You Cannot Be Prosecuted if You Do Not Know That a Law Exists or Understand the Law.
Unit seven. Legal Professions
Legal Professions In Great U.k.
Who is who in the constabulary? If you lot are prosecuted for a criminal offence in Britain, you may meet the following people during your procedure through the courts: Magistrates. Magistrates are unpaid judges ordinarily chosen from well-respected people in the local community. They are guided on points of police force by an official, the clerk. There are magistrates' courts in most towns. Solicitors. After the accused person has been arrested, the first person he or she needs to come across is a solicitor. Solicitors are qualified lawyers who advise the defendant and help gear up the defense force instance. The solicitor may stand for the defendant in court. A person who is too poor to beget a solicitor will usually get Legal Aid — financial help from the state. Barristers. In more serious cases information technology is usual for the solicitor to hire a barrister to defend the accused. The barrister is trained in the law and in the skills required to argue a case in court. The barrister for the defence force volition be confronted by his or her opposite number, the prosecuting barrister who represents the land. Jurors. A jury consists of twelve men and women from the local community. They sit in the Crown Court with a judge and listen to witnesses for the defence and prosecution earlier deciding whether the accused is guilty or innocent. In Britain the person is innocent unless found guilty: the prosecution has the brunt of establishing guilt. Judges. Judges are trained lawyers, virtually ever ex-barristers who sit in the Crown Courtroom and entreatment courts. The judge rules on points of police force and makes sure that the trial is conducted properly. He or she does non make up one's mind on the guilt or innocence of the accused — that is the jury's job. However if the jury detect the accused guilty, and then the judge volition pass sentence. Coroners. Coroners have medical or legal training (or both) and ask into violent or unnatural deaths. Clerks of the court. Clerks look after administrative and legal matters in the courtroom. Sentencing. The almost common sentences are fines, prison and probation. Probation is used often with more minor offences. A person on probation must report to a local constabulary station at regular intervals, which restricts his or her motion. A sentence of community service means that the bedevilled person has to spend several hours a week doing useful piece of work in his locality. A few more than facts. Children under 10 cannot be charged with a offense. Offenders between 10 and 17 are tried by special juvenile courts. The death penalty technically still exists in Britain for some rare offences, such as treason, only is no longer used. The penalty for murder is a life sentence. This can be much less than a lifetime in prison, depending on factors such as good behaviour. The most mutual punishment for crimes — eighty per cent of the total — is a fine. Discussion list a magistrate — мировий суддя a solicitor — повірений у справах, який готує документи до суду a barrister — адвокат, який виступає в суді a juror — член журі присяжних a gauge — суддя a coroner — коронер, судмедексперт to accuse — обвинувачувати defence — захист to hire — наймати to argue — обговорювати; заперечувати innocent — невинний burden — тягар доказу prison — тюрма, в'язниця probation — умовне засудження restrict — обмежувати treason — зрада rare — рідкісний Exercise 1 Fill in the blanks. one. Magistrates are unpaid ... . 2. At that place are ... courts in well-nigh towns. iii. Solicitors are qualified ... . 4. Solicitors advise the ... and help prepare the defence instance. 5. If the instance is serious, the solicitor hires a ... to defend the accused. 6. The prosecuting barrister represents a ... . 7. A jury consists of ... men and women from local community. viii. A jury sits in the Crown Courtroom and listens to ... for the defence and prosecution. 9. A jury decides whether the defendant is ... or ... . x. Judges are trained ... who sit in the Crown Courtroom. 11. The guess will pass ... if the jury notice the accused ... . 12. The nearly mutual ... are fines, prison and probation. 13. A person on ... must written report to a local police station at regular intervals. 14. Children under 10 cannot be ... with a criminal ... . fifteen. Offenders betwixt 10 and 17 are tried by ... . sixteen. The penalty for murder is a life ... . 17. The about common punishment for crimes is a. Exercise two Read the following sentences and decide if they are true or false. 1. Juries sit in magistrates' courts. 2. Magistrates are legally qualified judges. 3. In that location are magistrates' courts in most towns. iv. Solicitors are non legally qualified. 5. The solicitor represents the accused in court. half dozen. The state helps poorer suspects to pay for their defense. 7. Barristers are hired to defend the defendant. 8. A jury consists of ten men and women from local customs. nine. Barristers sit in the Crown Court and listen to witnesses for the defence and prosecution. 10. Crown Courtroom judges decide on the guilt or innocence of the defendant. eleven. The judge passes sentence. 12. Children under 10 are tried past special juvenile courts. 13. The punishment for murder is a life judgement. 14. The most mutual punishment for crimes is probation. Exercise 3 Discover words and expressions in the text which hateful: 1. a public officer with dominance to hear and decide cases in a law court; two. say that smb has washed incorrect, broken the police, is to exist blamed; 3. not guilty; 4. system when offenders are allowed to go unpunished for their first offence while they keep to live without further breaking of the constabulary; five. limit; 6. allow the use or services of smb for fixed payment; vii. body of twelve persons who requite a decision on bug of fact in a case in a court of justice. Exercise four Answer the following questions. 1. Are magistrates legally qualified judges?. 2. Who does the accused person demand to see afterward he has been arrested? three. Who may correspond the accused in court? four. In what cases does the solicitor hire a barrister? five. How many people does a jury consist of? six. Who has the correct to decide whether the defendant is guilty or innocent? 7. Where do judges sit? 8. Whose task is it to pass judgement? 9. What are the virtually mutual sentences? 10. What does a sentence of community service mean? 11. Can children under 10 exist charged with a criminal offence? 12. Does the death sentence still be in United kingdom of great britain and northern ireland? 13. What is the punishment for murder? fourteen. What is the most mutual punishment for crimes? Exercise v Complete the following text by translating the words and expressions in brackets. Most criminal trials take place in a (Магістратському суді). Magistrates listen to all the (показання свідків) and decide whether the person accused of the law-breaking is (винен) or not. If the accused is found guilty, the magistrates usually decide on the (вирок). The magistrates are normally three Justices of the Peace chosen from the customs. In court there volition also be a solicitor who argues for (обвинувачуваний). The more than serious cases are dealt with in the (Королівському суді) in front of a gauge. A (суд присяжних) of twelve men and women (who are ordinary members of the public) decide whether the defendant is guilty or non. The (суддя) will decide on a sentence. Judges and other (юристи) who speak in Crown Courts wearable black gowns and wigs. In Crown Courts in that location are 2 (адвокати) instead of solicitors, one arguing for the prosecution and the other for the defendant. Exercise 6 Choose the correct definition for each legal profession. Translate into Ukrainian. a. magistrates d. judges f. corones b. solicitors e. jury yard. clerks of the courtroom c. barristers i. An officer interim as a judge in the lower courts. 2. A public official with authority to hear and determine cases in a law court. three. A group of people who swear to give a true decision on issues in a law courtroom. 4. An official who investigates the cause of any death thought to be violent or unnatural causes. 5. A lawyer who has the right to speak and fence in higher law courts. half-dozen. A lawyer who prepares legal documents, advises on legal matters and speaks for them in lower law courts. 7. An official who looks after administrative and legal matters in the courtroom. Practise seven Read the text and fill in the gaps with the appropriate words from the box.
In England there are no minimum except for which carries a penalty of life ... . At that place are maximum sentences for other ... . Crimes are first heard by a ... who tin can either pass sentence, or refer the crime to a ... Court with a ... and ... . Here are maximum sentences for some crimes. Sentences tin be reduced for good often by one-third or more than. "Life sentences" are rarely more than 14 years and it would be possible to release ... subsequently seven years.
Exercise nine Work in pairs and notice arguments for and confronting the death penalty. Hash out the following questions. - mild sentences are a sign of a civilized guild; - capital letter punishment is not a deterrent to murder; - the penalisation must fit the crime. Apply the post-obit words and expressions. - That's just what I think. - I see what yous hateful, but on the other hand ... - I remember then besides. - That's ridiculous. - I'yard agape I can't agree with you. Practice x Read, translate and talk over the text. SOLICITORS AND BARRISTERS England is about unique in having two different kinds of lawyers, with separate jobs in the legal arrangement. The two kinds of lawyers are solicitors and barristers. If a person has a legal trouble, he will go and see a solicitor. Well-nigh every town will take at least one. In fact there are at least 50,000 solicitors in Britain and the number is increasing. Many problems are dealt with exclusively by a solicitor. For instance, the solicitor deals with trivial crimes and some matrimonial matters in Magistrates' Courts, the lowest Courts. He prepares the example and the evidence. He actually speaks in Court for you. In a civil action he can speak in the County Court, when the instance is one of divorce or recovering some debts. In the County Courtroom the solicitor wears a blackness gown over his ordinary dress. A solicitor also deals with matters exterior Court. He does the legal work involved in buying a business firm, for case. He writes legal letters for you and carries on legal arguments exterior Court. If you lot desire to make a will, the best man to propose you is a solicitor. To qualify as a solicitor, a young man or woman joins a solicitor as a "clerk" and works for him whilst studying part time for the "Law Order" exams. Interestingly enough, it is not necessary for y'all to go to university. When you have passed all the necessary exams, you can "practice", which means you lot can offset business organisation on your own. Barristers are unlike from solicitors. Barristers are experts in the interpretation of the Police force. They are called in to advise on really difficult points. The barrister is also an expert on advancement (the fine art of presenting cases in Courtroom). Indeed, if you desire representation in whatever Court except the Magistrates' Courtroom, you must have a barrister, with one or ii exceptions. Barristers are rather remote figures. If you need one, for instance, you never encounter him without your solicitor being with him. Barrister do not have public offices in any street. They work in what are known every bit chambers, often in London. They all vest to institutions called Inns of Courtroom, which are aboriginal organizations rather like exclusive clubs. In many means the remoteness they have and, the task they do are medieval in formulation. To qualify equally a barrister y'all have to take the examinations of the Bar Council. These are different from solicitors' examinations. At that place are over 5,000 barristers in England. A good one can earn xxx,000 pounds a year. But barristers tin can become judges in an English Courtroom above a Magistrates' Court. Barristers are also plant in South Africa and New South Wales (Australia). Do 11 Reply the questions. 1. What is about unique about the English legal arrangement? 2. What kind of problems does a solicitor deal with? 3. How do you qualify equally a solicitor? four. What are barristers experts in? 5. When must you have a barrister? 6. What reasons are there for saying a barrister is rather remote? 7. How practice you qualify equally a barrister? Practice 12 Read the post-obit text and answer the questions. One of the most of import figures in the British legal organization is the solicitor. It is his chore to advise you lot on legal matters of all kinds. If you lot get into trouble with the police, you will probably enquire a solicitor to aid prepare your defence and, if the offence is to be heard in a Magistrates' Court, you can enquire a solicitor to appear for you and argue your case. If the instance goes to a college Court, the solicitor still advises you, but you lot must get a barrister to appear for you. On this record a young solicitor discussed his experience: the reasons for theft, crimes of violence and how he feels when he knows the man he is defending is guilty. He gives his reason for defending someone in these circumstances. 1. What are the two main jobs of a solicitor? 2. What does the young solicitor talk about on the record? Exercise xiii Lucifer each word or expression on the left with the correct definition. a) witness 1. everything witnesses say in court: facts, etc. b) cross-examine ii. where witnesses stand in court c) witness-box 3. someone who sees a criminal offense or an accident a) bear witness b) defence 4. ask all witnesses involved in a example questions five. to say something happened though the fact hasn't been proved yet f) allege 6. all the prove, facts, things, etc. that a solicitor can use to bear witness a man is not guilty. Practice 14 Read, translate and discuss the text. ATTORNEYS IN THE USA Growth of the Profession Today the number of lawyers in the United States exceeds 675,000. This translates to one lawyer for every 364 people. 20-five years ago there was one lawyer for every 700 people. The charge per unit at which the legal profession is growing volition probably go on to outpace charge per unit of population growth through the cease of the century. Why is a career in constabulary so pop? Market forces account for some of the allure. Nosotros know that in 1984 the average salary of experienced lawyers was 88,000 dollars. If we could include in this average the salaries of all lawyers, whatever their experience, the effigy would probably be much lower, certainly well below the 108,000 dollars average salary of physicians. But lawyers' salaries are still substantially greater than those of many other professionals. Salaries for newly minted lawyers heading for elite New York constabulary firms exceeded 71,000 dollars in 1987; some firms offered additional bonuses for clerkship feel in the federal courts and country supreme courts. The glamour of legal practice strengthens the attraction of its financial rewards. There are other reasons for the popularity of the legal profession and the keen need for legal services. Materialism and individualism in American culture encourage dispute.