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    В некоторых странах смертная казнь считается мерой, без которой невозможно остановить распространение наркотиков, ликвидировать политический терроризм, экономическую кор­рупцию или искоренить супружескую неверность. Однако нет никаких доказательств, что ее применение способно снизить уровень преступности или политического насилия. Смертную казнь часто используют как средство политических репрессий, а смертные приговоры выносятся и приводятся в исполнение произвольно.

    Оправдывая смертную казнь, чаще всего говорят, что она необходима, по крайней мере временно, для блага общества.

    Однако имеет ли государство право лишать человека жизни?

    Смертная казнь — это предумышленное и хладнокровное убийство человека государством. Само существование этой меры наказания является попранием основных прав человека: меж­дународное право запрещает жестокие, негуманные или унижа­ющие человека наказания.

    Многовековой опыт применения высшей меры наказания и научные исследования о взаимосвязи смертной казни и уровня преступности не дали убедительных доказательств, что смерт-







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    Just English. Английский для юристом

    Chapter II. Crime and Punishment

    65


    ная казнь способна эффективно защитить общество от преступности или способствовать правосудию. Ни одна система уголов­ной юстиции не доказала свою способность последовательно и справедливо решать, кто должен жить и кто — умереть. Некото­рым удается избежать смертной казни с помощью квалифици­рованных защитников; другим — потому что их судят мягко­сердечные судьи или присяжные; третьим помогают их полити­ческие связи или положение в обществе.

    Существует определенный процент судебных ошибок, последствия которых особенно трагичны при приведении смертно­го приговора в исполнение.

    TASK 5. Study the following facts and arguments:

    Financial Costs

    The death penalty is not now, nor has it ever been, a more economical alternative to life imprisonment. A murder trial normally takes much longer when the death penalty is at issue than when it is not. Litigation costs — including the time of judges, prosecutors, public defenders, and court reporters, and the high costs of briefs — are all borne by the taxpayer.

    Inevitability of Error

    In 1975, only a year before the Supreme Court affirmed the constitutionality of capital punishment, two African-American men in Florida were released from prison after twelve years awaiting execution for the murder of two white men. Their convictions were the result of coerced confessions, erroneous testimony of an alleged eyewitness, and incompetent defense counsel. Though a white man eventually admitted his guilt, a nine-year legal battle was required before the governor would grant them a pardon. Had their execution not been stayed while the constitutional status of the death penalty was argued in the courts, these two innocent men probably would not be alive today.

    Barbarity

    The latest mode of inflicting the death penalty, enacted into law by nearly two dozen American states, is lethal injection, first used in Texas in 1982. It is easy to overstate the humaneness and efficacy of this method. There is no way of knowing that it is really painless. As the U.S. Court of Appeals observed, there is "substantial and uncontroverted evidence ... that execution by lethal injection

    poses a serious risk of cruel, protracted death.... Even a slight error in dosage or administration can leave a prisoner conscious but paralysed while dying, a sentient witness of his or her own asphyxiation."

    Deterrence

    Gangland killings, air piracy, drive-by shootings, and kidnapping for ransom are among the graver felonies that continue to be committed because some individuals think they are too clever to get caught. Political terrorism is usually committed in the name of an ideology that honors its martyrs; trying to cope with it by threatening terrorists with death penalty is futile.

    TASK 6. The following key notes represent the general ideas of the opponents of capital punishment. Use the arguments and examples from Task 5. Write down the complete text using these key notes and present your text in class:

    1. We shouldn't be blinded by emotional arguments: glorification
      of criminal on screen, etc., irrelevant.

    2. What are the facts? In Britain capital crime has not increased
      since suspension of capital punishment.

    3. This has been proved many times in the past: relaxation of
      harsh laws has never led to increase in crime.

    4. Therefore the 'deterrent' argument is absurd: capital
      punishment has never protected anyone.

    5. Those in favour of capital punishment are motivated only
      by desire for revenge and retaliation.

    6. There has been a marked trend in society towards the
      humane treatment of less fortunate members.

    7. Compare the treatment of the insane in the past with today.

    8. Hanging, electric chairs, garroting, etc., are barbaric practices,
      unworthy of human beings.

    9. Suspension of capital punishment is enlightened and civilised.




    1. Capital punishment creates, it does not solve, problems.

    2. Solution lies elsewhere: society is to blame.

    1. Overcrowding, slums, poverty, broken homes: these are the
      factors that lead to crime.

    2. Crime can only be drastically reduced by the elimination
      of social injustices — not by creating so-called 'deterrents'
      when the real problems remain unsolved.

    .

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    Just English. Английский для юристов


    DEBATE

    There is no room for capital punishment in a civilised society.

    Use the information and the vocabulary from the Unit to argue the statement above.

    Chapter HI LAW ENFORCEMENT




    Chapter III. Law Enforcement



    Just English. Английский для юристов

    68

    UNIT 1. THE HISTORY OF POLICE FORCES

    BRAINSTORM

    The word POLICE means, generally, the arrangements made in all civilised countries to ensure that the inhabitants keep the peace and obey the law. The word also denotes the force of peace officers (or police) employed for this purpose.

    Which of the following actions can be performed by a POLICE OFFICER? Sort out the odd words. Explain your choice.

    to apprehend

    to defend in court

    to convict

    to detain

    to imprison

    to investigate

    to lock up

    to safeguard

    to plead guilty

    to search

    to seize

    to sentence

    to take into custody

    TASK 1. Read the text and translate the sentences given in bold type in writing:

    From the History of Police Forces

    Police is the agency of a community or government that is responsible for maintaining public order and preventing and detecting crime. The basic police mission — preserving order by enforcing rules of conduct or laws — was the same in ancient societies as it is in the contemporary sophisticated urban environments.

    The conception of the police force as a protective and law enforcement organisation developed from the use of military bodies as guardians of the peace, such as the Praetorian Guard — bodyguard of the ancient Roman emperors. The Romans achieved a high level of law enforcement, which remained in effect until the decline of the empire and the onset of the Middle Ages.

    During the Middle Ages, policing authority was the responsibility of local nobles on their individual estates. Each noble

    69

    generally appointed an official, known as a constable, to carry out the law. The constable's duties included keeping the peace and arresting and guarding criminals. For many decades constables were unpaid citizens who took turns at the job, which became increasingly burdensome and unpopular. By the mid-16th century, wealthy citizens often resorted to paying deputies to assume their turns as constables; as this practice became widespread, the quality of the constables declined drastically.

    Police forces developed throughout the centuries, taking various forms. In France during the 17th century King Louis XIV maintained a small central police organisation consisting of some 40 inspectors who, with the help of numerous paid informants, .supplied the government with details about the conduct of private individuals. The king could then exercise the kind of justice he saw fit. This system continued during the reigns of Louis XV and Louis XVI. After the French Revolution, two separate police bodies were set up, one to handle ordinary duties and the other to deal with political crimes.

    In 1663 the city of London began paying watchmen (generally old men who were unable to find other work) to guard the streets at night. Until the end of the 18th century, the watchmen — as inefficient as they were — along with a few-constables, remained the only form of policing in the city.

    The inability of watchmen and constables to curb lawlessness, particularly in London, led to a demand for a more effective force to deal with criminals and to protect the population. After much deliberation in Parliament, the British statesman Sir Robert Peel in 1829 established the London Metropolitan Police, which became the world's first modern organised police force.

    The force was guided by the concept of crime prevention as a primary police objective; it also embodied the belief that such a force should depend on the consent and cooperation of the public, and the idea that police constables were to be civil and courteous to the people. The Metropolitan Police force was well organised and disciplined and, after an initial period of public skepticism, became the model for other police forces in Great Britain. Several years later the Royal Irish Constabulary was formed, and Australia, India, and Canada soon established similar organizations. Other countries followed, impressed by the success of the plan, until nations throughout the world had adopted police systems based on the British model. The development of the British police system is especially significant because the pattern

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    Just English. Английский для юристов

    Chapter III. Law Enforcement

    71


    that emerged had great influence on the style of policing in almost all industrial societies.

    In the U.S., the first full-time organised police departments were formed in New York City in 1845 and shortly thereafter in Boston, not only in response to crime but also to control unrest. The American police adopted many British methods, but at times they became involved in local politics. The British police, on the other hand, have traditionally depended on loyalty to the law, rather than to elected public officials, as the source of their authority and independence.

    TASK 2. Answer the following questions:

    1. What is the basic police mission?

    2. How did the police force as law enforcement organization
      arise and develop?

    3. Why did the quality of the constables in England decline?

    4. How were policing functions performed in France?

    5. What was the form of policing London in the 17th century?

    6. Why was there a need for a more effective force to deal
      with criminals in England?

    7. What factors brought about the establishment of the
      Metropolitan Police Force?

    8. What principles were the British police guided by?

    9. Why did the Metropolitan Police Force become the model
      for other police forces in Britain and abroad?

    10. Why is the development of the British police system
    especially significant?

    TASK 3. Find in the text above the English equivalents for the following words and expressions:


    1. раскрывать преступления

    2. сдерживать рост
      преступности




    1. следить за соблюдением
      законов

    2. постоянно действующая
      организация

    3. полицейские структуры

    4. обеспечение правопорядка

    5. блюститель порядка



    1. дебаты в парламенте

    2. обеспечивать соблюдение
      правил поведения

    3. основная задача
      полиции (2)

    4. оставаться в силе

    5. платный осведомитель

    6. нести полицейскую службу

    7. предупреждение
      преступности

    TASK 4. Find in the texts above the expressions containing the words 'law' and 'order'. Continue the following lists. Add more expressions using a dictionary:

    to maintain public order

    to enforce laws

    UNIT 2. THE ORGANISATION OF POLICE FORCES

    The British Police

    The British police officer is a well-known figure to anyone who has visited Britain or who has seen British films. Policeme^ are to be seen in towns and cities keeping law and order, either walking in pairs down the streets ("walking the beat") or driving specially marked police cars. Once known as 'panda cars' because of their distinctive markings, these are now often jokingly referred to as 'jam sandwiches' because of the pink fluorescent stripe running horizontally around the bodywork. In the past, policemen were often known as 'bobbies' after Sir Robert Peel, the founder of the police force. Nowadays, common nicknames include 'the cops', 'the fuzz', 'the pigs', and 'the Old Bill' (particularly in London). Few people realise, however, that the police in Britain are organised very differently from many other countries.

    Most countries, for example, have a national police force which is controlled by central Government. Britain has no national police force, although police policy is governed by the central Government's Home Office. Instead, there is a separate police force for each of 52 areas into which the country is divided. Each has a police authority — a committee of local county councillors and magistrates.

    The forces co-operate with each other, but it is unusual for members of one force to operate in another's area unless they are asked to give assistance. This sometimes happens when there has been a very serious crime. A Chief Constable (the most senior police officer of a force) may sometimes ask for the assistance of London's police force, based at New Scotland Yard — known simply as 'the Yard'.

    In most countries the police carry guns. In Britain, however, this is extremely unusual. Policemen do not, as a rule, carry firearms in their day-to-day work, though certain specialist units

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    Just English. Английский для юристов

    Chapter III. Law Enforcement

    73


    are trained to do so and can be called upon to help the regular police force in situations where firearms are involved, e.g. terrorist incidents, armed robberies etc. The only policemen who routinely carry weapons are those assigned to guard politicians and diplomats, or special officers who patrol airports.

    In certain circumstances specially trained police officers can be armed, but only with the signed permission of a magistrate.

    All members of the police must have gained a certain level of academic qualifications at school and undergone a period of intensive training. Like in the army, there are a number of ranks: after the Chief Constable comes the Assistant Chief Constable, Chief Superintendent, Chief Inspector, Inspector, Sergeant and Constable. Women make up about 10 per cent of the police force. The police are helped by a number of Special Constables — members of the public who work for the police voluntarily for a few hours a week.

    Each police force has its own Criminal Investigation Department (CID). Members of CIDs are detectives, and they do not wear uniforms. (The other uniformed people you see in British towns are traffic wardens. Their job is to make sure that drivers obey the parking regulations. They have no other powers — it is the police who are responsible for controlling offences like speeding, careless driving and drunken driving.)

    The duties of the police are varied, ranging from assisting at accidents to safeguarding public order and dealing with lost property. One of their main functions is, of course, apprehending criminals and would-be criminals.

    TASK 1. Answer the following questions: >

    1. Who was the founder of the British police?

    2. What does "walking the beat" mean?

    3. Why are British police cars called 'jamsandwich' cars in
      colloquial speech?

    4. Is there a single police force, organised by central
      government?

    5. What is the major difference in police organisation between
      Britain and some other countries?

    6. When do British police forces co-operate with each other?

    7. What is the name of London's police headquarters?

    8. In what situations can policemen carry arms?

    9. What are the ranks of policemen?




    1. What is the job of CID officers?

    2. What are the duties of traffic wardens?

    TASK 2. Read the text and fill in the gaps with the appropriate words and expressions from the previous text:

    For

    In Britain different areas have different

    instance, the Metropolitan police operate in London, but there are different police forces in the counties outside London.

    The top man in each police force is . He is

    appointed by the local Watch Committee which is a

    of the local government. The Watch Committee can dismiss him,
    too, if the central government agrees. The Chief Constable
    appoints all the below him in his force.

    Things are slightly different in London. The top man is known as the Metropolitan Police Commissioner and his appointment is arranged through the central government.

    British police are normally not . In special cases,

    when their work becomes dangerous, they can be given
    however.

    As is well known, the of the British policeman

    is blue, with a tall helmet. These days, though, you can see a different uniform in the streets. This is the uniform with the

    yellow hatband worn by . Their job is simply to control

    traffic and .

    The most famous name connected with the British police is It is the headquarters of the London police force.

    Besides dealing with local police matters, the London police also help all over England and Wales with difficult crimes. They do this at the request of the local police.

    TASK 3. Render the following text into English using the information and vocabulary from the texts above:

    В Великобритании существует 52 полицейских подразде­ления: 43 в Англии и Уэльсе, 8 в Шотландии и 1 в Северной Ирландии. Столичная полиция и Полиция лондонского Сити отвечают за охрану общественного порядка в Лондоне. Кроме того, специальное подразделение транспортной полиции пат­рулирует железнодорожную сеть, а также метро Лондона.

    Полицейская служба финансируется центральным прави­тельством и местными властями. Каждое полицейское подраз­деление имеет своих специальных констеблей-добровольцев, которые работают в полиции в свободное время и помогают кадровым офицерам полиции, причем их работа не оплачива­ется. Они являются своеобразным связующим звеном между полицией и населением.
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