Criminal justice process in the USA

Basically. the steps in the criminal court processes are as follows: arrest and booking, arraignment- trial and appeals (if any).

A person who comes into contact with the criminal courts must initiallv be arrested. The arrest may take place with or without using a war. rant (e.g. when an offense takes place in the presence of the officer, or when there is probable or reasonable cause to believe that a ti210ny or misdemeanor has been committed. A iëlony is a serious oftènse punishable bv death or }mprisonment. A misdemeanor IS a less serious offense punishable bv a fine or up to one year in jail, or both). Even after an arrest the suspect may be released without being prosecuted for a variety of reasons: mistaken identity, lack ofproper evidence. etc.

After the arrest is made, the suspect is booked. The booking card OF the law enforcement agencv contains information sueh as the date and time of arrest. the charge or crime for which the person ',.vas arrested. the name of the arrested person, the name of the arresting officer. Here the accused is photographed, fingerprinted, and temporarily released on bail, if possible. The record or booking card is permanently kept in the fifes of the police department. On important cases, the prosecutor may be present at the booking, but usually he will enter the case during the arraignment or initial appearance of the suspect before a magistrate') or other judicial officer. Before turning to the prosecution of the. suspect- it must be remembered that the investigative work of the police mav continue even though the accused is involved with the prosecution or court phases of the criminal justice system.

At arraignment, summarv trials can be held får-pettv offènses without türther processing. During the initial appearance before a magistrate. judge or justice of the peace-} the accused is to answer the charges against him. During the arraignment procedure, the charge may be dismissed by the court for a legal reason or the prosecutor mav request to have the charges dropped ^û ). The initial appearance mav also serve as the trial for minor offenses that have pavment of a fine or a relatively short time in jail as punishment. Once the judge finds a verdict of guilt⁴ ). the accused is sentenced to jail or payment of a fine. The defendant may also be placed on probation for a specified length of time. [f sentenced to jail. he may be granted parole.

The purpose of preliminarv hearincp in the lower court is to determine whether there is a reasonable cause to believe that a felony was committed and whether therc is a reasonable cause to believc that the accused committed the crime. It is here that a preliminary testing of the evidence takes place. As a result the accused may be released because of having been arrested not {Or probable cause, or he may be placed on bail or moved back to jail until his case is tried by the higher court.

If there is a reasonable belier that a crime has been committed the accused, the prosecutor is given statutorilv defined number of days to file formal charges against the defendant. The charge is filed on the basis of information from citizen complaints and police investigations.

Then another arraignment is held. If the defendant pleads gailtv a date tar him to be sentenced is set bv the judge. If the detëndant pleads not guilty, he may request to have a jury trial or be tried by the court without a jutv. At the trial, if the defendant is convicted, a date for sentencing is set.

Before imposing the actual sentence an investigation by the probation officer takes place to assist the judge in deciding on a penaltv. The defendant mav be fined, sentenced to iail, or placed on probation. During this period the defendant can appeal his conviction. As a rule, the appeal stays the execution or the sentence. [f the appeal is unsuccessful ar the defëndant decides not to appeal. the penalty is imposed.

The detèndant is then involved in the corrections of the criminal jusrice system. It is here that rehabi]itation of oftenders is supposed to occur" This is the purpose of correctional establishments.

To reduce the risk of convicting an innocent person, there are checks and reviews at all stages of the criminal justice system.

(Law Enforcement in a Democratic Society, E.Beckman)

Notes to the text:

1) magistrate - Marvcrpa-r•, rt0JtHueñcKora cvna

2) justice of the peace MHPOH01-i c.VAE-,q

3) have the charges dropped — npeKpaTHTb Iteno

4) once the judge finds a verdict of guilt •ro:1bKO Bbl'IOCHT 06B11HnreJ1bHblìi llpnrogop

5) is supposed to occur nonaraeor,

Ex. 14. Find English equivalents in thc text:

yroj10HHb1ii npouecc: 06BHHeHne•, cvze6Hoe 06Nan 0Bagne•, nponggecTH apec•r; opAep•, COBCPlUHTb TH>KKOe npeCTvnneHue•, 'nope,MHoe 3aKnF0Y2HHe: noA03peBaeMblii; npaB00.xpaHMTev-lbHble opra}-lhl•, 06BUHqeMbllä; CHH:MaTb O'FnetlaTKH na„lbllew, KapTOT(-'Ka•, vapor_ueHHOe cyuonp0V13Bonc'EBo; Me-1KHe npaB0HapYE[1t'Hkfq•, CVA HE13ureöt CJlVLUaTb Reno; lÆOÄBepraTb YFOJIOBHOMV 11pecJ1(-'Ä0-

RaRÇllo; cc6B cyn rlPHC%KHblX; BblHeCTVl apurQBop•, HilKa3m-lHe; OCVAH1'b YC510BHO', grepenars Ha nopyKH', nepe-

Ex. 15. Give Russian equivalents:

I. law; bv.law, law-breaker, lawver, law enforcement; to make laws; to obey laws; to enact laws; to pass laws; to violate laws; ll. to prevent; to prevent offenses, prevention of crime; preventive, preventive measures; a preventive war.

Ill. crime; a criminal: a criminal case; critninalitv; a cri:ninologieal study, to commit a crime; to reduce cr;me•, to eliminate crime.

Ex. 16. Find svnonyms among the following words:

law, purpose, period, to tòrce, a criminal, verdict, to define, aim, to obtain, penalty, duty, offense; evidence: to turmulate, tenn. to get, punishment, to break, crime, offender, sentence, to violate, to oblige, cause, statute, obligation, reason, proof.

Ex. 17. Translate the following groups of words:

criminal justice process; trial court arraignment: law enforcement agencies; police investityations; citizen complaints; a jury trial; a police department file; an imprisonment sentence; an arraignment procedure; a higher court trial; a ten-pound finc; a five-hundred dollar bail; a dead bodv identification; prosecution or court phases.

Ex. 18. Complete the sentences with one of the words 2iven below. (misdemeanor, released, summarilv, charges, evidence, parole. fine, guilt. convicted, trial, felonies, booking, rehabilitate, appeal, charge):

l. There can be no conviction unless the of the defëndant is established.

2, After making the arrest the officer may conduct a "limited' search for of the guilt of the person.

3. During the arraignment procedure the mav be dismissed.

4, If a judge finds a verdict of guilt. the accused is sentenced to jail or payment of a.

5. In some jurisdictions there is no separate preliminarv hearing for misdemeanors and

6. At the a date tar sentencing is set.

7. The procedure of includes photographing and fingerprinting.

8. A person charged with a pettv offense can be tried

9. The purpose of corrections is to offènders.

10. The procedure of prosecutions for a felony is the same as for a l l. If the defendant is at the trial the date tor sentencing is set.

12. The defendant can his conviction before the actual sentence is imposed,

1 3. Even if the defendant is sentenced to jail, he may be granted

14. During the arraignment the judge the acctßed thith a specific crime.

15. The accused may be at the preliminary hearing if there is no reasonable cause to believe that he committed the crime.

Ex. 19. Say what it is:

A forma] order given by a judge or a prosecutor to arrest a person is called.

2. The decision of a court made after the trial of a defendant is called.

3. A fine, imprisonment or probation all these are different types of..

4. A sum of money paid by the person arrested for being released until the trial is called.

5. If a person breaks the law or violates public order it means that he cotnmits a

6. All fäcts and things that must be presented to court to prove the guilt of the accused arc called.

7. If a person is convicted and the penalty is not a fine or imprisonmcnt but placing him under control of a special police officer it means that a person is placed on.

8. a person pleads not guilty and does not agree with the sentence he mav file an

9. A panel usuallv consisting of 12 persons to hold trials is calied

Ex. 20. Give VOUr definition of the following:

The accused is a person who

2. A criminal is a person who

3. The defendant is a person who

4. The suspect is a person who.

5. The convict is a person who.

Ex. 21. Answer the questions on the text:

th!hat are the steps of the criminal justice in the USA?

2. In what cases mav an arrest be made without a warrant?

3. What is a felony?

4. What is the punishment for a misdemeanor'?

5. May the suspect be released without being prosecuted'? In what cases?

6. What does booking include?

7. Where does booking take place?

8. In what cases are summary trials held?

9. What is the purpose of preliminary hearing?

1 0. Who tiles formal charges against defendants?

NVhen is a date for sentencing set?

12. What are thc types of punishments?

13. What is the function of the probation officer'?

14. When can the defendant appeal his conviction?

15. What is the purpose of corrections?

16. What is done to reduce the risk of convicting an innocent per-

Ex. 22. Translate into English:

YrOJlOBHb}1ä npoltecc MMeer cram-IH: apecr H perucrpanuq, npLiBaeqeHøe K cyAY. rtpeÄBapwreJ1bHoe cnvlllaune, rrpeJbflBneHHe 06BMHeHPIH, cyAe6Hoe pag6np•a-r-c1hc-rgo (Kwa.nonawte.

2. ApecT aon•aceH [IPOH3BOAHTbCH Ha OCI(OBaHHH IIOCT,RIIOBJICIIHH (opacpa).

3. TYPKKoe npecTYflJie1tne 3T0 npec-rvll„'lef-we. ]1aK'd3YCMoe cstepTH0ìi KU3HbK) TIOPCMHbl.M 3aKnoreHue.M.

4. MeHee -rw,KKoe vroJIOBHoe npecrvnneHue npecrvn_qeHHe, HEIK'z13ve.Moe 111tpad)0M TEOPeMHh1M rlo I rona.

5. Floc,qe npe,'1BapvrreJtbIžoro CJ•ywaHH'1 O(þMlU-1aJlbHOe 06ßHHeHHe.

6. Ha npHBneqe11HR K cyli\' 06BUHeHHe MO*eT 6b1Tb orKAOHeHO,

7. ECJIII 06BHHse_MblÜ npu:maer ce6R BHHORHbl.M,

-.¹1aTa apurogopa.

8. I]ocne cyae6Horo 06ñca[Ipqromp.

9, 06BHHqeMS1ï1 6blTb ocv•Æae11 TOJJbKO CVAOM.

10. [10A03peBaeMb11i 6b1Tb BPeMCHHO 3'UlOF,

Ex. 23. Find the sentences with the Gerund in the text and translate them

in a written form.

Ex. 24. State the form of the Gerund:

havinz been booked; being punished; having released; having been fingerprinted; being convicted; having been identified; having filed, being imposed; having been prosecuted; having appealed; being accused; having been charged; being an•aigned; having been sentenced; having fined; being corrected; having been rehabilitated.

Ex. 25. Translate the sentences into Russian:

After having been identified the oftènder was arrested by police.

2 The court suspected the evidence of having been obtained un-

3 He vv•as charoed with not having taken the victim to a hospital after the accident.

4. Who is responsible for the criminals not having•becn arrested yet?

5. In this case the arrest preceded a formal accusation. having been made by a police officer who witnessed the offense.

6. The police accused the driver of being drunk.

7. A person arrested at a cnrne scene for having committed an offense, must be brought befòre a magistrate within a limited period oftime.

8, The defendant was not informed of the Tight of being provided with legal counsel at the trial.

9. Under established rules, some evidence is inadmissible, especial[y if there is doubt of its being obtained lawfullv.

10 The police suspected him of having been prosecuted before.

One OF the aspects of punishment implies that an offender must be afraid of being punished.

1 2 The witness insisted on having seen the criminal quite clearly.

13. Instead of being placed in jail the accused was released on bail.

14. The man was accused of having violated the traffic rules.

Ex. 26. Say in what sentences "ing-tòrms" are Gerunds:

After rnakinu the arrest the officer mav search the premises for evidence of the guilt of the arrested person.

The preliminarv hearina is regarded as a protection of the citizen aoainst detention following an unwarranted arrest.

3. The problem of obtaining a warrant tar arrest is of growin2 importance.

4. The practice knows as aggressive patrol involvcs placing a lot of officers into a highcrime area and stopping and interrogatinù anyone who looks suspicious.

5. {t must be remembered that just because a person is arrested does not mean that he will be charged with a crime. In fact, very often

the police make arrest but have no intentions of making charges,

6. The key element of arrest is taking a person inta custodv to control the movements of that person.

7. Booking is usually accompanied by picture taking and fingerprinting.

8. With few exceptions (e.g. in capital cases) the individüal has the right of being released on bail.

9. Agents of the FBI are tnainly concerned with gathering and rccording of information in order to present a case for prosecution.

10. The nature of the offense importantly aftècts the probability of having a known suspect.

I l, Arresting a person is taking him into custodv for the purpose of charging him with a specific otiènse.

12. If the accused is charged with committing a misdemeanor he may be convicted at the arraignment.

1 3. Upon the police showing adequate cause, a court mav continue the hearing in order to give the police a little more time to conduct a flit-ther investigation betare the formal charge against the arrested person.

14. If evidence was obtained by the law enforcement agency without observing the constitutional ric*lts of the accused, the accused may ask the court to prevent the evidence from being used in his

1 5, Any criminal investigation starts with a patrol car being sent to the crime scene.

16. Some tasks relating to the investigation of crimes that detec-tives are responsible for clearing by arrest may be pertòrmed by patrolmen.

Ex. 27. Translate the sentences paying attention to Gerund Complex:

Law enforcement agencies are responsible for the laws of the state being observed.

The criminal's committing a crime was evident.

J. The patrol action resulted in sorne suspects 'being arrested.

4, The policeman's making an arrest greatlv helped the investiga-tion.

5. We are interested in public order being maintained by all cilizens.

6. Everybody was surprised at his being charged with a crime. The police suspected the mdn of being an offender.

8, The officer's being very experienced resulted from his twenty years of police work.

9. We were surprised at the penalty being so severe. 10. Evervthing depends on the charges beinz filed now.

l l. The prevention aspect of police patrol consists in patrol activi ties being concentrated in high-crime areas.

12 An arrcsl is legal jf therc is no doubt of a person's committing a crime.

13. According to the law the magistrate conducting a preliminary hearing is obliged to inform the accused of his having a right to legal counsel.

14. 'One of the main duties of the police is to prevent delinquents from becoming criminals.

Ex. 28. Use Infinitives or Gerund:

If the arrest is made as a result of (to observe, observing) a law violation, an investigation is conducted to determine 'Whether or not a crilne was committed.

2. The preliminary hearing is an investioation by a magistrate of the facts and circumstances surrounding a suspect who has been charged with a critne and arrested, in order to determine whether there are sufficient reasons tar trial; after (to hear. hearing) the evidence the magistrate may find no basis for the charges and dismiss them or present the case to the trial court.

3. IMobiIity has given people the opportunity (to commit, cornmitting) crimes far away from home. A person can cover great distances rapidly, making it very difficult For law enforcement to operate effectively.

4. The court ruled that an officer may lawfully search a person in the course of (to make, making) an arrest. However, the police can only search the suspect and the area immediately surrounding the suspect, not an entire room or house, without a search warrant.

5. According to law, the police must bring a suspect before a magistrate within the period of time between 48 and 72 hours, during which time the interrogation takes place mostlv with the aim {to obtain, obtaining) confession.

6. Although a person under arrest has a right (to refuse, refusing) to answer questions, the arresting officer may lawfullv search the person arrested and find some incriminating evidence.

7. Since objects seized in the course of an illegal search are inadmissible as evidence In courts, the importance of strict observance by the arresting officer or the lilïlitations on his power (10 arrest, arresting) without warrant is obvious.

Ex. 29. Complete the sentences using Gerunds:

Do vou realize the importance of. (to observe laws; to maintain public order, to prevent crime; to study the law).

What are vour reasons for, (to charge him with a felonv; to accuse him of this crime; to suspect him of this offènse: to file a com-plaint aeainst him).

He stopped (to violate the laws; to commit offenses; to contact criminals: to pay fines).

Go on.. (to fiuht crime: to prosecute the person; to prevent crime; to detend the person).

I don't mind (to appeal the conviction: to sentence him to jail: [o punish him so scverelv; to identify the criminal).

Ex. 30. Read the föllowina text and discuss it:

Detective McFadden, a policenNan for thirty-mne vears, was on afternoon patrol in a citv when he saw men standing at a corner. One Of them passed a shop, looked at the window, went a short dis-(ance, and then returned to the window for another look. Then [he other rnan repeated all these actions. After this took place many times the two men walked off together. Officer McFadden realized that the men were preparing for a possible robbery. He followed them, when they stopped be came up to them, searched them and thund 38 caliber revolvers. He took the men with the CYuns to a police station where thev were charzed with carrving the weapons.

The lawvers for the said that the weapons seized •vvere inadmissible because they were illegally seized. But at the trial the men were convicted. They appealed to the US Supreme Court. The Court ruled that the guns were seized in a legal manner, because officer McFadden had acted in a "reasonable" manner in that. based on his years of experience, he believed that a robbery was going to take place and it would involve weapons. So the life of the officer and possibly the lives of innocent citizens were in danger. The Court upheld the conviction.

Ex. 31. Read the text and speak ab0kit the classification of' crimes according to the English Criminal Law.

Crimes are classified into I) indictable offenses and 2) sumrnary Offenses.

Indictable of Tenses are tried by jury. They include: a) Treason, b) lèlonies and c) misdemeanors. Summary offenses are those which are not tried by jury or •which are tried summarilv.

The differcnces between felonies and misdemeanors are as follows:

Felonies	Misdemeanors
Admit of accessories	Do not
Admit Of arresl without a warrant	Do not
Civil proceedings cannot be taken against an ottënder before criminat proceedinus	Does not apply
Cannot be tried on a criminal informa-	Can bc so tried

indictable apccneuycMb1ìi no OOBHnmei1bHOMV aKTV Treason — FTPOTHB rocyaapc-rna accessorv - covqaCT11HK

Ex. 32. Read and sav what vou think about it:

I. Aceordincr to the British laws a person cannot be tried twice or more times on the same charge. If he has been tried and found not guillV he rnav not be brought before a court if new evidence of great impòrtance has been obtained to prove his guilt.

[t seems illogical. What do you think about it?

[he law is not something that can be changed at will {np01[3 bH0).

Laws should govern people and not on the contrary. People are equal before the law.

Dura lex, sed lex (Strict is the law, but a law) — is a saving of Ancient Rome.

"The law is the last result of human wisdom (MYAPOCTb) acting upon human experience for the benefit (Ha 6naro) of the public" words belong to the celebrated English author Samuel Johnson.

In these and other sayings is reflected people's respect of law and jus. tice. There is widespread belief that observance of laws is a guarantee against injustice.

Still. this is onlv one aspect of the problem. The problem is whether the social and state system of the country prevents violation ol' the law and guarantees the right way of administering justice. Not in every socletv the fOrrnula "All are equal before the law" is effective though it is proclaimed in constitutions.

Yet there are instances when laws are illegal themselves.

Such laws cannot be respected.

What do you think of thesc problems?

Ill. In actual practice a great number of arrests are made by the pofice without an arrest warrant. Arrest without a warrant is permitted in "special circumstances", such as situations in which:

l. The attempt (110KyrueHue) or actual commission of a crime occurs in the presence of a police officer.

2, There is probable cause for the police officer to believe that a crime is being committed in his presence.

3. Though the crime has not been committed in his presence, there probable cause far the police to believe it has been committed and that a person to be arrested has done it. The courts have ruled that exceptiQTIS (11tKJIF0HeHHfl) to the need for an arrest are justified by the circumstances, The most basic exception is that police action is needed to prevent the commission of a criminal act. Other reasons include the realization that if the police did not act, it is highly probable that the person to be arrested would escape (c6eraTb), that the person would cause other people to be harmed (ržocTpa11aTb) or that evidence of the crime would be destroved.

Do you agree? [n what circumstances do you think the police may make arrests without warrant?

Ex. 33. Read text "B" without dictionary and say in Russian what the text is about. See the notes: to dismiss npeKpaTHTb to acquit OilpaB,aaTb

- TepneTb HeyAaqy delay, n robbery, n

burglary. n CO R3JIO.MO.M

Text

The criminal justice system IS composed of those agencies which must enforce the laws that society has enacted tar its selfh)rotection and preservation. Theoreticallv, it is an intetyrated apparatus whose functions are to apprehend. prosecute, convict, sentence, and correct offenders. The CS svstem is federal bv its nature, i.e. it consists of three subsystems: state. local and tèderal criminal iustice acencies. The systern is composed or three components: police, court, corrections. Each component must contribute to the same aoa\ the prevention and control of crime and the rehabilüation of offenders. So the effectiveness of the whole svstem depends on the efficient functioning or each component and their efficient Interaction, But at present the criminal justice svstern doesn't work successtìlllv. Of the several million serious cri1Ä1es reported every year to police, ranging from murder to car then, only one in nine results in a convic lion. The rate of solution vanes with different crimes. Murder is usually reported, and 86 per cent of all reported murders lead to arrests. Among those arrested. however. only 64 per cent are prosecuted and not more than 43 per cent of the cases prosecuted result in convictions. Of persons prosecuted iòr murder 19 per cent are convicted of a lesser crime and 38 per cent are acquitted or dismissed. In contrast, only 19 per cent of all the burglaries reported te police lead to an arrest. Four out of five arrested are Prosecuted and 56 per cent are found guiltv. So. for every twelve burglaries repotted there IS one conviction. Robbery taking property from a person bv three or threat ol' force —IS e crime of violence, dangerous to life and increasing rapidly. But chances of a robber being convicted are small. 27 per cent of all robberies lead 10 an arrest. Of those arrested. 63 per cent are prosecuted, or whom one-half are convicted. Less than two-thirds of the cases in h.vhich individua)s are charged with murder and rcybbery are prosecutable. Often the reasons are: insufficient evidence, mistaken identitv, unprofessional work of law enforcement agencies, etc. Long delays in trials mav Icad to dismissals because witnesses die or disappear, evidence is stale or lost. When we -consider the pertòrmance of' correctional agencies, the läilure of the criminal justice system becomes quite evident. While there may be only one conviction for every fifty or more serious crimes, only one in tbur convicted will go to prison. and most who are imprisoned will commit crimes after their release. Thus from among the verv srn'dll portion of ail the peoplc who commit serious crimes and are finally imprisoned, the system täils to rehabilitate the majoritv.

Ex. 34. Do the tòllowing tasks:

Give a title to the text.

2. Divide the text into logical parts and give titles to them.

3. Think or 1-2 questions on each part of the text.

4. Sum up the information of each parg in I -2 sentences.

5. Give the contents of the text in Enolish in a summarv tòrm.

Ex. 35. Find English equivalents in the text:

c CHJlbI non npecTY'laeHH¶. perMCIPHpveMble enreroÄH0 reJISHb1e 3aneP)KKH B cyne6Ho.V1 pa36upa•re.1bcTBe•, 6b'Tb 06B"-HelU1b1M B v6"äcrge rpa6e)Ke; KIPHBOAHTb K 60pb6a C UPCCTV'l-neHHSIMPl.

Ex. 36. Answer the questions:

What is the structure of the US criminal justice system'?

2. What are the components of the criminal iustuce system'.)

3. Does the criminal justice svstem function effèctivelv0

4. Can vou give any examples to prove it'?

5. What is necessarv for its efficient ftlnctioning?

Ex. 37. Read text "C" and do a written translation: