ВОПРОСЫ ДЛЯ КОНТРОЛЯ И САМОКОНТРОЛЯ

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THE LEGAL PROFESSION

1. Who is a lawyer?

2. What are the two branches of legal profession in Britain?

3. What are the professional functions of barristers?

4. What are barristers required to wear?

5. What is the highest rank of lawyers in Britain?

6. Who can become a judge in Britain?

7. What are the functions of solicitors?

8. What are the other professions in British legal sphere?

9. What types of lawyers are there in American legal system?

10. What are the specializations of American lawyers?

11. What professions involve lawyers in Russia?

12. What does a prosecutor do?

13. What are the functions of a public defender?

14. What is a notary engaged into?

15. What do legal advisers do?

ТЕКСТЫ ДЛЯ ДОМАШНЕГО ЧТЕНИЯ

AT THE TRIAL

Текст нужно перевести, выписывая незнакомые слова с переводом. Компьютерный и письменный переводы не допускаются!!!

1. Criminal Procedure is a method provided for regulation of investigation and trial of persons accused of crime. In most of the states of the U.S., the law of procedure is based on the English common law; various modifications in procedure that have been incorporated into the criminal codes of the various states are not substantial. Certain aspects of the law of investigation and trial are limited by the Bill of Rights of the U.S. Constitution, which provides (1) that persons shall be secure in their persons, houses, and effects, from unreasonable searches and seizures; (2) persons accused of serious crime (one carrying a penalty of over a year in jail) may be brought to trial only after an indictment by a grand jury—this rule does not apply to state prosecutions, however; (3) that no person shall be put in jeopardy twice for the same offense; (4) that defendants not be required to testify against themselves; (5) that no one shall be deprived of life, liberty, or property without due process of law; and (6) that indicted persons are entitled to trial by jury, to the assistance of counsel, to be confronted by prosecution witnesses, and to have witnesses in their favor. The Bill of Rights also prohibits excessive bail, funds or property pledged to assure that the accused will appear in court for trial.

2. During the trial the counsels for the prosecution and for the defence present the case by questioning witnesses and permitting them to be cross-examined by the opposing counsel. Every witness must swear an oath with his hand on the Bible “to tell the truth and nothing but the truth”. A witness may tell only what he himself knows to be true. Hearsay evidence is not allowed. Hearsay evidence consists of statements made out of court by someone who is not present to testify under oath at a trial. The reason for the exclusion of hearsay is the practice of cross-examination of witnesses in open court by opposing lawyers. Written or oral statements made by a person not present cannot be subjected to cross-examination.

3. The judge can interfere if he thinks any of the questions are not relevant to the case. He always objects to the so-called “leading questions” - questions that suggest answers instead of asking for information. When all the evidence is given and the examination of the witnesses is finished, the judge calls the attention of the jury to all the important points in the evidence. The jury consists of 12 people (non-lawyers) between the ages of 21 and 65 years. The jury’s task is to listen to the evidence given by the witnesses under cross-examination and to bring a verdict either guilty or not guilty. The verdict must be unanimous.

4. If the verdict of the jury is “guilty”, the judge passes a sentence. If the prisoner is a habitual criminal, the sentence is likely to be more severe. A convicted person is entitled to appeal to the Court of Appeal. If the jury brings a verdict of “not guilty”, the defendant is immediately discharged, the case is finished and cannot be reopened even if new evidence comes to light the following day. A defendant may never be tried a second time for an offence of which he has once been acquitted.

Civil and Criminal Penalties

1. There are several kinds of punishment which are available to the courts: fines, compensations, suspended sentences, probation, community service, imprisonment. In civil cases one of the most common types of punishment is a fine, but specific performance and injunctions may also be ordered. Under the criminal procedure, fines are also often used for those criminal offences which are not very serious or when the offender has not been in trouble before. Another kind of punishment available in some countries is community service. This requires the offender to do a certain amount of unpaid work, usually for a social institution such as a hospital.

2. For more serious crimes the usual punishment is imprisonment. Some prison sentences are suspended: the offender is not sent to prison if he keeps out of trouble for a fixed period of time, but if he offends again both the suspended sentence and any new one will be imposed. The length of sentences varies from a few days to a lifetime. However, a life sentence may be shortened after a suitably long period if a parole board agrees his detention no longer serves the purpose.

3. In some countries living conditions in prison are fairly good because it is felt that deprivation of liberty is punishment in itself. Were the penalty too harsh, it would reduce the possibility of the criminal to re-educate and reform himself. In other countries conditions are very bad. Perhaps because of the increase in crime or because of longer sentences of imprisonment, some prison cells have to accommodate far more people than they were built to hold. If there were no such overcrowding, the prisoners would be let out of their cells more than once a day. The United Kingdom and the USA are trying to solve the shortage of space by allowing private companies to open prisons.

4. It is rising concern with social and moral problems associated with the issues of public order, human values and the conflicting needs of community interests and individual rights that has led to a re-assessment of the roles of imprisonment. A major change in the approach to treatment has been the move away from regimes aimed specifically at influencing the attitudes and behavior of prisoners to models based on encouraging the development of social skills and personal resources that will improve the prospects for successful re-socialization.

5. The treatment and rehabilitation of criminals have improved in many areas. Parole boards have engaged persons trained in psychology and social work to help convicts on parole or probation adjust to society. Various countries have agencies with programs of reform and rehabilitation for both adult and juvenile wrong-doers. However, in recent years public attitudes toward crime and punishment have been changing. The public demands that sentences for offenders should be longer and harsher. It has resulted from increasingly serious criminality in the community and has led to the inevitable response of the legal authorities to public anxiety.

LEGAL EDUCATION

1. In the English legal system a practicing lawyer must hold one of two professional qualifications: she/he must either have been admitted to practice as a solicitor or have been called to the Bar as a barrister. This division of the legal profession is of long standing, each branch having its own characteristic functions, a separate governing body and professional rules.

2. The legal training for solicitors and barristers is different. To qualify as a barrister a person has to do the following: the first part of training is the academic stage, which provides a general theoretical introduction to the law. The next step is assisting and observing experienced barristers, as well as more practical experience. The last stage is to take the examinations of the Bar Council.

3. To qualify as a solicitor, a person enters into a two-year contract with a firm of solicitors to gain practical experience in a variety of areas of law while studying part time for the “Law Society” exams. It is not necessary to go to university. When you have passed all the necessary exams, you can practice as a lawyer.

4. In the USA legal education includes three years in a Law School and leads to the doctor of law degree. Since legal education in the US does not include any period of practical work experience, the first years out of law school will function as on-the-job training. Work in a large firm will expose the young lawyer to legal practice often with companies, rather than individuals, as clients.

5. Clerking for a judge is considered to be an honorfor a young lawyer. Most judges having only two clerks, there are not many positions available. The judge will be very selective in the choice of lawyers to fill those positions. Lawyers clerk for two years, assisting their judge with any business before the court. Law students do not become judges on leaving the university. Usually only on having gained considerable experience a lawyer may be considered for appointment as a judge.

6. The course of legal education in Russia takes four or five years of university training and includes different sides of legal theory and practice: criminal law, civil law, administrative law, constitutional law, etc. The general objective of legal education is to prepare the students of law to function as competent lawyers. The specific objective of the curriculum is to maximize the student’s mastery of legal reasoning and legal method – in addition to teaching the basic substantive rules of the law. Students of law must be taught to analyze complex factual situations, to reason deductively, to separate the relevant from the irrelevant to apply the law in specific cases.

VOCABULARY

criminal procedure – уголовный процесс

investigation – следствие, расследование

to accuse of crime – обвинять в преступлении

the law of procedure – процессуальное право

criminal code – уголовный кодекс

the Bill of Rights – Билль о Правах

to search - обыскивать

to seizure - конфисковать

penalty - наказание

jail / prison - тюрьма

to be brought to trial – предстать перед судом

indictment – обвинительный акт

grand jury – большое жюри (24 человека)

rule - правило

state prosecution - прокуратура

to testify – давать показания

to deprive of life – лишить жизни

liberty - свобода

due process of law – должный правовой процесс

counsel - адвокат

bail - залог

the counsel for the prosecution - прокурор

the counsel for the defence - адвокат

to question a witness – допрашивать свидетеля

to be cross-examined – быть подвергнутым перекрестному допросу

to be subjected to cross-examination – быть подвергнутым перекрестному допросу

to swear an oath – принести клятву

hearsay evidence – показания с чужих слов

leading questions – наводящие вопросы

examination - допрос

to bring a verdict – выносить вердикт

guilty or not guilty – виновен или невиновен

to pass / to impose a sentence – выносить приговор

prisoner - заключенный

habitual criminal - рецидивист

to discharge – снимать обвинения, оправдывать

to acquit - оправдывать

to order an injunction – вынести судебный запрет

to offend – совершить преступление

parole board – комиссия по досрочному освобождению

detention - заключение

criminal - преступник

prison cell – тюремная камера

public order – общественный порядок

treatment of criminals – обращение с преступниками

convict - осужденный

to be on parole or probation – быть условно освобожденным

juvenile wrong-doer –несовершеннолетний правонарушитель

legal authorities – правоохранительные органы

to take the examinations – сдавать экзамены

the Bar Council - совет барристеров

to enter into a contract – заключить контракт

the doctor of law degree – степень доктора права

to clerk – работать секретарем

curriculum – учебный план

legal reasoning – юридическое мышление

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