POLICE FORCE IN THE UNITED STATES
Historians suggest that the first modem police in the United States did not come into existence until 1833 in the city of New York.
The first municipal police agencies consisted of nightwatchmen whose responsibility was to protect property during the evening and early morning hours. Crime continued to increase, however, and gradually there were demands to hire men to provide similar protection during the daylight hours as well. Thus, by the 1830s and 1840s these two types of police were combined to form a unified, more effective municipal police agency. The modern police departments came into existence, especially in the years following World War 1. Since 1920 municipal police agencies have increasingly grown in personnel and responsibilities. Special training and more selective recruitment practices have been developed to go hand in hand with the use of such technological developments as the automobile, the individual police radio, and the computer. The great part of police work does not involve crime-fighting situations but rather consists of both service and peacekeeping activities.
Service functions include directing traffic and enforcing traffic regulations, answering accident calls, aiding the sick, helping find a lost child or rescue a lost pet, recovering stolen property, and reporting fires. These are all services performed to assist the public.
Peacekeeping functions of the police are designed to maintain public order.
(«Law, Order, and Justice»)
Text 6: Read and translate the text:
THE WORK OF MILITIA
Our militia was created by the working people to protect their rights. The officers of our militia have always displayed courage and heroism in the fight against enemies of our state during the Great Patriotic War as well as in the years of peaceful construction.
The main aim of militia has always been to maintain public order, to protect state and personal property and safeguard the rights of our citizens. Nowadays great attention in the work of militia is paid to prevention of crime, to its suppression. But if a crime has been committed, the militia officers are to solve the crime as quickly as possible. To fulfill these tasks the organs of internal affairs are composed of different departments.
The Criminal Detection Department is one of the most complicated militia services. The main responsibility of the officer of the Criminal Detection Department is to detect the criminal, that is to locate and apprehend him. In many cases the detective must trace a fugitive who is hiding.
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The officers of the Criminal Investigation Department collect facts to prove the guilt or innocence of the suspect. The final test of a criminal investigation is in presentation of evidence in court. Corpus delicti must be established, the defendant must be identified and associated with the crime scene. The investigator must also provide competent witnesses.
Economic Crimes Department fights against those who don't want to live an honest life. The responsibility of the officers of this Department is to reveal the criminal activity of those who commit embezzlement and other economic crimes, bring them to justice.
The State Auto-Inspection is responsible for traffic regulation and safety on the roads.
The Transport Militia maintains law and order on the railway, air lines and water ways of the country.
The Juvenile Inspection handles «difficult» juveniles and their careless parents. They also do much work to prevent juvenile delinquency.
The Correctional System is supposed to rehabilitate offenders through labour. This is the purpose of correctional establishments.
A new service for the fight against organized crime has been created in our militia. Organized crime operates on fear, bribery and force. Militia officers of organized crime department are devoting their efforts to collect sufficient evidence to bring gang leaders to justice.
UNIT 9: CRIMINAL JUSTICE PROCESS IN THE UNITED STATES AND THE UNITED KINGDOM
Text 1: CRIMINAL JUSTICE PROCESS IN THE USA
Basically, the steps in the criminal court processes are as follows: arrest and booking, arraignment, trial and appeals (if any).
A person who comes into contact with the criminal courts must initially be arrested. The arrest may take place with or without using a warrant (e.g. when an offense takes place in the presence of the officer, or when there is probable or reasonable cause to believe that a felony or misdemeanor has been committed). A felony is a serious offense punishable by death or imprisonment. A misdemeanor is a less serious offense punishable by a fine or up to one year in jail, or both. Even after an arrest the suspect may be released without being prosecuted for a variety of reasons: mistaken identity, lack of proper evidence, etc.
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After the arrest is made, the suspect is booked. The booking card of the law enforcement agency contains information such as the date and time of arrest, the charge or crime for which the person was arrested, the name of the arrested person, the name of the arresting officer. Here the accused is photographed, fingerprinted, and temporarily released on bail, if possible. The record or booking card is permanently kept in the files of the police department. On important cases, the prosecutor may be present at the booking, but usually he will enter the case during the arraignment or initial appearance of the suspect before a magistrate or other judicial officer. Before turning to the prosecution of the suspect, it must be remembered that the investigative work of the police may continue even though the accused is involved with the prosecution or court phases of the criminal justice system.
At arraignment, summary trials can be held for petty offenses without further processing. During the initial appearance before a magistrate1, judge or justice of the peace2, the accused is to answer the charges against him. During the arraignment procedure, the charge may be dismissed by the court for a legal reason or the prosecutor may request to have the charges dropped3. The initial appearance may also serve as the trial for minor offenses that have payment of a fine or a relatively short time in jail as punishment. Once the judge finds a verdict of guilt4, the accused is sentenced to jail or payment of a fine. The defendant may also be placed on probation for a specified length of time. If sentenced to jail, he may be granted parole.
The purpose of preliminary hearing in the lower court is to determine whether there is a reasonable cause to believe that a felony was committed and whether there is a reasonable cause to believe that the accused committed the crime. It is here that a preliminary testing of the evidence takes place. As a result the accused may be released because of having been arrested not for probable cause, or he may be placed on bail or moved back to jail until his case is tried by the higher court.
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If there is a reasonable belief that a crime has been committed the accused, the prosecutor is given statutorily defined number of days to file formal charges against the defendant. The charge is filed on the basis of information from citizen complaints and police investigations.
Then another arraignment is held. If the defendant pleads guilty a date for him to be sentenced is set by the judge. If the defendant pleads not guilty, he may request to have a jury trial or be tried by the court without a jury. At the trial, if the defendant is convicted, a date for sentencing is set.
Before imposing the actual sentence an investigation by the probation officer takes place to assist the judge in deciding on a penalty. The defendant may be fined, sentenced to jail, or placed on probation. During this period the defendant can appeal his conviction. As a rule, the appeal stays the execution of the sentence. If the appeal is unsuccessful or the defendant decides not to appeal, the penalty is imposed.
The defendant is then involved in the corrections of the criminal justice system. It is here that rehabilitation of offenders is supposed to occur5. This is the purpose of correctional establishments.
To reduce the risk of convicting an innocent person, there are checks and reviews at all stages of the criminal justice system.
(Law Enforcement in a Democratic Society, E. Beckman)
Notes to the text:
1) a magistrate — магистрат, судья полицейского суда
2) justice of the peace — мировой судья
3) have the charges dropped — прекратить дело
4) once the judge finds a verdict of guilt — как только судья выносит обвинительный приговор
5) is supposed to occur — как полагают, происходит
Exercise 1: Find English equivalents in the text:
уголовный процесс; обвинение; судебное разбирательство; обжалование; произвести арест; ордер; совершить тяжкое преступление; тюремное заключение; подозреваемый; правоохранительные органы; обвиняемый; снимать отпечатки пальцев; картотека; упрощенное судопроизводство; мелкие правонарушения; суд низшей инстанции; слушать дело; подвергать уголовному преследованию; признать себя виновным; суд присяжных; вынести приговор; определить наказание; осудить условно; передать на поруки; перевоспитать; исправительные учреждения.
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Exercise 2: Give Russian equivalents:
I. law; by-law, law-breaker, lawyer, law enforcement; lawful; to make laws; to obey laws; to enact laws; to pass laws; to violate laws;
II. to prevent; to prevent offenses, prevention of crime; preventive; preventive measures; a preventive war,
III. crime; a criminal; a criminal case; criminality; a criminological study, to commit a crime; to reduce crime; to eliminate crime.
Exercise 3: Find synonyms among the following words:
law, purpose, period, to force, a criminal, verdict, to define, aim, to obtain, penalty, duty, offense; evidence; to formulate, term, to get, punishment, to break, crime, offender, sentence, to violate, to oblige, cause, statute, obligation, reason, proof.
Exercise 4: Translate the following groups of words:
criminal justice process; trial court arraignment; law enforcement agencies; police investigations; citizen complaints; a jury trial; a police department file; an imprisonment sentence; an arraignment procedure; a higher court trial; a ten-pound fine; a five-hundred dollar bail; a dead body identification; prosecution or court phases.
Exercise 5: Complete the sentences with one of the words given below:
| misdemeanor, released, summarily, charges, evidence, parole, fine, guilt, convicted, trial, felonies, booking, rehabilitate, appeal, charge |
1. There can be no conviction unless the ... of the defendant is established.
2. After making the arrest the officer may conduct a «limited» search for ... of the guilt of the person.
3. During the arraignment procedure the ... may be dismissed.
4. If a judge finds a verdict of guilt, the accused is sentenced to jail or payment of a ... .
5. In some jurisdictions there is no separate preliminary hearing for misdemeanors and ....
6. At the ... a date for sentencing is set.
7. The procedure of ... includes photographing and fingerprinting.
8. A person charged with a petty offense can be tried ....
9. The purpose of corrections is to ... offenders.
10. The procedure of prosecutions for a felony is the same as for a … .
11. If the defendant is ... at the trial the date for sentencing is set.
12. The defendant can ... his conviction before the actual sentence is imposed.
13. Even if the defendant is sentenced to jail, he may be granted … .
14. During the arraignment the judge ... the accused with a specific crime.
15. The accused may be ... at the preliminary hearing if there is no reasonable cause to believe that he committed the crime.
Exercise 6: Say what it is:
1. A formal order given by a judge or a prosecutor to arrest a person is called ....
2. The decision of a court made after the trial of a defendant is called ....
3. A fine, imprisonment or probation — all these are different types of ....
4. A sum of money paid by the person arrested for being released until the trial is called ....
5. If a person breaks the law or violates public order it means that he commits a ....
6. All facts and things that must be presented to court to prove the guilt of the accused are called ....
7. If a person is convicted and the penalty is not a fine or imprisonment but placing him under control of a special police officer it means that a person is placed on ....
8. If a person pleads not guilty and does not agree with the sentence he may file an ....
9. A panel usually consisting of 12 persons to hold trials is called ....
Exercise 7: Give your definition of the following:
1. The accused is a person who ...
2. A criminal is a person who ...
3. The defendant is a person who ...
4. The suspect is a person who ...
5. The convict is a person who ...
Exercise 8: Translate into English:
1. Уголовный процесс имеет следующие стадии: арест и регистрация, привлечение к суду, предварительное слушание, предъявление обвинения, судебное разбирательство и обжалование.
2. Арест должен производиться на основании постановления (ордера).
3. Тяжкое преступление – это преступление, наказуемое смертной казнью или тюремным заключением.
4. Менее тяжкое уголовное преступление – это преступление, наказуемое штрафом или тюремным заключением до 1 года.
5. После предварительного слушания лицу предъявляется официальное обвинение.
6. На стадии привлечения к суду обвинение может быть отклонено.
7. Если обвиняемый признает себя виновным, устанавливается дата вынесения приговора.
8. После судебного разбирательства обвиняемый может обжаловать приговор.
9. Обвиняемый может быть осужден только судом.
10. Подозреваемый может быть временно отпущен под залог.
Exercise 9: Translate the sentences into Russian:
1. After having been identified the offender was arrested by police.
2. The court suspected the evidence of having been obtained unlawfully.
3. He was charged with not having taken the victim to a hospital after the accident.
4. Who is responsible for the criminals not having been arrested yet?
5. In this case the arrest preceded a formal accusation, having been made by a police officer who witnessed the offense.
6. The police accused the driver of being drunk.
7. A person arrested at a crime scene for having committed an offense, must be brought before a magistrate within a limited period of time.
8. The defendant was not informed of the right of being provided with legal counsel at the trial.
9. Under established rules, some evidence is inadmissible, especially if there is doubt of its being obtained lawfully.
10.The police suspected him of having been prosecuted before.
11.One of the aspects of punishment implies that an offender must be afraid of being punished.
12.The witness insisted on having seen the criminal quite clearly.
13.Instead of being placed in jail the accused was released on bail.
14.The man was accused of having violated the traffic rules.
Text 2: Read and translate the following text:
Detective McFadden, a policeman for thirty-nine years, was on afternoon patrol in a city when he saw two men standing at a corner. One of them passed a shop, looked at the window, went a short distance, and then returned to the window for another look. Then the other man repeated all these actions. After this took place many times the two men walked off together. Officer McFadden realized that the men were preparing for a possible robbery. He followed them, when they stopped he came up to them, searched them and found two 38 caliber revolvers. He took the men with the guns to a police station where they were charged with carrying the weapons.
The lawyers for the defendants said that the weapons seized were inadmissible because they were illegally seized. But at the trial the men were convicted. They appealed to the US Supreme Court. The Court ruled that the guns were seized in a legal manner, because officer McFadden had acted in a «reasonable» manner in that, based on his years of experience, he believed that a robbery was going to take place and it would involve weapons. So the life of the officer and possibly the lives of innocent citizens were in danger. The Court upheld the conviction.
Text 3: Read and translate the text:
Crimes are classified into 1) indictable offenses and 2) summary offenses.
Indictable offenses are tried by jury. They include: a) Treason, b) felonies and c) misdemeanors. Summary offenses are those which are not tried by jury or which are tried summarily.
The differences between felonies and misdemeanors are as follows:
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