What is criminal procedure

Criminal procedure*, also called the criminal process or the criminal justice system, is the mechanism through which crimes are investigated*, the guilt of criminals adjudicated*, and punishment imposed*. It includes the police, prosecutors*, defense attorneys*, and courts, the practices and procedures observed by them, and legal rules that govern them. In the criminal process an individual is pitted* against the government, with all of its resources and authority, and only through the criminal process can the state's most serious sanctions — imprisonment or even death -be applied.

Criminal law defines what conduct is criminal and prescribes the punishment for criminal conduct*. Criminal procedure makes the criminal law work; the sanctions denned by criminal law are only effective because the criminal process can bring the sanctions to bear on* individuals who violate the law*. At the same time, criminal procedure aims to make sure that criminal sanctions are applied only to those who are guilty, arid only through procedures that are recognized as fair. One goal of the criminal process is to punish the guilty, but other goals are to protect the innocent and to ensure that even the guilty are protected from abuse* by the government.

Although we talk about "the" criminal process, different systems are in place in each state and in the federal courts.

Notes

criminal procedure, process — уголовный процесс investigate a crime — расследовать преступление adjudicate - выносить судебное решение impose punishment — налагать наказание prosecutor — прокурор, обвинитель defense attorney — адвокат, защитник is pitted against — зд. противостоит criminal conduct — преступное поведение bear on — зд. накладываются violate the law — нарушать закон abuse — злоупотребление

CRIMINAL PROCEDURE

One way of protecting the suspected criminal* is by dividing the stages in criminal procedure between different bodies. One can separate the functions of investigating*, prosecuting*, trying*, deciding guilt*, sentencing* and carrying out the sentence*. Six or seven different bodies can each be given one of these jobs.

For example, the police can be in charge* of investigating the crime; a prosecution service of prosecuting; the judges of presiding over the trial*; a jury of deciding whether to convict*; an appeal court of settling whether the trial was fair; a prison service of carrying out the sentence if the suspect is convicted and sentenced to prison.

The judge who presides over the trial usually sentences the suspect if he is convicted, but even that is not inevitable. Sentencing can be entrusted to a special board. Or a judge can be put in charge of the investigation and a different judge chosen to try the case if the first judge finds there is enough evidence to justify a trial.

All these procedural devices remind us of the separation of powers. The idea is that no one authority (police, prosecution, judge, jury, prison service) should have too much power. State powers should be sliced up*, and the slices should be able to keep a check* on one another. The police will not be able to prosecute unless they can persuade the prosecution service that there is a strong case. The judge will if necessary rule* at the trial that the prosecution has not produced enough evidence*. If the jury think the judge has shown bias* during the trial they will probably acquit the suspect* even though they might otherwise have convicted him. If the suspect is convicted but thinks the procedure has been unfair he can able to persuade the government to advise the head of state to pardon him or reduce the sentence*.

Notes

suspected criminal — подозреваемый преступник

investigate — расследовать

prosecute — обвинять (в суде),

try — рассматривать дело, судить

decide guilt — выявлять степень виновности

sentence — приговаривать

сапу out the sentence - приводить в исполнение приговор

be in charge — отвечать за

preside over a trial — вести судебное заседание

convict — объявлять виновным (в вердикте присяжных)

be sliced up - зд. быть разделенными

keep a check - держать под контролем, проверять

rule — постановлять

evidence — свидетельство

bias — пристрастие, необъективность

acquit the suspect — оправдать подозреваемого

reduce the sentence - уменьшить срок наказания

THE JURY

The jury differs from the other bodies concerned with criminal procedure. All the others are branches of the state. They all represent public authority and are paid from public funds. The jury, however, is chosen from and represents private citizens.

In most common law countries* serious crimes are tried by judge and jury. The number of members of the jury varies but twelve is common. The judge explains to the jury the law to be applied*, for instance what amounts to murder. The jury decide whether the suspect* did what he is said to have done (say, shot somebody dead) and, if so, whether in the light of the law set out by the judge, he is guilty of murder*. A jury decides either unanimously* or by a majority, depending on the country where the trial takes place. It gives no reasons for its decision.

Many people think that trial by the jury helps to redress the balance* between the state and the suspect. If a case is tried by jury the state has to persuade* all or the majority of a group of ordinary citizens that the suspect is guilty, not merely one or a few judges. Juries are on the whole fair in deciding the case according to the law explained to them by the judge. But they occasionally acquit* someone, even if they think that he committed the crime*, because they consider that it was unfair to charge him with it*.

Notes

common law countries — страны общего права the law to be applied — применимый закон suspect — подозреваемый

be guilty of murder — быть виновным в совершении убийства unanimously — единогласно redress the balance — восстановить равновесие persuade — убеждать acquit smb — оправдать кого-л. commit a crime — совершать преступление charge smb with a crime — обвинить кого-л. в совершении

преступления