UNIT 3 . US ANS UK JUDICIAL SYSTEMS. LEGAL ISSUES

VOCABULARY LIST 3. The Judicial Systems of the USA and the UK. Legal Issues.

-In the most economically developed countries nevertheless one can observe the increase of the criminal rate. What are the main reasons for this in your opinion?

-What are the most typical crimes for the big industrial cities? What are the crimes often reported in Mass Media?

- What is the difference between felony and misdemeanor? What do you consider to be a minor offence or petty crime? Why?

- What crimes bring moral damages to people? Speak on the ones connected with private life.

The laws of the United States are a complex tapestry weaving through history, sometimes vague, sometimes specific and often confusing. It's up to the federal judicial system to sort through this web of legislation and decide what is constitutional and what is not.

The Supreme Court has dispatched some of the most important cases in U.S. history. The case of Marbury v. Madison in 1803 established the concept of judicial review, defining the powers of the Supreme Court itself and setting the precedent for the court to declare acts of Congress unconstitutional.

Dred Scott v. Sanford in 1857 determined that African Americans were not considered citizens and thus were not entitled to the protections afforded to most Americans, though this was later overturned by the 14th Amendment to the Constitution.

The decision in the 1954 case of Brown v. Board of Education abolished racial segregation in public schools. This overturned an 1896 Supreme Court decision, Plessy v. Ferguson, which formalized the long-held practice known as "separate but equal."

Miranda v. Arizona in 1966 required that upon arrest, all suspects must be advised of their rights, particularly the right to remain silent and to consult with an attorney before talking to police. The 1973 Roe v. Wade decision, establishing a woman's right to an abortion, has proven one of the most divisive and controversial decisions, one whose reverberations are still felt.

The Supreme Court
At the top of the pyramid is the United States Supreme Court, the highest court in the land and the final stop for any case that has not been settled by a lower court decision. Supreme Court justices-eight associates and one chief justice-are appointed by the president of the United States and confirmed by the U.S. Senate. Justices serve for life or until they choose to step down.

The Supreme Court hears a select number of cases that may have originated either in lower federal courts or in state courts. These cases generally hinge on a question of constitutional or federal law. By tradition, the Court's annual term begins the first Monday in October and ends when its docket of cases is finished.

Beneath the Supreme Court are the U.S. Courts of Appeals. There are 94 judicial districts divided into 12 regional circuits, and each circuit has a court of appeals. These courts hear appeals from within their respective districts as well as from federal administrative agencies. The circuit courts also hear appeals in specialized cases such as those involving patent or trademark laws; those decided by the U.S. Court of International Trade, which hears cases involving international trade and customs issues; and those decided by the U.S. Court of Federal Claims, which hears cases involving monetary claims against the United States, disputes over federal contracts, federal claims of eminent domain and other claims against the nation as an entity.

District courts are the trial courts of the U.S. judiciary. Here, unlike in the higher courts, there may be juries who hear cases and render verdicts. These courts hear both civil and criminal cases.

The Court of Military Appeals hears appeals of military court-martial (when a person who is in the military commits a crime they can be tried and punished by the military courts.)

1) Федеральная судебная система, на основании системы законов США, определяет какие действия являются конституционными, а какие нет. 2) В 1803 году, в ходе рассмотрения одного из дел, возникло понятие судебного надзора и Верховный Суд США получил полномочия объявлять акты Конгресса неконституционными. 3) В 1853 году суд постановил, что афроамериканцы не являются гражданами США, и, следовательно, не имеют права на защиту в суде, предоставляемую большинству американцев. 4) На этом основании позже была отменена 14 поправка к Конституции. 5) В 1954 году решением суда была отменена расовая сегрегация в государственных средних школах США. 6) При задержании подозреваемому должны быть зачитаны его права. 7) Подозреваемый имеет право хранить молчания вплоть до встречи с адвокатом. 8) Верховный суд –это последняя инстанция для любого дела, которое не было разрешено в судах нижестоящих инстанций. 9)Верховный суд состоит из главного судьи и 8 судебных заседателей, которые назначаются Президентом США и чьи кандидатуры подтверждаются Сенатом. 10) Судья сам решает, когда ему следует прекратить свою деятельность. 11)Дела, которые рассматривает Верховный суд тесно связаны с конституционным и федеральным законом.12)Работа Верховного Суда традиционно начинается в первый понедельник октября и прекращается, когда заканчивается список дел к слушанию.13) Для отправления правосудия территория США поделена на 12 федеральных округов, которые в свою очередь подразделяются на 94 судебных округа.14) Внешнеторговый суд слушает дела по вопросам международной торговли и разрешает таможенные споры.

Actually, there are three legal systems in The United Kingdom. English law, which applies in England and Wales, and Northern Ireland law, which applies in Northern Ireland. These legal systems are based on common-law principles. Scots law, which applies in Scotland, and thus the Scottish legal system is based on civil-law principles, with common law elements.

Common law was developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive action. In common law, the court is bound to follow the reasoning used in the prior decision if a similar dispute or precedent has been resolved in the past.

In civil law laws are codified, and not determined by judges. The principle of civil law is to provide all citizens with an accessible and written collection of the laws which apply to them and which judges must follow.

Since October 2009 the Supreme Court of the United Kingdom is the highest court in the land for all criminal and civil cases in England and Wales and Northern Ireland.

In England and Wales, the court system is headed by the Supreme Court of England and Wales, consisting of the Court of Appeal, the High Court of Justice (for civil cases) and the Crown Court (for criminal cases). The Courts of Northern Ireland follow the same pattern.

In Scotland the chief courts are the Court of Session [1], for civil cases, and the High Court of Justiciary [2], for criminal cases. Sheriff courts have no equivalent outside Scotland as these Courts deal both with criminal and civil caseloads.

The Judicial Committee of the Privy Council [3] is the highest court of appeal for several independent Commonwealth countries, the British overseas territories, and the British Crown dependencies. It also hears cases concerning questions relating to the powers and functions of the devolved legislatures. The 'devolution' function will be transferred to the new Supreme Court.

There are also immigration courts with UK- wide jurisdiction — the Asylum and Immigration Tribunal [4]and Special Immigration Appeals Commission. The former was constituted in the United Kingdom with jurisdiction to hear appeals from many immigration and asylum decisions. It was created on 4 April 2005, replacing the former Immigration Appellate Authority. The Employment tribunals [5] and the Employment Appeal Tribunal have statutory jurisdiction to hear many kinds of disputes between employers and employees. The most common disputes are concerned with unfair dismissal, redundancy payments and employment discrimination.

Civil cases at first instance are heard in the County Courts (for minor claims) or the High Court, which is divided into three divisions: Queen's Bench [6], Family and Chancery. Cases may be appealed to the Court of Appeal (Civil Division). Cases may be appealed from the County Court to the High Court.

The work of the Queen's Bench Division consists mainly of claims for: damages in respect of personal injury, negligence, breach of contract, libel and slander non-payment of a debt etc.

The House of Lords used to be the supreme court of appeal. Its judicial functions are quite separate from its legislative work, and cases are heard by up to 13 senior judges known as the Lords of Appeal in Ordinary [7], or Law Lords. It shares its function as the supreme appellate court with.

However the Constitutional Reform Act 2005 provides for the establishment of a Supreme Court to replace the judicial function of the House of Lords with an independent appointments system, thereby making a constitutional separation between the legislature and the judiciary.

Criminal cases are heard at first instance in the Magistrates' Courts, with more serious ones being hears in the Crown Court. Appeals are heard in the Court of Appeal Criminal Division.

Divide into three teams and write three CRIME NEWS items. Three items for each teams. Choose an “editorial board” which will have to select the best items for today’s issue.

- What should be the main functions of police?Do you think that local police function properly?

- What could have been done to let them work more efficiently? Why do people often criticise their work? Is this criticism always fair?

In the colonial period of the USA history, policing was provided by elected sherriffs and local militias. So the history of US Police can be traced since 1626, when the New York City Sheriff's Office was founded. In this period there were also founded some other Sheriff's offices.

In 1789 the US Marshals Service was established, followed by other federal services such as the US Parks Police and US Mint Police (both in 1791).

The first city police services were established in Boston in 1838, New York in 1844, and Philadelphia in 1854.

The US Secret Service was founded in 1865 and was for some time it was the main investigative body for the federal government.

After the civil war, policing became more para-military in character, with the increased use of uniforms and military ranks. Prior to this, sherriff's offices had been non-uniformed organizations without a para-military hierarchy.

In the American Old West, policing was often very poor quality. The Army often provided some policing alongside poorly resourced sheriffs and temporarily organised posses. Public organizations were supplemented by private contractors, notably the Pinkerton National Detective Agency, which was hired by individuals, businessmen, local governments and the federal government. At its height, the Pinkerton Agency's numbers exceeded those of the standing army of the United States.

The Pinkerton National Detective Agency, usually shortened to the Pinkertons, was a private U.S. security guard and detective agency established by Allan Pinkerton in 1850. Pinkerton had become famous when he foiled a plot to assassinate president-elect Abraham Lincoln, who later hired Pinkerton agents for his personal security during the Civil War. Pinkerton's agents performed services ranging from security guarding to private military contracting work. At its height, the Pinkerton National Detective Agency employed more agents than there were members of the standing army of the United States of America, causing the state of Ohio to outlaw the agency due to fears it could be hired out as a private army or militia.

During the labor unrest of the late 19th century, businessmen hired Pinkerton agents to infiltrate unions, and as guards to keep strikers and suspected unionists out of factories. The most well known such confrontation was the Homestead Strike of 1892, in which Pinkerton agents were called in to enforce the strikebreaking measures. The ensuing conflicts between Pinkerton agents and striking workers led to several deaths on both sides. The Pinkertons were also used as guards in coal, iron, and lumber disputes in Illinois, Michigan, New York, and Pennsylvania, as well as the railroad strikes of 1887.

The company now operates as Pinkerton Consulting and Investigations, a division of the Swedish security company Securitas AB, although its government division is still known as Pinkerton Government Services. The organization was pejoratively called the "Pinks" by the outlaws and opponents.

1) Now police didn't carry guns. They had only ______. 2) Please step out of your vehicle and get into the police ________. 3) You will be happy to know that we have taken the kidnapper into_ _______. 4) Your husband will be released on _______ posted at 20, 000 dollars. 5) The _________ is going to ask you a few questions about the man's appearance. 6) We're calling for ________ now that we know that the gang is armed. 7) I'm afraid that the man who robbed the bank is still __________. 8) My partner __________ the man who set fire to the building. 9) Did you see the ___________ run away? 11) Do not approach the thief if you see him. He is considered ______________. 12) Please stay outside the yellow tape. This is a ___________.

1) We put your boyfriend in ________________, because we saw him climbing through your window and thought he was an intruder. 2) Stay away from this area at night as there is a lot of __________ activity. 3) If you try to __________ we will have to handcuff you. 4)) Some teenagers carry __________ as they feel unsafe. 5) In October a suspected bomber was found dead in his ____________; police alleged that he committed suicide by hanging himself. 6) The police ____________ several suspects for questioning. 7) We're going to have to check your personal belongings for ___________. 8) It is illegal to carry firearms such as rifles and pistols. 9) A senior Pentagon official claimed Monday that interrogators had tortured a Guantánamo _____________.

1) We are in __________ of a man in a green jacket and orange pants. 2) I heard my partner mention your registration number over his ______________. 3) A new Mercy For Animals undercover _______________ reveals shocking abuse at New England's largest egg factory farm. 4) A judge last week warned detectives that the next time they pull a suspect out of bed they should get an __________________. 5) The police have to tell you that they have a __________

_____ and are at your house to look over to find evidences. 6) We always __________ the downtown core on the weekends. 7) I'm going to get you to tell your story to my ___________. 8) According to our ___________ you were driving well above the speed limit. 9) Our local cops may carry __________ but rarely use them. 10) The man didn’t ________ any ___________ but the officer struck him from behind with a stick and push him in the back. 11) A man from your hotel is ______________ for his involvement in a murder. 12) The police were said to have fired several __________________ into the air to scare him to a stop but he ignored this and sped on.

Полиция - организация военизированного характера, которая имеет право прибегать к использованию огнестрельного оружия, если преступник пытается избежать суда и оказывает им сопротивление.

Если преступник убегает с места преступления, то сначала полицейский должен дать несколько предупредительных выстрелов воздух. Преступник может иметь огнестрельное или холодное оружие, и тогда полиция сообщает о том, что «преступник вооружен и очень опасен», поэтому задача полиции схватить его, заковать в наручники и поместить под стражу. В таком случае полиции разрешено стрелять из пистолетов без предупреждения. Иногда на улицах

Часто полицейские замечают преступника, когда они патрулируют улицы города. Приближающаяся полицейская машина может напугать преступника и преступление не будет совершено.

Однако, чаще всего полицейские задерживают подозреваемого, после проведения расследования. Тогда они получают ордер на обыск и ордер на арест, то есть задержание.

Задержанному предъявляют обвинение в преступлении и отправляют в камеру предварительного заключения, где он находится под стражей вплоть до судебного процесса.

Расследование часто проводят 2 человека - следователь и его напарник. В ходе расследования иногда обнаруживается, что преступление было совершенно преступной группой. Тогда при задержании полицейскому подразделению может потребоваться подкрепление. Иногда для обнаружения преступника полиция использует вертолеты и радары, они направляют действия друг друга при помощи раций.

Для идентификации преступника используются различные методы, веским доказательством являются отпечатки пальцев подозреваемого обнаруженные на месте преступления.

Полицейские часто жалуются на то, что преступник может быть освобожден под залог и быть на свободе, несмотря на все приложенные ими усилия.

- Why are the British policement called “bobbies”?Is police private or public organization?

In England a system of sherriffs and investigative "juries" had developed under the Anglo-Saxons to provide basic security and law enforcement.

After the Norman conquest, these institutions remained though their roles changed. Sherriffs in particular were responsible for keeping law and order, although they were responsible to the king and represented his interests.

In the United Kingdom, the development of police forces was much slower than in the rest of Europe. The British police function was historically performed by private watchmen (existing from 1500 on), thief-takers, and so on. The former were funded by private individuals and organisations and the latter by privately-funded rewards for catching criminals, who would then be compelled to return stolen property or pay restitution.

In 1737, George II began paying some London and Middlesex watchmen with tax moneys, beginning the shift to government control. In 1750, Henry Fielding began organizing a force of quasi-professional constables. The Macdaniel affair [13] added further impetus for a publicly-salaried police force that did not depend on rewards. Nonetheless, In 1828, there were privately financed police units in no fewer than 45 parishes within a 10-mile radius of London.

The word "police" was borrowed from French into the English language in the 18th century, but for a long time it applied only to French and continental European police forces. The word, and the concept of police itself, was "disliked as a symbol of foreign oppression ".

Prior to the 19th century, the only official use of the word "police" recorded in the United Kingdom was the appointment of Commissioners of Police for Scotland in 1714 and the creation of the Marine Police in 1798. The latter was set up to protect merchandise at the Port of London. Even today, many British police forces are suffixed with "Constabulary" rather than "Police".

On June 30, 1800, the authorities of Glasgow, Scotland successfully petitioned the government to pass the Glasgow Police Act establishing the City of Glasgow Police. This was the first professional police service in the country and differed from previous law enforcement in that it was a preventive police force. Other Scottish towns soon followed suit and set up their own police forces through acts of parliament.

The first organized police force in Ireland came about through the Peace Preservation Act of 1814, but the Irish Constabulary Act of 1822 marked the true beginning of the Royal Irish Constabulary. Among its first duties was the forcible seizure of tithes [14]during the "Tithe War" on behalf of the Anglican clergy from the mainly Catholic population as well as the Presbyterian minority.

The Act established a force in each barony with chief constables and inspectors general under the control of the civil administration at Dublin Castle. By 1841 this force numbered over 8,600 men.

The discipline was tough and the pay poor. The police also faced unrest among the Irish rural poor, manifested in organizations like the Ribbonmen[15], which attacked landlords and their property.

In London, night watchmen were the first paid law enforcement body in the country, augmenting the force of unpaid constables. They guarded the streets since 1663. In 1829, the Metropolitan Police Act was passed by Parliament, allowing Sir Robert Peel, the then home secretary, to found the London Metropolitan Police.

These police are often referred to as ´Bobbies´ or 'Peelers' after Sir Robert (Bobby) Peel, who introduced the Police Act. They became a model for the police forces in most countries, such as the United States, and most of the British Empire. Bobbies can still be found in many parts of the Commonwealth of Nations. The primary role of the police in Britain was keeping the Queen's Peace, which continues into the present day.

The British police ranks that exist today were deliberately chosen so that they do not mirror British Military ranks, due to public concern about military intervention into civil disoder.

Each officer upon joining the police is sworn in legally as a Constable, which is also the title of the starting rank. After the two year probationary period has passed, the individual officer may apply for promotion to the first supervisory rank of Sergeant or a specialised role.

The prefix ' detective ' is given to officers who are trained in criminal investigations, who are usually assigned to the Criminal Investigation Department or other investigative units.

Many forces in the United Kingdom have several different branches, such as the road policing unit and support unit. In some, officers are uniformed due to the roles requiring such, others are staffed by plain-clothes detectives.

1) We're taking your brother down to the station to ________ him. 2) Did somebody here call the ________? 3) Two of your neighbours have made a ____________ tonight. 4) We've had a number of calls reporting a ________________ in your hotel room. 5) The _________________ didn’t seem to beunder alcohol influence. 6)Police claim they had to resort to _________________ to clear up the square. 6) Someone called to report an _____________ on the third floor.

1) He was taken to police headquarters and _____________ for 36 hours without a break. 2) NATO officials say they have __________ Iran _________, shipping heavy arms, C4 explosives and advanced roadside bombs to the Taliban.3) The government ______________________ high treason and mutiny against Papadopoulos and other co-conspirators. 4) The protesters demanded to make it impossible for interrogators to ____________ by torture. 5) ________________ in Ireland are responsible for enforcing the law relating to the illegal parking and stopping of motor vehicles. 6) There are fears that police ____________ may disappear over a decade.

1) The punishment will be less severe if the criminal is a ___________. 2) To avoid committing _____________, motorists need to comply with parking rules while parking in the car parks. 3) When the officer says that you were stopped for ____________ you ’d better admit it.

4) _____________ turned car crash early Sunday morning leaving three teenagers in critical condition. 6) Can I be charged with a _______________ if I was not given a roadside breath test? 7) If your vehicle is at least three years old, it needs to pass an _____________ before it can be considered roadworthy. This can land you a fine.You may also have your ___________ taken away. 9) I have been ________ with _______________ from a traffic warden which said I should pay a fine.

-What is the difference between the Crown Court and Magistrates Court in the UK?

In a justice court, the defendant will usually be escorted by members of the security firm that has the contract to serve that court. In rare circumstances in civil trials a bailiff or someone else charged to keep order may be present.

Courts vary considerably in their layout, which depends a great deal on the history of the building and the practicalities of its use. While some courts are wood- paneled, most are not. Depending on the layout of the room, a claimant may sit on either the right or left in a civil court, just as the prosecution may sit on either side (usually the opposite side to the jury) in a criminal court.

Advocates usually speak standing up, but from where they were seated. There is rarely if ever space for them to move in any case.

All appellate courts are capable of hearing evidence (and also to be finders of fact), for example where there is an allegation of bias in the lower court, or where fresh evidence is adduced to persuade the court to allow a retrial. In those cases witness evidence may be necessary and many appellate courts have witness stands.

Flags are rarely seen in English courts. It is most common for the Royal Coat of Arms to be placed above and behind the judge, or presiding magistrate, although there are exceptions to this. For example in the City of London magistrates' court a sword stands vertically behind the judge which is flanked by the arms of the City and the Crown.

As in other countries, the judge or sheriff sits on the bench. Directly below the bench is the clerk's station which usually has a computer to allow the clerk to get on with Court Disposal work during proceedings.

Directly in front of the clerk is the well of court which has a semi-circular table at which all the advocates sit during proceedings. The Procurator Fiscal or Advocate Depute [17]always sits in the seat at the right of the clerk during criminal proceedings.

Behind the well of the court is the dock in which the accused will sit during proceedings. Dependent on the style of the courtroom, the jury box will either be on the right or left hand side of the well of the court. Scotland is unique in the western world in that it has 15 jurors.

Usually to the right or left of the bench slightly raised and facing forward is the stand where any witness who is called will give evidence. The stand is designed so that any solicitor examining a witness as well as the judge/sheriff may get a good view of the testimony. At the far side of the courtroom directly opposite the jury box and behind the stand are seats for journalists who are attached to the court and the court social worker. Seats for members of the public are the back of the courtroom.

There is no court reporter in Scotland, normal summary cases are simply minuted by the clerk indicating the disposal. If the case is a solemn (more serious) case involving a jury or if the case has a sexual element then proceedings will be tape recorded which is done under the supervision of the clerk.

1) After much public pressure, the ________________ and other judges of the Supreme Court of India have declared their assets. 2) Justice of the Peace had requested that his current ___________, who officially is divided between his own and court clerk duties, become a full-time onу and create a new court clerk position. 3) The Chief Justice told me that this policy of the Australian stops him from nominating credible, well qualified individuals to serve on _____________. 4) A Haverhill woman still insists that she was arrested for what she says is a ________________________ 's mistake. 5) Meanwhile, a representative of the ___________ asked for some time to examine the documents presented by the defence lawyer. 6) The ___________

_________is a dying breed. Generation X and the Millenials are not getting their information in the same manner as people used to.

1) We sat in the _____________ on the famous seat, but unlike real jurors, got to ask the "witnesses" our own questions. 2) Today, a ___________________ has cleared Pc Mark Jones of a racially-motivated assault on a London youth. 3) Please be aware that there is a ____________ on the loose. 4) Beside the trial's participants, the case has drawn a small audience whose members watch from the courtroom _____________. 5) He said _______________ earlier gave death sentence to three accused, but the High Court upheld death sentence only to one of the accused. 6) ___________________ tell authorities they didn't see anything in the dark. 7) The charges against the ___________________, a 27 year old from Brooklyn, include grand larceny, identity theft, money laundering, scheme to defraud, and unlawful possession of personal identification information.

1) We'll believe you are _______________ when you show us your receipt for the items in the bag. 2) You will be considered innocent until you are proven __________. 3) We will announce at a later date further hearings for the purpose of receiving __________________ from governmental witnesses. 4) Do not assume that cautions or unpalatable advice reflects a lack of competence on the part of your ____________________. 5)But while one is sitting in the dock, the other will be called to take the ______________________________. 6) __________________ enjoys the right to a speedy and public trial, by an impartial jury. 7) Among the some 20 people in _____________ in the revolutionary court in Tehran were a former minister and a number of other top political figures

Судья обычно сидит на высокой скамье известной как «судейское место». За его спиной обычно находится изображение печати соответствующего федерального округа и флаг штата, в котором происходит судопроизводство. Судьи обычно одеты в простую черную мантию.

Рядом с судейской скамьей находится место дачи свидетельская трибуна (место дачи свидетельских показаний). Зал суда разделен на 2 части барьером, который может иметь перегородки или быть воображаемым. У одной из стен обычно стоит судебный пристав, который поддерживает порядок в зале суда.

По одну сторону судейской скамьи находятся столы истца и ответчика, за которыми они сидят со своими адвокатами. Напротив них находится скамьи для присяжных судей, где эти судьи находятся во время слушания дела.

Сотрудники суда и присяжные обычно заходят в зал заседаний в разные двери. В отличие от сторон судебного спора и присяжных, только юристы могут переходить «барьер». Обычно в зале находится небольшое возвышение, на которое защитники поднимаются и оспаривают свои дела перед судьей.

По другую сторону находятся места для публики, людей которые приходят послушать, что происходит в суде. Места для публики, как правило, имеют форму церковных скамеек.

В отличие от состязательных судов в апелляционных судах не имеется, ни скамьи присяжных, ни свидетельской трибуны. Судейская скамья, напротив, гораздо больше, так как должна вмещать б о льшее количество судей.

Как правило, стены в зале суда покрыты деревянными панелями, но это скорее традиция, так современные суды часто выглядят иным образом.

В здании суда может находиться большое количество залов судебных заседаний.

The punishment you can expect if you are convicted of a crime will depend on what crime you committed. The law in the UK allocates punishment that is linked to the severity of the crime. Therefore theft for instance carries a lesser punishment than murder.

The courts are guided as to the sentences and other punishments they can hand down to offenders. The law is regularly reviewed with sentences for some crimes increased as public pressure has indicated that the current punishment isn’t severe enough. The punishment should always fit the crime under UK law.

The vast majority of punishments are handed down by the magistrates’ court as these courts deal with most of the criminal cases in the UK. Magistrates’ do, however, have limited powers and can refer an offender to the Crown Court if they think that the offender should receive a higher fine or longer sentence than they can impose. Some crimes also have automatic prison sentences.

Offenders who are found guilty will usually get either an absolute discharge or a conditional discharge. An absolute discharge means that no further action will be taken against the offender. The offender still has a criminal record, but the court will take no action against them. A conditional discharge means that the offender will not get a punishment right away, but if they reoffend the court will hand down a punishment for the original crime and the new one they have committed.

Anyone that is under the age of 21 could have a number of sentences imposed on them. In the UK there is an emphasis on rehabilitation of offenders where this is possible by sending them to institutions that can help them modify their behaviour.

Very young children between the ages of 12-16 can be sent to a secure children’s home. Local authorities run these institutions. Young Offenders Institutions (YOIs) are for offenders between the ages of 15 and 21. The prison service runs these institutions that have a focus on education. Secure Training Centres are for offenders up the age of 17. They offer vocational training and education.

If you are a repeat offender, and between the ages of 12 and 17 the court may decide that the best way to punish you and offer you rehabilitation is to use a Detention and Training Order (DTO). You will be sent to an institution for between 4 months and 2 years. Half of your sentence will be spent in the institution itself, with the second half spent in the community under the supervision of the Youth Offending Team.

If the offence that you have committed means it will be heard at the Crown Court and the offence if committed by an adult could receive a sentence of 14 years or more, you could be sentenced under Section 90/91. Section 90 is for murder, with section 91 available if the court wants to impose a longer sentence.

Often the court may decide that a custodial sentence would not be in the best interest of the offender. Simply locking people behind bars is not seen as the best way to rehabilitate them. The courts have a wide-range of other powers and sentences they can use to avoid sending an offender to prison if they feel this would not be appropriate. These sentences include:

Generally the courts will try and match the punishment to the offence that has been committed. Detailed guidelines are available to all judges that will tell them the maximum sentence they can impose. Most crimes however don’t end with a prison sentence, as community service that offers society what is called ‘ restorative justice’ is more appropriate for most crimes as the offenders repair the damage that their crime has caused.

1) The driver has failed to pay more than 50 ____________ since 2006. In addition, he was involved in a drunk driving incident in 2007, police said. 2) Youngsters who break the law would be offered an opportunity to avoid a criminal record by undergoing ____________________ such as picking up litter. 3) He was fined $750 and about $550 in fees, received a 90-day ______________ and was required to take a seven-week safety course. 4) The guards will be patrolling the _____________ all day long 5) Your license shows a clean driving record except for one ____________________ from five years ago. 6) Nasr was put under _____________ in Egypt in 2004 and said he had been tortured while in detention. 7) The acused turns into the ____________________ right after the jury pleaded him guilty.

1) A judge has sentenced Griffin to _____________________on his murder charge and an additional five years for a second weapons charge. 2) Article 5 of The Universal Declaration of Human Rights states, "No one shall be subjected to ________________ or to cruel, inhuman or degrading treatment or punishment. 3) US banking giant JP Morgan Chase has agreed to__________________ of $75m (£45.3m) to settle charges that it bribed local officials in the US state of Alabama, 4) You won't be required to _________ any ________ but you will have to pay a fine. 5) Kerik pleaded guilty to two misdemeanors in 2006 and was forced to pay $221000 in fines, but served no _____________. 6) We'll have to keep you in a _____________ until someone comes to pay your bail.

Listen to the VOA THIS IS AMERICA PROGRAM “ Death Sentences in U.S. at Their Lowest Level Since 1976” and fill the gaps in the sentences below. Mind that you will hear the tape once as far as it plays for about 15 minutes.

1) 38 of the 50 American states _____________ for murder and other capital crimes. These are the most serious _______________________.

2) The Death Penalty Information Center in Washington, D.C., notes that executions have_______________________.

3) 1976 was the year when the United States Supreme Court _____________ of states to use ____________________________.

4) There are some new restrictions, though. In March the Supreme Court _________________ death sentences for ________________________________.

5) Justice Kennedy said it would be "morally misguided" _______________________ of a young person with those of an _________. He said a young person has ___________________ of reform.

6) Some people would like the United States Supreme Court ____________ all executions. Opponents of the death penalty say capital punishment can be _______________________. For example, they say blacks are _________________________________________________ to death than whites for similar crimes.

7) Opponents say economics play a part. Courts _____________________ if a ___________________ does not have enough money. But the opponents say ____________________________________- may depend on the ability to get a good lawyer.

8) More than 80 percent of these executions have happened in ______________. The highest rates are in the _____________, the lowest are in the______________. Texas has executed more than one-third of those put to death. Last year Texas courts __________________ twenty-three more people.

9) _____________________ say capital punishment costs more than _____________________ for life. The appeals process often continues for years. Opponents also note the risk that innocent people will be _______________ by mistake. And they argue that ____________________ does not stop criminals.

10) The Criminal Justice _______________ in Sacramento, California, supports capital punishment. The organization says its represents the interests of __________ and citizens who _____________. It says murderers sentenced to life in prison ______________. Or they might kill others _________________.

11) The Criminal Justice Legal Foundation says the families of victims ____________ that the killer of their loved one _________________________.

12) About two ___________ people questioned for a Gallup Poll in 2004 _____________

13) Most executions in the United States take place by _______________ or _________

___________________. The area of prison ____________ where the condemned are kept

14) Researchers at Northwestern University have studied death row ____________. They say at least ___________ men and women have been released from death rows in the United States since nineteen seventy three. New ______________ their lives.

15) For many people, the _____________ capital punishment involves religious issues. The United States Conference of Catholic Bishops has started _____________ the death penalty.

16) Pope _________________ criticized capital punishment. John Paul said it should be used only ___________________ when society could not be defended in any other way

17) The use of capital punishment began ___________________ of American history. But in 1972 ______________________ the Supreme Court effectively banned executions.

18) Four years later the Supreme court ____________________ of states to make new laws ____________________________ death sentences

19) Currently, ______________________ and the District of Columbia do not have capital punishment.

20) But Governor Mitt Romney has proposed to _______________ the death penalty for some crimes. These include _________________ and _________________ involving _____________________ or more than one victim.

[1] Высший (Сессионный суд) по гражданским делам Шотландии

[2] Высший уголовный суд в Шотландии(Суд Юстициария)

[4] Суд(комиссия) по делам беженцев и иммигрантов - МК

[8] - “хозяин свитков”, глава государственного архивов, глава апелляционного суда

[11] Канцлерское отделение Высокого суда право

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