Unit 4 Criminal Procedure

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UNIT 4

CRIMINAL PROCEDURE

 PRE-READING 1) Why do people commit crimes? In five minutes write down as many reasons for committing crimes as you can think of. Afterwards compare with others. 2) What is criminal procedure?  READING Read the text and complete the table below: Criminal Procedure is the body of law regulating the inquiry into whether a person has violated criminal law. Criminal procedure governs the investigation of crimes; the arrest, charging, and trial of accused criminals; and the sentencing of those convicted (found guilty of a crime). It also regulates the convicted person’s possible appeal for review of the trial court’s decision. Legal systems based on the common law tradition, such as those in England, Canada, and the United States, are typically contrasted with civil law systems, which are found in many Western European countries, much of Latin America and Africa, and parts of Asia. Civil law and common law systems have entirely different approaches to criminal procedure. Most countries with civil law systems use what is known as the inquisitorial system. Common law countries use what is called the adversarial system. The inquisitorial process is characterized by a continuing investigation conducted initially by police and then more extensively by an impartial examining magistrate. This system assumes that an accurate verdict is most likely to arise from a careful and exhaustive investigation. The examining magistrate serves as the lead investigator – an inquisitor

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who directs the fact-gathering process by questioning witnesses, interrogating the suspect, and collecting other evidence. The attorneys for the prosecution (the accuser) and defense (the accused) play a limited role in offering legal arguments and interpretations that they believe the court should give to the facts that are discovered. All parties, including the accused, are expected to cooperate in the investigation by answering the magistrate’s questions and supplying relevant evidence. The case proceeds to trial only after completion of the examining phase and the resolution of factual uncertainties, and only if the examining magistrate determines that there is sufficient evidence of guilt. Under the inquisitorial approach, the trial is merely the public finale of the ongoing investigation. Critics argue that the inquisitorial system places too much unchecked power in the examining magistrate and judge, who both investigate and adjudicate the case. In a common law, an adversarial approach is used to investigate and adjudicate guilt or innocence. The adversarial system assumes that truth – that is, an accurate verdict – is most likely to result from the open competition between the prosecution and the defense. Primary responsibility for the presentation of evidence and legal arguments lies with the opposing parties, not with a judge. Each side, acting in its selfinterest, is expected to present facts and interpretations of the law in a way most favorable to its interests. The approach presumes that the accused is innocent, and the burden of proving guilt rests with the prosecution. Through counterargument and cross-examination, each side is expected to test the truthfulness, relevancy, and sufficiency of the opponent’s evidence and arguments. The adversarial system places decision-making authority in the hands of neutral decision makers. The judge ascertains the applicable law and jury determines the facts. Critics of the adversarial approach argue that the pursuit of winning often overshadows the search for truth. Furthermore, inequalities between the parties in resources and in the abilities of the attorneys may distort the outcome of the adversarial contest. System Countries Investigation Role played (conducted by by) attorneys Phases (steps) Drawbacks

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 VOCABULARY PRACTICE 1) Find words in the text which could be replaced by: a) b) c) d) e) f) g) h) i) j) k) l) m) n) o) p) an official process, in the form of serious of meetings, intended to find out why something happened to disobey or do something against an official agreement, law, principle a method of doing something, or dealing with a problem fair extremely thorough an official who is asking lots of difficult questions information given in a court of law in order to prove that someone is guilty solution legally determine/decide who is right in an argument between two groups the fact of being not guilty of a crime the duty to prove something giving true facts about something being directly connected with the subject or problem being discussed or considered the act of trying to achieve something in a determined way to explain a fact or statement in a way that changes its real meaning final result

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2)   Pair Work. Ask your colleague questions and fill in the gaps.
Text for student A The United States has a federal system, meaning that power is divided between a (A1) authority and many state or local authorities. Thus, there are 51 different sets of criminal procedural law in the United States – that of the federal government and one for each of the 50 states. In addition, separate (A2) procedures exist for military courts and for federal territories. The procedures adopted by each state and federal government vary. However, the shared heritage of the English common law provides significant (A3) in the basic structure of the process. Furthermore, the Constitution of the United States imposes some limitations on the states in formulating their criminal procedure. Federal Criminal Procedure - A person prosecuted in the federal courts on charge of violating a federal criminal law is subject to federal criminal procedure. Federal procedure is (A4), first of all, by certain provisions of the U.S. Constitution, especially those contained in the Bill of Rights (the first ten amendments to the Constitution). The Fourth Amendment protects citizens from unreasonable (A5) and seizures and describes how law enforcement officials can obtain warrants (court orders permitting a search or arrest). The Fifth Amendment protects individuals accused of crimes from having to testify against themselves and from being tried more than once for the same offense. The Fifth Amendment requires that government procedures adhere to due process of law, which means basic standards of (A6) and equity. Under the Sixth Amendment, a (A7) is guaranteed a speedy and public jury trial during which the defendant will get notice of the charges he or she faces and may call witnesses and face his or her accusers. The Eighth Amendment prohibits excessive (A8), excessive fines, and cruel and unusual punishments. State Criminal Procedure – A person prosecuted in the courts of a particular state on charge of violating the criminal laws of that state is subject to state criminal procedure. State criminal procedure is found in the (A9), statutes, rules, and judicial decisions of that state. Furthermore, portions of the U.S. Constitution are applicable to state criminal defendants. State constitutions generally (A10) a state criminal defendant most of the same rights that a federal defendant is provided by the Bill of Rights. Some states have provisions that vary from federal constitutional

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requirements. The Supreme Court of the United States has required states to provide to criminal defendants most of the procedural guarantees in the U.S. Constitution. Text for student B The United States has a federal system, meaning that power is divided between a central authority and many state or (B1) authorities. Thus, there are 51 different sets of criminal procedural law in the United States – that of the federal government and one for each of the 50 states. In addition, separate criminal procedures exist for military (B2) and for federal territories. The procedures adopted by each state and federal government vary. However, the shared heritage of the English common law provides significant similarities in the basic structure of the (B3). Furthermore, the Constitution of the United States imposes some limitations on the states in formulating their criminal procedure. Federal Criminal Procedure - A person prosecuted in the federal courts on charge of violating a federal criminal law is subject to federal criminal procedure. Federal procedure is governed, first of all, by certain (B4) of the U.S. Constitution, especially those contained in the Bill of Rights (the first ten amendments to the Constitution). The Fourth Amendment protects citizens from unreasonable searches and (B5) and describes how law enforcement officials can obtain warrants (court orders permitting a search or arrest). The Fifth Amendment protects individuals accused of crimes from having to testify against themselves and from being tried more than once for the same offense. The Fifth Amendment requires that government procedures adhere to due process of law, which means basic standards of fairness and (B6). Under the Sixth Amendment, a defendant is guaranteed a speedy and public jury trial during which the defendant will get notice of the (B7) he or she faces and may call witnesses and face his or her accusers. The Eighth Amendment prohibits excessive bail, excessive (B8), and cruel and unusual punishments. State Criminal Procedure – A person prosecuted in the courts of a particular state on charge of violating the criminal laws of that state is subject to state criminal procedure. State criminal procedure is found in the constitution, statutes, rules, and (B9) decisions of that state. Furthermore, portions of the U.S. Constitution are applicable to state criminal defendants. State constitutions generally guarantee a state criminal defendant most of the same rights that a federal defendant is provided by the Bill of Rights.

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Some states have provisions that vary from federal (B10) requirements. The Supreme Court of the United States has required states to provide to criminal defendants most of the procedural guarantees in the U.S. Constitution.

3) Read

about Pretrial events, match the actions with their corresponding paragraph, then sort out the correct order in which they would normally occur by placing them in the grid:

Arraignm enton the First Preparati Investigati Preliminary Indictmen Judicial on for on and Hearing or Bail Booking t or Appearan Trial Arrest Indictment Informati ce on

The rules of criminal procedure affect many actions prior to the formal trial of the defendant. Even before a suspect is arrested, certain procedural rules govern the activities of the police and the rights of the suspect. After an arrest is made, a series of events takes place leading up to either release, a guilty plea, or a trial to determine the accused person’s guilt or innocence. All of these events are governed by the rules of criminal procedure. A.___ Within a reasonable time after the arrest, the accused must be taken before a magistrate and informed of the charge. The magistrate will ascertain that the person before the court is, in fact, the individual referred to in the complaint (an initial charging document). The magistrate also will notify the accused of various legal rights, such as the right to remain silent and the right to assistance of counsel. If the accused is indigent (poor) and desires the assistance of an appointed attorney, the process for securing an attorney at the state's expense will be initiated (known as public defenders in some jurisdictions, to defend those who cannot afford a private attorney). B.___ A neutral body-either a group of citizens or a judge-reviews the case against the accused and decides whether he or she should be tried. These proceedings are designed to review the government's decision to prosecute

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in order to prevent governmental abuse of power. If, after hearing the evidence, the presiding judge or grand jury finds there is probable cause to believe the accused committed the offense, legal proceedings against the accused continue. If the prosecution's evidence is found insufficient, the charges are dismissed and the accused is released. However, the person can be rearrested and recharged if the prosecutors develop or find further evidence supporting the charge. If the grand jury finds sufficient evidence to justify a trial on the crime charged, it issues an indictment - a formal document containing a plain statement of the facts constituting the offense charged. The indictment or information replaces the complaint as the formal charging document in the case. Once the formal accusation has been issued, the accused is referred to as the defendant. A copy of the accusation is given to the defendant before s/he is called. C.___ The defendant is entitled to a speedy trial, although not so speedy as to deny sufficient time to prepare an adequate defense. The defendant may ask for a postponement if more time is needed. Although the defendant is entitled to be tried in the county or district where the crime was committed, he or she may file a motion asking the court for a change of venue—that is, a move of the trial to a court in another locality. A change of venue is common when a fair trial in the district would be impossible due to pretrial publicity or public hostility to the defendant. Prior to the trial, the prosecutor is required to turn over to the defendant information favorable to him or her on issues that will be tried. D.___ refers to the security that the accused gives to the court to guarantee his or her appearance at subsequent judicial proceedings. The accused person's promise to return for trial is secured by some form of collateral, such as money or property (fixed by the judge or magistrate), that the accused forfeits if he or she does not show up for trial. The system attempts to balance the due process rights of the accused with the state's need to ensure that a person accused of a crime will return for trial. E. ___ is the process of taking a person into custody for the purpose of charging that person with a crime,(the first step in a criminal prosecution). It can be made with or without a warrant. Before questioning a suspect in custody, the police must inform him or her of certain legal rights, including the right to remain silent and the right to have an attorney present during questioning. These Miranda warnings are named after the 1966 Supreme Court case, Miranda v. Arizona, in which the Court declared the necessity

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of such a procedure. A judge may issue a warrant if either a police officer or a private person swears under oath that the accused has committed a crime, or that a crime has been committed and there is probable cause for believing the accused committed it. For certain crimes, a summons (formal document notifying a person that he or she is required to appear in court to answer a charge) may be used in place of an arrest. F.___ At this procedure, taking place in the court in which the defendant will be tried, the indictment or information is read. The defendant is called upon to answer the charge by pleading not guilty, guilty, or nolo contendere (no contest). Before pleading, the defendant may file a formal document, known as a motion, asking the court to dismiss the case. A judge can dismiss the charges if, for example, he or she concludes that the grand jury was not properly assembled or determines that the conduct charged does not constitute a crime. If the defendant does not make such motion or if the court denies the motion, the defendant must enter a plea. If the defendant pleads guilty, there is no trial and the case is set for sentencing. With the court's permission, the defendant may be allowed to plead nolo contendere. This plea has the same consequences as entering a guilty plea, but it does not require the defendant to admit guilt. G.___ is the clerical process by which an administrative record is made of the arrest. The name and address of the person arrested (sometimes referred to as the arrestee), the time and place of arrest, the name of the arresting officer, and the arrest charge are entered in the police log. This process can also involve searching, fingerprinting, photographing, and testing the arrestee for drugs and alcohol.

4)  Read the explanation of the steps in either a criminal or civil trial. )a Opening Statement by Plaintiff or Prosecutor – plaintiff’s
attorney (in civil cases) or prosecutor (in criminal cases) explains to the trier of fact the evidence to be presented as proof of the allegations (unproven statements) in the complaint or indictment. Opening Statement by Defense – defendant’s attorney explains evidence to be presented to deny the allegations made by the plaintiff or prosecutor. Direct Examination by Plaintiff or Prosecutor – each witness for

)b )c

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)d )e

)f )g )h

)i )j )k )l

the plaintiff is questioned. Other evidence (e.g., documents, physical evidence) in favor of the plaintiff or prosecution is presented. Cross Examination by Defense – the defense has the opportunity to question each witness. Questioning is designed to break down the story or to discredit the witness in the eyes of the jury. Motions – if the prosecution’s or plaintiff’s basic case has not been established from the evidence introduced, the judge can end the case by granting the defendant’s motion to dismiss (in civil cases) or by entering a directed verdict (in criminal cases). Direct Examination by Defense – each defense witness is questioned. Cross Examination by Plaintiff – each defense witness is crossexamined. Closing Statement by Plaintiff – prosecutor or plaintiff’s attorney reviews all the evidence presented (noting uncontradicted facts), states how the evidence has satisfied the elements of the charge, and asks for a finding of guilty (in criminal cases) or for the plaintiff (in civil cases). Closing Statement by Defense – same as closing statement by prosecution/plaintiff. The defense asks for a finding of not guilty (in criminal cases) or for the defendant (in civil cases). Rebuttal Argument – prosecutor or plaintiff has the right to make additional closing arguments. Jury Instructions – judge instructs jury as to the law that applies in the case. Verdict – in most states, a unanimous decision is required one way or the other. If jury cannot reach a unanimous decision, it is said to be a hung jury, and the case may be tried again.

5)  Read the texts, then provide titles.
)a After a guilty verdict is issued, but generally before sentencing, the convicted defendant may make a motion for a new trial on the premise that a mistake prejudicial (harmful) to the defendant was made at the trial. Prejudicial errors include errors in the judge’s rulings on the admissibility of evidence or instructions to the jury, or some misconduct by the jury, judge, or prosecutor. The

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defendant may also move for a new trial based on the argument that the evidence was not sufficient to support the jury’s guilty verdict. A motion for a new trial on the basis of newly discovered evidence that, had it been available at the trial, might have resulted in an acquittal may be made after the defendant has been sentenced; however, there is generally a time limit on this. If the trial judge grants the motion for a new trial, the conviction is set aside and the defendant may be tried again by a new jury. If the motion is denied, the defendant will be sentenced. )b Once guilt has been determined, either by verdict following a trial or by the entry of a guilty plea, the defendant must be sentenced. Generally, the trial judge imposes the sentence, which must be within the statutory limits set by the legislature for the crime in question. In a few states, the jury fixes the sentence. Available sentences include fine, forfeiture (loss of property), restitution, probation, some form of incarceration or deprivation of liberty, or a combination of these. For certain very serious offenses, the convicted offender may be sentenced to death. The sentencing options available to the judge are often defined by the legislature. In jurisdictions that use indeterminate sentencing, the judge has discretion to set the sentence at a maximum and minimum term within a broad range permitted by law. Parole authorities then determine the actual release date within those limits depending on the prisoner'’ behavior and progress toward rehabilitation. In contrast, a determinate sentence imposes a fixed term of incarceration with no early release through parole. In jurisdictions that use presumptive sentencing, the judge sentences the offender to a term that falls within a narrow range prescribed by the legislature, and offenders are expected to serve this term. However, a judge may permit a departure from this presumptive sentence – either an increase or decrease in the length of the term – if specific justification is shown. Legislators often spell out in detail the factors that justify a judge’s departure from the presumptive sentence. Some states have enacted statutes that provide for long and often mandatory terms of imprisonment upon proof that the defendant has a prior record of criminal activity. )c Judges often have the option to place a convicted offender on probation. Probation means the offender will remain in the

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)d

community (rather than be sent to jail) subject to certain conditions prescribed by statute or by the judge. One condition of probation is supervision by a probation officer. If the offender violates the conditions of probation, probation can be revoked and the offender can be incarcerated. In many jurisdictions, a defendant sentenced to prison may be eligible for release on parole after a portion of the sentence has been served. Parole authorities grant parole based on factors such as the prisoner’s behavior while in jail and the predicted potential for the prisoner to refrain from further criminal activity. The possibility of parole does not exist for some serious criminal offenders. If parole is granted, the person on parole (known as the parolee) remains under the supervision of a parole officer until the expiration of the sentence or a term otherwise specified by law. If the parolee violates the conditions of parole, the parole authorities may revoke parole, returning the parolee to prison for the remainder of the unexpired sentence. A convicted criminal may appeal his or her conviction and sentence to a higher court, known as an appellate court. The appellate court will review all or part of the written record of what transpired at the trial to determine whether any error prejudicial to the defendant was made. If any such error occurred, as where the trial court erred in its rulings on the admissibility of evidence or in its instructions to the jury on the law to be applied, the appellate court usually remands (returns) the case for a new trial. Sometimes, however, the error is of a type that leads to a reversal of conviction and the release of the defendant. For example, if the trial court incorrectly refused to declare unconstitutional the statute on which the prosecution was based, the appellate court would nullify the conviction, and the defendant would go free. In such a situation a new trial based on the unconstitutional statute is not permitted. If the appellate court finds no error or deems any errors harmless – that is, not substantial and not prejudicial to the interests of the defendant – it affirms the conviction.

)e

6)  Read the texts below (marked A,B,C,D,E) and then match each text with
the corresponding headline:

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The Effects of Incarceration; Sentencing; Imprisonment Is Not Effective; Restraining Violent Criminals; Jail & Prison Conditions. A. Since 1980, the United States has engaged in the largest and most frenetic correctional buildup of any country in the history of the world. During this time the number of Americans in prison and jail has tripled to 1.5 million. For some minority groups, the rate of incarceration has increased tenfold. About 50 million criminal records - enough to cover nearly one-fifth of the entire U.S. population - are stuffed into police files. Hundreds of billions of dollars have poured from taxpayers' checking accounts into penal institutions and the businesses that service them. One would think the extraordinary expansion of the criminal justice system would have made at least a small dent in the crime rate. The increase in the prison population did not reduce crime nor did it make Americans feel safer. In fact, some criminologists have argued that the overuse of the penal system for so many small-time offenders has actually created more crime than it has prevented. B. Anyone who has been handcuffed by police knows how deeply humiliating the experience can be. Imagine the effects of spending even a night in the bizarre and violent sub-culture of most jails. Each person booked is fingerprinted and photographed for their criminal record . Sexual assaults are frequent and usually go unpunished. As ever more young men and women are socialized to the cell blocks and then are returned to the streets, the violent subculture of the correctional facility increasingly acts as a vector for crime in our communities. Prisons and jails thus have a dual effect: they protect society from criminals, but they also contribute to crime by transferring their violent subculture to our community once inmates are released. C. For those concerned with public safety as well as vengeance, the issue of jail and prison conditions becomes more complicated. We all want inmates to feel the sting of punishment and loss of freedom. On the other hand, it does not serve public safety to so frustrate inmates that they return to the streets embittered and angry. Jail and prison conditions exert a significant influence on whether an inmate becomes productive upon release or resumes criminal behavior. More than nine out of ten inmates currently in

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prison will be released at some point. D. Many Americans believe convicted criminals get off easy, and they are partially right. Some offenders get off lightly for serious crimes while others pay too great a price for lesser offenses. A vivid illustration of this phenomenon can be seen by comparing the time served of murderers to first-time drug offenders in the federal system. In 1992, federal prisons held about 1,800 people convicted of murder for an average time served of 4 1/2 years. That same year, federal prisons held 12,727 nonviolent first-time drug offenders for an average time served of 6 1/2 years. No other nation treats people who commit nonviolent crimes as harshly as the United States. E. The justice system imprisons only a small fraction of all offenders, including only a small fraction of all violent offenders. Not surprisingly, therefore, those who really do go to prison in this country today are almost without exception the worst of the worst predatory career criminals. Not only are their official criminal records punctuated by many different types of serious crimes; they commit tremendous numbers of violent and other crimes that go wholly undetected, unprosecuted, and unpunished. Below you see the story of an extraordinary case in British legal history. The affair started in 1949 and was finally closed in 1966. At the moment, there are a number of gaps in the story. Use the words below to complete it. Confessed enquiry (2) Innocent Judges Tried court sentenced charged plea executed custody jury appeal apprehend statements guilty execution dropped hunt denied

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trial convicted arrested pardon suspect

The story began when a man called Timothy Evans was 1… for the murder of his wife and baby. He was 2… with the double murder, but a short time later one of the charges was 3… and he was 4… for the murder of his daughter only. During the 5…Evans accused the man whose house he had been living in, John Christie, of the crimes, but no attention was paid to him. The 6… found Evans 7… and he was 8… to death. An 9… was turned down and he was 10… in 1950.

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Some time later, more women’s bodies were discovered in Christie’s house: two, three, four, five, six. John Christie was the police’s chief 11… and they started a nationwide 12… for him. He was soon 13…. Alleged 14… by Christie while he was in 15… cast doubt on the Evans hanging. When he went to 16… , Christie 17 … that he had murdered Mrs. Evans, but in private it was said that he 18… to that crime. His 19… of insanity with regard to other murders was rejected and he was 20… of killing his wife. Soon afterwards there was an 21… into the 22… of Timothy Evans. The 23… decided that justice had been done and Evans had been rightly hanged. It was only in 1966 that another 24… was set up. This time it was decided that Evans had probably been 25… and he was given a free 26… . Better later than never, as they say. 8) Study the following words: alibi/excuse As a legal term, alibi has to do with a plea made by the defense to prove that the accused was somewhere other than at the scene of the crime and therefore could not have committed it. In informal usage, however, alibi is simply another word for excuse; that is, a reason given for some action or behavior ( as in “What`s your alibi for being late?”). criminal/felon A criminal or offender is a person guilty, or legaly convicted, of a crime. Although a culprit can be a person only accused of or charged with the commission of a crime, the word also commonly refers to someone who has been found guilty. If the crime is serious enough to be classified as a felony, the person might be referred to by the legal term felon. A convict is a person who not only has been guilty of a crime but, as a result of that conviction, is serving a sentence in a jail, prison, or penitenciary. A person who is confined in prison following conviction of a crime might be called a prisoner, as might someone who, having been accused of a crime, is held in custody or released on bail while on or awaiting trial.

felony/ misdemeanor

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A crime is an act either committed in violation of a law prohibiting it or omitted in violation of a law ordering it. A felony is a major crime, such as murder, arson, rape, robbery, or kidnapping, for which the usual penalty is more than a year`s imprisonment in a penitentiary, with or without a fine, or even death. A misdemeanor is a less serious crime, such as breaking a municipal ordinance, for which the penalty is usually a fine, a jail sentence of less than a year, or both. Because a misdemeanor is a crime, it may seem odd to title a film Crimes and Misdemeanors, as Woody Allen did. But Black`s Law Dictionary offers an explanation:” Crime`and`misdemeanor,`properly speaking, are synonymous terms; though in common usage `crime` is made to denote such offenses as are of a more serious nature.” In archaic usage, the U.S. Constitution ( article II, section 4) provides for the removal from office of the President, Vice President, and all civil officers “ on impeachment for, and conviction of, treason, bribery, or other high crimes and misdemeanors.” homicide/ murder The kiling of one human being by another is homicide. Although homicide is a necessary ingredient in both murder and manslaughter, it is not necessarily a crime in itself. That is, it may be committed without criminal intent and without criminal consequences, as in the lawful execution of a judicial sentence, in self- defense when one`s life is endangered, or as the only way to arrest an escaping felon. According to Black`s Law Dictionary, “the term`homicide` is neutral; while it describes the act, it pronounces no judgment on its moral or legal quality”. Both murder and manslaughter, however, are crimes. In most states, a person faces the charge of murder in the first degree (or firstdegree murder) if he or she kills another unlawfully and maliciously or with premeditation; with atrocity or cruelty ( as by poison, starvation, mayhem, or torture); by lying in wait for the victim; or while committing or attempting to commit a serious felony such as arson, rape, robbery, or burglary. All other kinds of murder are considered murder in the second degree( or second-degree murder). Manslaughter is also the unlawful killing of another, but without malice aforethought, either expressed or implied. There are two kinds of manslaughter; voluntary( resulting from a sudden quarrel or heat of passion)and involuntary( resulting from the failure to exercise due caution

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or circumspection in the performance of a lawful act, so as to safeguard humanlife or from the commission of an unlawful but not felonious act). Still another unlawful killing is assassination, in which the victim is likely to be a politically important person. This kind of murder is committed by surprise attack, usually for payment or from zealous belief. jail/prison A jail is typically a building, though it may be a lockup inside a police station, for the confinement of those who are awaiting trial or who have been convicted of minor offenses( misdemeanors). Local police departaments usually administer city jails, and sheriffs` offices usually administer country jails. People convicted of major crimes( felonies) are likely to be confined in a prison or penitentiary, these words being used interchangeably. Another type of penal institution( the generic term for all places of confinement for those adjudged guilty of a crime) is a reformatory, or house of correction, where juveniles convicted of lesser offenses are sent for training and discipline intended to reform rather than punish them. A penitentiary for women is sometimes called a reformatory as well. Gaol and jail came into Middle English at more or less the same time from two French dialects. Gaol represents Norman French, gaiole, gayolle, or gaole; jail the central and Parisian Old French jaiole, geole( modern French geole). The Norman French version would have been pronounced with a hard g, as in <goat>. In the I7th century there seems to have been some controversy as to which was the correct form; one quotation in OED reads, `they cannot come to a Resolution … whether they shall say Jayl or Gaol`. This now seems to be resolved with a typically British compromise; the word is always pronounced jail but is spelt gaol in official use. In literary use either spelling may be used. The Americans just use jail. 9) Match the list of criminals in column A with the descriptions in column B. A 1) 2) an assassin a blackmailer a. b. B A person who steals things from a shop A person who breaks into houses to steal things.

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3) 4) 5) 6) 7) 8) 9) 10)

a shoplifter a hijacker a robber a burglar a terrorist a pickpocket a rapist a kidnapper

c. d. e. f. g. h. i. j.

A person who kills an important person, possibly for political reasons. A person who demands money from a person about whom they have secret information. A person who commits violent acts for political purposes. A person who takes money from a bank (or another person) A person who keeps someone prisoner until they are given money. A person who steals money from people’s bags or pockets. A person who takes control of a plane by force. A man who attacks a woman for sexual purposes.

Number each crime according to how serious you think it is. Put number 1 for the most serious and number 10 for the least serious. Afterwards compare with your neighbors. shoplifting rape Tax evasion vandalism smoking hashish drunken driving assault (physically attacking someone ) armed robbery selling hard drugs murder

10) Select a scene and time for a crime. Two students are the “suspects”. They are sent outside and instructed to prepare an “alibi” for one another. This means they have to invent and be prepared to describe a situation during the period of the crime, in which they were in each other’s company and can therefore vouch for each other’s innocence. Meanwhile the “suspects” prepare their story to try to anticipate questions and give exactly corresponding versions of their alibi. After ten minutes of preparation, the first suspect is called in and asked questions about his/her movements and actions during the crucial time. Then the second. If they do in fact corroborate each other’s stories, they are

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“innocent”; but if there are inconsistencies and contradictions, they are “guilty”. 11) Choose the right answer. 1. a) account 2. a) collection The policeman asked the suspect to make a(n) ….. . b) declaration c) deposition d) statement The unruly ….. was broken up by the police. b) congregation c) group d) mob

3. Prince Andrew was found dead in his palace this morning. The police have …..any suggestion of foul play. a) discounted b) neglected c) omitted d) overlooked 4. The chief of police said that he saw no ….. between the four murders. a) communication b) connection c) join d) joint 5. The detective stood ….. behind the door waiting for the assailant. a) immovable b) lifeless c) motionless d) static 6. The police arrested the wrong man mainly because they ….. the names had been given by the witness. a) bewildered b) confused c) merged d) puzzled 7. The police ….. off the street where the bomb had gone off. a) battened b) cordoned c) fastened d) shuttered 8. a) device The police set a ….. to catch the thieves. b) plan c) snare d) trap

a) certify a) deductive

9. The police asked if I thought I could ….. the man who stole my car if I looked at some photos. b) identify c) justifyd) verify 10. The policeman was ….. when he saw a light in the office. b) disturbing c) suggestive d) suspicious

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11. The inspector was a very ….. man and he rechecked the evidence several times. a) attentive b) complete c) thorough d) thoughtful 12. The police who were ….. the crime could find no clues at all. a) enquiring b) investigating ) researching d) seeking 13. We promise not to reveal your ….. if you tell us who the murderer is. a) anonymity b) identification c) identity d) personality a) combing 14. The police are ….. the town for the stolen car. b) investigating c) looking d) seeking

15. The police have not yet found a possible ….. for the murder. a) example b) motive c) principle d) understanding 16. The police ….. their attention to the events that led up to the accident. a) completed b) confined c) confirmed d) contained 17. As he was caught in ….. of a gun, he was immediately a suspect. b) handling c) ownership d) possession

a) control

18. As the result of the police ….. on the disco, ten people were arrested. a) entry b) invasion c) raid d) storm 19. I was informed by the police constable that he would be forced to take me into ….. . a) confinement b) custody c) detection d) guardianship 20. It is the responsibility of the police to ….. the laws, not to take it into their own hands. b) enforce c) force d) press

a) compel

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21. After the accident the policeman asked if there had been any ….. . a) observers b) onlookers c) spectators d) witnesses 22. The police was ….. in their examination of the murder site. a) concentrated b) exhausting c) intense d) thorough 23. The police made sure everyone stood well ….. of the fire. a) away b) clear c) free d) out 24. Why don’t the police take ….. measures against crime. a) affective b) effective c) efficient d) ineffective 12. Match each punishment with its description. 1) capital punishment 2) corporal punishment 3) eviction 4) a heavy fine 5) internment 6) penal servitude 7) a prison sentence 8) probation 9) solitary confinement 10) a suspended sentence a) a period of time in jail b) being made to do specially hard work while in prison c) death d) a punishment imposed only if you commit a further crime e) a large sum of money to pay f) whipping or beating g) regular meetings with a social worker h) removing (a person) from a house or land by law i) limiting the freedom of movement especially for political reasons j) being alone imprisoned completely

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13. Choose the right answer. 1) The community was angered by the …… punishment given their friend. a) august b) austere c) severed) vigorous 2) Those acting for the defendant propose to appeal ….. the sentence. a) against b) for c) out d) to 3) Mr. Tipsy was …… twenty pounds for drinking driving. a) charged b) fined c) ordered d) penalized and

4) The ringleader was lucky to get …… a suspended sentence. a) away b) off with c) through d) through to 5) After considering the case, the judge put the young offender ….. for two years. a) in charge b) in control c) on probation d) on trial 6) Despite the seriousness of his crime he only received a ….. sentence. a) light b) little c) small d) soft 7) The young offenders were warned never ….. with the members of any gang. a) to assign b) to assimilate c) to associate d) to assume 8) As it was her first offence, the judge gave her a ….. sentence. a) kind b) lenient c) severed) tolerant 9) The woman ….. for her husband’s life when he was found guilty of murder. b) debated c) disputed d) pleaded

a) bid

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10) The accused man was able to prove his innocence at the trial and was ….. . a) absolved b) acquitted c) forgiven d) pardoned 11) Jack the Ripper was a hardened criminal without a scrap of ….. for his crimes. a) penance b) pity c) remorse d) reproach 12) His sentence has been commuted to five months on the ….. of failing health. a) bases b) causes c) grounds d) reasons 13) The prisoners had spent almost a month digging a ….. before the guards discovered it. a) pipe b) pass c) subway d) tunnel 14) a) confiscated He was thrown into prison and ….. of his property. b) denied c) deprived d) removed

14. Put each of the following words and phrases into its correct place in the passage below. accused court judge legislature panel trial acquit cross-examination Jurors List sentence witnesses civil suits fault jury money swear counsel guilty legal disputes officer testimony

Trial by Jury A jury is a selected group of laymen that hears the ….. in ….. and decides the facts. A courtroom trial in which a ….. decides the facts is called a ….. by jury. Before each ….. term, a jury commissioner or another public ….. prepares a panel, or large initial ….. of qualified jurors. For each trial, ….. are selected by lot from this ….. Before the trial begins, the jurors ….. to decide the facts fairly. They hear the ….. given by witnesses for both sides, including

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….. . Then ….. for each side sum up, or summarize the case, and the ….. explains the applicable law in his instructions to the jury. In ….. for financial damages, the jury must decide who is at ….. and must determine the amount of ….. to be paid. In criminal cases, the jury must decide whether or not the ….. is guilty “ beyond a reasonable doubt “, and then either return a verdict of guilty, or ….. the defendant by a verdict of not guilty. If the verdict is ….. the judge imposes the …., or punishment, within limits that have been fixed by the …... 15. Choose the right answer. 1) There is no doubt about the outcome of the trial. The man is a ….. criminal. a) self-centred b) self-confessed c) self-conscious d) self-contained 2) If the terrorists are not sent to prison, there will be a public ….. . a) attack b) onslaught c) outcryd) recrimination 3) It is often difficult for ex-convicts to keep to the ….. and narrow. a) deep b) long c) straight d) wide 4) lying. a) recourse When the detectives finally trapped him, he had to ….. to b) resort c) resource d) retort

5) The judge recommended more humane forms of punishment for juvenile ….. . a) convicts b) delinquents c) sinners d) villains 6) The murdered proved to be an apparently well-behaved ….. middle-aged woman. a) inoffensive b) offensive c) unoffending d) unsuspicious 7) He found some squatters living in his house so he asked the court for a speedy ….. . a) discharge b) ejection c) eviction d) expulsion

8)

The witness ….. the statements made by the accused man.

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a) agreed

b) confessed

c) corroborated

d) testified

9) A prominent local figure was ….. as co-respondent in a divorce case. a) accused b) cited c) nominated d) quoted 10) a) fabrication The whole story was a ….. of her imagination. b) fantasy c) figment d) figure

11) As she was the murderer’s mother, the judge ….. the normal restrictions on visits and let her see him. a) abandoned b) lifted c) relinquished d) surrendered 12) The baby at the centre of the controversy has been made a ….. of court. a) child b) progeny c) protege d) ward 13) After considering the evidence for a few hours, the Jury came to a(n) ….. verdict. a) unambiguous b) unanimous c) undivided d) united 14) It was a reasonable ….. to draw in the light of the evidence. a) assessment b) conclusion c) interpretation d) verdict 15) Ms Stickyfinger was charged with ….. the funds of the organization. a) misappropriating b) mislaying c) mistaking d) misplacing 16. The mistakes in these sentences have been underlined for you. Suggest a correct or better alternative for each mistake in Parts A and B. The first one has been done for you. Part A The affair remains unsolved 1 2 Stealing banks is on the increase. We must be sure he receives a fair process. 1 2 ______case______ _______________ _______________

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3 4 5 6 7 8 9 10 11 12 13 14 15 16 17

They found the corps in the garden. Many people have bought false Dali paintings. The police examined the suspect for ten hours. There are austere penalties for dangerous driving. The little boy was able to make us a good description. The most famous criminals used to be held on Alcatraz. Everyone agrees the judge’s decision was exact. How can you test this man is guilty ? Can you acknowledge the person in this photo ? His strange behaviour raised my suspicions She refuses all knowledge of what happened. The police searched the missing boy for ten days. Will this proof stand up in court? Some young people disappear without track. The police have been remarking his

3 4 5 6 7 8 9 10 11 12 13 14 15 16 17

_______________ _______________ _______________ _______________ _______________ _______________ _______________ _______________ _______________ _______________ _______________ _______________ _______________ _______________ _______________

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movements. 18 19 20 He has evaded from prison several times. The sentence was “ Not Guilty ”. Murderers aren’t often hung these days. Part B 1 2 3 4 5 6 7 8 9 10 11 12 13 The gang specialized in robbing bikes and selling them. I dialed a false number. I saw a suspected person outside the shop. You can’t do an accusation without proof. It will be two weeks before the injury heals. She received a life verdict for murder. I’m going to conduct my own apology. She was held stealing goods at a department store. The murdered chocked his victim with a stocking . There’s a big police chase for the criminals. He was convicted to death. I was sued and had to pay damage of £ 500. We have a list of missing peoples. 1 2 3 4 5 6 7 8 9 10 11 12 13 _______________ _______________ _______________ _______________ _______________ _______________ _______________ _______________ _______________ _______________ _______________ _______________ _______________ 18 19 20 _______________ _______________ _______________

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14 15 16 17 18 19

These new credit cards are easy to imitate. A lie is intended to cheat someone. When does the murder try begin? Laws are done to be broken. The innocents were punished along with the guilty. Someone has roused the alarm.

14 15 16 17 18 19

_______________ _______________ _______________ _______________ _______________ _______________

 GRAMMAR PRACTICE -- PHRASAL VERBS 1. Choose the right answer. 1. To get into a building or car using force is to ___. a. break out b. break down c. break in To steal money from a bank by using force is a ___. a. hold in b. hold down c. hold up To steal or take something without asking is to ___. a. run off with b. do without c. do over To hurt someone badly by hitting or kicking is to ___. a. pull them over b. beat them up c. put one over

2.

3.

4.

5. To kill someone in informal English is to ___ with them.

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a. do away b. have away c. stay 6. To destroy something with a bomb is to ___. a. beat it up b. blow it up c. knock it over To take a criminal to the police is to ___. a. turn them over b. turn them in c. turn them down To put someone in prison is to ___. a. lock them up b. do them in c. blow them up To not punish someone for their crime is to ___. a. give them over b. let them off c. put them away

7.

8.

9.

10. To succeed in not being punished for a crime is to ___ it a. get away with b. make off with c. pick through 2. 1. 2. 3. 4. 5. 6. 7. 8. 9. Fill in the missing particle The bank was held ______ by three masked men. If you don't give me what I want, I'll do you ______. He's dead. He was bumped ______ by another gangster. The thieves broke ______ my car and took my radio. The police have pulled ______ a suspect for questioning. I think you should give yourself ______ to the police. The car was blown ______ by terrorists. He was turned ______ to the police by his best friend. I put my bag down for a moment and somebody made ______ it.

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10. She thinks that people who harm children should be locked ______ for life. 11. She thinks that people who harm children should be put ______ for life. 12. She thinks that people who harm children should be banged ______ for life. 13. He was informed ______ by one of his neighbours and the police came to arrest him. 14. He grabbed the bag from me and ran ______ it. 15. I don't see why politicians who commit crimes should be let ______ so lightly. 16. The gang of youths beat ______ the old man. 17. He literally got ______ murder. 18. If I had my way, I'd lock them ______ and throw away the key! 19. The police are rounding ______ the usual suspects. 20. I'm concerned because the crime figures are going ______. We need more police. THE PASSIVE VOICE

1. Use the verbs in brackets in the Passive Voice:
A judge may issue an arrest warrant if either a police officer or private person swears under oath that the accused has committed a crime, or that a crime (to commit) and there is probable cause for believing the accused committed it. For certain crimes, a summons may (to use) in place of an arrest. A summons is a formal document notifying a person that he or she (to require) to appear in court to answer a charge. A police officer may properly make an arrest without a warrant if a felony – serious crime – (to commit) or (to attempt) in the officer’s presence, or if the officer reasonably believes a felony (to commit) and that the accused did it. A police officer may also make an arrest for any misdemeanor – minor offense – committed or attempted in the officer’s presence. Even a private citizen may properly make a warrantless arrest in certain limited circumstances, but such citizen’s arrests are rare.

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2.

Translate into English.

a) Prietenului meu i se pun multe întrebări acum.
b) Ţi s-a recomandat să pleci. c) e) f) Casa aceasta a fost construită cu mulţi ani în urmă. La ora 8.00, programul TV va fi urmărit de toţi prietenii mei. Cazul a fost deja discutat. d) Adesea mi s-a spus să mergem acolo.

g) S-a crezut că ai spus adevărul.

h) Hoţul a fost recunoscut de unul dintre copii.
i) j) Am descoperit un document care a fost scris în secolul al XIX-lea. Am auzit că ai fost rănit în accident.

 WRITTEN ASSIGNMENT 1. 2. Describe the courtroom combat step by step. Enlarge on: If you steal for others, you shall be hanged yourself. The hole calls the thief. /Ease makes thief. A bean in liberty is better than a comfit in prison. Punishment is lame, but it comes.

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