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обвинувачення

15. sentencing 15. провина, вина

II II

1. criminal justice system 1. обвинувачення

у

кримінальній справі

2. sufficient evidence 2. розумні сумніви

3. preliminary hearing 3. певний судовий процес

4. criminal charge 4. смертна кара

5. reasonable doubt 5. законoслухняне життя

6. on behalf of the state 6. офіцер, який наглядає за

пробацією

7. the defendant’s version of

events

7. кримінальна судова

система

8. an impartial judge and

jury

8. версія випадку зі слів

обвинуваченого

9. the question of innocence

or guilt

9. від імені держави

10. capital punishment 10. попереднє слухання

11. a law-abiding life 11. питання вини та

невиновності

12. a probation officer 12. достатньо доказів

13. due process of law 13. безпристрасні суддя та

присяжні

III III

1. to enforce the law 1. відпускати під заставу

2. to identify a person 2. винести обвинувачення

обвинуваченому

3. to violate the law 3. встановити особу

4. to obtain an early release 4. підтримувати

обвинувачення

у

кримінальній справі

5. to enter the arrest into the

records

5. призначити пробацію

6. to set bail 6. надати відстрочку від

виконання покарання

7. to release from custody 7. достроково звільнити із

ув’язнення

8. to charge the accused 8. визнати себе винним

9. to present the charges 9. накласти покарання

10. to bring before the court 10. порушувати закон

11. to support the criminal

charge

11. довести невиновність

12. to plead guilty 12. здійснювати нагляд за

судовим процесом

13. to prove one’s innocence 13. запроваджувати закон

14. to supervise the trial 14. встановити вину

15. to impose punishment 15. представляти

обвинувачення

16. to suspend a jail sentence 16. звільнити з-під варти

17. to put on probation 17. вносити питання про

затримання до протоколу

18. to support the criminal

charge

18. предстати перед судом

Unit 29 Criminal law and procedure

168 169

2. After the commission of the crime the police must investigate the

case and find who did it.

3. They can arrest the suspect, inform of his constitutional rights and

«book» when the police enter the arrest in their records.

4. If the offence is minor, bail may be set.

5. The suspect will be able to be released from custody if the bail is

set.

6. The accused will not be allowed to be present or to defend himF

self before the grand jury.

7. The accused is advised of the pleas he might enter not guilty,

guilty, or «no contest».

8. A «no contest» plea is one in which the accused cannot dispute

the facts but he can argue that the facts do not support a crimiF

nal charge.

9. At the trial the prosecuting attorney is to present those facts and

witnesses which establish the guilt of the accused beyond a reaF

sonable doubt.

10. It he is unable to do this, the charges against the accused will be

dismissed.

11. The prosecutor, acting on behalf of the state must prove the guilt.

12. The accused does not have to prove his innocence since he or she

is assumed to be innocent until proved guilty.

13. The accused may be represented by an attorney whose job is to

present facts that support the defendant’s version of the events.

14. Depending upon the nature of the offence, the judge may fine or



sentence the offender to prison. He may also suspend a jail senF

tence and place the offender on probation.

15. The offender may obtain an early release by being granted parole

by the state parole board.

5) Finish the sentences by the suitable parts given below:

1. The aim of a criminal justice system of the USA is… …

2. A prosecuting attorney is responsible for… …

3. The prosecutor prepares a complaint which… ...

4. The task of the proceeding at the grand jury stage is… ...

5. The job of the prosecuting attorney is… …

6. The accused may be represented by an attorney whose job is… ...

7. It is the job of the jury(or the judge if there is no jury)…

8. The judge will impose punishment if the accused pleas… …

9. The essence of the American criminal justice system is conF

tained… ...

1. … for a group of citizens to determine if sufficient evidence exist for

them to believe it is probable that a crime has been committed and

that the accused has committed it.

2. … to enforce the laws, to protect individuals and the community

3. … in the Fifth and Fourteenth Amendments.

4. … to decide the question of innocence or guilt.

5. …charging the accused with the violation of specific laws.

6. …guilty or «no contest», or if he is found guilty at the trial.

7. … identifies the accused and specifies the charge or charges against

him.

8. … to present those facts and witnesses which establish the guilt of the

accused beyond a reasonable doubt.

9. … to present facts that support the defendant’s version of the events.

6) Complete the following sentences by translating into English the

words and expressions in brackets:

1. In the United States of America the social order is provided by

(встановленою системою права).

2. A criminal justice system is operated by (встановленням особи,

затриманням, пeреслідуванням, покаранням та засудженF

ням тих, хто порушує закони нації).

Загрузка...

3. After the commission of a crime, the police (розслідує справу,

намагається знайти того, хто вчинив злочин, потім заарешF

товує його).

4. A prosecuting attorney has the right (висунути обвинувачення

проти злочинця, підготувати позoв щодо нього).

5. It is the judge that (вирішує, чи достатньо доказів для того,

щоб бути впевненим, що злочин вчинено).

6. At the grand jury (обвинувачений не має права захищати себе

сам).

7. The purpose of grand jury (виявити, чи існує достатньо докаF

зів, щоб повірити, що обвинувачений дійсно вчинив злочин).

8. A date for repeated trial is set by the judge (якщо обвинувачений

не визнає себе винним).

9. The task of the prosecuting attorney is (пред’явити ті факти та

тих свідків, які допоможуть встановити вину обвинувачеF

ного поза всякими сумнівами).

Unit 29 Criminal law and procedure

170 171

10. It is the job of the jury (вирішувати питання вини чи невиновності).

11. The judge imposes punishment (якщо обвинувачений визнає

себе винним на судовому розгляді).

12. The Fifth Amendment of the American Constitution guarantees

(що жодна людина не може бути позбавлена життя, свободи

чи майна інакше як за законом).

7) Find the best suitable definition of the following words and expres"

sions, given below and translate into Ukrainian:

1. an accused

2. a judge

3. bail

4. a prosecutor

5. an attorney

6. the police

7. a suspected

8. parole

9. an offence

10. a sentence

11. a crime

12. a custody

13. an evidence

1. an amount of money given to the court by the suspect in order

to be released from custody and to guarantee his/ her return for

trial.

2. in which the accused does not dispute the facts but argues that the

facts do not support a criminal charge.

3. judicial examination of a case in a court of law; process or proce"

dure used to ascertain a result.

4. a person against whom a civil or criminal action is brought in a court

of law.

5. to bring an accusation against or lay blame upon, to accuse.

6. subjected to an accusation; a person or persons charged with an of"

fence; a person who commits a crime.

7. an attorney empowered to represent the government in instituting and

conducting criminal prosecution.

8. a person who presents facts that support the defendant’s version of

the events. A person authorized by another to act in his place; one

whose profession is representing clients in lawsuits and advising them

in other legal matters.

9. one who institutes and conducts a legal action, especially criminal

prosecution; a person who presents the charges and evidence against

the accused before a judge.

10. a group of citizens drawn from the community; a body of persons

selected according to law to hear evidence on a matter submitted to

them in a court of law and to render a decision or make a present"

ment according to the law and the evidence.

11. a person before whom the accused is brought for trial; a person in"

vested with authority to decide what is true in a contest or contro"

versy by weighting the evidence fairly.

12. a system in which each side presents evidence before an impartial

judge or jury; a system in which the persons or groups are hostile or

competing.

13. action or practice of allowing a person convicted of a minor or first

offence to go free under close supervision and on the condition that

her or his behaviour be exemplary.

14. criminal activity; violation of law; act forbidden by law; or omission

of a duty prescribed by law, for which the offender is liable to pun"

ishment by the state.

15. period of such conditional release; conditional freedom granted in"

stead of imprisonment.

16. that which is legally presented to a court, as a document or the tes"

timony of a witness for the purpose of proving or disproving an issue

in question, that which makes something evident.

17. official force or department established and empowered usually by

a local government; to prevent and detect crime, enforce the law, and

maintain public order, peace and safety.

18. to give conditional release of a prisoner before the expiration of his

full sentence.

19. one, who is suspected, especially of having committed a crime, a

person with lack confidence in.

20. act of breaking or violating a moral or social code of conduct: act of

breaking the law.

21. judgment by a court or judge setting the punishment of a defendant

after conviction; the punishment itself.

22. state of being kept by or in the charge of officers of the law.

23. officer appointed to supervise a probation.

Unit 29 Criminal law and procedure

14. a witness

15. a defendant

16. a trial

17. a guilt (to plea)

18. to charge

19. to be guilty

20. to put on probation

21. a probation officer

22. to grant parole

23. a prosecuting attorney

24. a grand jury

25. the adversary system

26. a «no contest plea»

172 173

24. answer which the defendant in a criminal or civil action makes to

the charge or allegation against him; state or fact of having done

wrong, especially, of having committed a crime.

25. to be convicted of a crime

26. one who has personally seen or heard something and can therefore

give a first hand account of it; one who testifies in a court of law un"

der oath either orally or by deposition.

Unit 30

Legal Definition of Crime and Criminal

1. Legally a crime is an act made punishable by law. A criminal is

one who has committed such a legally forbidden act. Yet there are

other criteria which determine whether a person may be dealt with as

a criminal.

Regardless of his act, he must be of competent age. Under EnF

glish common law a child under 7 could not commit a crime because

he was held not capable of mens rea – of feeling a sense of guiltF and

so was not responsible. In American states the age of criminal responF

sibility is fixed by statute or constitutionally, considerably above the

common law limit. Very young children may of course be dealt with

in juvenile courts. They may be punished as well as treated construcF

tively under the fiction that the court acts as a parent would act and

in the best interests of the child.

2. Criminal acts must also be voluntary and engaged in without

compulsion. Compulsion as defined by courts must be evident and

immediately related to a particular criminal act. Impulsion towards

a life of crime may help to explain why a child becomes criminal. It

may have extended over a long period of time in the form of influence

of parents, associates or conditions.

3. Especially in the case of serious crimes, the criminal must be shown

to have had criminal intent: he must have meant to do wrong. Usually

criminal intent is tested in terms of his knowledge of right and wrong, and

his knowledge of the nature and consequences of his behaviour. If it can

be shown that a man who killed another did not know that it is wrong to

kill, he will be judged irresponsible, being without mens rea.

4. Criminal law also often recognizes degrees of intent as necesF

sary to constitute particular crimes. Thus to carry a heavy penalty an

assault may have to be shown to have been perpetrated «maliciousF

ly», or a personal injury to have resulted from negligence. Clearly such

degrees of responsibility are extremely difficult to prove since they

require an estimate of the accused’s mental processes and attitudes

at the time of the crime.

5. Finally, to constitute a crime an act must be classed legally as

an injury to the state and not merely as a private injury or tort.

Unit 29

174 175

Crimes

Crimes are generally divided into the subdivisions of felonies and

misdemeanors. The felonies are generally classed as the most serious

and more heinous crimes, indictable and punished by severe penalF

ties. The misdemeanors are lesser violations.

The Constitution of the United States provides that «no person

shall be subject for the same offence to be twice put in jeopardy of life

or limb». This means that no person can be subjected to a second prosF

ecution for a crime for which he has been tried and duly convicted or

acquitted. But a defendant may generally be tried by both a federal

court and state court for the identical offense if statutes of both the

state and the federal government were violated by the specific crime.

An arrest is the taking a person into custody to be held to answer

for a crime and it is made by the actual restraint of the person or by

his submission to custody. A peace officer generally has the right to

make an arrest without a warrant for a crime committed in his presF

ence; when the person arrested has committed a felony although not

in his presence; or when a felony has actually been committed and

there is reasonable cause to believe the person to be arrested has comF

mitted it.

In most jurisdictions a private person has the right to arrest a perF

son without a warrant if the person has attempted or committed a

crime in his presence.

A complaint, or an information as it is sometimes called, is the

allegation made to a judge, magistrate, commissioner, or other proper

official, stating that a person is guilty of some designated crime. If

sufficient facts appear in the complaint tending to establish the comF

mission of a crime, the official to whom it is submitted will issue a

warrant for the arrest of the person charged with it. The warrant must

be directed to an executed by a peace officer. A private person may

not execute a warrant of arrest, although he may be called upon to aid

the peace officer in its execution. In the federal courts either United

States commissioners or federal judges issue warrants of arrest to

United States marshals for execution.

The information or complaint made to the proper official issuF

ing the warrant may be lodged by either a peace office or a private

person. Investigators are often called upon to file complaints in orF

der to obtain warrants.

An indictment is an accusation in writing, presented by a grand

jury to a court, formally charging a person with committing a crime.

The grand jury itself is a body of men varying in number from

twelve to twentyFfour, whose duty is after hearing evidence against a

defendant to decide whether a sufficient case has been made out

against him to warrant holding the accused for trial by an ordinary or

petit jury. A warrant of arrest is issued upon the indictment, and the

defendant is apprehended and held for trial. The investigator who has

testified before the grand jury loses his status as an accuser, and in efF

fect the grand jury becomes the accuser.

Evidence of corpus delicti must always be present in order to efF

fect a legal conviction. Corpus delicti is the body of the offense, the

commission of which must be established before the accused can be

legally convicted. An accused cannot be convicted legally upon his

unsupported confession. A court cannot consider the confession of an

accused as evidence against him unless there be in the record other

evidence, either direct or circumstantial, showing the offense charged

has been committed. In other words, there must be evidence of the

corpus delicti other than confession itself.

Habeas corpus means literally that «You have the body». It is a writ

issued by the court to bring the person seeking the benefit of it before

the courts or judge to determine whether or not he is legally detained.

It is a summary remedy for unlawful restraint of liberty. If an arrested

person is held arbitrarily without hearing, he has the right to apply for

a writ of habeas corpus which compels his jailer or keeper to produce

him before the judge for determination of the legality of the restraint.

There are many presumptions in law, but the most important one

for the investigator is to remember that a defendant in a criminal acF

tion is presumed to be innocent until proved guilty. A defendant in a

criminal action may testify as a witness in his own behalf, but his reF

fusal to take the witness stand and testify does not create any presumpF

tion against him.

The term venue means the locality in which an act is done, or

where a cause of action arises and from which place the jury is picked

to hear the evidence in the trial of the case. Crimes must be tried in

the venue where they were committed, although changes of venue will

be granted from one county to another in the same state if it can be

shown that the defendant cannot receive a fair and impartial trial in

the county where the cause of action arose.

Unit 30 Legal Definition of Crime and Criminal

176 177

Notes

1. criminal responsibility – кримінальна відповідальність

2. mens rea – вина, провина

3. juvenile courts – суди у справах неповнолітніх

4. criminal intent – злочинний намір

5. consequences of the behaviour – наслідки поведінки

6. to carry a penalty – здійснювати покарання

7. corpus delicti – склад злочину

8. habeas corpus – судовий наказ про супроводження особи до

суду

9. the term venue – місце вчинення злочину

Exercises

1) Translate the words and word combinations with the same roots.

1. to punish; punishment; punishable

2. crime; to constitute a crime; a criminal; to commit a crime; a

commission of a crime; criminology; criminality; criminalistics;

criminal responsibility; criminal behaviour; criminal act; crimiF

nal courts; criminal judges; criminal intent; criminal law; crimiF

nal procedure; criminalist

3. to accuse; an accused; an accusation; an accuser

4. to violate; violation; a violator

5. a warrant; to issue a warrant; to execute a warrant; a warrant for

the arrest; to lodge the warrant; to obtain the warrant

6. to convict; a convict; conviction

7. to response; responsibility; to be responsible for; irresponsible

2) Translate given expressions into Ukrainian:

a legally forbidden act; to be of competent age; feeling of sense

of guilt; consequences of the behaviour; to recognize degrees of inF

tent; to carry a heavy penalty; a personal injury; to prove the degrees

of responsibility; the accused’s mental processes; to subject to a secF

ond prosecution; to take a person into custody; to make an arrest; to

make an allegation to a judge; to issue a warrant for the arrest; to esF

tablish the commission of a crime; to be called upon, to make a comF

plaint; to charge a person with committing a crime; evidence of corF

pus delicti; to effect a legal conviction; direct or circumstantial eviF

dence; unlawful restraint of liberty; a writ of habeas corpus; to create

any presumption against somebody; a fair and impartial trial

3)Answer the following questions:

1. What is a crime? What is a criminal? Give the definition.

2. Where is the age of criminal responsibility fixed?

3. How is compulsion defined by courts?

4. What must the criminal have meant in the case of serious crimes?

5. How must an act be classed to constitute a crime?

6. How are crimes generally divided? Give the definition of felony

and misdemeanor.

7. What does the Constitution of the United States provide?

8. Who makes an arrest?

9. Who issues a warrant for the arrest?

10. What is the duty of the grand jury?

11. What must be present in order to effect a legal conviction?

12. In what case does an arrested person have the right to apply for a

writ of habeas corpus?

13. What is the most important presumption of law?

14. Where must crimes be tried?

4) Ask questions to get following answers:

1. A crime is a commission of a wrongful act, punishable by law.

2. A criminal is a person who has committed a legally forbidden act.

3. A criminal must be of competent age.

4. Very young children must be dealt with juvenile courts.

5. Criminal law recognizes degrees of intent as necessary to constiF

tute particular crimes.

6. The felonies are generally classed as most serious crimes.

7. Misdemeanors are lesser violations.

8. The statement of the Constitution of the US means that no perF

son can be subjected to a second prosecution for a crime for which

he has been tried.

9. A private person has the right to arrest a person without a warF

rant if the person has committed a crime in his presence.

10. In the federal courts either United States commissioners or fedF

eral judges issue warrants of arrest to United States marshals for

execution.

11. An indictment is an accusation, formally charging a person with

committing a crime.

12. A defendant in a criminal action may testify as a witness on his

own behalf, but his refusal to testify does not create any presumpF

tion against him.

Unit 30 Legal Definition of Crime and Criminal

178 179

5) Ask your comrades to explain: what does it mean? They may find

their answers in the text.

1. age of criminal responsibility

2. to deal with juvenile courts

3. compulsion as defined by courts

4. why a child becomes criminal

5. to have criminal intent

6. mens rea

7. felonies and misdemeanors

8. an arrest

9. a complaint

10. a warrant

11. an indictment

12. the grand jury

13. evidence of corpus delicti

14. habeas corpus

15. the presumption of innocence

16. the term venue

6) Match the words and expressions from the left and the right col"

umn according to the meaning:

І І

1. mens rea 1. поведінка

2. compulsion 2. недбалість

3. impulsion 3. тяжкий злочин

4. associates 4. незначний злочин

5. behaviour 5. ордер на обшук, на арешт

6. penalty 6. вина, провина

7. assault 7. судовий наказ про

супроводження особи до

суду

8. negligence 8. здійснення вироку

9. responsibility 9. примушувати

10. tort 10. обвинувачення

11. felony 11. обвинувач (свідок

звинувачення)

12. misdemeanor 12. друзі

ll i і

13. allegation 13. місце вчинення злочину

14. execution 14. відповідальність

15. warrant 15. склад злочину

16. indictment 16. спонукання, мотив

17. accuser 17. напад

18. corpus delicti 18. правопорушення

19. habeas corpus 19. заява, обвинувачення

20. term venue 20. покарання

II II

1. legally forbidden act 1. ушкодження особи

2. juvenile courts 2. законне засудження

3. criminal intent 3. презумпція невинуватості

4. personal injury 4. справедливий та

безсторонній судовий

розгляд

5. degree of responsibility 5. дія, заборонена законом

6. identical offence 6. речові докази

7. reasonable cause 7. сумарний засіб судового

захисту

8. peace officer 8. незаконне позбавлення

волі

9. legal conviction 9. обґрунтувати мотив

10. consequence of one’s

behaviour

10. ступінь відповідальності

11. circumstantial evidence 11. кримінальний намір

12. Unsupported confession 12. подібне правопорушення

13. summary remedy 13. посадова особа

14. unlawful restraint of

liberty

14. наслідки поведінки

15. Presumption of

innocence

15. не підтримане визначення

вини

16. fair and impartial trial 16. суди у справах

неповнолітніх

ІІІ ІІІ

1. to commit a crime 1. призначати тяжке

покарання

2. to constitute a crime 2. зробити заяву

Unit 30 Legal Definition of Crime and Criminal

180 181

7) Translate the following sentences, paying attention to the modal

verbs and their equivalents:

1. Very young children may be dealt with only in juvenile courts. And

the young criminal must be of competent age.

2. In the case of serious crimes the criminal must be shown to have

had criminal intent; he must have meant to do wrong.

3. To constitute a crime an act should be classified legally as an inF

jury to the state and not merely as a private injury or tort.

4. No person shall be subject for the same offence, to be twice put

in jeopardy of life and limb.

5. No person can be subjected to a second prosecution for a crime

for which he has been tried.

6. Any defendant may be tried by both a federal court and a state

court for the same offense if laws of both the state and the federal

government were violated by the specific crime

7. If sufficient facts appear in the complaint tending to establish the

commission of a crime the official to whom it is submitted will be

able to issue a warrant for the arrest of the person charged with it.

8. The warrant must be directed to and executed by a peace officer.

9. A private person may not execute a warrant of arrest, although he

may be called upon to aid the peace officer in its execution.

10. Investigators have to file complaints in order to obtain warrants.

11. Crimes must be tried in the venue where they were committed.

12. Evidence of corpus delicti should always be present in order to

effect a legal conviction.

13. The commission of a crime must be established before the accused

can be legally convicted.

14. An accused cannot be convicted legally upon his unsupported

confession.

15. A court cannot consider the confession of an accused as evidence

against him unless there be in the record other evidence, either

direct or circumstantial, showing the offense charged has been

committed.

8) Finish the sentences by the suitable parts given below:

1. A criminal is one … .


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