The system of justice

The system of justice in England and Wales, in both civil and criminal cases, is (as it is in North America) an adversarial system. In criminal cases there is no such thing as an examining magistrate who tries to discover the real truth about what happened. In formal terms it is not the business of any court to find out 'the truth'. Its job is simply to decide 'yes' or 'no' to a particular proposition (in criminal cases, that a certain person is guilty of a certain crime) after it has heard arguments and evidence from both sides (in criminal cases these sides are known as the defence and the prosecution).

There are basically two kinds of court. More than 90% of all cases are dealt with in magistrates' courts. Every town has one of these. In them, a panel of magistrates (usually three) passes judgement. In cases where they have decided somebody is guilty of a crime, they can also impose a punishment. This can be imprisonment for up to a year, or it can be a fine, although if it is a person's 'first offence' and the crime is not serious, they often impose no punishment at all.

Magistrates' courts are another example of the importance of amateurism in British public life. Magistrates, who are also known as Justices of the Peace (JPs), are not trained lawyers. They are just ordinary people of good reputation who have been appointed to the job by a local committee. They do not get a salary or a fee for their work (though they get paid expenses). Inevitably, they tend to come from the wealthier sections of society and, in times past, their preju­dices were very obvious. They were especially harsh, for instance, on people found guilty of poaching (hunting animals on private land), even though these people sometimes had to poach in order to put food on their families' tables. In modern times, however, some care is taken to make sure that JPs are recruited from as broad a section of society as possible.

Even serious criminal cases are first heard in a magistrate's court. However, in these cases, the JPs only need to decide that there is a prima facie case against the accused (in other words, that it is possible that he or she may be guilty). They then refer the case to a higher court. In most cases this will be a crown court, where a professional lawyer acts as the judge and the decision regarding guilt or innocence is taken by a jury. Juries consist of twelve people selected at random from the list of voters. They do not get paid for their services and are obliged to perform this duty. In order for a verdict to be reached, there must be agreement among at least ten of them. If this does not happen, the judge "has to declare a mistrial and the case must start all over again with a different jury. A convicted person may appeal to the Court of Criminal Appeal (generally known just as the Appeal Court) in London either to have the conviction quashed (i.e. the jury's previous verdict is overruled and they are pronounced 'not guilty') or to have the sentence (i.e. punishment) reduced. The highest court of all in Britain is the House of Lords.

The duty of the judge during a trial is to act as the referee while the prosecution and defence put their cases and question witnesses, and to decide what evidence is admissible and what is not (what can or can't be taken into account by the jury). It is also, of course, the judge's job to impose a punishment (known as 'pronouncing sentence') on those found guilty of crimes.

12. Answer the questions:

1. What is an adversarial system of justice?

2. What kinds of court are there in Great Britain?

3. In what way are serious criminal cases dealt with in Great Britain?

4. What happens if there is no agreement among at least ten of the jury about the verdict?

5. What is the duty of the judge during a trial?

13. Find English equivalents in the text:

Гражданские и уголовные дела; выслушивать свидетельские показания обеих сторон; защита; обвинение; назначать на должность; богатые слои общества; предрассудки; браконьерство; королевский (верховный) суд; выбирать наугад; выносить приговор.

14. Explain in English some terms connected with the legal system:

Acquitted; bail; convicted; defendant; on remand; party; plaintiff; verdict; uncondition­ally discharged; conditional discharge; on probation; a fine; com­munity service; to imprison; death penalty; life sentence; to ban from driving; to acquit; corporal punishment; mercy-killing or euthanasia.

15. Match the criminal with the definition:

1. an arsonist a) tries to enforce his political demands by carrying out or threatening acts of violence

2. an assassin b) pretends or claims to be what he is not

3. a deserter c) makes money by dishonest business methods, e.g. by selling worthless goods

4. an embezzler d) steals from his own company

5. a forger e) attacks and robs people especially in public places

6. a fraud (con man) f) sets fire to property

7. a hooligan g) kills for political reasons or reward

8. a mugger h) brings goods into one country from another illegally

9. a poacher i) hunts illegally on somebody else's land

10.a racketeer j) makes false money or documents

11.a smuggler k) a soldier who leaves the armed forces without permission

12.a terrorist 1) causes damage or disturbance in public places

16. Choose the right answer:

1. The spy.....the desk in an attempt to find the secret documents.

a) invaded b) kidnapped c) looted d) ransacked

2. The safe deposit box.....a high-pitched sound when it was moved.

a) ejected b) emitted c) expelled d) excluded

3. He.....his fist and threatened to hit me.

a) clenched b) clutched c) grabbed d) gripped

4. Thieves got away with a.....of jewellery worth thousands of pounds.

a) catch b) haul c) loot d) snatch

5. The burglar's presence was betrayed by a.....floorboard.

a) cracking b) creaking c) crunching d) groaning

6. Smugglers consistently.....import regulations.

a) break b) flaunt c) float d) flout

7. Luckily my wallet was handed in to the police with its contents......

a) contained b) intact c) missing d) preserved

8. The intruder was badly.....by the guard dog in the palace garden.

a) damaged b) eaten c) mauled d) violated

9. When the police examined the house they found that the lock had been ….. with.

a) broken b) hindered c) tampered d) touched

10. The hooligan.....the money out of my hand and ran away.

a) clutched b) gripped c) snatched d) withdrew

17. Here is the story of a very unfortunate, irresponsible man called Mr. N.E. Body. Imagine that he was stopped by the police at each and every point of the drama. Read about what happened and, after each piece of information you receive, decide what punishment he deserves:

1. Mr. Body drank five pints of beer and five single whiskies in a pub, got into his car and drove away.

2. He did not drive dangerously but exceeded the speed limit as he wanted to catch up with a friend who had left his wallet in the pub.

3. As he was driving along, a little girl ran into the road and he knocked her down.

4. There was no way he could have stopped, drunk or sober.

5. The little girl suffered only bruises and superficial injuries.

6. Mr. Body's wife had left him two days before.

7. Six months later, it was clear that the little girl was to suffer from after-effects of the accident and would stutter for many years.

8. Mr. Body had never previously received any summons for traffic offences.

9. The little girl admitted that it was all her fault..

10. The passenger in Mr. Body's car was killed outright as he went through the windscreen.

18. Read and translate Text 4: