VI. Вставьте подходящие по смыслу слова или словосочетания в предложения.

 

1. Any criminal punishment is always a … of the rights of the convicted person.

2. If a person is convicted the court decides on the most appropriate ….

3. The defence lawyer may take a … in mitigation on behalf of the offender.

4. Capital punishment is usually used only as … measure when an especially … crime was committed.

5. The Government has certain … for dealing with and preventing terrorist activities.

 

ВАРИАНТ 13

I. Прочитайте и письменно переведите текст.

DEFENSES

 

A defendant may avoid guilt if he can show he has a defence – a reason the court should excuse his act. Different systems of law recognize different and usually limited sets of defenses. For example, English law sometimes allows the defense of duress – being forced to commit a crime because of threats. Duress may be used a defense for a secondary party (helping the murderer).

Another defense is that of insanity. In most countries a person cannot be found guilty of a crime if in a doctor’s opinion he cannot have been responsible for his actions because of mental illness. But this defense requires careful proof. If it is proven the defendant will not be sent to prison, but instead to a mental hospital.

It might be argued that a person is not responsible for his actions if he is intoxicated – drunk or under the influence of drugs. In fact, an intoxicated person may not even know what he is doing. However, in Britain and many other countries, there is a general principle that people who purposely get themselves intoxicated must be responsible for their acts. Consequently, intoxication is not a defense.

Nearly every system of law recognizes the defense of self – defense. In England law, a defendant can avoid guilt for injuring someone if he can convince the court that the force he used was to protect himself.

The concept of defense should not be confused with that of mitigation – reasons your punishment should not be harsh. If a person has a defense, the court finds him not guilty. It is only after being found guilty that a defendant may try to mitigate his crimes by explaining the specific circumstances at the time of crime.

 

II. Ответьте на вопросы.

 

1. What can help defendant avoid guilt?

2. Is duress a defense in England?

3. What kind of defense requires careful proof?

4. What other two possible defenses?

5. When can a defendant try to mitigate his crime?

 

III. Прочитайте следующие утверждения и решите, какие из них правильные, какие –нет.

1. A defendant may avoid guilt if he can’t show he has a defence – a reason the court should excuse his act.

2. English law sometimes allows the defense of duress – being forced to commit a crime because of threats.

3. In some countries a person cannot be found guilty of a crime if in a doctor’s opinion he cannot have been responsible for his actions because of mental illness.

4. Nearly every system of law recognizes the defense of self – defense.

5. The concept of defense is always confused with that of mitigation.

 

IV. Подберите к следующим словам и словосочетаниям правильный русский перевод

 

1. duress	a. быть признанным виновным
2. commit a crime	b. смягчать; уменьшать
3. be found guilty	c. принуждение, давление
4. be responsible for	d. быть ответственным за что-л.
5. mitigate	e. совершить преступление

 

 

V. Поставьте глаголы, данные в скобках, в соответствующем времени и переведите предложения на русский язык.

 

1. Civil rights … (to protect) certain general human needs and interests.

2. Historically many civil rights and liberties … (to appear) as a result of resistance to kings.

3. Sometimes civil rights and civil liberties … (to use) interchangeably.

4. He … (to be) the mayor of the city for more than five years.

5. The meeting … (to take place) next week.

 

VI. Вставьте подходящие по смыслу слова или словосочетания в предложения.

 

1. A defendant may … guilt if he can show he has a reason.

2. A person cannot be … of a crime if in a doctor’s opinion he cannot have been responsible for his actions because of mental illness.

3. It might be argued that a person is not … for his actions if he is intoxicated.

4. Nearly every system of law … the defense of self – defense.

5. The concept of defense should not be confused with that of ….

 

ВАРИАНТ 14

 

I. Прочитайте и письменно переведите текст.

ORIGINS OF ENGLISH LAWS

The English judicial system is the product of long historical development. The strong sense for tradition and its preservation in English society was responsible for the fact that some judicial forms and institutions have survived centuries. For this reason English law is very complex.

There is no single body of law in the United Kingdom. There is, however, a similarity between the systems of England and Wales and that of Northern Ireland. Scotland has its own distinctive legal system and law courts, but on many points there is fundamental identity with the rest of the United Kingdom as well. A large volume of modern legislation applies throughout the United Kingdom.

Another common feature is the distinction made between criminal law (concerned with the wrongs against the community as a whole) and civil law (concerned with the rights, duties and obligations of individuals towards one another).

The sources of law in the United Kingdom include: unwritten, or common law, and written, or statute law. Unwritten or common law is based on the past decisions of judges, i.e. on a judicial precedent. It is the ancient law of the land deduced from customs and interpreted in court cases by the judges.

Written, or statute law, is based on statutes. Statutes comprise Acts of Parliament and subordinate legislation made under powers conferred by Parliament (e.g. Orders in Council, orders and regulations made by a minister with the authority of Parliament, by-laws made by local government). Statute law is more modern than common law.

In the Middle Ages a supplementary system of law, known as Equity, came into being to provide and enforce more effective protection for existing legal rights. People sent petitions to the King asking him to exercise his power of justice. The King’s chief minister, the Lord Chancellor, dealt with these grievances himself and the decisions depended upon what the Chancellor thought was "equitable” or "fair”. In the 15th century a special Court of Chancery was set up and a system of rules called "rules of Equity” developed as distinguished from "rules of Common Law”. The Common Law Courts and the Court of Chancery existed as independent courts until 1873. Thus, English law consists of the rules of Common Law and Equity, embodied in precedents, changed or supplemented in part by Acts of Parliament.

II. Ответьтенавопросы.

1. Is there a single body of law in the United Kingdom?

2. What are the sources of law in the United Kingdom?

3. What is Common law based on?

4. What do Statutes comprise?

5. How was the King’s chief minister called?