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1. In order to practice as a lawyer it is not enough to get a university degree in law; professional exams are to be passed, too.
2. After passing professional examinations a young lawyer is to get a 2-year practical experience.
3. Lawyers’ salaries are generally much higher than those of many other professions.
4. American lawyers are diverse in their specialties, incomes, status and clients.
5. Professional lawyers are controlled by bar associations, state courts and academic law schools.
6. Law schools must be approved by the American National Bar Association (ABA).
7. Law students at private law schools must pay high tuition fees.
8. Before going to a law school, American students must graduate from a university or college with a Bachelor’s degree in law.
9. ABA members are practicing lawyers, judges, court administrators, law teachers and law students.
10. The American Bar Association is the largest voluntary professional organization in the world.
11. In Great Britain barristers specialize in presenting cases in court.
12. Solicitors advise clients on legal and financial matters and prepare law documents.
13. The lowest courts in Great Britain and the USA are Magistrates’, or police, courts.
14. The judicial system could not work without Magistrates’ courts because about 95 percent o criminal cases are decided there.
15. Lawyers, judges, policemen, members of the Armed forces, medical practitioners as well as Members of Parliament cannot act as jurors.
16. The jury is to pass the verdict «Guilty» or «Not guilty».
III. Составьте аннотацию прочитанных текстов по теме «The Legal Professions», следуя общепринятым правилам и используя соответствующие речевые образцы (см. прил. 2).
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III. Crimes and Criminals in Modern Society
(Преступность в современном обществе)
1. Crimes and Criminal Law
The criminal law is a portion of law which controls the behavior of citizens as members of the community and protects the community from the wrongful and harmful acts of individuals. The basic doctrine of criminal law is that a person is presumed innocent until he is proved guilty. A crime may be defined as an act which is forbidden by law. If such an act is committed and the suspected person is caught, tried and convicted, then his punishment is determined by the law which he has violated.
Punishments are dependent upon the gravity of the crime. A capital offense is a crime which is punished by the death sentence. For other crimes the punishment may be imprisonment in a state prison, in a county or city jail. The severity of punishment is also dependent upon the criminal record of the defendant.
A «felony» is generally defined as a crime which is punishable by death or confinement in a state prison. «Misdemeanors» are all other crimes; the punishment for misdemeanors is less severe because the crime itself is less serious in nature. The third category of criminal or antisocial behavior is called an «offense». It is not considered a crime; it is usually a violation of local law, rules of accepted public conduct and behavior.
For example, an assault with a weapon is a felony; a simple assault without a weapon would be considered a misdemeanor. Disorderly conduct, vagrancy, or public intoxication are considered offenses and would call for a short sentence in a jail or a fine.
(M. P. Roth «Crime and Punishment.
A History of the Criminal Justice System»)
2.What Is a Crime?
The legal term «crime» is very wide. It can describe minor violations of the road traffic, on the one hand, and murder – on the other. It is not always easy to distinguish crime from civil wrongs.
Traditionally, lawyers have divided crimes into three classes: treasons, felonies and misdemeanors. Crimes in America are so many and varied that the police try to count only those crimes defined as serious. Nevertheless, millions of minor crimes, such as thefts and larcenies, are unreported and not counted each year.
Of all types of serious crimes, seven are chosen for the most comprehensive statistical reporting. They include the most serious crimes and indicate general crime trends. Such crimes are called «Index crimes». They are murder, rape, assault, robbery, burglary, larceny, and car theft. The most serious violent crimes are murder, rape, aggravated assault, and robbery.
Violent crimes are widely covered in mass media, while many other crimes, particularly white-collar crimes, are virtually ignored. Reporting of this kind of crime can spoil the reputation of a businessman, and to have a good reputation is very important for business people.
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Of all serious crimes political ones occupy a special place. One of the most typical political crimes is assassination of famous public leaders. The killings of American Presidents Abraham Lincoln, William McKinley, John F. Kennedy are notorious examples of political assassinations. Other criminal methods of political struggle are assaults, robberies, kidnappings, spying on political opponents.
(S. T. Reid «Criminal Justice»)
3. Treatment of Offenders
The British government believes that custody, or imprisonment, is a sanction that should be used only when the public needs to be protected from a dangerous offender. In England and Wales there is a mandatory sentence of life imprisonment for murder; this is also the maximum penalty for a number of serious offences such as robbery, rape, arson and manslaughter. The death penalty was abolished in 1965.
Non-custodial punishments include fines, compensation to the victim, probation, community services, suspended prison sentences, and conditional discharge. There are also new forms of non-custodial treatment: residence at a specialized hostel, house arrest, prescribed activities at a day centre, electronic tracking of the offender’s whereabouts.
The most common sentence is a fine which is imposed in more than 80 percent of cases; the maximum fine is ₤2,000. At present in the United Kingdom the number of offenders on probation is much more than those in custody. The purpose of probation is to rehabilitate the offender who continues to live a normal life in the community under the supervision of a probation officer. Probation may last from 6 months to 3 years.
In England, Wales and Northern Ireland a court is free to pass a suspended sentence of not more than 2 years. The sentence for a serious offence will not be served unless the offender is convicted of a further offence punishable with imprisonment.
(M. P. Roth «Crime and Punishment.
A History of the Criminal Justice System»)
4. Capital Punishment: For and Against
In many countries capital punishment (death) is carried out by hanging (Kenya); electrocution, gassing or lethal injection (the USA); beheading (Saudi Arabia); shooting (China). Although most countries still have death penalty,
35 countries (including almost every European nation) have abolished it;
18 countries use it only for exceptional crimes such as wartime offences; and
27 no longer carry out executions even when a death sentence has been passed. The United Nations Organization has declared itself in favor of abolition of the death punishment.
Supporters of capital punishment believe that death is a just punishment for certain serious crimes. Many people also believe that it deters others from committing similar crimes.
Opponents say that execution is cruel and uncivilized, because capital punishment involves not only the pain of dying but also the mental anguish of waiting, sometimes for years, to know when the sentence will be carried out. The cost of a single capital case in the USA, from arrest to execution, is 3 to 10 times more expensive than a non-death penalty, even if a sentence is life imprisonment without parole. Moreover, innocent people are sometimes executed.
The debate about capital punishment continues. There are many questions to be answered. Can innocent people be executed if a judicial mistake has been made? How old should a defendant be in order to be sentenced to death? Is it moral to keep people sentenced to death waiting for the execution to take place (the phenomenon of the death row)? And finally, what is the aim of punishment – revenge or rehabilitation of offenders?
(L. Powell «Law Today»)
5. Capital Punishment in the USA
In 1999 3,555 men and women sat on death row across the United States. Although most Americans continue to support the death penalty, only about 12 percent of death row inmates are actually executed. Between 1976 and 2000 there were 546 executions. 12 states do not use the death penalty and some other states have imposed moratoriums on its use, for example Illinois and Maryland. Lethal injection is the most often used form of execution.
America is the only country in the world that uses the electric chair and the gas chamber for executions. Utah, Oklahoma, and Idaho still use firing squads, and Delaware, Washington and New Hampshire sometimes use hangings.
In early 2002 it was found out that support for the death penalty decreased from 64 to 48 percent when there was an option of life imprisonment without parole.
(S. T. Reid «Criminal Justice»)
6. Children in Trouble
The age of criminal responsibility in England and Wales is 10 years and it is not possible to bring criminal proceedings against children below this age. Children between the ages of 10 and 17 may be brought before a court, usually a juvenile court. In criminal proceedings the courts may order payment of compensation, or impose a fine or grant a conditional discharge.
Payments of fines or compensations are normally the responsibility of the parents or guardians. Offenders, both boys and girls, may be ordered to spend a certain number of hours at an attendance centre. These centres provide psychological assistance, physical education, and practical instruction. Offenders aged 16 and more may be ordered to perform up to 120 hours of community service.
(R. M. Regoli, J. D. Hewitt «Delinquency in Society»)
7. Youth, Violence and Gang Activities
What is a gang? A strict definition of a gang is difficult. But certain characteristic features are the following:
– being an organized group with a recognized leader;
– remaining together during peaceful times as well as during conflicts;
– showing unity in an obvious way;
– conducting criminal activities against another group or community.
Crime and violence have always been part of society in the United States. Violence is commonplace in the American home. By the time a child is 10 years old he will have seen 8,000 murders on TV. Children are exposed to sex, violence, alcohol and other drugs at an early age. These dangers are a great health risk for all young people. Violence has become a form of behavior leading to fights, school shootings and other forms of aggression among children and young people.
Children often get involved in gangs at an early age. Law enforcement officers find children of ages 8 to 10 who have committed street crimes, especially drug-related crimes. Older gang members may be arrested for drug possession, so they recruit juveniles and children for the job of selling drugs.
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In dealing with juveniles, crime authorities must shift away from punishment to prevention – place youngsters in detention centers, drug-rehabilitation and mental healthfacilities. Young people should be given expanded education, psychological counseling, and other assistance in their own communities.
(M. P. Roth «Crime and Punishment.
A History of the Criminal Justice System»)
Задания
I. Ответьте на вопросы по содержанию прочитанных текстов.
1. What is the basic doctrine of the criminal law?
2. What is the most general definition of crime?
3. The punishment for a committed crime is dependent on the gravity of the crime, isn’t it?
4. Is there any difference between a felony and a misdemeanor?
5. What are the traditional three classes of crimes, according to Text 2?
6. How many crimes are called «Index crimes»? What are they?
7. What does Text 2 say about violent crimes in America?
8. Why are white-collar crimes not widely covered in mass media?
9. What types of political crimes does Text 2 mention?
10. Which of the American presidents were assassinated?
11. What is the attitude of the British government to custody, or imprisonment?
12. What non-custodial punishments are used in Great Britain?
13. Death punishment is abolished in all the countries, isn’t it?
14. What is the United Nations’ attitude to death punishment?
15. How do supporters and opponents of the death punishment explain their positions?
16. What does statistics say about the cost of the death punishment in the USA?
17. Innocent people are sometimes executed, aren’t they?
18. What facts and figure does Text 5 give about the death punishment in the USA?
19. Is the age of criminal responsibility 10 or 16 years of age in Great Britain?
20. Have you found any interesting facts in Text 7 about the relationships between crime and violence in America?
21. Do you agree with the author of Text 7 that authorities should put more emphasis on rehabilitation rather than on punishment when dealing with juvenile offenders?
