After the second reading the bill is examihedj ia detail by a committee. ' ^ t a civil servant, the Prime Minister?
45
2. What is the difference between life peers and hereditary peers, Lords Temporal and Lords Spiritual?
3. What are civil servants?
4. Which areas of government do these people deal with: the Chancellor of the Exchequer, the Home Secretary, the Lord Chancellor?
5. Find two examples of executive organisations outside central government.
TASK 5. Work in pairs and discuss the following questions.
1. What differences are there between Parliament and the Government?
2. What are the similarities and differences between the UK parliamentary system and that of your your own country?
Unit II PARLIAMENT
TASK 1. Complete the following text with the words and expressions from the box.
The House of Commons
Cabinet;*benches; &.
backbenchers;," Budget; \ ^
Prime Minister; "r Speaker ; 6
ministers^; t!- front bench
debates; -C^C Opposition;
Foreign Secretary; О Shadow Cabinet;
Home Secretary; ^Leader of the Opposition;
Chancellor of the Exchequer.
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47
ЧлД,
This is the House of Commons, where Members of Parliament take their
i -.!
seats on the green leather (a)^ Г/ ^1 ь according to their party and position. One of them is chusen to be the (b) } _ , who acts as a kind of
Т, cliairman of the
which take place in the House. In front of him
•_.._;. The one who deals with financial matters and prepares the
j_______speech on the economic state of the country is called
£,.-..* Opposite this group sits the (n)________ (the
on his right sit the MPs of the biggest party, which forms the government, and
facing them sit the MPs of the parties who oppose them, the (d) ^ ______.
The leaders of these two groups sit at the front on each side. MPs without special positions in their parties sit behind their leaders at th,e back. They are called (e).l ^ . •'. *"*
4) An important Conservative policy was the rerurn of state industries to
5) During the period of Conservative government,____
4% for the first time in nearly thirty years.
6) However,__ continued to be unacceptably high.
fell to
official
7) While the Conservatives were in power, Labour formed the
TASK 5. Answer the questions.
1. Who can stand for elections in Great Britain?
2. What does the job of an MP consist of? Is it a job you would like to do?
3. Who does an MP represent?
4. Is the job of an MP a well-paid one?
5. Are there many women in Parliament in Great Britain? Can you compare this proportion to the proportion of women in the legislative body in your country?
TASK 6 Before listening to the tape read the following information and answer the question.
Diane Abbot is a member of Parliament for Hackney in North London. On the tape she describes life in the House of Commons. She is going to make a complaint about her job. In pairs, decide what you think is the most likely and the least likely complaint from the list.
- She isn't paid enough;
- She doesn't have any free time;
- She hasn't got a desk or a telephone;
- Her office is too small;
- There is too much work to do.
TASK 7 Listen to the tape and see if you were right in your answers to the questions in Task 6 Answer the questions
1. What is Diane Abbot's background?
2. What was one of her earliest ambitions?
3. How long had Ms. Abbot been an MP when the interview took place?
4. What four things does she dislike about her job?
5. What is unusual about her being an MP?
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6. What three influences does Diane give for her interest in politics?
7. What three things does she like about her job?
8. When is she going to get her missing office equipment?
9. What two thing^ are noticeable about her fellow MPs*7
TASK 8. Explain the meanings of the folio-wing words and expressions used in the interview.
- to listen avidly;
- an underclass of British society;
- to be exposed to unfairness and injustice;
- an amateur place;
- a "clubby" atmosphere;
- backbiting;
- to get fed up with;
- a male-dominated place.
TASK 9. Work in pairs and discuss the following questions.
1. What is the equivalent of MPs in your country?
2. What does their work involve? List their responsibilities and write a short paragraph describing their work.
Unit IV ELECTIONS
TASK 1. Complete the following text with the words and expressions from the box.
election campaign; support; polling day; ballot box;
vote; predict; opinion poll; polling station; candidate.
People sometimes try to (a)
______the result of an election
weeks before it takes place. Several hundred people are asked which party they prefer, and their answers are used to guess the result of the coming election.
This is called an (b)_________. Meanwhile each party conducts its
(c)__________ with meetings, speeches, television commercials, and
party members going from door to door encouraging people to
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(d).
(e)
called a (f)
(g)_____"
Jheir party. In Britain everyone over 18 is eligible to
__• The place where people go to vote in an election is
and the day of the election is often known as
and later they are counted. The (i) declared the winner.
TASK 2. Read the text.
. The voters put their votes in a (h)
with the most votes is then
The Election Timetable
The British government is elected for up to five years, unless it is defeated in Parliament on a major issue. The Prime Minister chooses the date of the next General Election, but does not have to wait until the end of the five years. A time is chosen which will give as much advantage as possible to the political party in power. Other politicians and the newspapers try very hard to guess which date the Prime Minister will choose.
About a month before the election the Prime Minister meets a small group of close advisers to discuss the date which would best suit the party.
The date is announced to the Cabinet. The Prune Minister formally asks the Sovereign to dissolve Parliament.
Once Parliament is dissolved, all MPs are unemployed, but government officers continue to function.
Party manifestos are published and campaigning begins throughout the country, lasting for about three weeks with large-scale press, radio and television coverage.
Voting takes place on Polling Day (usually a Thursday). The results from each constituency are announced as soon as the votes have been counted, usually the same night. The national result is known by the next morning at the latest.
As soon as it is clear that one party has a majority of seats in the House of Commons, its leader is formally invited by the Sovereign to form a government.
TASK 3. Find in the text the English equivalents for the phrases below.
- избирательный округ;
- правящая партия;
- вопрос первостепенной важности;
- дать кому-либо преимущество;
- сформировать правительство;
- широкое освещение предвыборной кампании в прессе;
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- объявить дату выборов;
- объявить результаты выборов;
- иметь большинство мест в палате общин;
- распустить парламент;
- подсчитывать голоса;
- потерпеть поражение в парламенте.
TASK 4 Read the text.
Political Parties
The main parties in the UK are the Conservative party (right wing), the Labour party (left wing) and the Liberal Democrats (centre).
The Conservative party goes back to the Tories, or Royalists, who originated in King Charles' reign (1660-1685). The Tories were the party that supported Church and King; the other main party at the time were the Whigs, who were a group eager for political reform. The Tory party gave way to its successor, the Conservative party, in around 1830.
The Conservative party believes in free enterprise and the importance of a capitalist economy, with private ownership preferred to state control.
In 1899 the Trade Union Congress summoned a special conference of trade unions and socialist bodies to make plans to represent labour in Parliament. The proposal for such a meeting had come from Thomas Steels, a member of the Independent Labour Party which had been formed in 1893. The conference met in February 1900 in London and has always been looked on as the foundation of the Labour Party. The Labour party believes that private ownership and enterprise should be allowed to flourish, but not at the expense of their traditional support of the public services.
There has been a Liberal party in Great Britain since 1868 when the name was adopted by the Whig party. The Whig party was created after the revolution of 1688 and aimed to subordinate the power of the Crown to that of Parliament and the upper classes. In 1981 a second centre party was created by 24 Labour MPs. It was called the Social Democratic party, and soon formed an alliance with the Liberal party. They formed a single party which became the Liberal Democrats after the 1987 election.
The Liberal Democrats believe that the state should have some control over the economy, but that there should be individual ownership.
There are other political parties within the UK. The Green party offers economic and industrial policies that relate directly to the environment. The Scottish Nationalist Party wants independence for Scotland within the European Community. Plaid Cymru - the Welsh Nationalist Party - is determined to preserve the Welsh language and culture as the foundation of a distinctive
57
Welsh identity within the UK. Its radical wing has resorted to arson attempts as a means of protest.
TASK 5. Explain the meanings of the folio-wing words and expressions.
- free enterprise;
- to flourish;
- at the expense of;
- to subordinate;
- environment.
TASK 6. Answer the questions.
1. What are the origins of the main political parties in Great Britain?
2. What political priorities do the main political parties in Britain have?
TASK 7. Work in pairs and compare the major (the minor) political parties in Britain to those in your own country.
TASK 8. Read the text. Choose the statement that you like most and develop the idea.
The 1987 General Election
From the Conservative Party From the Labour Party Manifesto Manifesto
The National Health Service: "Because we have created a sound economy, we are in a position to spend more than ever before on the National Health Service." Defence: "We will keep the nuclear deterrent and invest in a new nuclear system with Trident." Unemployment: "As long as we continue with our successful policies for a sound economy and more training schemes, unemployment will fall to acceptable levels."
The National Health Service: "We will spend more money on the NHS and recruit more staff.
Defence: "We will ban all nuclear weapons on British soil."
Unemployment: "We will increase expenditure on civil works, more training schemes and more jobs in the state sector, creating a million jobs in the next two years."
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Taxation: "We will raise taxes to fund our plans for reducing unemployment." Education: "We will spend more on equipment and reduce class sizes. Teachers will regain the right to strike."
Taxation: "We wttl continue to cut
taxes."
Education: "We will set a basic
syllabus with new examinations and
tests to ensure that our children are
learning."
Priorities: "The most important
problem facing the next government
of Britain is to ensure the continued
growth of the economy."
TASK 9. Answer the questions.
1. In 1987 which of the biggest British political parties supported the following policies?
a) a ban on nuclear weapons;
b) cuts in taxation;
c) a basic national education syllabus;
d) more jobs in the state sector;
e) an increase in taxation.
2. How is the date of a British general election decided?
TASK 10. Work in pairs and discuss the following question.
If you were a British voter, which party do you think you would vote for and why?
TASK 1. Read the texts.
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UnitV THE ROYAL FAMILY
The Sovereign
"Her Most Excellent Majesty 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."
/The Queen is the official Head of State and, for many people, a symbol of the unity of the nation. For a thousand years England (and later the whole of the United Kingdom) has been united under one sovereign, a continuity broken only after the Civil War, by the republic of 1649 to 1660. The hereditary principle still operates and the Crown is passed on to the sovereign's eldest son (or daughter if there are no sons).
The Queen has a central role in state affairs, not only through her ceremonial functions, such as opening Parliament, but also because she meets the Prime Minister every week and receives^copies of all Cabinet papers.
ki However, she is 'expected to be impartial or
"above politics", and any advice she may offer the Prime Minister is kept secret.
Functions of the Sovereign:
- opening and closing Parliament;
- approving the appointment of the Prime Minister;
- giving her Royal Assent to bills;
- giving honours such as peerages, knighthoods and medals;
- Head of the Commonwealth;
- Head of the Church of England;
- Commander-in-Chief of the armed forces.
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The Royal Family
v ) С1 С *"
Many members of the Royal Family'undertake official duties in Britain ana abroad. Their various responsibilities reflect tradition, their own personal interests and Britain's former imperial status. For example, among her many titles the Princess Royal (Princess Anne) is Chancellor of the University of London, Colonel-in-Chief of eleven Army regiments, including the 8th Canadian Hussars and the Royal New Zealand Nursing Corps, and President of the Save the Children Fund, for whom she has travelled widely.
The Royal Family's money comes from two sources government funds and their own personal wealth, which is considerable. On the one hand the Queen is certainly one of the richest women in the world, while on the other her power is limited by the fact that so many of her expenses are paid for by government money. Parliament has had effective control of the monarch's finances since the seventeenth century.
TASK 2. Look at the chart
The Royal Family
Numbers show order of succession to the Crown
| |1 | |
5-6858
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TASK 2. Turn the following nouns into adjectives.
constitution administration
ceremony empire
politics royalty
TASK 3. Complete the following text with the words and expressions from the box and translate them into Russian
cabinet; alliance; coalition; majority;
right-wing; prime minister; split; left-wing; opposition; one-party states.
In most countries, except (a) political parties. The one with the (b)
____, there are several different
____of seats normally forms the
government, and the parties which are against the government are called
(c)_______. Sometimes no single party wins enough seats, and several
parties must combine together in a (d)_______to form a government. The
principal ministers in the government from a group are called the
(e)_______. The leader of this group, and of the government, is the
(f)________. Of course, there are many different kinds of parties and
governments. A socialist or communist party is often described as
. A conservative party on the other hand, is usually said to be . Political situations are always changing. Sometimes in a party
(g)____
00____
or between two parties there is a big argument or deep difference of opinion.
This is called a (i)_________. When, on the other hand, two parties work
together, this is sometimes called an (j)________.
TASK 4 Explain the difference between
(a) pro- and anti-
(b) an election and a referendum
TASK 5. Complete the following sentences with the words from the box.
with;
for;
against;
in;
between
(a) I voted________
(b) Put your voting papers
the Liberal candidate.
________the ballot box.
the socialists.
(c) He's very right-wing, so he's_____
(d) She belongs________the Communist Party.
(e) The Liberals formed an alliance________the Social Democrats.
(f) There's a split
(g) There's a split
the two parties. _the party.
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TASK 6. Complete the following text with the words and expressions from the box.
proportional representation; Member of Parliament; call an election; House of Commons; stand for election; General Election;
polling day; canvassing; secret ballot; constituents; constituencies; polling stations
by-election; eligible; campaigns; turn-out.
Middleford. Election Result. No. of registered voters: 100,000
Mr G. Smith (Labour) Mrs R. Green (Conservative) Miss L. Jones (Independent) Mr W. Woods (Communist)
30,000 votes 25,000 votes 10,000 votes 5,000 votes
A (a)______has just taken place all over the United Kingdom. These
must take place every five years unless the Prime Minister decides to
(b)_______earlier. Above is the result in Middleford, one of the
approximately 650 (c)_______into which the country is divided for this
purpose. (d)________was last Thursday, when the election
(e)_______and door-to-door (f)_______stopped and the people of
Middleford went to the (g)_______to make their choice, in a
(h).
(i)
0).
(k).
(1)
____________ ---- —-" «•Aivyxuv, in a
_, from the four candidates (anyone over the age of 21 can
__. Voting is not compulsory and the number of people
to vote in Middleford (everyone over 18) was 100,000, so the
was 70 per cent. Now Mr Smith will become the
_____for Middleford, which means he will represent the people of
Middleford in the (m)________in London. If he should die or be forced to
give up his seat, the people of Middleford will have to vote again, in a
(n)______to replace him. It is a very simple system and Mr Smith will try
to represent all his (o)_______fairly, whether they voted for him or not.
However, the fact remains that most voters in Middleford voted for candidates (and parties) other than Mr. Smith, and their votes are now lost. It is seats which are important in Parliament, not votes, and it is easy to see why smaller parties
would like a system of (p)_______, in which the number of votes they won
was reflected in the number of seats they received in Parliament.
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Just for Fun
Here are some more facts about the Queen and her family.
The Queen meets thousands of people every year. She has to shake hands with each of them, and she has to find something interesting to say. If you meet the Queen you should call her "Your Majesty", then "Ma'am". The other Princes and Princesses are "Your Highness", then "Sir" or "Madam". When she wants to end a conversation, she takes a half step backwards, smiling broadly, then moves on.
Here are some favourite royal conversation starters.
1. "How long have you been waiting?" (The Queen).
2. "What exactly are you doing?" (Prince Charles).
3. "How long have you been working here?" (Princess Anne).
4. "Keep you busy, do they?" (Prince Charles).
5. "What's your job?" (Prince Philip).
At the reply: "I'm a postman," he will say "Oh, you're a postman, are you?"
6. "Where have you come from?" (The Queen).
7. "Pay you enough, do they?" (Prince Charles).
8. "Have you done this sort of thing before?" (Princess Anne).
How would you start a conversation with Her Majesty?
Ten things the Queen could do by using the royal prerogative
1. Dismiss the Government.
2. Declare war.
3. Disband the Army.
4. Sell all the ships in the Navy.
5. Dismiss the Civil Service.
6. Give territory away to a foreign power.
7. Make everyone a peer.
8. Declare a State of Emergency.
9. Pardon all offenders.
10. Create universities in every parish in the United Kingdom.
Eleven things the Queen takes on journeys
1. Her feather pillows.
2. Her hot water bottle.
3. Her favourite China tea.
4. Cases of Malvern water.
5. Barley sugar.
6. Cameras.
7. Her monogrammed electric kettle.
8. Her toilet soap.
9. A special white kid lavatory seat.
10. Jewellery associated with the countries she is visiting.
11. Mourning clothes and black-edged writing paper in case of bereavements.
The Queen's particular likes
1. Horse racing ("Were it not for my Archbishop of Canterbury, I should be off in my plane to Longchamps every Sunday").
2. Scottish country dancing.
3. Jigsaw puzzles.
4. Long-stemmed, deep-pink carnations.
5. Champagne.
6. Deerstalking.
7. Quiet evenings at home watching television with her supper on a tray.
8. Crossword puzzles.
9. Bright red dresses.
10. The Beatles film "Yellow Submarine".
11. Sandringham.
Dislikes of the Queen
l.Ivy.
2. Snails ("How can you like those beastly things?" she asked Prince Philip).
3. Tennis, including Wimbledon.
4. Milk pudding.
5. The cold.
6. Grouse.
7. Any talk of Edward VIII.
8. Charles Dickens.
9. Dictating letters.
11. Cigar smoke. '
12. Sailing.
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13. Listening to aft^r-dinner speeches^,* Find these т the lists above.
1. The name of a famous French horse-racing track.
2. The name of the Queen's country house in Norfolk.
3. The title of the head of the Church of England.
4. The name of the sport of hunting deer.
5. A green plant which grows on the outside walls of houses.
6. A bird which is shot, and eaten, mainly in Scotland.
7. The name of the Queen's uncle, who gave up the throne to marry a divorced American woman.
8. The name of a famous nineteenth-century British writer.
9. The name of the first stone in a new building.
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Chapter ill
The Usa
Unit I. The Constitution........................................................„................71
Unit II. The System of Government.......................................................75
Unit III. The System of Checks and Balances..........................*..............85
Unit IV. American Federalism...............................................................87
UnitV. Elections.....................................................................................90
Unit VI. Language Activities. Glimpses of American History..............94
Revision..................................................................................................96
Glossary to chapters II and III................................................................97
Unit I THE CONSTITUTION
TASK 1. Before reading the texts, tell the class what you remember about the system of government and the Constitution of the USA.
TASK 2. Read the text.
"Americans are a nation born of an idea; not the place, but the idea, created the United States Government."
(Theodore H. White)
A New Nation
In 1776, the thirteen weak British colonies in America came together, stood up, and told what was then the world's greatest power that from now on they would be free and independent states. The British were neither impressed nor amused, and a bitter six-year war followed, the Revolutionary War (1776-83). It's hard to appreciate today, over two centuries later, what a revolutionary act this was. A new republic was founded, turning into reality the dreams and ideals of a few political philosophers. Americans broke with an age-old tradition, and so sent shock waves back across the ocean: they decided that it
72
was their right to choose their own form of government. At that time, the statement that governments should receive their powers only "from the consent of the governed" was radical indeed. Something new was under the sun: a sv stern of government, in Lincoln's words, "of the people, by the people, for the people".
TASK 3. Do you know? Work in groups, and try to give answers to the following questions about the beginning of the US history.
1. When was America discovered?
2. Who were the original inhabitants of the American continent?
3. When did the first settlers from England arrive in America? What was the name of their ship?
4. Who were these people? Why do you think they left their homes for an unknown land?
5. What was the first state of the US?
6. What is the oldest big city in the US?
7. What was the first name of New York?
8. What is the name of the region where the oldest American states are situated?
9. Have you ever heard of the "Boston tea party"? What is it?
10. Why is America often called a "melting pot"?
TASK 4. Read the text.
The Constitution and the Bill of Rights
The former colonies, now "the United States of America", first operated under an agreement called the Articles of Confederation (1781). It was soon clear that this loose agreement among the states was not working well. The central, federal government \\as too weak, with too few powers for defence, trade, and taxation In 1787, therefore, delegates from the states met in Philadelphia. They wanted to revise the Articles, but they did much more than that. They wrote a completely new document, the Constitution, which after much argument, debate, and compromise was finished in the same year and officially adopted by the thirteen states by 1790.
The Constitution, the oldest still in force in the world, sets the basic form of government: three separate branches, each one having powers ("checks and balances") over the others. It specifies the powers and duties of each federal branch of government, with all other powers and duties belonging to the states. The Constitution has been repeatedly amended to meet the changing needs of the nation, but it is still the "supreme law of the land". All governments and
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governmental groups, federal, state, and local, must operate within its guidelines. The ultimate power under the Constitution is not given to the President (the executive branch), or to the Supreme Court (the judicial branch). Nor does it rest, as in many other countries, with a political group or party. It belongs to "We the People", in fact and in spirit.
In this way, Americans first took for themselves the liberties and rights that elsewhere were the privileges of an elite few. Americans would manage their own laws And, of course, they would make their own mistakes.
They stated in the first ten Constitutional Amendments, known together as the Bill of Rights, what they considered to be the fundamental rights of any American. Among these rights are the freedom of religion, speech, and the press, the right of peaceful assembly, and the right to petition the government to correct wrongs. Other rights guarded the citizens against unreasonable searches, arrests, and seizures of property, and established a system of justice guaranteeing orderly legal procedures. This included the right of trial by jury, that is, being judged by one's fellow citizens.
The great pride Americans have in their Constitution, their almost religious respect for it comes from the knowledge that these ideals, freedoms, and rights were not given to them by a small ruling class. Rather, they are seen as the natural "unalienable" rights of every American, which had been fought for and won. They cannot be taken away by any government, court, official, or law.
The federal and state governments formed under the Constitution, therefore, were designed to serve the people and to carry out their majority wishes (and not the other way around). One thing they did not want their government to do is to rule them. Americans expect their government to serve them and tend to think of politicians and governmental officials as their servants. This attitude remains very strong among Americans today.
Over the past two centuries, the Constitution has also had considerable influence outside the United States. Several other nations have based their own forms of government on it. It is interesting to note that Lafayette, a ' его of the American Revolution, drafted the French declaration of rights when he return xl to France. And the United Nations Charter also has clear echoes of what onte was considered a revolutionary document.
TASK 5. Complete the following text with suitable words or phrases from the text above.
When the Constitution was written in 1787, there were only 13 states.
Because the (a)_____ of the Constitution saw that the future might bring a
. Over
need for changes, they (b)
a method of adding (c)
the years 26 amendments have been added, but the basic (d)
has not
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been (e)
. The pattern of government planned so long ago for 13
states today meets the needs of 50 states and more than 57 times as many people.
The first 10 amendments to the Constitution, called the (f)________
assure individual (g)_____and (h)______. Added in 1791, they include
provisions for freedom of the (i)_____and of (j)______; the right of
citizens to (k)_____peacefully; the right to be (1)_______in one's own
home against unreasonable (m)_____ and (n)________ of person or
property; and the right of any person charged with (o) a speedy trial by a (p)____of fellow (q)_____.
the law to have
The Constitution (r) branches: the (s)___
the powers of the government into three
headed by the (t)_______; the (u)____, which
___ (the Senate and the House of
includes both houses of (v)____
Representatives) and the (w)_____which is headed by the Supreme Court.
The Constitution limits the role of each (x)_____to prevent any one branch
from gaining undue (y)_____.
TASK 6. Find in the text the English equivalents for the expressions below,
- вносить поправки в конституцию;
- пересмотреть документ;
- действовать в соответствии с соглашением;
- свобода совести;
- управлять своими собственными делами;
- принять конституцию;
- определить чьи-либо полномочия;
- действовать в рамках конституции;
- получить необоснованно большую власть;
- незаконный арест;
- свобода собраний;
- захват собственности;
- удовлетворять требованиям.
TASK 7. Answer the questions.
1. How does the American Constitution separate the powers of the government?
2. Has the text of the Constitution ever been changed? How did it become possible?
3. Does any governmental organ or official in the US have the ultimate power? Why?
4. What is the Bill of Rights?
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TASK 8. Work in pairs and discuss the folio-wing questions.
— ...-—,- 1. What is the difference between the American Constitution
тг~тт ^ ШеВш of Rights?
2. What is the difference between the constitutions of the UK and the US?
TASK 9. Make a list of features of the American Constitution which you consider the most important and compare them with the Constitution of your country.
Unit II THE SYSTEM OF GOVERNMENT
TASK 1. Read the text.
The American System of Government
The governmental systems in the United States - federal, state, county, and local - are quite easy to understand, that is, if you grew up with them and studied them in school. One foreign expert complained, for example, that the complexity of just the cities' political and governmental structure is "almost unbelievable." The "real Chicago," he explained ", spreads over 2 states, 6 counties, 10 towns, 30 cities, 49 townships, and 110 villages. Overlaid upon this complex pattern are 235 tax districts and more than 400 school districts..."
There are, however, several basic principles which are found at all levels of American government. One of these is the "one person, one vote" principle which says that legislators are elected from geographical districts directly by the voters. Under this principle, all election districts must have about the same number of residents.
Another fundamental principle of American government is that because of the system of checks and balances, compromise in politics is a matter of necessity, not choice. For example, the House of Representatives controls spending and finance, so the President must have its agreement for his proposals and programmes. He cannot declare war, either, Without the approval of Congress. In foreign affairs, he is also strongly limited. Any treaty must first be approved by the Senate. If there is no approval, there's no treaty. The rule is "the President proposes, but Congress disposes." What a President wants to do, therefore, is often a different thing from what a President is able to do.
TASK 2. Complete the following text with the words and phrases from the Aofie, using them in the appropriate form. I r
|to divide; to be |to manage; to follow; to |to warrant; to provide; to |
|based on; to track |deal with; |cross; |
|down; | | |
|to be put; to break; |to be enforced; to be |to involve; to be presented. |
| |established; | |
The whole system of American government a)
the principles
b)____in the Constitution and Bill of Rights. The people believe that the
government should c)_____a framework of law and order in which they are
left free to run their own lives.
The state governments d)____much the same pattern as the federal
government. Each has a governor as the chief executive, with power e)_____
among the Executive, Legislative and Judicial branches. State governments
f)____ such affairs as maintaining order, educating children and young
adults, and building highways. The federal government g)_____national
problems and international relations and with regional problems that h)____
more than one state. Laws aftecting the daily lives of citizens i)_____by
police in the cities and towns. Agents of the Federal Bureau of Investigation -
the famous FBI - j)___ criminals who k)___state borders or who 1)____
federal laws.
Before an accused person can m)___on trail for a serious crime in a
federal court - or in the courts of many states - the case must n)___o)____^
to a grand jury of private citizens who decide whether there is enough evidence of probable guilt p)___a trial.
TASK 3 Find in the texts the English equivalents jor the following words and expressions.
- избиратель;
- избирательный округ;
- объявлять войну;
- законодатель;
- международный договор;
- одобрение Конгресса;
- внешняя политика;
- глава исполнительной власти;
- проводить в жизнь закон;
- поддерживать правопорядок;
- выслеживать преступников;
- быть строго ограниченным;
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11Яредставить дело на рассмотрение жюри присяжных заседателей.
TASK 4. Answer the questions.
1. What are the basic principles which are found at all levels of American government?
2. How do you understand the saying: "The President proposes, but Congress disposes"?
3. Who is the chief executive in each state?
4. What laws do the local police enforce?
TASKS. Read the text.
Congress
Congress, the legislative branch of the federal government, is made up of the Senate and the House of Representatives. There are 100 Senators, two from each state. One third of the Senators are elected every two years for six-year terms of office. The Senators represent all of the people in a state and their interests.
The House has 435 members. They are elected every two years for two-year terms. They represent the population of "congressional districts" into which each state is divided. The number of Representatives from each state is based upon its population. For instance, California, the state with the largest population, has 45 Representatives, while Delaware has one. There is no limit to the number of terms a Senator or a Representative may serve.
Almost all elections in the United States follow the "winner-take-all" principle: the candidate who wins the largest number or" votes in a Congressional district is the winner. Congress makes all laws, and each house of Congress has the power to introducs legislation. Each can also vote against legislation passed by the other. Because legislation only becomes law if both houses agree, compromise between them is necessary. Congress decides upon taxes and how money
The House of Representatives meets in the left wing of the Capitol, and the Senate occupies the right wing Before a site was selected for a new national capital and the government buildings were constructed there Congress met in the former County Courthouse in Philadelphia
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\\
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is spent. In addition, it regulates commerce among the states and with foreign countries. It also sets rules for the naturalization of foreign citizens.
TASK 6. Complete the following text by translating the -words or expressions in brackets.
The (законодательная ветвь) - (конгресс) - consists of the (Сенат) and the (Палата Представителей). Each (сенатор) is elected for six years and each (представитель) for two years, with no limitation on the number of (сроков).
Each of the 50 states elects two (сенатор) under a system in which one-third of the (Сенат) is elected every two years. А (сенатор) must be (старше) 30 years old and must have been an American citizen for (no меньшей мере) nine years.
The (Палата Представителей) has 435 members. Each state is divided into congressional districts of roughly (равное) population, and the (избиратели) of each district elect one (представитель) to (Конгресс). А member must be (старше) 25 years of age and must have been an American citizen for at least seven years.
Both (палата) of (Конгресс) must (одобрить) bills before they become law. The (Сенат) alone (утверждает) the President's (кандидаты) for high-level official positions and (ратифицирует) treaties with other nations.
TASK 7. Read the text.
The President and Federal Departments
The President of the United States is elected every four years to a four-year term of office, with no more than two full terms allowed. As is true with Senators and Representatives, the President is elected directly by the voters (through state electors). In other words, the political party with the most Senators and Representatives does not choose the President. This means that the President can be from one party, and the majority of those in the House of Representatives or Senate (or both) from another. This is not uncommon.
Thus, although one of the parties may win a majority in the midterm elections (those held every two years), the President remains President, even though his party may not have a majority in either house. Such a result could easily hurt his ability to get legislation through Congress, which must pass all laws, but this is not necessarily so. In any case, the President's policies must be approved by the House of Representatives and the Senate before they can become law. In domestic as well as in foreign policy, the President can seldom
count upon the automatic support of Congress, even when his own party has a majority in both the Senate and the House. Therefore, he must be able to convince Congressmen, the Representatives and Senators, of his point of view. He must bargain and compromise. This is a major difference between the American system and those in which the nation's leader represents the majority party or parties, that is parliamentary systems.
Within the Executive Branch, there are a number of executive departments. Currently these are the departments of State, Treasury, Defence, Justice, Interior, Agriculture, Commerce, Labour, Health and Human Resources, Housing and Urban Development, Transportation, Energy, and Education. Each department is established by law, and, as their names indicate, each is responsible for a specific area. The head of each department is appointed by the President. These appointments, however, must be approved by the Senate. None of these Secretaries, as the department heads are usually called, can also be serving in Congress or in another part of the government. Each is directly responsible to the President and only serves as long as the President wants him or her to. They can best be seen, therefore, as Presidential assistants and advisers. When they meet together, they are termed "the President's Cabinet." Some Presidents have relied quite a bit on their Cabinets for advice, and some very little.
TASK 8. Explain the meanings of the folio-wing words and expressions from the text. Make sentences with each of them.
- midterm elections; -term of office;
- Senator;
- Representative;
- Congressman;
- parliamentary system of government;
- executive department;
- Secretary of an executive department;
- the President's Cabinet.
TASK 9. Complete the following text by trtanslating the words and expressions in brackets.
The President of the United States is chosen in a national election for a four-year (пребывание у власти), and may be (переизбран) for a second (срок). Не must be a native-born citizen at least 35 years old. His salary is $200,000 a year, and he also gets an extra $50,000 for expenses; but he must pay (подоходный налог) on the whole amount. He receives up to $100,000
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tax-free for travel and $20,000 for official entertainment, and is provided with a home and extensive office space at the White House.
As head of the Executive Branch, the President must (выполнять) the government programmes (принятые) by Congress. He recommends programmes and laws to Congress and requests money for federal government operations. If a President "vetoes" or refuses to sign a bill passed by the Congress, his (вето) may be (отменено) by a two-thirds vote of both houses of Congress. The President (назначает) federal (судьи), (послы) and hundreds of government (чиновники), and assigns duties to the elected Vice President. If a President dies, (уходит в отставку) or becomes permanently disabled, the Vice President (принимает на себя его обязанности) until the next election.
Under the US Constitution a sitting President may be (смещен с должности) before his term expires only by an impeachment process that begins with the House of Representatives. If upon sufficient evidence, the House drafts a "bill of impeachment," which must be (одобрен) by two-thirds of its тетЬегзЫрХСудебный процесс) in the Senate, with the Chief Justice of the United States acting as the judge and the Senators as the jury, follows. Only one American President has ever been impeached: Andrew Johnson, who was (судим и оправдан) in 1868. But 1974 saw an equally historic confrontation arising out of the "Watergate" affair, which centered on illegal campaign contributions and involved (высокопоставленные государственные чиновники), including President Richard Nixon. Before a trial could take place, however, President Nixon (подал в отставку), and Gerald R. Ford, then Vice President, (сменил) him. The transition was quick and orderly as the business of the nation went on.
TASK 10 Answer the questions .
1. How many terms may a Senator or a Representative serve?
2. Which house of Congress has the power to introduce laws?
3. Name at least three functions of Congress.
4. Does the President always belong to the party which has the majority in Congress?
5. What is the major difference of the American system of government from parliamentary ones?
6. Name at least three functions of the President.
7. Who succeeds the President if he dies or resigns?
8. Under what circumstances can the President be removed from office before his term expires?
9. Who does the President's Cabinet consist of?
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TASK 11.. Read the text and state briefly the functions of each department. Give Russian equivalents for the names of the departments
Federal Departments
The Department of State, headed by the Secretary of State, advises the President on foreign relations. This department handles all peaceful dealings with other countries, and issues passports to American citizens who wish to travel abroad, and visas to visitors to the United States.
The Treasury Department manages government finances, collects taxes, mints coins and prints paper money. The Secret Service, which protects the President and the Vice President, their families and some other dignitaries, is also part of the Treasury Department. So are the Bureau of Customs and the Internal Revenue Service.
The Department of Defence is responsible for the nation's security. The Secretary of Defence is assisted by the Secretaries of the Army, Navy and Air Force.
The Department of Justice, headed by the Attorney General, acts for the government in legal matters and moves against violators of federal laws. The FBI and federal prisons are under his jurisdiction.
The Department of the Interior protects and develops the nation's natural resources and manages the national parks. It also enforces federal hunting and fishing laws, checks on the safety of mines and is responsible for the welfare of the Indian tribes.
The Department of the Agriculture aids food production and looks after the interests of farmers. It issues numerous reports on the supply and prices of farm products, conducts scientific studies of agriculture and lends money to build rural electric systems. Most farms today are served by electricity.
The Department of Labour is concerned with the working conditions, safety and welfare of the nation's nonfarm workers. It enforces, among others, the laws on minimum wages and maximum hours for workers. The department's mediation and conciliation service helps employers and workers to settle labour disputes.
The Department of Commerce helps develop domestic commerce as well as trade with other countries, particularly in the mining, manufacturing and transportation industries. One of its important branches issues patents for new inventions; other test products to be sure they meet high standards and report on weather conditions.
In 1979 the Department of Health, Education and Welfare was reorganized into two separate agencies: the Department of Health and Human Services (HHS) and the Department of Education. HHS administers many of the nation's social services programmes on a federal level. The Department of
6-6858
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lucation administers and co-ordinates more than 150 federal aid-to-education •ogrammes.
The Cabinet-level Department of Housing and Urban Development was created in 1965 to help provide adequate housing, particularly for low-income groups, and to foster large-scale urban renewal programmes.
In 1966 President Lyndon Johnson proposed, and Congress approved, the establishment of a Department of Transportation to co-ordinate transportation activities previously carried on by several government agencies.
The Department of Energy, created in 1977 to address the nation's growing energy problems, consolidated the major federal energy functions into single Cabinet-level department. It is responsible for research, development and demonstration of energy technology; energy conservation; the nuclear weapons programme; regulation of energy production and use; pricing and allocation; and a central energy data collection and analysis programme.
In addition to the executive departments, there are numerous independent agencies charged with special functions. Largest of these is the Postal Service, directed by an 11 -member board of governors, which was created in 1979 to replace the Post Office Department. It operates post offices, is responsible for handling and delivery of mail and issues stamps.
Other independent regulatory agencies set rules and standards in such fields as rail and air transportation, domestic trade practices, broadcasting licenses and telephone and telegraph rates, investment trading, some banking practices, and equal employment opportunities.
Т ASK 12. Read the text.
The Federal Judiciary
The third branch of government, in addition to the legislative (Congress) and executive (President) branches, is the federal judiciary. Its main instrument is the Supreme Court, which watches over the other two branches. It determines whether or not their laws and acts are in accordance with the Constitution. Congress has the power to fix the number of judges sitting on the Court, but it cannot change the powers given to the Supreme Court by the Constitution itself. The Supreme Court consists of a chief justice and eight associate justices. They are nominated by the President but must be approved by the Senate. Once approved, they hold office as Supreme Court Justices for life. A decision of the Supreme Court cannot be appealed to any other court. Neither the President nor Congress can change their decisions. In addition to the Supreme Court, Congress has established 11 federal courts of appeal and, below them, 91 federal district courts.
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The Supreme Court has direct jurisdiction in only two kinds of cases: those involving foreign diplomats and those in which a state is a party. All other cases which reach the Court are appeals from lower courts. The Supreme Court chooses which of these it will hear. Most of the cases involve the interpretation of the Constitution. The Supreme Court also has the "power of judicial review," that is, it has the right to declare laws and actions of the federal, state, and local governments unconstitutional. While not stated in the Constitution, this power was established over time.
TASK 13. Explain the meanings of the following expressions from the text and make sentences with each of them.
Chief Justice; Associate Justice; federal court; district court; direct jurisdiction; lower court; to be unconstitutional.
TASK 14. Answer the questions.
1. What are the functions of the Supreme Court of the USA?
2. Who does the Supreme Court consist of?
3. How long do the Supreme Court Justices serve?
4. Are the Supreme Court Justices elected?
5. Who can change the decisions of the Supreme Court?
6. What lower courts, besides the Supreme Court, are there in the USA ?
7. In what kinds of cases does the Supreme Court have direct jurisdiction?
8. What is the "power of judicial review"? TASK 15. Read the text.
Cost of Government
The average cost of all governments - federal, state and local - to each man, woman and child in the United States is $4,539 a year. About two-thirds of all taxes collected go to the federal government.
The individual income tax provides the federal government slightly less than half its revenues. A person with an average income pays about 11 per cent of it to the government; those with very large incomes must pay up to 50 per cent. Many states also have their own income taxes. Many other taxes - on property, entertainments, automobiles, etc. - are levied to provide funds for national, state and local governments.
Federal government spending for defence purposes, including military help to other nations, has fallen as a portion of total government expenditures from 58.7 per cent in 1958 to 25.7 per cent in fiscal year 1981. The remaining
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74.3 per cent of the federal budget has gone into public welfare programmes, development of water and land resources, public health and education. As a result of the expansion and increased costs of government services, the national debt has increased greatly since World War II.
TASK 16. Find in the text the English equivalents for the expressions below.
- взимать налоги;
- средняя стоимость;
- на оборонные цели;
- личные доходы;
- подоходный налог;
- налог на имущество;
- военная помощь другим странам;
- федеральный бюджет;
- национальный долг.
TASK 17. Using the information in the unit above, discuss the folio-wing questions.
1. What differences are there between: the government of the USA and Congress; the federal and state governments?
2. Which of the two houses of Congress has more power?
3. Which of these people are not elected: the Vice President, the Secretary of State, a Senator, the Supreme Justice, the Attorney General.
4. Which areas of government do these people deal with: the President, the Secretary of Defence, the Secretary of State, the Associate Justices, Representatives in Congress.
5. If the President wants to introduce a new law, what are the functions of the following: the President himself, the House of Representatives, members of the Cabinet?
6. List some similarities and differences between the US system of government and that of your own country.
7. Who has the right of Legislative Initiative?
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Unit III THE SYSTEM OF CHECKS AND ВАЦ* NCES
TASK 1. Read the text and look at the chart.
Checks and Balances
The Constitution provides for three main branches of government which are separate and distinct from one another. The powers given to each are carefully balanced by the powers of the other two. Each branch serves as a check on the others. This is to keep any branch from gaining too much power or from misusing its powers. The chart below illustrates how the equal branches of government are connected and how each is dependent on the other two.
Congress has the power to make laws, but the President may veto any act of Congress. Congress, in its rum, can override a veto by a two-thirds vote in each house. Congress can also refuse to provide funds requested by the President. The President can appoint important officials of his administration, but they must be approved by the Senate. The President also has the power to name all federal judges; they, too, must be approved by the Senate. The courts have the power to determine the constitutionality of all acts of Congress and of presidential actions, and to strike down those they find unconstitutional.
The system of checks and balances makes compromise and consensus necessary. Compromise is also a vital aspect of other levels of government in the United States. This system protects against extremes. It means, for example, that new presidents cannot radically change governmental policies just as they wish. In the US, therefore, when people think of "the government", they usually mean the entire system, that is, the Executive Branch and the President, Congress, and the courts. In fact and in practice, therefore, the President (i.e. "the Administration") is not as powerful as many people outside the US seem to think he is. In comparison with other leaders in systems where the majority party forms "the government", he is much less so.
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The Separation of Powers Checks and Balances
Congress can pass
laws over the
President's veto
by a two-thirds
majority
The Court can declare laws unconstitutional
The Senate must confirm the
President's judicial
appointments
TASK 2. Explain the meanings of the following words and expressions.
a) constitutionality;
b) to strike down an act of Congress;
c) consensus;
d) the Administration.
TASK 3. Find in the text the English equivalents for the expressions below.
- быть связанным с;
- получить слишком большую власть;
- зависеть от;
- политика правительства;
- партия большинства;
- отклонить вето президента;
- одобрить;
- по сравнению с.
TASK 4. Answer the questions.
\. How are the powers of
a) the President;
b) Congress;
c) the Supreme Court limited by the system of checks and balances?
2. What is the role of compromise in the American system of running the country?
3. Why do people abroad tend to exaggerate the power of the US President?
Unit IV AMERICAN FEDERALISM
TASK 1. Read the text.
Federalism: State and Local Governments
The fifty states are quite diverse in size, population, climate, economy, history, and interests. The fifty state governments often differ from one another, too. Because they often approach political, social, or economic questions differently, the states have been called "laboratories of democracy". However, they do share certain basic structures. The individual states all have republican forms of government with a senate and a house. (There is one exception, Nebraska, which has only one legislative body of 49 "senators"). All have executive branches headed by state governors and independent court systems. Each state has also its own constitution. But all must respect the federal laws and not make laws that interfere with those of the other states (e.g., someone who is divorced under the laws of one state is legally divorced in all). Likewise, cities and local authorities must make their laws and regulations so that they fit their own state's constitution.
The Constitution limits the federal government to specific powers, but modern judicial interpretations of the Constitution have expanded federal responsibilities. All others automatically belong to the states and to the local communities. This has meant that there has always been a battle between federal and state's rights. The traditional American distrust of a too powerful central government has kept the battle fairly even over the years. The states and local communities in the US have rights that in other countries generally belong to the central government.
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All education at any level, for example, is the concern of the states. The local communities have the real control at the public school level. They control administration of the schools. They elect the school board officials, and their local community taxes largely support the schools. Each individual school system, therefore, hires and fires and pays its own teachers. It sets its own policies within broad state guidelines. Similarly, there is no national police force, the FBI influence being limited to a very few federal crimes, such as kidnapping. Each state has its own state police and its own criminal laws. The same is true with, for example, marriage and divorce laws, driving laws and licenses, drinking laws, and voting procedures. In turn, each city has its own police force that it hires, trains, controls, and organizes. Neither the President nor the governor of a state has direct power over it. By the way, police departments of counties are often called "sheriffs departments". Sheriffs are usually elected, but state and city police officials are not.
There are many other areas which are also the concern of cities, towns, and villages. Among these are opening and closing hours for stores, street and road repair, or architectural laws and other regulations. Also, one local community might decide that a certain magazine is pornographic and forbid its sale, or local school board might determine that a certain novel should not be in their school library. (A court, however, may later tell the community or school board that they have unfairly attempted to exercise censorship.) But another village, a few miles down the road, might accept both. The same is true of films.
Most states and some cities have their own income taxes. Many cities and counties also have their own laws saying who may and may not own a gun. Many airports, some of them international, are owned and controlled by cities or counties and have their own airport police. Finally, a great many of the most hotly debated questions, which in other countries are decided at the national level, are in America settled by the individual states and communities. Among these are, for example, laws about drug use, capital punishment, abortion, and homosexuality.
A connecting thread that runs all the way through governments in the US is the " accountability" of politicians, officials, agencies, and governmental groups. This means that information and records on crimes, fires, marriages and divorces, court cases, property taxes, etc. are public information. It means, for example, that when a small town needs to build a school or buy a new police car, how much it will cost (and which company offered what at what cost) will be in the local newspaper. In some cities, meetings of the city council are carried live on the radio. As a rule, politicians in the US at any level pay considerable attention to public opinion. Ordinary citizens participate actively and directly in decisions that concern them. In some states, such as California, in fact, citizens can petition to have questions (i.e., "propositions") put on the ballot in state elections. If the proposition is approved by the voters, it then
becomes a law. This "grass roots" character of American democracy can also be seen in New England town meetings or at the public hearings of local school boards.
Adding this up, America has an enormous variety in its governmental bodies. Its system tries to satisfy the needs and wishes of people at the local level, while at the same time the Constitution guarantees basic rights to anyone, anywhere in America. This has been very important, for instance, to the Civil Rights Movement and its struggle to secure equal rights for all Americans, regardless of race, place of residence, or state voting laws. Therefore, although the states control their own elections as well as the registration procedures for national elections, they cannot make laws that would go against an indiv' ual's constitutional rights.
TASK 2. Find in the text the English equivalents for the following expressions below.
- ставить вопрос на голосование;
- расширить круг обязанностей;
- независимо от;
- транслировать по радио в прямом эфире;
- запретить продажу чего-либо;
- городской совет;
- общественное мнение;
- обеспечить равные права.
TASK 3 Answer the questions.
1. What are the common principles in the structures of governments of individual states?
2. Who is the head of the executive branch of power in each state?
3. How must laws and constitutions of different states correlate?
4. What is meant by the "battle" between federal and states' rights?
5. Give at least 5 examples of the areas of public life that the states are responsible for.
6. What is a "sheriff department" and who is a sheriff?
7. Are income taxes and prices of goods the same in different states?
8. What is meant by the "accountability" of politicians and officials?
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TASK 1. Read the text.
UnitV ELECTIONS
Political Parties
The Constitution says nothing about political parties, but over time the US has in fact developed a two-party system. The two leading parties are the Democrats and the Republicans. There are other parties besides these two, and foreign observers are often surprised to learn that among these are also a Communist party and several Socialist parties. Minor parties have occasionally won offices at lower levels of government, but they do not play a role in national politics. In fact, one does not need to be a member of a political party to run in any election at any level of government. Also, people can simply declare themselves to be members of one of the two major parties when they register to vote in a district
Sometimes, the Democrats are thought of as associated with labour, and the Republicans with business and industry. Republicans also tend to oppose the greater involvement of the federal government in some areas of public life which they consider to be the responsibility of the states and communities. Democrats, on the other hand, tend to favour a more active role of the central government in social matters.
To distinguish between the parties is often difficult, however. Furthermore, the traditional European terms of "right" and "left", or "conservative" and "liberal" do not quite fit the American system. Someone from the "conservative right", for instance, would be against a strong central government. Or a Democrat from one part of the country could be very "liberal", and one from another part, quite "conservative". Even if they have been elected as Democrats or Republicans. Representatives or Senators are not bound to a party programme, nor are they subject to any discipline when they disagree with their party.
While some voters will vote a "straight ticket", in other words, for all of the Republican or Democratic candidates in an election, many do not. They vote for one party's candidate for one office, and another's for another. As a result, the political parties have much less actual power than they do in other nations.
In the US, parties cannot win seats which they are then free to fill with party members they have chosen. Rather, both Representatives and Senators are elected to serve the interests of the people and the areas they represent, that is, their "constituencies". In about 70 per cent of legislative decisions,
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Congressmen will vote with the specific wishes of their constituencies in mind, even if this goes against what their own parties might want as national policy. It is quite common, in fact, to find Democrats in Congress voting for a Republican President's legislation, quite a few Republicans voting against it, and so on.
TASK 2. Explain the difference between the two major parties in the US.
TASK 3 Explain the meanings of the following expressions and give Russian equivalents for them.
- to vote a "straight ticket";
- a major party;
- a minor party;
- liberal;
- conservative.
TASK 4. Read the text.
Elections
Anyone who is an American citizen, at least 18 years of age, and is registered to vote may vote. Each state has the right to determine registration procedures. A number of civic groups, such as the League of Women Voters, are actively trying to get more people involved in the electoral process and have drives to register as many people as possible. Voter registration and voting among minorities has dramatically increased during the last twenty years, especially as a result of the Civil Rights Movement.
There is some concern, however, about the number of citizens who could vote in national elections but do not. In the national election of 1984, for instance, only 53.3 per cent of all those who have voted actually did. But then, Americans who want to vote must register, that is put down their names in register before the actual elections take place. There are 50 different registration laws in the US - one set for each state. In the South, voters often have to register not only locally but also at the county seat. In European countries, on the other hand, "permanent registration" of voters is most common. Of those voters in the United States who did register in the 1984 presidential elections, 73 per cent cast their ballots.
Another important factor is that there are many more elections in the US at the state and local levels than there are in most countries. If the number of those who vote in these elections (deciding, for example, if they should pay more taxes so a new main street bridge can be built) were included, the percentage in fact would not be that much different from other countries.
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Certainly, Americans are much more interested in local politics than in those at the federal level. Many of the most important decisions, such as those concerning education, housing, taxes, and so on, are made close to home, in the state or county.
The national presidential elections really consist of two separate campaigns: one is for the nomination of candidates at national party conventions. The other is to win the actual election. The nominating race is a competition between members of the same party. They run in a succession of state primaries and caucuses (which take place between March and June). They hope to gain a majority of delegate votes for their national party conventions (in July or August). The party convention then votes to select the party's official candidate for the presidency. Then follow several months of presidential campaigns by the candidates.
In November of the election year (years divisible by four, e.g. 1988, 1992, 1996, etc.), the voters across the nation go to the polls. If the majority of the popular votes in a state go to the Presidential (and vice-presidential) candidate of one party, then that person is supposed to get all of that state's "electoral votes." These electoral votes are equal to the number of Senators and Representatives each state has in Congress. The candidate with the largest number of these electoral votes wins the election. Each state's electoral votes are formally reported by the "Electoral College." In January of the following year, in a joint session of Congress, the new President and Vice-President are officially announced.
TASK 5 Find т the text the English equivalents for the words and expressions below.
- зарегистрироваться для голосования;
- президентские выборы;
- избиратели;
- избирательный бюллетень;
- избирательная кампания;
- кандидат в президенты;
- коллегия выборщиков;
- утверждение кандидата,
- первичные выборы в партийных организациях;
- первичные выборы на партийных форумах;
- партийный съезд;
- избирательный участок.
TASK 6. Answer the questions.
1. Which American citizens mavvole7
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2. Why do you think many people who could vote in the national election don't do it?
3. Why are most Americans more interested in local politics than in those at the federal level?
4. What parts does the national presidential election consist of?
5. Describe the process of electing the President.
TASK 7. Election Campaign. Role play.
Imagine you are a candidate of one of the major parties: you have already been elected your party's official candidate for the presidency. Write your programme and organize your election campaign. Persuade as many people in the group as possible to vote for you. Use the vocabulary of the unit.
TASK 8. Read the text and compare political attitudes in the US and in your country. Find the statements you agree and disagree with.
Political Attitudes
It's often been said and does seem to be true: Americans seem almost instinctively to dislike government and politicians. They especially tend to dislike "those fools in Washington" who spend their tax money and are always trying to "interfere" in their local and private concerns. Many would no doubt agree with the statement that the best government is the one that governs least. In a 1984 poll, for example, only a fourth of those asked wanted the federal government to do more to solve the country's problems. Neighbourhoods, communities, and states have a strong pride in their ability to deal with their problems themselves, and this feeling is especially strong in the West.
Americans are seldom impressed by government officials (they do like royalty, as long as it's not theirs). They distrust people who call themselves experts. They don't like being ordered to do anything. For example, in the Revolutionary War (1776-83) and in the Civil War (1861-65), American soldiers often elected their own officers. In their films and fiction as well as in television series, Americans often portray corrupt politicians and incompetent officials. Anyone who wants to be President, they say with a smile, isn't qualified. Their newsmen and journalists and television reporters are known the world over for "not showing proper respect" to governmental leaders, whether their own or others. As thousands of foreign observers have remarked, Americans simply do not like authority.
Many visitors to the US are still surprised by the strong egalitarian tendencies they meet in daily life. Americans from different walks of life,
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people with different educational and social backgrounds, will often start talking with one another "just as if they were all equal." Is everybody equal in the land that stated - in the eyes of God and the law - that "all men are created equal?" No, of course not. Some have advantages of birth, wealth, or talent. Some have been to better schools. Some have skins or accents or beliefs that their neighbours don't especially like. Yet the ideal is ever-present in a land where so many different races, language groups, cultural and religious beliefs, hopes, dreams, traditional hates and dislikes have come together.
All in all, what do Americans think of their system of government? What would "We the People" decide today? One American, a Nobel Prize winner in literature, gave this opinion: "We are able to believe that our government is weak, stupid, overbearing, dishonest, and inefficient, and at the same time we are deeply convinced that it is the best government in the world, and we would like to impose it upon everyone else."
Of course, many of today's 240 million Americans would disagree in part or with all. "Who is this one American," they might ask, "to speak for all of us?"
Unit VI
LANGUAGE ACTIVITIES Glimpses of American History
TASK 1 Listen to the tape and fill in the gaps with the words and expressions that you will hear. Retell the texts.
A. Flag Day
Flag Day, June 14, is the birthday of the American Flag. On this day in
1777 the Continental Congress (a)_____stating that the flag of the new
nation should contain (b)______(7 red ones and 6 white ones) to symbolize
the thirteen colonies and thirteen white stars, arranged (c)_____to symbolize
the (d) and (e)____of these colonies.
In 1776, after the colonies had (f)____their (g)_____from Great
Britain, George Washington and two other revolutionary leaders were
(h)____for task of designing a national flag. The colours they chose were red
for (i)_____, white for (j)______ and blue for (k)______ .
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According to American legend, they brought their design to Betsy Ross, a young widow who was an excellent seamstress. She followed their sketch
exactly except for suggesting that the stars be (1)_____ rather than
(m)______. Because she made the first American flag, Betsy Ross's name is
still well-known to Americans. Her little home in Philadelphia has been (n)_____, and tens of thousands of tourists visit it each year.
The American flag has been (o)
__many times since Betsy Ross
made the original. Today the flag still (p)_____, in honour of the original
colonies, but now there are fifty stars. Because of its design, the American flag has been nicknamed "(q)______".
B. Independence Day
Independence Day is one of the most important patriotic holidays celebrated in the United States of America. In 1776 the thirteen American colonies were in the midst of the revolutionary war against Great Britain. On the
4th of July of that year the Continental Congress (a)____, the document
which (b)_____the colonies free and independent states. It is the (c)_____
and the (d)
of this document that Americans remember on July, 4.
The Declaration of Independence was written by Thomas Jefferson who
later became the young nation's (e)_____president. Since Independence Day
is a summer holiday and a day-off from work for almost everyone, many
families enjoy (f)_____ or (g)_____ on the 4th. The occasion is also
(h)_____ by colourful and noisy (i)_____, (j)_____and m some
communities (k)_____. The flag is flown, and red, white and blue ribbons
are used for decoration at (1)_____. The army (m)_____, firing a thirteen
gun salute. Throughout the nation church bells ring (n)_____ the
Philadelphian Liberty Bell that first (o)
American Independence.
C. Why Is the White House White?
We have all heard of the famous White House in Washington, USA, home of the President of America. But how many of us know why it is white? It
is known that the original building was (a)_____by the British during the
British-American war, when the Americans (b)_____.Some time later the
building was painted white, to hide the (c)_____on the walls. And it has
been (d)_____that colour since that time, as (e)_____ of American
history.
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Revision
TASK 1. Complete the following text with the words and phrases from the box, using them in the appropriate form.
constitution; structure; voter; national; to name;
federal; government; to vote; responsibility; violation;
law;
to govern;
to be elected (2);
to be appointed;
to be removed from office.
The United States is a (a)____union of 50 states, with District of
Columbia as the seat of the (b)____government. The Constitution outlines
(c)____of the. national government and specifies its powers and activities.
Other government activities are the (d)____ of the individual states, which
have their own (e)
and (f)_
. Within each state there are counties,
townships, cities and villages, each of which has its own elective (g)____.
All government in the United States is "of, by and for the people".
Members of Congress, the President, state officials and those who (h)____
counties and cities (i)____by popular vote. The President (j)____the
heads of federal departments while judges are either (k)____directly by the
people or (1)____by elected officials, (m)____mark unsigned ballots in
private booths, so that no one else can find out for whom a citizen (n)____.
Public officials may (o)____for failing to perform their duties properly, as
well as for serious (p)____of law.
TASK 2. Complete the following statements with the appropriate and expressions from the Unit.
A.
The US Constitution sets the basic form of government:
ultimate power under the Constitution, in fact, belongs to____
of Rights declares such fundamental rights of any American as__
___.The
The Bill
by
B.
The Supreme Court of the USA consists of ___, and must be approved by___
_. They are appointed
A decision of the Supreme
Court____to any other court. The Supreme Court has direct jurisdiction in
the following kinds of cases:____. All other cases are____. The only
power of the Supreme Court which is not stated in the Constitution is the power of
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C.
All the fifty states of America have____form of government. The
executive branch of the government in each state is headed by____, and the
judicial branch is represented by____. Each state has its own___' which
must not interfere with____.
D.
There is a two-party system in the USA. The Democratic Party is
usually associated with____, and the Republicans, with____. Anyone
who____таУ vote in the presidential election in the US. Those who want to
vote must____before tiie election takes place. The national presidential
elections consist of two separate campaigns: one is ____; the other is
TASK 3. Define the following word-combinations. Illustrate your definitions with examples.
a) Judicial Review;
b) Executive Power;
c) Separation of Powers;
d) bicameral legislature;
e) majority party.
TASK 4 Give the words with the opposite meanings to:
a) to approve;
b) majority;
c) consent;
d) to win;
e) to allow.
Glossary to chapters II and
act (n) - statute, a formal record of sth done of transacted.
- act of Parliament.
amend (v) - to change or modify for the better, improve.
- amendment (n) appoint (v) - see Ch. I
approve (v) - to give formal or official sanction, ratify.
- disapprove (n)- see bench Ch. I
ballot (n) - a sheet of paper, or orig. a small ball, used in secret voting. ballot-box (n) -a locked box wherein ballots are deposited.
7-6858
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bench (n) - see Ch. I. bill (n) - see Ch. I.
branch (n) (of Government) - see Ch. I.
canvass (n) - the act of examining and counting the returns of votes cast at a public election to determine authenticity.
- canvassing.
caucus (n) - a meeting of the legal voters of any political party
assembled for the purpose of choosing delegates or for the nomination
of candidates for office. chancellor (n) - the name given in some states to the judge (or the
presiding judge) of a court of chancery.
~ of the Exchequer - head of the department of the English
government which has charge of the collection of the national
revenue.
~ of the University - a university president, or chief executive officer
of higher education system in certain states. checks and balances (n) (the system of -)- arrangement of
governmental powers where powers of one governmental branch
check or balance those of other branches. civil (adj) (~ list, ~ servant) - see Ch. I. Confederation (n) (Articles of ~)- the compact among the thirteen
original states that established the first government of the United
States. constituency (n) - the inhabitants of an electoral district.
constituent (n) - a person who gives authority to another to act for
him. • convention (n) 1.- an assembly of delegates chosen by a political party,
or by the party organization in a larger or smaller territory, to
nominate candidates for an approaching election.
2. a treaty, an agreement, a commercial agreement, a contract. county (n) 1. GB - division of GB, the largest unit of local government
2. US - the largest territorial division for local government in state.
- ~ court. consensus (n) - see Ch. I.
debate (n) - formal discussion, e.g. at a public meeting or in Parliament.
- debate (v).
department (n) (US) - the largest unit of the executive branch, covering a broad area of government responsibility. The heads of the departments (secretaries) form the president's cabinet.
dissolve (v) (~ Parliament) - to terminate, cancel, annul.
election (n) - a formal procedure for voting.
- presidential ~.
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- to hold, schedule an -.
- to win/lose an ~.
- elect (v).
- elector (n).
- electoral (adj).
electoral campaign (n) - an organized effort to persuade voters to choose one candidate over others competing for the same office. electoral college (n) - a body of electors who are chosen by voters to cast ballots for president and vice president. execute (v) (a law) - to give effect to; to make legally binding.
- execution (n).
executive (adj) - as distinguished from the legislative and judicial departments (branches) of government, the executive department is that which is charged with the detail of carrying the laws into effect and securing their due observance.
- ~ department (n).
- ~ officer (n).
- -powers (n).
federal (adj) - 1. belonging to the federal government or union of states. 2. founded on ,or organized under, the Constitution of the United States.
~ courts (n) - the courts of the US (as distinguished from state, county or city courts) created either by Art III of the US Constitution or Congress.
- ~ government (n).
federalism (n) - the division of power among a central government
and regional governments. front bench (n) - see Ch. I.
impartial (adj) - treating all alike; unbiased; equitable, fair and just. impeach (v) - to proceed against a public officer (e.g. President) for
crime or misfeasance, before a proper court, by the presentation of a
written accusation ("articles of impeachment").
impeachment (n) - the formal charging of a government official with
any high crimes and misdemeanors. judicial (adj) (branch) - the branch of government that interprets laws.
- -power.
- ~ review.
Judiciary (n) - 1. the branch of government invested with the judicial power.
2. the system of courts in a country (also Judicial system).
3. the body of Judges.
justice (n) - 1. proper administration of laws.
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2. title given to judge, particularly to judges of US and state supreme courts, and as well to judges of appellate courts.
Associate ~s - judges of courts, other than the presiding or chief justice.
Supreme - (also Chief ~) - the presiding, most senior, or principal justice of a court.
~ of the Peace (GB) - a lay magistrate empowered chiefly to administer summary justice in minor cases.
knight (n) (GB) - in English law, the next personal dignity after the nobility, having several orders and degrees. - knighthood (n).
legislate (v) - to enact laws or pass resolutions via legislation, in contrast to court-made laws.
- legislator(ri)
legislative (adj) (branch) - the law-making branch of government.
—power.
legislation (n) - 1. the act of giving or enacting laws.
2. the power to make laws.
3. laws enacted by lawmaking body (e.g. by Congress). legislature (n)- the department, assembly or body of persons that
makes statutory laws for a state or nation (e.g. by Congress). majority (n) - the number (of votes) greater than half of any total.
- ~ leader - the head of the majority party in the Senate.
- -party.
— rule - the principle that the decision of a group must reflect the preference of more than half of those participating.
- ~ of seats.
— vote - vote by more than half of voters for candidate or other, matter on ballot.
manifesto (n) (of a party) - public declaration or proclamation of
political or social principles. minority (n) - the smaller number (of votes).
- -party.
— rights - the benefits of government that cannot be denied to any citizens by majority decisions.
monarchy (n) - a government in which the supreme power is vested in a single person.
- constitutional (limited) -.
- monarch (n).
nominate (v) (as, for) - to designate as an official candidate of a political party.
- nomination (n) (to).
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- nominee (n) - a person who has been nominated.
overrule (v) (also override) - to supersede, to annul; to reject by subsequent action or decision.
- ~ a veto, decision.
peer (n) (GB) - (~ of the realm) - a person with the right to sit in the House of Lords.
Life ~ - a person elected to the House of Lords for life (contrasted with a hereditary ~).
- peerage (n) - 1. the whole body of peers. 2. rank of peer.
poll (v) - 1 .to vote at an election. 2. receive a certain number of votes.
- -ing-booth (-station) - place where voters go to record votes.
- -ing day - day appointed for a poll. poll (n) -1. voting at an election.
2. list of voters; counting of the voters.
3. place where voting takes place.
(public) opinion - - survey of public opinion by putting questions to a
representative selection of persons. primary (election) -a preliminary election conducted within a political
party to select candidates who will run for public office in a
subsequent election. property (n) - 1. possessions, things owned.
2. the unrestricted and exclusive right to a thing.
- personal - - movable belongings.
- private ~ - property belonging absolutely to an individual of which he has the exclusive right of disposition.
- real - - land; buildings (or whatever is erected or growing upon or affixed to land).
- ~ law. proportional representation (n) -an electoral system that awards
legislative seats to political parties in proportion to the number of
votes won in an election. referendum (n) - an election on a policy issue. representative government (n) - (also called indirect democracy) - a
system of rule in which citizens participate by electing public officials
to make government decisions for them. resign (v) (from) - to give up a post.
-resignation (n) (from). revenue (n) - income, esp. the total annual income of the State.
- public -s - the income which a government collects and receives into its treasury, and is appropriated for the payment of its expenses.
102
103
secretary (n) (US) - head of an executive department, member of the
President's Cabinet.(e.g. ~ of State). seizure (n) (of property) - the act of taking possession of property, e.g.
for a violation of law or by virtue of an execution of a judgement.
- seize (v).
Shadow Cabinet (n) (GB) - group formed from the leaders of the Parliamentary Opposition, i.e. those who might form a new cabinet if there is a change of government after a general election.
sheriff (n) (US) - the chief executive and administrative office of a county, being chosen by popular election.
sovereign (n) - 1. a chief ruler with supreme power. 2. a king or other ruler in a monarchy.
- sovereignty (n).
tax (n) - a charge by the government on the income of an individual, corporation, or on the value of an estate or gift or property.
- ~ law.
- -payer.
- to impose, levy, put a ~ (on).
- to collect a ~ (from)
- to cut, lower, reduce ~s (vs to increase, raise ~s).
- to pay a ~ (on).
taxation (n) - the process of taxing or imposing a tax. term of office (n) - the period during which elected officer or appointee
is entitled to hold office, perform its functions and enjoy its privileges. township (n) (US) - in some of the states, the name given to the civil and
political subdivisions of a county. veto (n) (of, over) (US) - the President's disapproval of a bill that has
been passed by both houses of Congress, which can be overridden by
a two-thirds vote in each house of Congress.
- veto (v).
- to exercise, impose, use a ~.
- to override, overrule a ~.
violate (v) - to break (a law, a treaty, an oath, etc.).
- violation.
- to commit a violation.
- in violation of (a law).
vote (n) - right to give an expression of opinion or will by persons for or against sb or sth, esp. by ballot or by putting up of hands.
- ~ (v) (for/against).
- ~* (v) (on/upon, e.g. a resolution).
- voter (n).
Chapter IV
You - The Jury
Unit I. A Handbook on Jury Service.....................................................103
Unit II. Justice?.....................................................................................115
Unit III. Language Activities. Lady Wyatt Accused of Shop-Lifting.. 118
Revision................................................................................................121
Just for Fun...........................................................................................122
Glossary................................................................................................123
Unit I A HANDBOOK ON JURY SERVICE
TASK 1. The following texts come from a handbook on jury service for US citizens Read the texts consulting the glossary.
Jury Service - An Important Job and a Rewarding Experience
The right to trial by a jury of our fellow citizens is one of our most important rights and is guaranteed by the Constitution of the United States. By serving on a Jury, then, you are helping to guarantee one of our most important freedoms.
Your job as a juror is to listen to all the evidence presented at trial and to "decide the facts" - that is, to decide what really happened. The judge, on the other hand, "decides the law" - that is, makes decisions on legal issues that come up during the trial. For example, the judge may have to decide whether you and the other jurors may hear certain evidence or whether one lawyer may ask a witness a certain question. You should not try to decide these legal issues, sometimes you will even be asked to leave the courtroom while they are being decided. Both your job and that of the judge must be done well if our system of trial by jury is to work. In order to do your job you do not need any special knowledge or ability. It is enough that you keep an open mind, concentrate on the evidence being presented, use your common sense, and be fair and honest.
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Finally, you should not be influenced by sympathy or prejudice: it is vital that you be impartial with regard to all people and all ideas.
Many jurors find that it is exciting to learn about this most important system "from the inside", and challenging to deal fairly and thoroughly with the cases they hear. We hope that you, too, find your experience as a juror to be interesting and satisfying.
How You Were Chosen
Your name was selected at random from voter registration records and placed on a list of potential jurors. Next, your answers to the Questionnaire for Jurors were evaluated to make sure that you were eligible for jury service and were not exempt from service. To be eligible, you must be over 18 years of age, a citizen of the United States, a resident of the county in which you are to serve as a juror, able to communicate in the English language and if you have been convicted of a felony, you must have had your civil rights restored. People who meet these requirements may be excused from jury service if they have illnesses that would interfere with their ability to do a good job, would suffer great hardship if required to serve, or are unable to serve for some other reason.
You are here because you were found to be eligible for jury duty and were able to serve. You are now part of the "jury pool", the group of people from which trial juries are chosen.
Selection of the Trial Jury
The first step in the selection of the trial jury is the selection of a "jury panel". When you are selected for a jury panel you will be directed to report, along with other panel members, to a courtroom m which a case is to be heard once a jury is selected. The judge assigned to that case will tell you about the case and will introduce the lawyers and the people involved in the case. You will also take an oath, by which you promise to answer all questions truthfully. Following this explanation of the case and the taking of the oath, the judge and the lawyers will question you and the other members of the panel to find out if you have any personal interest in it, or any feelings that might make it hard for you to be impartial. This process of questioning is called VOIR DIRE, a phrase meaning "to speak the truth".
Many of the questions the judge and lawyers ask you during VOIR DIRE may seem very personal to you, but you should answer them completely and honestly. Remember that the lawyers are not trying to embarrass you, but are trying to make sure that members of the jury do not have opinions or past experiences which might prevent them from making an impartial decision.
During VOIR DIRE the lawyers may ask the judge to excuse you or another member of panel from sitting on the jury for this particular case. This is
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called CHALLENGING A JUROR. There are two types of challenges. The first is called a CHALLENGE FOR CAUSE, which means that the lawyer has a specific reason for thinking that the juror would not be able to be impartial. For example, the case may involve the theft of a car. If one of the jurors has had a car stolen and still feels angry or upset about it, the lawyer for the person accused of the theft could ask that the juror be excused for that reason. There is no limit on the number of panel members that the lawyers may have excused for cause.
The second type of challenge is called a PEREMPTORY CHALLENGE, which means that the lawyer does not have to state a reason for asking that the juror be excused. Like challenges for cause, peremptory challenges are designed to allow lawyers to do their best to assure that their clients will have a fair trial. Unlike challenges for cause, however, the number of peremptory challenges is limited.
Please tr> not to take offence if you are excused from serving on a particular jury. The lawyer who challenges you is not suggesting that you lack ability or honesty, merely that there is some doubt about your impartiality because of the circumstances of the particular case and your past experiences. If you are excused, you will either return to the juror waiting area and wait to be called for another panel or will be excused from service, depending on the local procedures in the county in which you live.
Those jurors who have not been challenged become the jury for the case. Depending on the kind of case, there will be either six or twelve jurors. The judge may also allow selection of one or more alternate jurors, who will serve if one of the jurors is unable to do so because of illness or some other reason.
Your Working Day
The number of the days you work as a juror and your working hours depend on the jury selection system in the county in which you live. Working hours may also be varied by the judge to accommodate witnesses coming from out of town or for other reasons.
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Regardless of the length of your working day, one thing that may strike you is the amount of waiting. For example, you may have to wait a long while before you are called for a jury panel. You also may be kept waiting in the jury room during trial while the judge and the lawyers settle a question of law that has come up.
This waiting may seem like a waste of time to you and also may make it seem as if the court system isn't working very well. In reality, however, there are good reasons for the waiting you do both before and during trial.
Your having to wait before trial is important for the efficient operation of the system. Because there are many cases to be heard and because trials are expensive, judges encourage people to come to an agreement in their case before trial. These agreements, called SETTLEMENTS, can occur at any time, even a few minutes before the trial is scheduled to begin. This means that it is impossible to know exactly how many trials there will be on a particular day or when they will start. Jurors are kept waiting, therefore, so that they are immediately available for the next case that goes to trial.
Your waiting during trial helps assure the fairness of the proceedings. You will remember that the jurors decide the facts and that the judge decides the law. If you are sent out of the courtroom during trial, it is probably because a legal issue has come up that must be decided before more evidence can be presented to you. You are sent out because the judge decides that you should not hear the discussion about the law, because it might interfere with your ability to decide the facts in an impartial way. Sometimes the judge will explain why you were sent out, but sometimes he may not be able to do so. Please be assured, however, that these delays during trial, explained or not, are important to the fairness of the trial.
In any case, judges and personnel do whatever they can to minimize the waiting before and during trial. Your understanding is appreciated.
TASK 2. Give Russian equivalents Jor the following words and translate the definitions info Russian
CASE - any proceeding, action, cause, lawsuit or controversy initiated through the court system by filing a complaint, petition or information.
WITNESS - person who testifies under oath in court regarding what was seen, heard or otherwise observed.
TRIAL - the presentation of evidence in court to a trier of facts who applies the applicable law to those facts and then decides the case.
EVIDENCE - a form of proof legally presented at a trial through witnesses, records, documents, etc.
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TASK 3, Paraphraze the following words and expressions and explain their meanings.
- fellow citizens;
- courtroom;
- prejudice;
- to deal thoroughly with the cases;
- to exempt from jury service;
- to meet some requirements;
- impartial decision;
- to be available for case;
- legal issues;
- common sense;
- to select at random;
- eligible for service;
- to have one's civil rights restored;
- to be excused from jury service;
- to accommodate a witness;
- delays during trial.
TASK 4. Answer the questions.
1. What is the job of a juror?
2. What is the job of a judge?
3. What qualities should a good juror have?
4. What requirements should one meet to be eligible for jury service?
5. What are the reasons for a person to be excused from jury service?
6. What is the aim of VOLR DIRE!
1. What is CHALLENGING A JUROR?
8. What are the types of challenge?
9. What does a juror's working day depend on?
10. Who are alternative jurors?
TASK 5. Read the text.
Kinds of Cases
As a juror, you may sit on a criminal case, a civil case, or both.
Civil Cases. Civil cases are usually disputes between or among private citizens, corporations, governments, government agencies, and other organizations. Most often, the party bringing the suit is asking for money damages for some wrong that has been done. For example, a tenant may sue a landlord for failure to fix a leaky roof, or a landlord may sue a tenant for failure
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to pay rent. People who have been injured may sue a person or a company they feel is responsible for the injury.
The party bringing the suit is called the PLAINTIFF; the party being sued is called the DEFENDANT. There may be many plaintiffs or many defendants in the same case.
The plaintiff starts the lawsuit by filing a paper called a COMPLAINT, in which the case against the defendant is stated. The next paper filed is usually the ANSWER, in which the defendant disputes what the plaintiff has said in the complaint. The defendant may also feel that there has been a wrong committed by the plaintiff, in which case a COUNTERCLAIM will be filed along with the answer. It is up to the plaintiff to prove the case against the defendant. In each civil case the judge tells the jury the extent to which the plaintiff must prove the case. This is called the plaintiffs BURDEN OF PROOF, a burden that the plaintiff must meet in order to win. In most civil cases the plaintiffs burden is to prove the case by a PREPONDERANCE OF EVIDENCE, that is, that the plaintiffs version of what happened in the case is more probably true than not true.
Jury verdicts do not need to be unanimous in civil cases. Only ten jurors need to agree upon a verdict if there are 12 jurors: five must agree if there are six jurors.
Criminal Cases. A criminal case is brought by the state or by a city or county against a person or persons accused of having committed a crime. The state, city, or county is called the PLAINTIFF; the accused person is called the DEFENDANT. The charge against the defendant is called an INFORMATION or a COMPLAINT. The defendant has pleaded not guilty and you should presume the defendant's innocence throughout the entire trial unless the plaintiff proves the defendant guilty. The plaintiffs burden of proof is greater in a criminal case than in a civil case. In each criminal case you hear the judge will tell you all the elements of the crime that the plaintiff must prove; the plaintiff must prove each of these elements BEYOND REASONABLE DOUBT before the defendant can be found guilty.
In criminal cases the verdict must be unanimous, that is, all jurors must agree that the defendant is guilty in order to overcome the presumption of innocence.
TASK 6. Give Russian equivalents for the following words and translate the definitions into Russian.
DEFENDANT - (crim.) person charged with a crime, (civ.) person or entity against whom a civil action is brought. ACTION - proceeding taken in court synonymous to case, suit, lawsuit.
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PREPONDERANCE OF EVIDENCE means that the weight of evidence presented by one side is more convincing to the trier of facts than the evidence presented by the opposing side.
PLAINTIFF - the party who begins an action, complains or sues.
COUNTERCLAIM - claim presented by a defendant in opposition to the claim of the plaintiff.
COMPLAINT - (crim.) formal written charge that a person has committed a criminal offence.
(civ.) initial document filed by a plaintiff which starts the claim against the defendant.
TASK 7. Give English equivalents for the following words and expressions.
- подать иск;
- начать (возбудить) дело;
- арендатор;
- показания (2);
- предубеждение;
- судебное разбирательство (3);
- истец;
- совершить преступление;
- признать виновным;
- заслушать показания;
- исключить из состава присяжных;
- восстановить в гражданских правах;
- люди, замешанные в деле;
- частные лица;
- материальный ущерб;
- домовладелец;
- ответственность за ущерб;
- ответчик;
- подать иск;
- ответный иск;
- обвинен в преступлении;
- заявить о невиновности;
- единодушное решение присяжных;
- вопросы права;
- урегулирование дела;
- принять присягу.
TASK 8. Answer the questions.
\.WhatisaCIVILCASEl
по
2. Who is a PLAINTIFF?
3. Who is a DEFENDANT!
4. What is a COMPLAINT!
5. Whatisan^,W£/??
6. What is a COUNTERCLAIM!
I. What is a BURDEN OF PROOF1
8. What is a CRIMINAL CASE7
9. What is PREPONDERANCE OF EVIDENCE!
10. How many jurors are necessary to agree upon the verdict in a criminal case?
I1. Who is the plaintiff in a criminal case?
TASK 9. Read the texts.
Courtroom Personnel
In addition to the lawyers and the judge, three other people will play an important role in the trial. The COURT REPORTER, who sits close to the witnesses and the judge, puts down every word that is spoken during the trial and also may record the proceedings on tape. The CLERK, who sits right below the judge, keeps track of all documents and exhibits and notes down important events in the trial. The BAILIFF helps to keep the trial running smoothly. The jury is in the custody of the bailiff, who sees to the jurors comfort and convenience and helps them if they are having any problems related to jury service.
What Happens During the Trial
Events in a trial usually happen in a particular order, though the order may be changed by the judge. The usual order of events is set out below.
Step 1: Selection of the Jury.
Step 2: Opening Statements. The lawyers for each side will discuss their views of the case that you are to hear and will also present a general picture of what they intend to prove about the case. What the lawyers say in their opening statements is not evidence and, therefore, does not help prove their cases.
Step 3: Presentation of Evidence. All parties are entitled to present evidence. The testimony of witnesses who testify at trial is evidence. Evidence may also take the form of physical exhibits, such as a gun or a photograph. On occasion, the written testimony of people not able to attend the trial may also be evidence in the cases you will hear.
Many things you will see and hear during the trial are not evidence. For example, what the lawyers say in their opening and closing statements is not evidence. Physical exhibits offered by the lawyers, but not admitted by the
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judge, are also to be disregarded, as is testimony that the judge orders stricken off the record.
Many times during the trial the lawyers may make OBJECTIONS to evidence presented by the other side or to questions asked by the other lawyer. Lawyers are allowed to object to these things when they consider them improper under the laws of evidence. It is up to the judge to decide whether each objection was valid or invalid, and whether, therefore, the evidence can be admitted or the question allowed. If the objection was valid, the judge will SUSTAIN THE OBJECTION. If the objection was not valid, the judge will OVERRULE THE OBJECTION. These rulings do not reflect the judge's opinion of the case or whether the judge favours or does not favour the evidence or the question to which there has been an objection.
It is your duty as a juror to decide the weight or importance of evidence or testimony allowed by the judge. You are also the sole judge of the CREDIBILITY OF WITNESSES, that is, of whether their testimony is believable. In considering credibility, you may take into account the witnesses* opportunity and ability to observe the events about which they are testifying, their memory and manner while testifying, the reasonableness of their testimony when considered in the light of all the other evidence in the case, their possible bias or prejudice, and any other factors that bear on the believability of the testimony or on the importance to be given that testimony.
Step 4: The Instructions. Following presentation of all the evidence, the judge instructs the jury on the laws that are to guide the jury in their deliberations on a verdict. A copy of the instructions will be sent to the jury room for the use of jurors during their deliberations. All documents or physical objects that have been received into evidence will also be sent to the jury room.
Step 5: Closing Arguments The lawyers in the closing arguments summarize the case from their point of view. They may discuss the evidence that has been presented or comment on the credibility of witnesses. The lawyers may also discuss any of the judge's instructions that they feel are of special importance to their case. These arguments are not evidence.
Step 6: Jury Deliberation. The jury retires to the jury room to conduct the deliberations on the verdict in the case they have just heard. The jury first elects a foreman who will see to it that discussion is conducted in a sensible and orderly fashion, that all issues are fully and fairly discussed, and that every juror is given a fair chance to participate.
When a verdict has been reached, the foreman signs it and informs the bailiff. The jury returns to the courtroom, where the foreman presents the verdict. The judge then discharges the jury from the case.
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TASK 10. Paraphrase the following words and expressions and explain their meanings.
- lawyers for each side;
- intend to prove;
- to testify:
- improper objections;
- it'sup to the judge;
- valid or invalid;
- to sustain the objection;
- to favour one of the sides;
- to summarize the case;
- the jury retires;
- sensible and orderly fashion.
TASK 11. Answer the questions.
1. What is the difference between the court reporter and the clerk?
2. What are the bailiffs duties?
3. What are the steps of a trial?
4. How is jury selected?
5. Define the word EVIDENCE. What can not be considered evidence?
6. Can you give examples of physical exhibits?
7. What can you tell about OBJECTIONS'?
8. What can you tell about INSTRUCTIONS!
9. Who presents CLOSING ARGUMENTS!
10. What have you learned about JURY DELIBERATIONS!
TASK 12. Read the text carefully and comment on the advice given to jurors. Be ready to explain the relevance of each item.
Do's and Don'ts for Jurors
During trial
1. DO arrive on time. The trial can not proceed until all jurors are present. Do return to the courtroom promptly after breaks and lunch.
2. DO pay close attention to witnesses. Concentrate both on what the witnesses say and on their manner while testifying. If you cannot hear what is being said, raise your hand and let the judge know.
3. DO keep an open mind all through the trial. DON'T form an opinion on the case until you and the other jurors have conducted your deliberations. Remember that if you make up your mind while listening to one witness's
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testimony, you may not be able to consider fully and fairly the testimony that comes later.
4. DO listen carefully to the instructions read by the judge immediately before the jury begins its deliberations. Remember that it is your duty to accept what the judge says about the law to be applied to the case you have heard. DON'T ignore the judge's instructions because you disagree about what the law is or ought to be.
5. DON'T try to guess what the judge thinks about the case. Remember that the judge's rulings do not reflect personal views.
6. DON'T talk about the case with anyone while the trial is going on, not even with other jurors. It is equally important that you do not allow other people to talk about the case in your presence, even a family member.
7. DON' I talk to the lawyers, parties, or witnesses about anything. These people are not permitted to talk to jurors and may appear to ignore you outside the courtroom. Remember that they are not trying to be rude: they are merely trying to avoid giving the impression that something unfair is going on.
8. DON'T try do discover evidence on your own. For example, never go to the scene of any event that is part of the case you are hearing. Remember that cases must be decided only on the basis of evidence admitted in court.
9. DON'T let yourself get any information about the case from newspapers, television, radio, or any other source. Remember that news reports do not always give accurate or complete information. Even if the news about the trial is accurate, it cannot substitute for your own impressions about the case. If you should accidentally hear outside information about the case during trial, tell the bailiff about it in private.
10. DON'T take notes during the trial unless the judge gives you permission to do so.
11. DON'T attempt to ask witness any questions. If you were to take part in asking questions, it might be hard for you to remain impartial. In addition, because you are not trained in the law, your questions might not be proper under the rules of evidence. Most of your questions will be answered sooner or later in the course of questioning by the lawyers.
12. DON'T express your opinion about the case to other jurors until deliberations begin. A person who has expressed an opinion tends to pay attention only to evidence that supports it and to ignore evidence that points the other way.
During deliberations
\. DO consult with the other jurors before making up your mind about a verdict. Each juror must make up his or her own mind, but only after impartial group consideration of the evidence.
2. DO reason out differences of opinion between jurors by means of a complete and fair discussion of the evidence and of the judge's instructions.
8-6858
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DON'T lose your temper, try to bully other jurors, or refuse to listen to the opinions of other jurors.
3. DO reconsider your views in the light of your deliberations, and change them if you have become convinced they are wrong. DON'T change your convictions about the importance or effect of evidence, however, just because other jurors disagree with you or so that the jury can decide on a
verdict.
4. DON'T play cards, read, or engage in any other diversion.
5. DON'T mark or write on exhibits or otherwise change or injure them.
6. DON'T try to guess what might happen if the case you have heard is appealed. Remember that courts of appeal deal only with legal questions and will not change your verdict if you decided the facts based on popular evidence
and instructions.
7. DON'T cast lots or otherwise arrive at your verdict by chance, or the verdict will be illegal. It is also illegal for a jury to determine the amounts decided on by each individual juror.
8. DON'T talk to anyone about your deliberations or about the verdict until the judge discharges the jury. After discharge you may discuss the verdict and the deliberations with anyone to whom you wish to speak. DON'T feel obligated to do so; no juror can be forced to talk without a court order DO be careful about what you say to others. You should not say or write anything that you would not be willing to state under oath.
TASK 13 Work in groups Make a list of seven false statements on what jurors should and shouldn 't do. Argue your opponents' list.
Unit II JUSTICE?
TASK I. Look at these statements What do you think of them as a potential juror?
KILL I № 15 Jl>ST/F/f2>,
гтте тнелг
TASK 2 Read the text and discuss it in group
The Punishment Should Fit the Crime
National and local newspapers regularly print accounts of legal cases, and quite often the stories they choose are ones in which the punishment does not appear to fit the crime. It is easy to read a paragraph about a criminal case and to become outraged at the sentence passed by a judge. We have to remember that the short paragraph sums up a complicated legal case which might have taken hours, days or even weeks of court time, and that the judge knew a lot more about the case than the casual newspaper reader. However, sentences and penalties vary widely from one court to another. As every football fan knows, referees make mistakes, and the referee is much more likely to be mistaken when his decision goes against one's own team.
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TASK 3. Read the texts and discuss each case applying the questions below.
1. Was justice done?
2. If you had been the judge, would you have given a different sentence?
3. Would you have chosen a lighter sentence, or a more
severe one?
4. How would you have felt if you had been the victim of the crime?
5. How would you have felt if you had been the defendant?
6. If you had been the judge, what other facts and circumstances would you have wanted to know?
Manslaughter
In 1981 Marianne Bachmeir, from Lubeck, West Germany, was in court watching the trial of Klaus Grabowski, who had murdered her 7 year-old daughter. Grabowski had a history of attacking children. During the trial, Frau Bachmeir pulled a Beretta 22 pistol from her handbag and fired eight bullets, six of which hit Grabowski, killing him. The defence said she had bought the pistol with the intention of committing suicide, but when she saw Grabowski in court she drew the pistol and pulled the trigger. She was found not guilty of murder, but was given six years imprisonment for manslaughter. West German newspapers reflected the opinion of millions of Germans that she should have been freed, calling her "the avenging mother".
Homicide
Bernard Lewis, a mirty-six-old man, while preparing dinner became involved in an argument with his drunken wife. In a fit of a rage Lewis, using the kitchen knife with which he had been preparing the meal, stabbed and killed his wife. He immediately called for assistance, and readily confessed when the first patrolman appeared on the scene with the ambulance attendant. He pleaded guilty to manslaughter. The probation department's investigation indicated that Lewis was a rigid individual who never drank, worked regularly, and had no previous criminal record. His thirty-year-old deceased wife, and mother of three children, was a "fine girl" when sober but was frequently drunk and on a number of occasions when intoxicated had left their small children unattended. After due consideration of the background of the offence and especially of the plight of the three motherless youngsters, the judge placed Lewis on probation so that he could work , support, and take care of the children. On probation Lewis adjusted well, worked regularly, appeared to be devoted to the children, and a few years later was discharged as "improved" from probation.
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Murder
In 1952 two youths in Mitcham, London, decided to rob a dairy. They were Christopher Craig, aged 16, and Derek William Bentley, 19. During the robbery they were disturbed by Sydney Miles, a policeman. Craig produced a gun a killed the policeman. At that time Britain still had the death penalty for certain types of-murder, including murder during a robbery. Because Craig was under 18, he was sentenced to life imprisonment. Bently who had never touched the gun, was over 18. He was hanged in 1953. The case was quoted by opponents of capital punishment, which was abolished in 1965.
Assault
In 1976 a drunk walked into a supermarket. When the manager asked him to leave, the drunk assaulted him, knocking out a tooth. A policeman who arrived and tried to stop the fight had his jaw broken. The drunk was fined £10.
Shop-lifting
In June 1980 Lady Isabel Barnett, a well-known TV personality was convicted of stealing a tin of tuna fish and a carton of cream, total value 87p, from a small shop. The case was given enormous publicity. She was fined £75 and had to pay £200 towards the cost of the case. A few days later she killed herself.
Fraud
This is an example of a civil case rather than a criminal one. A man had taken out an insurance policy of £100,000 on his life. The policy was due to expire at 3 o'clock on a certain day. The man was in serious financial difficulties, and at 2.30 on the expire day he consulted his solicitor. He then went out and called a taxi. He asked the driver to make a note of the time, 2.50. He then shot himself. Suicide used not to cancel an insurance policy automatically. (It does nowadays.) The company refused to pay the man's wife, and the courts supported them.
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Unit III
LANGUAGE ACTIVITIES Lady Wyatt Accused of Shop-Lifting
TASK 1. Read the list of characters involved in the case of shop-lifting. Choose one for yourself.
Lady Wyatt Mr Bell
Sir David Wilton Dr Soames Mr Green Miss Toad
The prosecutor The defence
- the accused, a rich and unbalanced woman.
- the store detective, a real nosey parker.
- an old friend of lady Wyatt, just a gentlemen.
- lady Wyatt's family doctor, a very secretive personality, -the store manager, very inexperienced.
- shop assistant, a dangerous mixture of chatterbox and scatterbrain.
TASK2. Read Lady Wyatt's written account and the store detective's report. Present them using the colour idioms.
Lady Wyatt: On Wednesday morning I went to Hall's Department Store to do some shopping and to meet a friend for lunch. In the Ladies Fashion Department I bought a belt and a bag and paid for them. As I was waiting for the lift to go up to the Rooftop Coffee Lounge, I saw a silk scarf that I liked. I tried it on and decided to buy it. I looked around for an assistant to pay but couldn't see anybody. The lift came and as I was late for my appointment, I put the scarf with my other purchases, intending to pay for it later on my way out. Unfortunately, I forgot to pay and was stopped at the door by the store detective who asked me to go to the manager's office where I was accused of having stolen the scarf. It's quite ridiculous. I simply forgot to pay.
Mr.Bell: I was on duty on the second floor when I observed Lady Wyatt trying on a scarf. She looked at herself in the mirror, looked round several times and then
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put the scarf in her bag. She then went up in the lift to the top floor cafe where she met a man. I kept up my observation and when they left together, I followed them to the door. She had made no attempt to pay so I stopped her and asked her to accompany me to the manager's office. She become abusive and refused to go with me until a policeman arrived on the scene.
right.
Colour Idioms. Match the idioms on the left with their definitions on the
a) to catch sb. red-handed
b) to see red
c) to appear out of the blue
d) in the black and white
e) in the red
1. broke, having no money
2. from nowhere, unexpectedly
3. To catch sb. during his committing a crime
4. get terribly angry
5. in a very clear way
TASK 3. Listen to Lady Wyatt being cross-examined, first by the Prosecution, and then by the Defence. Answer the questions. Prosecution's cross-examination:
1. What did she say she had intended to do?
2. Why hadn't she done it?
3. Why didn't she spend more time looking for an assistant?
4. Is she usually punctual?
5. How long had she been taking the pills?
6. Had she ever suffered from loss of memory?
7. Had she ever stolen anything?
Defence's cross-examination:
1 .How wealthy is she?
2. Does she need to work?
3. Is she a regular customer?
4. How much does she spend there a year?
5. What would she have done if she hadn't been caught?
TASK 4. Read the reports based on the evidence given by:
David Wilton's evidence (report)
David Wilton said that he was an old friend of Lady Wyatt and that he had been the Wyatt family's accountant for fourteen years. He had arranged to meet Lady Wyatt for lunch at 12 o'clock to discuss some family business. He said that he had not noticed anything unusual about Lady Wyatt's behaviour except that twice during lunch she had taken a pill. He added that he did not know what the pill was for and had not asked. He stated that he was astonished
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that anyone could think that Lady Wyatt might steal as she was a very wealthy woman who could afford to buy anything she wanted.
The doctor's evidence (report)
Soames, the Wyatt family doctor, stated that he had been prescribing pills for Lady Wyatt for some time. She had been suffering from regular bouts of depression. He said that a side-effect of the pill could cause erratic or unusual behaviour though he knew of no case where moral judgement had been affected.
The store manager's evidence (report)
The store manager said that he did not know Lady Wyatt as a regular customer because he had only been in his present job for two weeks. He said that the store lost hundreds of pounds worth of goods every week which was why he had appointed a store detective in whom he had the greatest confidence. He added that it was not only the poorer members of the community who resorted to shop-lifting.
The shop assistant's evidence (report)
The shop assistant said that she had worked at HalFs for seven years and knew Lady Wyatt as a regular customer. On Wednesday morning Lady Wyatt had bought a belt and handbag and had paid by cheque. She said that Lady Wyatt had behaved quite normally. She said that she hadn't seen Lady Wyatt trying on the scarf as the scarf counter was on the opposite side of the store. She added that there had been two assistants on duty that morning and that neither of them had left the department.
TASK 5. Read through the four reports again. Role-play Prosecution, De/ence and Witness. Try to recreate the scene of presentation of evidence and cross-exam ination.
TASK 6. Work in groups You are the jury. Appoint a chairman to report back to the judge. You have to bring in the verdict of "Guilty" or "Not Guilty".
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Revision
TASK I. Fill in the gaps.
1. A juror should keep an open____ all through the trial. 2. You
become a potential juror after your name is selected____ from voters
registration____ .3. A crime of graver nature than a misdemeanour is a
____.4. To____sb. means to find a person not guilty in a trial. 5. Civil
cases are usually disputed between or among___ , corporations or other
organizations. 6. The____of jury doesn't need to be____in civil cases.
7.The____ keeps track of all documents and exhibits in trial being the
judge's assistant. 8. The job of a juror is to listen to____ and to
decide____. 9. One who is engaged in a lawsuit is called a___. 10. Process
by which a lawyer questions a witness called to testify by the other side is
_. .11. "____" is a phrase meaning "to speak the truth". 12. A juror
should not be influenced by sympathy or____ . 13. A____may sue a
____ for failure to pay rent. 14. A juror should not express his____to
other jurors before__
criminal offence is a and be
_ begin. 15. Formal accusation of having committed a
___ . 16. To be a good juror you should use your
17. The third stage of a trial is____ . 18. When a
has been reached the judge
the jury from the case. 19. A
member of jury panel must____promising to answer all questions truthfully.
20. To be eligible, you must: 1. be______ , 2.______ , 3. able to
_______ , 4. and if you ever _______ , you must have your
________ .21. Working hours of the jury may be varied to ____
witnesses coming from out of town. 22. Compromise agreement by opposing parties, eliminating the need for the judge to resolve the controversy is called ___. 23. Trier of facts is a___or, in a non-jury trial - a___. 24. People
who don't meet certain
may be
from jury service. 25. The
helps to keep the trial running smoothly. The jury is in his custody.
TASK 2. Fill in the gaps.
1. When hearing the____the juror must take into account the____
of a witness, i.e. his ability to____ы . 2. Lawyers____ each side are
allowed to____when they consider sth. done improper under the____of
evidence. 3. Attorne> who represents the defendant is a____.4.____ is
any statement made by a witness under
in legal proceedings. 5.
means that the lawyer doesn't have to state a____
excused. 6. The party bringing the suit is called a _
disputes what the____has said in the paper called
testimony can be either oral____, or____. 9. The fifth step of a trial is
for asking the juror to be
___ . 7. The defendant
. 8. The forms of
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called
, when the lawyers
10. The lawsuit is started by defendant's innocence is
__the case from their,
_ing a paper called a _
of view. 11. The
__unless he is proved____. 12. It is____
to judge to decide whether each____is valid or____.13. Following the
____of all the evidence, the judge____to the jurors on the laws that are to
guide them in their___on a____. 14. A____case is brought by the
state or the city against a person or persons accused of____a crime. 15. In
____cases people who have been____may sue a person or a company
they feel is responsible for____. 16. If the defendant has____not guilty,
the prosecution must prove his guilt to overcome the____ . 17. If the
objection was not valid, the judge will defendant in opposition to that of a
___ it. 18. Claim presented by a
is called . 19. The
is conducted in
fashion.
elected by the jury should provide that__
20.____is a request by a party to excuse a specific juror for some reason.
21. The____in trial decides the law, i.e. makes decisions on legal____.
22. Unlike challenges for cause the number of____challenges is____.
23. Most often in civil cases the party bringing the____is asking for money
____. 24. The plaintiffs____is greater in a criminal case than in a civil
case. 25. If the objection is valid, the judge will__
____way and my teacher is____, I will get a/an
it. 26. If I work in a mark!!!
Just for Fun
A jury consists of twelve persons chosen to decide who has the better
lawyer.
***
"You seem to be in some distress," said the judge to the witness. "Is anything wrong?"
"Well, your Honour," said the witness, "I swore to tell the truth and
nothing but the truth, but every time I try, some lawyer objects!"
***
A man had been convicted of theft on circumstantial evidence. When the case was sent for appeal, he revealed to his lawyer that he had been in prison at the time of the crime committed. "Good Heavens, man!" said the lawyer. "Why on earth didn't you reveal that fact at the trial?"
"Well," said the man, "I thought it might prejudice the jury against me."
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A man accused of stealing a watch was acquitted on insufficient evidence. Outside the courtroom he approached his lawyer and said, "What does that mean - acquitted?"
"It means," said the lawyer, "that the court has found you innocent. You are free to go."
"Does it mean I can keep he watch?" asked the client.
***
First juror: "We shouldn't be here very long. One look at those two fellows convinces me that they are guilty."
Second juror: "Not so loud, you fool! That's counsel for the prosecution and counsel for defence!"
Glossary
acquit (v) - to find a defendant not guilty in a criminal trial. action (n) - proceeding taken in a court of law; also case, suit, lawsuit, affidavit (n) - a written or printed declaration or statement under oath. answer (n) - a formal answer to a complaint, in which the defendant
admits or denies what is said in the complaint. bailiff (n) - a court employee who among other things maintains order in
the courtroom and is responsible for custody of the jury. burden of proof (n) - measure of proof required to prove a fact.
Obligation of a party to prove facts at issue in the trial of a case. case (n) - any proceeding, action, cause, lawsuit or controversy initiated
through the court system by filing a complaint, petition, indictment or
information.
cause of action (n) - a legal claim. challenge for cause (n) - a request by a party that the court excuse a
specific juror on the basis that the juror is biased. chambers (n) - a judge's private office.
charge (n) - formal accusation of having committed a criminal offence. claim (n) - the assertion of a right to money or property. clerk of court (n) - an officer of the court whose principal duty is to
maintain court records and preserve evidence presented during a trial. closing argument (n) - the closing statement, by counsel, to the trier of
facts after all parties have concluded their presentation of evidence. complainant (n) - one who makes a complaint. Same as "plaintiff. complaint (n) - 1. (crim.) formal written charge that a person has
committed a criminal offence. 2.(civ.) initial document entered by the
plaintiff which states the claim against the defendant.
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coiTvict (v) - to find a person guilty of a charge. convict (n) - one who has been found guilty of a crime or
misdemeanour; usually referred to convicted felons or prisoners in
penitentiaries.
- conviction. counterclaim (n) - claim presented by a defendant in opposition to, or
deduction from, the claim of the plaintiff. court reporter (n) - person who records and transcribes the verbatim
testimony and all other oral statements made during court sessions. cross-examination (n) - process by which a lawyer questions a witness
called to testify by the other side in the case. damages (n) - compensation recovered in the courts by a person who has
suffered loss, detriment, or injury to his person, property of rights,
through the unlawful act or negligence of another. defendant (n) - 1. (crim.) person charged with a crime. 2.(civ.) person or
entity against whom a civil action is brought. defence attorney (n) - attorney who represents the defendant. deposition (n) - sworn testimony taken and recorded in an authorized
place outside the courtroom according to the rules of the court. direct examination (n) - process by which a lawyer questions a witness
called to testify by his side in the case. evidence (n) - any form of proof legally presented at a trial through
witnesses, records, documents, etc. See expert evidence, exception (n) - a formal objection by one of the lawyers to something
said or done by the judge, such as refusing to allow a question to be
asked. exhibit (n) - paper, document or other physical object received by the
court as evidence during a trial or hearing. expert evidence (n) - testimony given by those qualified to speak with
authority regarding scientific, technical or professional matters. felony (n) - a crime of graver nature than a misdemeanour.
-felon (n). hearsay (n) - evidence based on what the witness'has heard someone
else say rather than what the witness has personally experienced or
observed. impeachment of a witness (n) - an attack on the credibility of a witness
by the testimony of other witnesses inadmissible (adj) - that which, under the established rules of evidence
cannot be admitted or received. indictment (n) - written accusation of a grand jury, charging that a
person or business committed a crime.
125
information (n) - an accusation for some criminal offence, in the nature
of an indictment, but which is presented by a competent public officer
instead of a grand jury. instruction (n) - direction given by a judge to the jury regarding the
applicable law in a given case. juror (n) - member of a jury. jury (n) - specific number of people (usually six or twelve), selected as
prescribed by law to render a decision (verdict) in a trial. See trier of
fact, leading question (n) - one which suggests to a witness the answer
desired. Prohibited on direct examination. litigant (n) - one who is engaged in a lawsuit. litigation (n) - contest in court, a lawsuit. misdemeanour (n) - criminal offences less than felonies; generally those
punishable by fine or imprisonment of less than 90 days in a local
facility. A gross misdemeanour is a criminal offence for which an
adult could be sent to jail for up to one year, pay a fine of up to
$1,000, or both. manslaughter (n) - See Ch. V motion (n) - oral or written request made by a party to an action before,
during or after a trial upon which a court issues a ruling or order. objection (n) - statement by an attorney taking exception to testimony or
the attempted consideration as evidence.
overrule (n) - court's denial of any motion or point raised to the court. parties (n) - persons, corporations, or associations who have commenced
a law suit or who are defendants. peremptory challenge (n) - procedure which parties in an action may
use to reject prospective jurors without giving a reason. Each side is
allowed a limited number of such challenges. perjury (n) - making intentionally false statements under oath. Perjury is
a criminal offence. plaintiff (n) - the party who begins an action, the party who complains or
sues in an action and is named as such in the court's records. Also
called a petitioner. plea (n) - a defendant's official statement of "guilty" or "not guilty" to
the charge(s) made against him. pleadings (n) - formal written allegations by the parties of their
respective claims. polling the jury (n) - a practice whereby jurors are asked individually
whether they agreed, and still agree, with the verdict preponderance of evidence (n) - the general standard of proof in civil
cases. The weight of evidence presented by one side is more
126
convincing to the trier of facts than the evidence presented by the
opposing side. probable cause (n) - reasonable cause: having more evidence for than
against, a reasonable belief that a crime has or is being committed; the
basis for all lawful searches, seizures and arrests. prosecution (n) - 1. act of pursuing a lawsuit or criminal trial. 2. the
party that initiates a criminal case. prosecutor (n) - the public officer in each county who is a lawyer and
who represents the interests of the state in criminal trials and the
county in all legal matters involving the county in criminal cases; the
prosecutor has the responsibility of deciding who and when to
prosecute. Also known as prosecuting attorney. reasonable doubt (n) - an accused person is entitled to acquittal if, in the
minds of the jury, his guilt has not been proved beyond a "reasonable
doubt"; that state of the minds of jurors in which they cannot say they
feel an abiding conviction as to the truth of the charge. rebuttal (n) - the introduction of contradicting or opposing evidence;
showing that what witnesses said occurred is not true; the stage of a
trial at which such evidence may be introduced. redirect examination (n) - follows cross-examination and is carried out
by the party who produced and first examined the witness. reply (n) - pleading by the plaintiff in response to the defendant's written
answer. search and seizure, unreasonable (n) - in general, an examination
without authority of law of one's premises or person for the purpose
of guilt to be used in prosecuting a crime. search warrant (n) - a written order, issued by a judge or magistrate in
the name of the state, directing a law enforcement officer to search a
specific house or other place for specific things or persons. Usually
required as a condition for a legal search and seizure. settlement (n) - 1. conclusion of a legal matter. 2. compromise
agreement by opposing parties in a civil suit before judgement is
made, eliminating the need for the judge to resolve the controversy. suit (n) - any court proceeding in which an individual seeks a decision.
See case, testimony (n) - any statement made by a witness under oath in a legal
proceeding. tort (n) - an injury or wrong committed, with or without force, to the
person or property of another, which gives rise to a claim for
damages. transcript (n) - the official record of proceedings in a trial of hearing,
which is kept by the clerk.
127
trial (n) - the presentation of evidence in court to a trier of facts who applies the applicable law to those facts and then decides the case.
trier of facts (n) - the jury or, in a non-jury trial, the judge.
verdict (n) - formal decision made by a trier of facts.
witness (n) - person who testifies under oath before a court or in a deposition regarding what was seen, heard or otherwise observed.
128
Chapter V
Crime and Punishment
Unit I. Crime.........................................................................................128
Unit II. Punishment...............................................................................131
Unit III. A Policeman and the Criminal World..................................135
Unit IV. The World of Crime...............................................................143
Unit V. Language Activities. Let's Do Justice.....................................151
Revision................................................................................................154
Just for Fun...........................................................................................158
Glossary................................................................................................159
Unit I
CRIME TASK 1. Read the text, consulting the glossary where necessary.
Murder
The abolition of capital punishment in England in November 1965 was welcomed by most people with humane and progressive ideas. To them it seemed a departure from feudalism, from the cruel pre-Christian spirit of revenge: an eye for an eye and a tooth for a tooth
Many of these people think differently now. Three unarmed policemen have been killed in London by bandits who shot them down in cold blood. This crime has drawn attention to the fact that since the abolition of capital punishment crime - and especially murder - has been on increase throughout Britain. Today, therefore, public opinion in Britain has changed. People who before, also in Parliament, stated that capital punishment was not a deterrent to murder - for there have always been murders in all countries with or without the law of execution - now feel that killing the assassin is the lesser of two evils. Capital punishment, they think, may not be the ideal answer, but it is better than nothing, especially when, as in England, a sentence of "lifelong" imprisonment (a life sentence, as it is called) only lasts eight or nine years.
129
All this is very controversial. And all the arguments for and against can be refuted in practice. The problem remains - the problem of how to prevent murders. Some murders are committed by criminals evading arrest, by insane or mentally disturbed people, by cold-blooded sadists completely devoid of all human feelings. The important thing in the prevention of murder is to eliminate as far as possible the weapons and instruments, the guns and knives, with which these crimes are committed, and futhermore to stop the dangerous influence of violence in books, films, television and other mass media, from which so many criminals derive their "inspiration".
TASK 2 Work т groups. Make a list of arguments for and against the following statements ] . Mild sentences are a sign of a civilized society.
2. Capital punishment is not a deterrent to murder.
3. Armed policemen can perform their duties better.
4. Scenes of violence in films encourage crime.
5. Legalized selling of firearms stimulates murder.
6. Legalized selling of firearms ensures security.
7. The instinct to kill is basic to human nature.
TASK 3. Read the text
Crime in Great Britain
$
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 , fines of up to £2,000 or prison sentences of up to six months. If the punishment is to be more severe the case must go to a Crown Court vThe most severe punishment is life imprisonment: there has been no death penalty in Britain since 1965. , ^
The level of recorded crime and the number of people sent to prison both increased during the 1970s and 1980s. 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 1988 the cost of keeping"^ someone in prison was over £250 per week, which was more than the national average wage. \>
TASK 4. Find in the text the English equivalents for the following expressions.
^ V - уровень преступности; ^ j, - средний заработок;
9-6858
130
b - жестокое наказание; Ч - пожизненное заключение; С] - смертная казнь; V - признаны виновными; ^ - содержание кого-либо в тюрьме; ^ - преступления рассматриваются в магистратских судах;
; - накладывать штраф; \1° - приговор;
The Survey of Crimes
. Match the words from the box with the definitions below.
131
|drug smuggling; |shop-lifting; |fraud; arson; theft. |
|hijacking; |kidnapping; mugging; | |
|pickpocketing; | | |
a) they broke the window of his car and stole the radio;
b) they sold paintings that they knew weren't genuine masterpieces;
c) they illegally carried drugs into another country;
d) they held a pistol at the pilot's head and he had to do what they said;
e) they set fire to the hotel;
f) they took some things off the shelves and left the supermarket without paying for them;
g) they took away the rich man's son and asked him for a lot of money; h) they hit the man on the head as he was walking along the street, and stole all his money and credit cards;
i) they took her purse out of her handbag as she was standing on the crowded platform waiting for the train.
TASK 6. Look at this list of "crimes ". Try and rate each crime on a scale from 1 to 10. (I is a minor misdemeanour, 10 is a very serious crime). They are in no order.
- driving in excess of the speed limit;
\ - common assault (e.g. a fight in a disco-club); I - drinking and driving;
- malicious wounding (e.g. stabbing someone in a fight);
- murdering a policeman during a robbery;
- murdering a child;
- causing death by dangerous driving;
- smoking marijuanna;
- selling drugs (such as heroin);
- stealing £1,000 from a bank, by fraud;
- stealing £1,000 worth of goods from someone's home;
- rape;
- grievous bodily harm (almost killing someone);
- shop-lifting;
- stealing £ 1,000 from a bank, by threatening someone with a gun;
- possession of a gun without a licence;
- homicide.
Unit II PUNISHMENT
The Purpose of State Punishment
TASK 1. Answer the questions.
1. What does "The State Punishment" mean?
2. What kinds of punishment do you know?
3. How do you understand the purpose of State Punishment?
4. How should the punishment be organized?
TASK 2. Make a list of ideas and proposals on the topic of State Punishment. Supplement your list with the ideas you hear in class.
TASK 3. Complete the following text with the words or phrases from the box, using them in the appropriate form.
|wrongdoer; |deterrent; |law-abiding; |
|misdeeds; |reform; |crime doesn't pay; |
|barbaric; |retribution; |corporal punishment; |
|humane; |rehabilitate; |death penalty. |
What is the purpose of punishment? One purpose is obviously to
(a)___the offender, to correct the offender's moral attitudes and anti-social
him or her, which means to assist the offender to
behaviour and to (b)
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 prevejtfs them ,from doingf so. , However, a third purpose of punishment (ievperhaps^ in sdciety s desire for ^ (d)_____, which basically means revenge. In other words, don't we feel that я
f^ht Л, , — 11 -
132
(e).
be cotisidere
punishmentdfit the crim f, . t cc^-Q. . o yen* know tluls
Photofit of the suspect
Police are searching for a man who is wanted for questioning about a string of burglaries in the Manchester area, which they suspect may be connected.
In the first of two recent incidents, a man tied up a woman in
her own house in the early hours of the morning and escaped with goods valued at around £2,000. They included items of jewellery, a stereo, a video recorder and a colour TV set. She managed to free herself, unhurt, after he fled. She described him as white, around 5'8", in his late twenties, well-built, clean-shaven, with a pointed nose and straight dark hair.
Two days later a man wearing a stocking mask broke into a factory in the same area and got away with cash of around £3,000. A man fitting the description above was later seen driving away from the scene in an old blue Escort van.
Police warn that this man could be armed and therefore dangerous. They have issued the photofit picture above and ask the public to contact; them immediately if they have any. information. i
TASK 2. Find in the text the English equivalents for these words and expressions.
- наличные деньги;
- допрос;
- вооружен и, следовательно, опасен;
- подозреваемый;
- кража со взломом;
- полиция разыскивает;
144
- фоторобот;
- маска-чулок;
- ворваться;
- человек, соответствующий этому описанию;
- место преступления.
TASK 3. Find m the text the description of the criminal and compose an opposite one e g. "She described him as black, very tall "
TASK 4 Listen to the tape
There have been several bank and post office robberies recently. The police are investigating the crimes and they would like to interview two men and one woman who were seen near two of the banks last week. The police officer is describing to journalists at a press conference the three people they would like to interview. Use the information you hear to help you to complete these drawings of the three people.
TASK 5. Listen to Tony talking about the experience he had, and answer the following questions 1 • What kind °f robbery was it?
2. Was it a successful robbery?
3. How did Tony feel a) during it? b) after it?
Listen again and fill in the following notes, which the police took during their interview with Tony a few days later
145
a) What time of day was it?
b) Where was the bank?
c) How many customers were in it?
d) What was Tony doing when the robbers arrived?
e) How many robbers were there?
f) What were they wearing?
g) What were they carrying? h) What did the robbers say? i) What did people do?
j) How did the robbers get the cash?
k) What did they say when they were leaving?
1) When did the police arrive?
m) What did Tony do next?
TASK 6 Fill this story about a bank robbery with the appropriate phrasal verbs in the correct tense The meaning of each verb is given m brackets Choose the appropriate phrasal verb from the box below
The bank robbery
«^Yesterday, robbers (a)
___ (forced an entry into) the National
Midland Bank in the High Street soon after closing time^They (b)_____
(threatened with guns) the staff, and forced the manager tc|(c)_____(give
them) £50,000 in cash. The robbers ran out of the bank and$(d)_____
(escaped) in a stolen car, and were last seen£(e)_____(going in the direction
of) the London Road. Police have warned the public that these men are very dangerous, and are unlikely tcffif) V (surrender) without a fight. Said Chief Inspector Ralph Smith: "We're sure that we'll catch them soon. They won't f (g)_____(avoid punishment for) it".
make off; 3 get away with; У break into; give up; у hold up;_____^ make for.
7 hand over;
TASK 7 Look at the following expressions used by criminals Match each expression with its synonym given below.
1. Fred's been sent down for 10 years for armed robbery.
2. Now John's out of prison, he's determined to go straight, i
3. Haven't you heard about Mary9 Stye's been done for pinching a gold bracelet from a shop. С
4. He came clean as soon as the police caught him. "
5. Uncle Fred has done his time and now he's a free man. 6
146
a) admit committing the crime
b) sent to prison
c) prosecuted
d) finish a prison sentence
e) stealing
f) stop breaking the law
TASK 8. Retell the story about the bank robbery as if you -were:
- one of the criminals
_ a detective investigating the case
- the clerk of the bank
- one of the bank guards
TASK 9. Work in groups and discuss the following.
Have you ever been involved in any kind of robbery?
TASK 10 Find in Russian or British newspapers criminal reports about robberies. Present them in class
A Case of Murder
TASK 11. Read the text.
At the age of forty-two, Kurt Hofmann, a German businessman, was given a very high position in a large company in Zurich, Switzerland. He took the job as head of the marketing department even though he had not had direct experience in this type of work before. He was very ambitious and really wanted this well-paid job. The company gave him the job even though they knew it was a "problem" position.
After about six month it was clear that Mr. Hofmann was under a lot of stress.
TASK 12. Work with a partner and number these stress factors 1-10, starting with 1 as the most serious.
_his job was beyond him, he just couldn't do it;
_his colleagues, five men in particular, disliked him and told
everyone how bad he was at his job;
_his superior didn't help him at all;
_his wife left him;
147
_his girlfriend refused to move to Zurich;
_^ he had to move away from the town where he had always lived;
_he was living in a foreign country;
_he worked at least twelve hours a day trying to do the job;
_^ there was no one at work he could trust;
,_he was living alone for the first time in his life.
TASK 13. Tell the group Mr. Hofmann's story up to the day when he committed a crime.
TASK 14. Read this press report from an the evening newspaper.
1ШСШЛ inarltetiiMi chief kill* four
The head of the marketing department at REGINA, Kurt Hofmann, shot five employees, killing four and seriously injuring one, this morning. He escaped from the REGINA head office and has not been
found yet. He is armed and may be dangerous.
He was arrested a couple of weeks later in a hotel a few hundred miles away. When his trial took place month later, lots of comments were made about him.
TASK 15. Imagine you are a witness for Mr. Hofmann's case Develop these ideas Persuade the court that he is guilty (not guilty)
"I'm a handwriting analyst. Samples of his handwriting over the years show definite signs of instability."
"I work at REGINA. He should be put in prison for the rest of his life - every day of it."
148
"I'm a psychiatrist. I've examined Mr. Hofmann and I can definitely say that he is unable to cope with stress. He is not a leader and probably never was."
"Mr. Hofmann lived in the flat upstairs.
He seemed such a nice man.
I can't understand it all.
I feel very sorry for him."
The consequences of that fateful day were:
-for Mr. Hofmann - seventeen years in prison;
-for his immediate superior - early retirement with a good pension;
-for four employees - death, leaving three widows and seven orphans;
-for one employee - disability for the rest of his life.
TASK 16. Work in groups of four to decide:
a) if you think seventeen years was a fair sentence.
b) if you think any other people were also partly responsible for what Mr. Hofmann did.
Give reasons for your decisions. c)What do you think will be the consequences of Mr. Hoftnann's long stay in prison?
"I'm Going Straight!"
(the problem of long-term prisoners)
TASK 17. Answer the questions.
1. Do you think imprisonment is the right method to help a criminal go straight? Prove your opinion.
2. What crimes should be punished by imprisonment?
3. What qualities can a person get rid of in prison (if any)?
149
TASK 18. Listen to the interview and explain some of Harry's words.
1.... we used to hang round there all day ...
2.... I ended up in Borstal...
3.... for beating up old ladies ...
4.... the worst thing is being shut up all the time...
5.... I can't stand setting up ... 6.... burglary mostly... 7.... I've admitted doing a lot of things ... 8.... spending half of my life behind bars ... 9.... I'm hoping to qualify as mechanic. 10... That's a bit of a problem! 11... employing someone with a record like mine.
TASK 19. Listen again and comment on the meanings of these words.
a) a "nipper" is
b) "juke box" is
c) "Woolworth's" is
d) "Borstal" is
TASK 20. Read Harry's interview.
1. a pickpocket
2. a shop-lifter
3. a young guy
1. a box of chewing gum
2. a record player in a bar
3. the radio
1. a railway station
2. a department store
3. a police station
1. a special centre for young offenders
2. a famous theatre
3. sea resort
In tonight's edition of Reflections we are going to look at the problems of long-term-prisoners. We took our cameras into several prisons, and our first interview is with a man we shall call "Harry", although that is not his real name. He spoke to Chloe West about his career in crime.
Chloe: Harry, you're serving a five year sentence for robbery with violence.
Harry: That's right.
Chloe: Perhaps you could begin by telling us about your early life.
150
Harry:
Chloe: Harry.
Chloe-Harry-Chloe:
Yeah. Well, I grew up in South London. 1 was on my own a lot; see, my mother used to work down the fish market, and my dad - well, he ran off when I was just a nipper. Did you have any friends?
Oh, yeah. All the kids from our street used to meet up at the coffee bar. There was one at the end of the road. We didn't have much money, so we used to hang round there all day. We never used to go to the cinema, or dancing, or anything like that. We couldn't afford it. What did you use to do there?
Oh, we just sat around listening to the juke box. Nothing special. When did you start getting into trouble?
Harry I suppose I was fourteen, something like that. My friends used to go shoplifting at Woollies ...Woolworth's, and one day we were caught. I ended up in Borstal. Chloe. You mean, they sent you to Borstal
for... for shop-lifting? Harry: Well, yeah. After the fourth time ...
and for beating-up old ladies. Chloe You used to beat-up old ladies? Harry: Well, only when I was trying to rob them.
Chloe- You beat them up and then robbed them? Harry: Yeah. I used to do that. Chloe: Perhaps you'd tell me about your life in prison.
Harry: I suppose the worst thing is being shut up all the time. Yeah, and I can't stand getting up at 5.30, either. I just can't get used to that, even though I've been here more than three years. You see, before I came here I liked staying in bed all morning. I was on night work, you see. Chloe. Night work? Harry: Mmm. Burglary, mostly. Hah-ha. I caught you there. I can't get used to
going to bed at eight, either. Chloe. Harry, if you don't mind me saying so, a lot of viewers will think of you
as an enemy of society.
Harry- Well, that's fair enough. But I've admitted doing a lot of things. I've spent a lot of time thinking. I could keep on stealing things, but I'd end up spending half my life behind bars. I'm going straight this time, don't you worry.
Chloe What do you intend doing when you get out?
Harry. I'm very fond of working on motor-bikes. I've been studying while I've been inside, and I'm hoping to qualify as a mechanic.
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Chloe: Do you think you'll be able to get a job?
Harry: That's a bit of a problem. People are scared of employing someone with
a record like mine, you know, for fear they begin stealing again. Chloe: How will you ge,t round that?
Harry: I'm planning on working for my brother. He's got a motor-bike shop. Chloe: So, you plan to work for your brother? Harry: That's right. I tell you, I won't be back. I'm not going to risk wasting
another five years.
Chloe: Well, I wish you luck, Harry. Harry: Thanks.
Chloe West is a TV reporter - so she's made a TV programme about Harry. Imagine you are a newspaper reporter. Write a short article for your newspaper about Harry.
TASK 21. Work in pairs and discuss the following points.
1. Do you think Harry will really go straight? Prove your opinion.
2. If you were in prison what wouldn't you be able to get used to?
UnitV LANGUAGE ACTIVITIES
LET'S DO JUSTICE
Law Breakers
TASK I. Match each word on the left with the appropriate definition on the
right.
ЛРК Л.'.О^ I.(ац, arsonjst о , . attacks and robs people, often in the street
'."§ shop-ljffta $ - sets fire to property illegally 3. a mugger®^ l(2J^f *s anyone who breaks the law |l l^an iDffender^tMi^b/eaks into houses or other buildings to steal
5. a vandal - steals from shops while acting as an ordinary customer
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6. a burglar
7. a murderer
8. a kidnapper • юГа Mckpocief ^
10. ah accomplice
11. a drug dealer
12. a spy , , j
13. a terrorist
14. an assassin
15. a hooligan
16. a stowaway л .b^'ii'vu f#
17. a thief
» «m
- kills someone
- deliberately causes damage to property
- steals things from people's pockets in crowded places
- gets secret information from another country
- buys and sells drugs illegally
- takes away people by force and demands money for their return
- helps a criminal in a criminal act
- uses violence for political reasons j.eauses damage or disturbance in public places
- hides on a ship or plane to get a free journey
esi control of a plane by force and makes the pilot cnrargefjpourse
- murders for political reasons or a reward
18. a hijackerl^Q^A ^fji someone who steals p ^f ^ ( ^ ^x/ ^ ^_
19. a forger Q - makes counterfeit (false)' money or signatures
20. arobbeAoAtffiVo»8a member of a criminal §гои»| | - С ^it^bblrtk*
21. a smuggler - steals money, etc. by force frofft people of places M " VP
22. a traitoryjA^ g^^mar/ies illegally, being married already
23. a gangster^Ms&f >• is a soldier who runs away from the army
23. Fdeserterto^pl" brings goods into a country illegally without paying tax 2$, a bigamisuT -' betrays his or her country to another state
$ v *j Let's Do Justice! (Role play)
ГЛЖ 2 Work in pairs Each pair consists of a criminal (choose your role from the list above) and a defence lawyer
STEP 1. The lawyer questions his client (the criminal) and finds out all the circumstances of the crime. STEP 2. The lawyer delivers a speech trying to prove his client non guilty.
STEP 3. The rest of the group - the jurors - hold deliberations and bring in the verdict.
A Macabre Story
TASK 3. In the passage below, verbs are mainly given in the infinitive form; your task is to put them into the appropriate tense or form
The moment she (to turn) the corner, Jill (to notice) that her front door (to stand) open. She definitely (to shut) it when she (to go) out, and her flatmate, Louis, not (to say) that she (to come) this evening. Jill (to slacken) her pace, (to think) what she (can) do. If she (to ask) her neighbours (to accompany) her and it (to turn out) that there (to be) no one there, then she (to look) a fooL
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On the other hand, if she (to enter) the flat alone, and (to find) an intruder there, it (can) end very badly.
"This never (to happen) to me before," Jill (to think), "and I (to hope) it never (to happen) again."
TASK 4. Continue the story as if you were
- Jill
- her neighbour
- her flat-mate
- the person inside
Be a Detective
TASK 5. Read the end of a detective story
So, one foggy November night, Mr. X, wearing a long overcoat, walked along a back street in Liverpool with a box under his arm. He came to a house, put his box down on the ground, and knocked at the door. When a man opened the door, Mr. X picked up the box and gave it to him. The man in the house nodded, took the box, and closed the door. Mr. X walked away.
Two days later, Mr. X read in the newspaper that a dead body had been found in a Liverpool park with its left arm missing and he was extremely shocked.
How did it all start? You can find out the whole previous story by asking your teacher yes/no questions. In order to get the right train of thought find out the following.
1. Find out the relationship between the
two men.
2. Think about the size ot the box and what was in it.
3. Why did Mr. X put the box on the ground before knocking on the door?
4. What was significant about the dead body?
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Revision
TASK 1 Solve the crossword
| |'Г |£ |
|solicitor;^ |evidence; (/ |barrister; *J |
|verdict; J |proof; a -2 |witness;^/ |
|fme;V |charged ;/ 5 |testimony; z г |
|juvenile delinquent; 5 |sentenced;^ |arson; / з Ш ^ ^ |
|ball ; f |Magistrate's Court; / ................
................
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