CRIMINAL JUSTICE PROCESS IN T H E USA
Basically, the steps in the criminal court processes are as follows: arrest and booking, arraigment, 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.
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 magistrate, judge or justice of the peace, 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 dropped. 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 guilt, the accused is sentenced to a 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 reasonable cause to believe that a felony was committed and whether there is 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.
If there is a reasonable belief that a crime has been committed by 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.
The defendant is then involved in the corrections of the criminal justice system. It is here that rehabilitation of offenders is supposed to occur. 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)
Пояснения к тексту:
1. a magistrate – магистрат; судья полицейского суда
Basically, booking, trial, appeal, felony, misdemeanor, offence, punishable, in jail, to be prosecuted, accused prosecutor, magistrate, criminal justice system, justice of the peace, to have the charges dropped, a verdict of guiet, to sentence to jail, preliminary hearing, until, to plead, to convict, to imposed the penalty, innocent.
Physical Evidence
The finding, collecting and preservation of physical evidence are the most important phases in a criminal investigation.
Physical evidence is of value only if it helps to prove a case or clear a suspect. The most valuable evidence may be worthless if inefficiently handled. A system is designated as the chain of evidence. In general, the term «chain of evidence» may be defined as the documentation of every article of evidence, from the point of initial discovery at a crime scene, to its collection and transport to a laboratory, its temporary custody and its final disposition. Within this context, it is natural that:
— the admissibility of the information derived from any article of evidence be directly proportional to and fully dependent on the manner and precautions taken to ensure that the evidence presented to a court has been protected;
— there be no viable alternative to a strong chain of evidence.
It is not always possible to know whether or not an object has evidential value until it is analyzed. For example, one is generally unable to see all the details in a shoe imprint until a cast has been made and that cast compared with the shoe.
In collecting any object of possible evidential value an officer should keep in mind the importance of the following:
1. The possibilities of fingerprints being found on it.
2. The chances of certain pieces of microscopic debris, such as hair, blood, paint, fibres, etc., adhering to it.
3. How that article should be removed, marked, packaged and transported.
Physical evidence is something that is concrete, something that can generally be measured, photographed, analyzed, and presented as a physical object in court. Circumstantial evidence is a specific circumstance. For example, a suspect might be accused of burglary, and the shoes he is wearing are proved to have made certain impressions found at the scene of a crime. The shoes and the imprint are
physical evidence, while the fact that the suspect was wearing the shoes when arrested is circumstantial evidence. Someone else could have worn the shoes at the time the burglary was committed, therefore that type of evidence is circumstantial.
If there are witnesses, the investigator needs corroborative evidence; if there are no witnesses, the entire case must often be proved through physical evidence alone.
The intrinsic value of physical evidence often depends on its location. A hat on one’s head has little significance but if it is found beside a murder victim it might become of great importance.
When the investigating officer arrives at a crime scene it is necessary that he should first protect the scene and prevent anybody from touching any object.
The preliminary survey is to acquaint the investigating officer with the entire scene and its important details. After he has completed his preliminary survey the photographer may go to work. It is important that the investigator should accompany the photographer, pointing out various objects of possible evidential value. He should note possible location of latent prints (invisible prints), and guard against contamination of such objects and surfaces.
After the general scene has been completely photographed, the officer with casting equipment casts all possible imprints, if such are present, and then the fingerprint man should work on various objects. He should also note movable objects where fingerprints may be found, and should carefully remove them to a safe place for dusting and developing later.
As the fingerprint man completes his work, the investigator may go to work thoroughly searching the scen of possible evidential value.
As evidence is found, it should be marked, carefully packaged, each article separately, and placed in some locality where it will not be destroyed or contaminated, until it is transported to a laboratory.
Пояснения к тексту:
to look for, to analyze, a possibility, custody, latent, impressions, a picture, a dactyloscopic expert, to search for, an article, a criminal, a probability, to examine, imprints, a photograph, preservation, invisible, an item, a fingerprint man, a perpetrator.
Найдите эквиваленты в тексте:
Доказать дело, снять подозрения с подозреваемого, ценные вещественные доказательства, сделать слепок, косвенные улики, кража со взломом, убийство, подтверждающие доказательства, предварительный осмотр места происшествия, изъять предметы, уничтожить или загрязнить улики, осматривать место происшествия в целях нахождения отпечатков пальцев, жертва, доказывать дело лишь с помощью вещественных доказательств, оберегать место присшествия, закончить предварительный осмотр, отметить расположение отпечатков пальцев, дактилоскопист, обработать порошком, промаркировать улики, упаковать улики.
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Criminal justice „The state prosecu
Criminal justice
„The state prosecutes those charged with a crime. The police investigate a crime and may apprehend suspects and detain them in custody. If the police decide an offender should be prosecuted, a file on the case is sent to the Crown Prosecution Service (CPS) – the national prosecution service for England and Wales. The CPS must consider whether there is enough evidence for a realistic prospect of conviction, and if so, whether the public interest requires a prosecution. They can decide to either go ahead with the prosecution, send the case back to the police for a caution, or take no further action. Criminal proceedings can be initiated either by the serving of a summons setting out the offence and requiring the accused to attend court, or, in more serious cases, by a warrant of arrest issued by a Magistrates’ Court. Lawyers from the CPS may act as public prosecutors. The Criminal Defence Service provides legal aid, which funds the services of an independent duty solicitor who represents the accused in the police station and in court. However, at the end of a Crown Court case the judge has the power to order the defendant to pay some or all of the defence costs.‟
Categories of criminal offence
‘There are three categories of criminal offence. Summary offences, tried without a jury, are minor crimes only triable in the Magistrates’ Court. Indictable offences are serious crimes, such as murder, which can only be heard in the Crown Court. The formal document containing the alleged offences, supported by facts, is called the indictment. A case which can be heard in either the Magistrates’ Court or the Crown Court, such as theft or burglary, is triable either way. If the defendant pleads guilty, the Magistrates’ Court can either proceed to sentence or commit to the Crown Court for sentence, where more severe penalties are available. If there is a not guilty plea, the court can decide the mode of trial. The person charged may request a trial by jury. If granted, such trials take place in the Crown Court.’
Criminal court proceedings
‘The English system of justice is adversarial, which means that each side collects and presents their own evidence and attacks their opponent’s by cross-examination. In a criminal trial, the burden of proof is on the prosecution to prove beyond reasonable doubt that the accused is guilty. A person accused or under arrest for an offence may be granted bail and temporarily released. However, bail may be refused, for example if there are grounds for believing that the accused would fail to appear for trial or commit an offence. In the Crown Court, there may be a preparatory hearing for a complex case before the jury is sworn in. Prior to the trial, there is a statutory requirement for disclosure by the prosecution and defence of material relevant to the case, for example details of any alibis – people who can provide proof of the accused’s whereabouts at the time of the crime – or witnesses – people who may have seen something relevant to the crime. Once a trial has begun, the defendant may be advised by counsel to change his or her plea to guilty, in expectation of a reduced sentence. If, at the end of the trial, the court’s verdict is not guilty, then the defendant is acquitted.
Английский язык в юриспруденции
Автор: Пользователь скрыл имя, 16 Января 2012 в 17:32, контрольная работа
Описание работы
Территория Соединённых Штатов Америки простирается от Атлантического побережья через центральные равнины и Скалистые горы к густонаселённому западному побережью, и, далее к островам, на которых расположен штат Гавайи.
На данный момент население США составляет около двухсот тридцати девяти миллионов человек. Американцев называют «нацией поселенцев». Страна была заселена, построена и развита поколениями поселенцев и их детей. Много различных общественных и культурных традиций, этнических особенностей, расовых групп и религиозных культов сформировали американскую нацию.
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КР Английский2.doc
Вариант №1
Task I. Read the text General Information about the USA. Translate it in writing.
Общая информация о США
Территория Соединённых Штатов Америки простирается от Атлантического побережья через центральные равнины и Скалистые горы к густонаселённому западному побережью, и, далее к островам, на которых расположен штат Гавайи.
На данный момент население США составляет около двухсот тридцати девяти миллионов человек. Американцев называют «нацией поселенцев». Страна была заселена, построена и развита поколениями поселенцев и их детей. Много различных общественных и культурных традиций, этнических особенностей, расовых групп и религиозных культов сформировали американскую нацию.
Соединённые Штаты Америки основаны в 1776 году. Конституция принята в 1787 году. С той поры было принято более 25 поправок к Конституции. Первые десять поправок известны как «Билль о правах». Конституция определяет федеральную систему правительства. Определённая власть дана национальному (федеральному) правительству, остальная власть принадлежит штатам.
В наше время Соединённые Штаты Америки являются федеральной республикой, состоящей из пятидесяти штатов, каждый из которых имеет собственное правительство, полицию и законы.
Президент является главой государства. Он формирует Кабинет министров, который является исполнительной властью. Законодательной властью наделён Конгресс, состоящий из двух палат: Сената и Палаты Представителей.
Task II. Make up questions to the following sentences:
Task III. Change the following sentences into the Passive Voice using the same tense:
Task IV. Put the verb in the correct form:
Mum was watching some stupid film after dinner, so she made me take Dad’s tea into his study. It was about nine o’clock. He was in a really mean mood. He shouted at me because I spilled a few drops of tea on his desk while I was pouring it. I didn’t want to watch the film so I crept out by the back door. I decided to go down to the village and use the public phone to call Alan. He’s my boyfriend. I have never liked Mum or Dad to be around when I am talking to him. Especially yesterday, because Dad and I had a stupid argument about Alan the day before. It normally takes a quarter of an hour to walk to the village. Perhaps, it took less time last night. I can’t prove I went to the village. No one saw me when I was walking into the village. I saw Gerald, that’s Dad s business partner. He was standing near the window in his sitting-room. He didn’t see me, though, because it was dark outside. He was talking on the phone, I think. Alan didn’t answer the phone. Then I remember he has told me he is playing in a concert that evening. So I walked home again. I met Gerald just before I have reached our house. He was looking for his dog. That was about twenty to ten. I came in by the back door as quietly as possible and went to bed. I didn’t want to see my parents again that evening.
Task I. Read the text “Criminal Justice Process in the USA”, find English equivalents.
Уголовный процесс – criminal justice process,
судебное разбирательство – court process, trial,
обвинение – arraignment, charge,
произвести арест – to arrest,
совершить тяжкое преступление – to commit a felony,
тюремное заключение – imprisonment,
правоохранительные органы – the law enforcement agency,
обвиняемый – defendant, accused,
снимать отпечатки пальцев – fingerprint,
картотека – the booking card, file,
уголовное судопроизводство – criminal court process,
мелкие правонарушения – petty offence,
суд низшей инстанции – summary trial,
слушать дело – to hear a case,
подвергать уголовному преследованию – to prosecute,
признать себя виновным – to plead guilty,
суд присяжных – jury trial,
вынести приговор – to find a verdict,
определить наказание – to decide on a penalty,
осудить условно – to place on probation.
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). After an arrest the suspect may be released without being prosecuted for a variety of reasons: mistaken identity, lack of proper evidence, etc.
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.
At arraignment, summary trials can be held for petty offenses without further processing. During the initial appearance before a magistrate’s, judge or justice of the peace, the accused is to answer the charges against him. 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 guilt, 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.
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 slays the execution of the sentence. If the appeal is unsuccessful or the defendant decides not to appeal, the penalty is imposed.
Task II. Give the definitions:
An accused is a person charged with an offense.
A criminal is a person who is guilty of a crime.
A defendant is an accused in criminal proceedings.
A suspect is a person who is suspected of something.
Task III. Find in the text above Participle I, Participle II, Gerund and Infinitive.