UNIT CRIMINAL PROCEDURE

 PRE-READING

1) Why do people commit crimes? In five minutes write down as many

reasons for committing crimes as you can think of. Afterwards compare
with others.
2) What is criminal procedure?

 READING

Read the text and complete the table below:

Criminal Procedure is the body of law regulating the inquiry into

whether a person has violated criminal law. Criminal procedure governs the
investigation of crimes; the arrest, charging, and trial of accused criminals;
and the sentencing of those convicted (found guilty of a crime). It also
regulates the convicted person’s possible appeal for review of the trial
court’s decision.
Legal systems based on the common law tradition, such as those in
England, Canada, and the United States, are typically contrasted with civil
law systems, which are found in many Western European countries, much
of Latin America and Africa, and parts of Asia. Civil law and common law
systems have entirely different approaches to criminal procedure. Most
countries with civil law systems use what is known as the inquisitorial
system. Common law countries use what is called the adversarial system.
The inquisitorial process is characterized by a continuing
investigation conducted initially by police and then more extensively by an
impartial examining magistrate. This system assumes that an accurate
verdict is most likely to arise from a careful and exhaustive investigation.
The examining magistrate serves as the lead investigator – an inquisitor

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who directs the fact-gathering process by questioning witnesses,
interrogating the suspect, and collecting other evidence. The attorneys for
the prosecution (the accuser) and defense (the accused) play a limited role
in offering legal arguments and interpretations that they believe the court
should give to the facts that are discovered. All parties, including the
accused, are expected to cooperate in the investigation by answering the
magistrate’s questions and supplying relevant evidence. The case proceeds
to trial only after completion of the examining phase and the resolution of
factual uncertainties, and only if the examining magistrate determines that
there is sufficient evidence of guilt. Under the inquisitorial approach, the
trial is merely the public finale of the ongoing investigation. Critics argue
that the inquisitorial system places too much unchecked power in the
examining magistrate and judge, who both investigate and adjudicate the
case.
In a common law, an adversarial approach is used to investigate
and adjudicate guilt or innocence. The adversarial system assumes that truth
– that is, an accurate verdict – is most likely to result from the open
competition between the prosecution and the defense.
Primary responsibility for the presentation of evidence and legal arguments
lies with the opposing parties, not with a judge. Each side, acting in its self-
interest, is expected to present facts and interpretations of the law in a way
most favorable to its interests. The approach presumes that the accused is
innocent, and the burden of proving guilt rests with the prosecution.
Through counterargument and cross-examination, each side is expected to
test the truthfulness, relevancy, and sufficiency of the opponent’s evidence
and arguments.
The adversarial system places decision-making authority in the hands of
neutral decision makers.
The judge ascertains the applicable law and jury determines the facts.
Critics of the adversarial approach argue that the pursuit of winning often
overshadows the search for truth.
Furthermore, inequalities between the parties in resources and in the
abilities of the attorneys may distort the outcome of the adversarial contest.

Investigation Role played

Phases
System Countries (conducted by Drawbacks
(steps)
by) attorneys

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 VOCABULARY PRACTICE

1) Find words in the text which could be replaced by:

a) an official process, in the form of serious of meetings, intended to

find out why something happened
b) to disobey or do something against an official agreement, law,
principle
c) a method of doing something, or dealing with a problem
d) fair
e) extremely thorough
f) an official who is asking lots of difficult questions
g) information given in a court of law in order to prove that someone
is guilty
h) solution
i) legally determine/decide who is right in an argument between two
groups
j) the fact of being not guilty of a crime
k) the duty to prove something
l) giving true facts about something
m) being directly connected with the subject or problem being
discussed or considered
n) the act of trying to achieve something in a determined way
o) to explain a fact or statement in a way that changes its real
meaning
p) final result

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2)   Pair Work. Ask your colleague questions and fill in the gaps.
Text for student A

The United States has a federal system, meaning that power is divided
between a (A1) authority and many state or local authorities. Thus, there are
51 different sets of criminal procedural law in the United States – that of the
federal government and one for each of the 50 states. In addition, separate
(A2) procedures exist for military courts and for federal territories. The
procedures adopted by each state and federal government vary. However,
the shared heritage of the English common law provides significant (A3) in
the basic structure of the process. Furthermore, the Constitution of the
United States imposes some limitations on the states in formulating their
criminal procedure.
Federal Criminal Procedure - A person prosecuted in the federal
courts on charge of violating a federal criminal law is subject to federal
criminal procedure. Federal procedure is (A4), first of all, by certain
provisions of the U.S. Constitution, especially those contained in the Bill of
Rights (the first ten amendments to the Constitution).
The Fourth Amendment protects citizens from unreasonable (A5) and
seizures and describes how law enforcement officials can obtain warrants
(court orders permitting a search or arrest).
The Fifth Amendment protects individuals accused of crimes from
having to testify against themselves and from being tried more than once for
the same offense. The Fifth Amendment requires that government
procedures adhere to due process of law, which means basic standards of
(A6) and equity. Under the Sixth Amendment, a (A7) is guaranteed a
speedy and public jury trial during which the defendant will get notice of
the charges he or she faces and may call witnesses and face his or her
accusers. The Eighth Amendment prohibits excessive (A8), excessive fines,
and cruel and unusual punishments.
State Criminal Procedure – A person prosecuted in the courts of a
particular state on charge of violating the criminal laws of that state is
subject to state criminal procedure. State criminal procedure is found in the
(A9), statutes, rules, and judicial decisions of that state. Furthermore,
portions of the U.S. Constitution are applicable to state criminal defendants.
State constitutions generally (A10) a state criminal defendant most of
the same rights that a federal defendant is provided by the Bill of Rights.
Some states have provisions that vary from federal constitutional

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requirements.
The Supreme Court of the United States has required states to provide
to criminal defendants most of the procedural guarantees in the U.S.
Constitution.
Text for student B

The United States has a federal system, meaning that power is divided
between a central authority and many state or (B1) authorities. Thus, there
are 51 different sets of criminal procedural law in the United States – that of
the federal government and one for each of the 50 states. In addition,
separate criminal procedures exist for military (B2) and for federal
territories. The procedures adopted by each state and federal government
vary. However, the shared heritage of the English common law provides
significant similarities in the basic structure of the (B3). Furthermore, the
Constitution of the United States imposes some limitations on the states in
formulating their criminal procedure.
Federal Criminal Procedure - A person prosecuted in the federal
courts on charge of violating a federal criminal law is subject to federal
criminal procedure. Federal procedure is governed, first of all, by certain
(B4) of the U.S. Constitution, especially those contained in the Bill of
Rights (the first ten amendments to the Constitution).
The Fourth Amendment protects citizens from unreasonable searches
and (B5) and describes how law enforcement officials can obtain warrants
(court orders permitting a search or arrest).
The Fifth Amendment protects individuals accused of crimes from
having to testify against themselves and from being tried more than once for
the same offense. The Fifth Amendment requires that government
procedures adhere to due process of law, which means basic standards of
fairness and (B6). Under the Sixth Amendment, a defendant is guaranteed a
speedy and public jury trial during which the defendant will get notice of
the (B7) he or she faces and may call witnesses and face his or her accusers.
The Eighth Amendment prohibits excessive bail, excessive (B8), and cruel
and unusual punishments.
State Criminal Procedure – A person prosecuted in the courts of a
particular state on charge of violating the criminal laws of that state is
subject to state criminal procedure. State criminal procedure is found in the
constitution, statutes, rules, and (B9) decisions of that state. Furthermore,
portions of the U.S. Constitution are applicable to state criminal defendants.
State constitutions generally guarantee a state criminal defendant most
of the same rights that a federal defendant is provided by the Bill of Rights.

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Some states have provisions that vary from federal (B10) requirements.
The Supreme Court of the United States has required states to provide
to criminal defendants most of the procedural guarantees in the U.S.
Constitution.

3) Read about Pretrial events, match the actions with their

corresponding paragraph, then sort out the correct order in which they
would normally occur by placing them in the grid:

Arraignm
enton the First
Preparati Investigati Preliminary
Indictmen Judicial
on for on and Hearing or Bail Booking
t or Appearan
Trial Arrest Indictment
Informati ce
on

The rules of criminal procedure affect many actions prior to the formal trial
of the defendant. Even before a suspect is arrested, certain procedural rules
govern the activities of the police and the rights of the suspect. After an
arrest is made, a series of events takes place leading up to either release, a
guilty plea, or a trial to determine the accused person’s guilt or innocence.
All of these events are governed by the rules of criminal procedure.

A.___ Within a reasonable time after the arrest, the accused must be taken
before a magistrate and informed of the charge. The magistrate will
ascertain that the person before the court is, in fact, the individual referred
to in the complaint (an initial charging document). The magistrate also will
notify the accused of various legal rights, such as the right to remain silent
and the right to assistance of counsel. If the accused is indigent (poor) and
desires the assistance of an appointed attorney, the process for securing an
attorney at the state's expense will be initiated (known as public defenders
in some jurisdictions, to defend those who cannot afford a private attorney).

B.___ A neutral body-either a group of citizens or a judge-reviews the case

against the accused and decides whether he or she should be tried. These
proceedings are designed to review the government's decision to prosecute

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in order to prevent governmental abuse of power. If, after hearing the
evidence, the presiding judge or grand jury finds there is probable cause to
believe the accused committed the offense, legal proceedings against the
accused continue. If the prosecution's evidence is found insufficient, the
charges are dismissed and the accused is released. However, the person can
be rearrested and recharged if the prosecutors develop or find further
evidence supporting the charge. If the grand jury finds sufficient evidence to
justify a trial on the crime charged, it issues an indictment - a formal
document containing a plain statement of the facts constituting the offense
charged. The indictment or information replaces the complaint as the formal
charging document in the case. Once the formal accusation has been issued,
the accused is referred to as the defendant. A copy of the accusation is given
to the defendant before s/he is called.

C.___ The defendant is entitled to a speedy trial, although not so speedy as

to deny sufficient time to prepare an adequate defense. The defendant may
ask for a postponement if more time is needed. Although the defendant is
entitled to be tried in the county or district where the crime was committed,
he or she may file a motion asking the court for a change of venue—that is,
a move of the trial to a court in another locality. A change of venue is
common when a fair trial in the district would be impossible due to pretrial
publicity or public hostility to the defendant. Prior to the trial, the
prosecutor is required to turn over to the defendant information favorable to
him or her on issues that will be tried.

D.___ refers to the security that the accused gives to the court to guarantee
his or her appearance at subsequent judicial proceedings. The accused
person's promise to return for trial is secured by some form of collateral,
such as money or property (fixed by the judge or magistrate), that the
accused forfeits if he or she does not show up for trial. The system attempts
to balance the due process rights of the accused with the state's need to
ensure that a person accused of a crime will return for trial.

E. ___ is the process of taking a person into custody for the purpose of
charging that person with a crime,(the first step in a criminal prosecution). It
can be made with or without a warrant. Before questioning a suspect in
custody, the police must inform him or her of certain legal rights, including
the right to remain silent and the right to have an attorney present during
questioning. These Miranda warnings are named after the 1966 Supreme
Court case, Miranda v. Arizona, in which the Court declared the necessity

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of such a procedure.
A judge may issue a warrant if either a police officer or a private person
swears under oath that the accused has committed a crime, or that a crime
has been committed and there is probable cause for believing the accused
committed it. For certain crimes, a summons (formal document notifying a
person that he or she is required to appear in court to answer a charge) may
be used in place of an arrest.

F.___ At this procedure, taking place in the court in which the defendant
will be tried, the indictment or information is read. The defendant is called
upon to answer the charge by pleading not guilty, guilty, or nolo
contendere (no contest). Before pleading, the defendant may file a formal
document, known as a motion, asking the court to dismiss the case. A judge
can dismiss the charges if, for example, he or she concludes that the grand
jury was not properly assembled or determines that the conduct charged
does not constitute a crime. If the defendant does not make such motion or
if the court denies the motion, the defendant must enter a plea. If the
defendant pleads guilty, there is no trial and the case is set for sentencing.
With the court's permission, the defendant may be allowed to plead nolo
contendere. This plea has the same consequences as entering a guilty plea,
but it does not require the defendant to admit guilt.

G.___ is the clerical process by which an administrative record is made of

the arrest. The name and address of the person arrested (sometimes referred
to as the arrestee), the time and place of arrest, the name of the arresting
officer, and the arrest charge are entered in the police log. This process can
also involve searching, fingerprinting, photographing, and testing the
arrestee for drugs and alcohol.

4)  Read the explanation of the steps in either a criminal or civil trial.

)a Opening Statement by Plaintiff or Prosecutor – plaintiff’s

attorney (in civil cases) or prosecutor (in criminal cases) explains
to the trier of fact the evidence to be presented as proof of the
allegations (unproven statements) in the complaint or indictment.
)b Opening Statement by Defense – defendant’s attorney explains
evidence to be presented to deny the allegations made by the
plaintiff or prosecutor.
)c Direct Examination by Plaintiff or Prosecutor – each witness for

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 the plaintiff is questioned. Other evidence (e.g., documents,
physical evidence) in favor of the plaintiff or prosecution is
presented.
)d Cross Examination by Defense – the defense has the opportunity
to question each witness. Questioning is designed to break down
the story or to discredit the witness in the eyes of the jury.
)e Motions – if the prosecution’s or plaintiff’s basic case has not been
established from the evidence introduced, the judge can end the
case by granting the defendant’s motion to dismiss (in civil cases)
or by entering a directed verdict (in criminal cases).
)f Direct Examination by Defense – each defense witness is
questioned.
)g Cross Examination by Plaintiff – each defense witness is cross-
examined.
)h Closing Statement by Plaintiff – prosecutor or plaintiff’s attorney
reviews all the evidence presented (noting uncontradicted facts),
states how the evidence has satisfied the elements of the charge,
and asks for a finding of guilty (in criminal cases) or for the
plaintiff (in civil cases).
)i Closing Statement by Defense – same as closing statement by
prosecution/plaintiff. The defense asks for a finding of not guilty
(in criminal cases) or for the defendant (in civil cases).
)j Rebuttal Argument – prosecutor or plaintiff has the right to make
additional closing arguments.
)k Jury Instructions – judge instructs jury as to the law that applies in
the case.
)l Verdict – in most states, a unanimous decision is required one way
or the other. If jury cannot reach a unanimous decision, it is said to
be a hung jury, and the case may be tried again.

5)  Read the texts, then provide titles.

)a After a guilty verdict is issued, but generally before sentencing, the
convicted defendant may make a motion for a new trial on the
premise that a mistake prejudicial (harmful) to the defendant was
made at the trial. Prejudicial errors include errors in the judge’s
rulings on the admissibility of evidence or instructions to the jury,
or some misconduct by the jury, judge, or prosecutor. The

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 defendant may also move for a new trial based on the argument
that the evidence was not sufficient to support the jury’s guilty
verdict. A motion for a new trial on the basis of newly discovered
evidence that, had it been available at the trial, might have resulted
in an acquittal may be made after the defendant has been
sentenced; however, there is generally a time limit on this. If the
trial judge grants the motion for a new trial, the conviction is set
aside and the defendant may be tried again by a new jury. If the
motion is denied, the defendant will be sentenced.

)b Once guilt has been determined, either by verdict following a trial

or by the entry of a guilty plea, the defendant must be sentenced.
Generally, the trial judge imposes the sentence, which must be
within the statutory limits set by the legislature for the crime in
question. In a few states, the jury fixes the sentence. Available
sentences include fine, forfeiture (loss of property), restitution,
probation, some form of incarceration or deprivation of liberty, or
a combination of these. For certain very serious offenses, the
convicted offender may be sentenced to death.
The sentencing options available to the judge are often defined by
the legislature. In jurisdictions that use indeterminate sentencing,
the judge has discretion to set the sentence at a maximum and
minimum term within a broad range permitted by law. Parole
authorities then determine the actual release date within those
limits depending on the prisoner'’ behavior and progress toward
rehabilitation. In contrast, a determinate sentence imposes a fixed
term of incarceration with no early release through parole. In
jurisdictions that use presumptive sentencing, the judge sentences
the offender to a term that falls within a narrow range prescribed
by the legislature, and offenders are expected to serve this term.
However, a judge may permit a departure from this presumptive
sentence – either an increase or decrease in the length of the term –
if specific justification is shown. Legislators often spell out in
detail the factors that justify a judge’s departure from the
presumptive sentence. Some states have enacted statutes that
provide for long and often mandatory terms of imprisonment upon
proof that the defendant has a prior record of criminal activity.

)c Judges often have the option to place a convicted offender on

probation. Probation means the offender will remain in the

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 community (rather than be sent to jail) subject to certain conditions
prescribed by statute or by the judge. One condition of probation
is supervision by a probation officer. If the offender violates the
conditions of probation, probation can be revoked and the offender
can be incarcerated.
)d In many jurisdictions, a defendant sentenced to prison may be
eligible for release on parole after a portion of the sentence has
been served. Parole authorities grant parole based on factors such
as the prisoner’s behavior while in jail and the predicted potential
for the prisoner to refrain from further criminal activity. The
possibility of parole does not exist for some serious criminal
offenders. If parole is granted, the person on parole (known as the
parolee) remains under the supervision of a parole officer until the
expiration of the sentence or a term otherwise specified by law. If
the parolee violates the conditions of parole, the parole authorities
may revoke parole, returning the parolee to prison for the
remainder of the unexpired sentence.

)e A convicted criminal may appeal his or her conviction and

sentence to a higher court, known as an appellate court. The
appellate court will review all or part of the written record of what
transpired at the trial to determine whether any error prejudicial to
the defendant was made. If any such error occurred, as where the
trial court erred in its rulings on the admissibility of evidence or in
its instructions to the jury on the law to be applied, the appellate
court usually remands (returns) the case for a new trial.
Sometimes, however, the error is of a type that leads to a reversal
of conviction and the release of the defendant. For example, if the
trial court incorrectly refused to declare unconstitutional the statute
on which the prosecution was based, the appellate court would
nullify the conviction, and the defendant would go free. In such a
situation a new trial based on the unconstitutional statute is not
permitted. If the appellate court finds no error or deems any errors
harmless – that is, not substantial and not prejudicial to the
interests of the defendant – it affirms the conviction.

6)  Read the texts below (marked A,B,C,D,E) and then match each text with
the corresponding headline:

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The Effects of Incarceration; Sentencing; Imprisonment Is Not
Effective; Restraining Violent Criminals; Jail & Prison Conditions.

A. Since 1980, the United States has engaged in the largest and most
frenetic correctional buildup of any country in the history of the
world. During this time the number of Americans in prison and jail
has tripled to 1.5 million. For some minority groups, the rate of
incarceration has increased tenfold. About 50 million criminal
records - enough to cover nearly one-fifth of the entire U.S.
population - are stuffed into police files. Hundreds of billions of
dollars have poured from taxpayers' checking accounts into penal
institutions and the businesses that service them. One would think
the extraordinary expansion of the criminal justice system would
have made at least a small dent in the crime rate. The increase in
the prison population did not reduce crime nor did it make
Americans feel safer. In fact, some criminologists have argued that
the overuse of the penal system for so many small-time offenders
has actually created more crime than it has prevented.

B. Anyone who has been handcuffed by police knows how deeply

humiliating the experience can be. Imagine the effects of spending
even a night in the bizarre and violent sub-culture of most jails.
Each person booked is fingerprinted and photographed for their
criminal record . Sexual assaults are frequent and usually go
unpunished. As ever more young men and women are socialized to
the cell blocks and then are returned to the streets, the violent
subculture of the correctional facility increasingly acts as a vector
for crime in our communities. Prisons and jails thus have a dual
effect: they protect society from criminals, but they also contribute
to crime by transferring their violent subculture to our community
once inmates are released.

C. For those concerned with public safety as well as vengeance, the

issue of jail and prison conditions becomes more complicated. We
all want inmates to feel the sting of punishment and loss of
freedom. On the other hand, it does not serve public safety to so
frustrate inmates that they return to the streets embittered and
angry. Jail and prison conditions exert a significant influence on
whether an inmate becomes productive upon release or resumes
criminal behavior. More than nine out of ten inmates currently in

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 prison will be released at some point.

D. Many Americans believe convicted criminals get off easy, and they
are partially right. Some offenders get off lightly for serious crimes
while others pay too great a price for lesser offenses. A vivid
illustration of this phenomenon can be seen by comparing the time
served of murderers to first-time drug offenders in the federal
system. In 1992, federal prisons held about 1,800 people convicted
of murder for an average time served of 4 1/2 years. That same
year, federal prisons held 12,727 nonviolent first-time drug
offenders for an average time served of 6 1/2 years. No other
nation treats people who commit nonviolent crimes as harshly as
the United States.

E. The justice system imprisons only a small fraction of all offenders,

including only a small fraction of all violent offenders. Not
surprisingly, therefore, those who really do go to prison in this
country today are almost without exception the worst of the worst
predatory career criminals. Not only are their official criminal
records punctuated by many different types of serious crimes; they
commit tremendous numbers of violent and other crimes that go
wholly undetected, unprosecuted, and unpunished.
7) Below you see the story of an extraordinary case in British legal
history. The affair started in 1949 and was finally closed in 1966.
At the moment, there are a number of gaps in the story. Use the words
below to complete it.

trial Confessed court custody guilty

convicted enquiry (2) sentenced jury execution
arrested Innocent charged appeal dropped
pardon Judges plea apprehend hunt
suspect Tried executed statements denied

The story began when a man called Timothy Evans was 1… for the
murder of his wife and baby. He was 2… with the double murder, but a
short time later one of the charges was 3… and he was 4… for the
murder of his daughter only. During the 5…Evans accused the man
whose house he had been living in, John Christie, of the crimes, but no
attention was paid to him. The 6… found Evans 7… and he was 8… to
death. An 9… was turned down and he was 10… in 1950.

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 Some time later, more women’s bodies were discovered in
Christie’s house: two, three, four, five, six. John Christie was the
police’s chief 11… and they started a nationwide 12… for him. He was
soon 13…. Alleged 14… by Christie while he was in 15… cast doubt
on the Evans hanging. When he went to 16… , Christie 17 … that he
had murdered Mrs. Evans, but in private it was said that he 18… to that
crime. His 19… of insanity with regard to other murders was rejected
and he was 20… of killing his wife.
Soon afterwards there was an 21… into the 22… of Timothy
Evans. The 23… decided that justice had been done and Evans had
been rightly hanged. It was only in 1966 that another 24… was set up.
This time it was decided that Evans had probably been 25… and he
was given a free 26… . Better later than never, as they say.

8) Study the following words:

alibi/excuse

As a legal term, alibi has to do with a plea made by the defense to

prove that the accused was somewhere other than at the scene of the crime
and therefore could not have committed it. In informal usage, however, alibi
is simply another word for excuse; that is, a reason given for some action or
behavior ( as in “What`s your alibi for being late?”).

criminal/felon

A criminal or offender is a person guilty, or legaly convicted, of a

crime. Although a culprit can be a person only accused of or charged with
the commission of a crime, the word also commonly refers to someone who
has been found guilty. If the crime is serious enough to be classified as a
felony, the person might be referred to by the legal term felon. A convict is
a person who not only has been guilty of a crime but, as a result of that
conviction, is serving a sentence in a jail, prison, or penitenciary. A person
who is confined in prison following conviction of a crime might be called a
prisoner, as might someone who, having been accused of a crime, is held in
custody or released on bail while on or awaiting trial.

felony/ misdemeanor

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 A crime is an act either committed in violation of a law prohibiting
it or omitted in violation of a law ordering it. A felony is a major crime,
such as murder, arson, rape, robbery, or kidnapping, for which the usual
penalty is more than a year`s imprisonment in a penitentiary, with or
without a fine, or even death. A misdemeanor is a less serious crime, such
as breaking a municipal ordinance, for which the penalty is usually a fine, a
jail sentence of less than a year, or both.
Because a misdemeanor is a crime, it may seem odd to title a film
Crimes and Misdemeanors, as Woody Allen did. But Black`s Law
Dictionary offers an explanation:” Crime`and`misdemeanor,`properly
speaking, are synonymous terms; though in common usage `crime` is made
to denote such offenses as are of a more serious nature.” In archaic usage,
the U.S. Constitution ( article II, section 4) provides for the removal from
office of the President, Vice President, and all civil officers “ on
impeachment for, and conviction of, treason, bribery, or other high crimes
and misdemeanors.”

homicide/ murder

The kiling of one human being by another is homicide. Although

homicide is a necessary ingredient in both murder and manslaughter, it is
not necessarily a crime in itself. That is, it may be committed without
criminal intent and without criminal consequences, as in the lawful
execution of a judicial sentence, in self- defense when one`s life is
endangered, or as the only way to arrest an escaping felon. According to
Black`s Law Dictionary, “the term`homicide` is neutral; while it describes
the act, it pronounces no judgment on its moral or legal quality”.
Both murder and manslaughter, however, are crimes. In most
states, a person faces the charge of murder in the first degree (or first-
degree murder) if he or she kills another unlawfully and maliciously or with
premeditation; with atrocity or cruelty ( as by poison, starvation, mayhem,
or torture); by lying in wait for the victim; or while committing or
attempting to commit a serious felony such as arson, rape, robbery, or
burglary. All other kinds of murder are considered murder in the second
degree( or second-degree murder).
Manslaughter is also the unlawful killing of another, but without
malice aforethought, either expressed or implied. There are two kinds of
manslaughter; voluntary( resulting from a sudden quarrel or heat of
passion)and involuntary( resulting from the failure to exercise due caution

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or circumspection in the performance of a lawful act, so as to safeguard
humanlife or from the commission of an unlawful but not felonious act).
Still another unlawful killing is assassination, in which the victim
is likely to be a politically important person. This kind of murder is
committed by surprise attack, usually for payment or from zealous belief.

jail/prison

A jail is typically a building, though it may be a lockup inside a

police station, for the confinement of those who are awaiting trial or who
have been convicted of minor offenses( misdemeanors). Local police
departaments usually administer city jails, and sheriffs` offices usually
administer country jails. People convicted of major crimes( felonies) are
likely to be confined in a prison or penitentiary, these words being used
interchangeably.
Another type of penal institution( the generic term for all places of
confinement for those adjudged guilty of a crime) is a reformatory, or
house of correction, where juveniles convicted of lesser offenses are sent
for training and discipline intended to reform rather than punish them. A
penitentiary for women is sometimes called a reformatory as well.

Gaol and jail came into Middle English at more or less the same time from
two French dialects. Gaol represents Norman French, gaiole, gayolle, or
gaole; jail the central and Parisian Old French jaiole, geole( modern French
geole). The Norman French version would have been pronounced with a
hard g, as in <goat>.
In the I7th century there seems to have been some controversy as to which
was the correct form; one quotation in OED reads, `they cannot come to a
Resolution … whether they shall say Jayl or Gaol`. This now seems to be
resolved with a typically British compromise; the word is always
pronounced jail but is spelt gaol in official use. In literary use either spelling
may be used. The Americans just use jail.

9) Match the list of criminals in column A with the descriptions in column B.

A B
A person who steals things from a
1) an assassin a.
shop
b. A person who breaks into houses to
2) a blackmailer
steal things.

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 A person who kills an important
3) a shoplifter c. person, possibly for political
reasons.
A person who demands money from
4) a hijacker d. a person about whom they have
secret information.
A person who commits violent acts
5) a robber e.
for political purposes.
A person who takes money from a
6) a burglar f.
bank (or another person)
A person who keeps someone
7) a terrorist g.
prisoner until they are given money.
A person who steals money from
8) a pickpocket h.
people’s bags or pockets.
A person who takes control of a
9) a rapist i.
plane by force.
A man who attacks a woman for
10) a kidnapper j.
sexual purposes.

Number each crime according to how serious you think it is. Put
number 1 for the most serious and number 10 for the least serious.
Afterwards compare with your neighbors.

shoplifting drunken driving

rape assault (physically attacking someone )
Tax evasion armed robbery
vandalism selling hard drugs
smoking hashish murder

10) Select a scene and time for a crime.

Two students are the “suspects”. They are sent outside and instructed to
prepare an “alibi” for one another. This means they have to invent and be
prepared to describe a situation during the period of the crime, in which
they were in each other’s company and can therefore vouch for each other’s
innocence. Meanwhile the “suspects” prepare their story to try to anticipate
questions and give exactly corresponding versions of their alibi. After ten
minutes of preparation, the first suspect is called in and asked questions
about his/her movements and actions during the crucial time. Then the
second. If they do in fact corroborate each other’s stories, they are

17
“innocent”; but if there are inconsistencies and contradictions, they are
“guilty”.

11) Choose the right answer.

1. The policeman asked the suspect to make a(n) ….. .

a) account b) declaration c) deposition d) statement

2. The unruly ….. was broken up by the police.

a) collection b) congregation c) group d) mob

3. Prince Andrew was found dead in his palace this morning.

The police have …..any suggestion of foul play.
a) discounted b) neglected c) omitted d) overlooked

4. The chief of police said that he saw no ….. between the

four murders.
a) communication b) connection c) join d) joint

5. The detective stood ….. behind the door waiting for the
assailant.
a) immovable b) lifeless c) motionless d) static

6. The police arrested the wrong man mainly because they

….. the names had been given by the witness.
a) bewildered b) confused c) merged d) puzzled

7. The police ….. off the street where the bomb had gone
off.
a) battened b) cordoned c) fastened d) shuttered

8. The police set a ….. to catch the thieves.

a) device b) plan c) snare d) trap

9. The police asked if I thought I could ….. the man who

stole my car if I looked at some photos.
a) certify b) identify c) justifyd) verify

10. The policeman was ….. when he saw a light in the office.
a) deductive b) disturbing c) suggestive d) suspicious

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 11. The inspector was a very ….. man and he rechecked the
evidence several times.
a) attentive b) complete c) thorough d) thoughtful

12. The police who were ….. the crime could find no clues at
all.
a) enquiring b) investigating ) researching d) seeking

13. We promise not to reveal your ….. if you tell us who the
murderer is.
a) anonymity b) identification c) identity d) personality

14. The police are ….. the town for the stolen car.
a) combing b) investigating c) looking d) seeking

15. The police have not yet found a possible ….. for the
murder.
a) example b) motive c) principle d) understanding

16. The police ….. their attention to the events that led up to
the accident.
a) completed b) confined c) confirmed d) contained

17. As he was caught in ….. of a gun, he was immediately a

suspect.
a) control b) handling c) ownership d) possession

18. As the result of the police ….. on the disco, ten people
were arrested.
a) entry b) invasion c) raid d) storm

19. I was informed by the police constable that he would be

forced to take me into ….. .
a) confinement b) custody c) detection d) guardianship

20. It is the responsibility of the police to ….. the laws, not to

take it into their own hands.
a) compel b) enforce c) force d) press

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 21. After the accident the policeman asked if there had been
any ….. .
a) observers b) onlookers c) spectators d) witnesses

22. The police was ….. in their examination of the murder

site.
a) concentrated b) exhausting c) intense d) thorough

23. The police made sure everyone stood well ….. of the fire.
a) away b) clear c) free d) out

24. Why don’t the police take ….. measures against crime.
a) affective b) effective c) efficient d) ineffective
12. Match each punishment with its description.

1) capital punishment a) a period of time in jail

2) corporal punishment b) being made to do specially hard

work while in prison

3) eviction c) death

4) a heavy fine d) a punishment imposed only if you

commit a further crime

5) internment e) a large sum of money to pay

6) penal servitude f) whipping or beating

7) a prison sentence g) regular meetings with a social

worker

8) probation h) removing (a person) from a house

or land by law

9) solitary confinement i) limiting the freedom of movement

especially for political reasons

10) a suspended sentence j) being imprisoned completely

alone

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13. Choose the right answer.

1) The community was angered by the …… punishment

given their friend.
a) august b) austere c) severed) vigorous

2) Those acting for the defendant propose to appeal ….. the

sentence.
a) against b) for c) out d) to

3) Mr. Tipsy was …… twenty pounds for drinking and

driving.
a) charged b) fined c) ordered d) penalized

4) The ringleader was lucky to get …… a suspended

sentence.
a) away b) off with c) through d) through to
5) After considering the case, the judge put the young
offender ….. for two years.
a) in charge b) in control c) on probation d) on trial

6) Despite the seriousness of his crime he only received a

….. sentence.
a) light b) little c) small d) soft

7) The young offenders were warned never ….. with the

members of any gang.
a) to assign b) to assimilate c) to associate d) to assume

8) As it was her first offence, the judge gave her a …..

sentence.
a) kind b) lenient c) severed) tolerant

9) The woman ….. for her husband’s life when he was found
guilty of murder.
a) bid b) debated c) disputed d) pleaded

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 10) The accused man was able to prove his innocence at the
trial and was ….. .
a) absolved b) acquitted c) forgiven d) pardoned

11) Jack the Ripper was a hardened criminal without a scrap

of ….. for his crimes.
a) penance b) pity c) remorse d) reproach

12) His sentence has been commuted to five months on the

….. of failing health.
a) bases b) causes c) grounds d) reasons

13) The prisoners had spent almost a month digging a …..

before the guards discovered it.
a) pipe b) pass c) subway d) tunnel

14) He was thrown into prison and ….. of his property.

a) confiscated b) denied c) deprived d) removed

14. Put each of the following words and phrases into its correct place in
the passage below.

accused acquit civil suits counsel

court cross-examination fault guilty
judge Jurors jury legal disputes
legislature List money officer
panel sentence swear testimony
trial witnesses

Trial by Jury

A jury is a selected group of laymen that hears the ….. in ….. and decides
the facts.
A courtroom trial in which a ….. decides the facts is called a ….. by jury.
Before each ….. term, a jury commissioner or another public ….. prepares a
panel, or large initial ….. of qualified jurors. For each trial, ….. are selected
by lot from this ….. Before the trial begins, the jurors ….. to decide the
facts fairly. They hear the ….. given by witnesses for both sides, including

22
….. . Then ….. for each side sum up, or summarize the case, and the …..
explains the applicable law in his instructions to the jury.
In ….. for financial damages, the jury must decide who is at ….. and must
determine the amount of ….. to be paid. In criminal cases, the jury must
decide whether or not the ….. is guilty “ beyond a reasonable doubt “, and
then either return a verdict of guilty, or ….. the defendant by a verdict of not
guilty. If the verdict is ….. the judge imposes the …., or punishment, within
limits that have been fixed by the …...

15. Choose the right answer.

1) There is no doubt about the outcome of the trial. The man

is a ….. criminal.
a) self-centred b) self-confessed c) self-conscious d) self-contained

2) If the terrorists are not sent to prison, there will be a

public ….. .
a) attack b) onslaught c) outcryd) recrimination

3) It is often difficult for ex-convicts to keep to the ….. and

narrow.
a) deep b) long c) straight d) wide

4) When the detectives finally trapped him, he had to ….. to

lying.
a) recourse b) resort c) resource d) retort

5) The judge recommended more humane forms of

punishment for juvenile ….. .
a) convicts b) delinquents c) sinners d) villains

6) The murdered proved to be an apparently well-behaved

….. middle-aged woman.
a) inoffensive b) offensive c) unoffending d) unsuspicious

7) He found some squatters living in his house so he asked

the court for a speedy ….. .
a) discharge b) ejection c) eviction d) expulsion

8) The witness ….. the statements made by the accused man.

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a) agreed b) confessed c) corroborated d) testified

9) A prominent local figure was ….. as co-respondent in a

divorce case.
a) accused b) cited c) nominated d) quoted

10) The whole story was a ….. of her imagination.

a) fabrication b) fantasy c) figment d) figure

11) As she was the murderer’s mother, the judge ….. the normal
restrictions on visits and let her see him.
a) abandoned b) lifted c) relinquished d) surrendered

12) The baby at the centre of the controversy has been made a
….. of court.
a) child b) progeny c) protege d) ward

13) After considering the evidence for a few hours, the Jury
came to a(n) ….. verdict.
a) unambiguous b) unanimous c) undivided d) united

14) It was a reasonable ….. to draw in the light of the

evidence.
a) assessment b) conclusion c) interpretation d) verdict

15) Ms Stickyfinger was charged with ….. the funds of the

organization.
a) misappropriating b) mislaying c) mistaking d) misplacing

16. The mistakes in these sentences have been underlined for you. Suggest a
correct or better alternative for each mistake in Parts A and B. The first one
has been done for you.

Part A

The affair remains unsolved ______case______

1 Stealing banks is on the increase. 1 _______________

2 We must be sure he receives a fair process. 2 _______________

24
 3 They found the corps in the garden. 3 _______________

4 Many people have bought false Dali 4 _______________

paintings.

5 The police examined the suspect for ten 5 _______________

hours.

6 There are austere penalties for dangerous 6 _______________

driving.

7 The little boy was able to make us a good 7 _______________

description.

8 The most famous criminals used to be held 8 _______________

on Alcatraz.

9 Everyone agrees the judge’s decision was 9 _______________

exact.

10 How can you test this man is guilty ? 10 _______________

11 Can you acknowledge the person in this 11 _______________

photo ?

12 His strange behaviour raised my suspicions 12 _______________

13 She refuses all knowledge of what 13 _______________

happened.

14 The police searched the missing boy for ten 14 _______________

days.

15 Will this proof stand up in court? 15 _______________

16 Some young people disappear without 16 _______________

track.

17 The police have been remarking his 17 _______________

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 movements.

18 He has evaded from prison several times. 18 _______________

19 The sentence was “ Not Guilty ”. 19 _______________

20 Murderers aren’t often hung these days. 20 _______________

Part B

1 The gang specialized in robbing bikes and 1 _______________

selling them.

2 I dialed a false number. 2 _______________

3 I saw a suspected person outside the shop. 3 _______________

4 You can’t do an accusation without proof. 4 _______________

5 It will be two weeks before the injury heals. 5 _______________

6 She received a life verdict for murder. 6 _______________

7 I’m going to conduct my own apology. 7 _______________

8 She was held stealing goods at a 8 _______________

department store.

9 The murdered chocked his victim with a 9 _______________

stocking .

10 There’s a big police chase for the criminals. 10 _______________

11 He was convicted to death. 11 _______________

12 I was sued and had to pay damage of £ 12 _______________

500.

13 We have a list of missing peoples. 13 _______________

26
14 These new credit cards are easy to imitate. 14 _______________

15 A lie is intended to cheat someone. 15 _______________

16 When does the murder try begin? 16 _______________

17 Laws are done to be broken. 17 _______________

18 The innocents were punished along with 18 _______________

the guilty.

19 Someone has roused the alarm. 19 _______________

 GRAMMAR PRACTICE -- PHRASAL VERBS

1. Choose the right answer.

1. To get into a building or car using force is to ___.

a. break out
b. break down
c. break in

2. To steal money from a bank by using force is a ___.

a. hold in
b. hold down
c. hold up

3. To steal or take something without asking is to ___.

a. run off with
b. do without
c. do over

4. To hurt someone badly by hitting or kicking is to ___.

a. pull them over
b. beat them up
c. put one over

5. To kill someone in informal English is to ___ with them.

27
 a. do away
b. have away
c. stay

6. To destroy something with a bomb is to ___.

a. beat it up
b. blow it up
c. knock it over

7. To take a criminal to the police is to ___.

a. turn them over
b. turn them in
c. turn them down

8. To put someone in prison is to ___.

a. lock them up
b. do them in
c. blow them up

9. To not punish someone for their crime is to ___.

a. give them over
b. let them off
c. put them away

10. To succeed in not being punished for a crime is to ___ it

a. get away with
b. make off with
c. pick through

2. Fill in the missing particle

1. The bank was held ______ by three masked men.

2. If you don't give me what I want, I'll do you ______.
3. He's dead. He was bumped ______ by another gangster.
4. The thieves broke ______ my car and took my radio.
5. The police have pulled ______ a suspect for questioning.
6. I think you should give yourself ______ to the police.
7. The car was blown ______ by terrorists.
8. He was turned ______ to the police by his best friend.
9. I put my bag down for a moment and somebody made ______ it.

28
 10. She thinks that people who harm children should be locked ______
for life.
11. She thinks that people who harm children should be put ______ for
life.
12. She thinks that people who harm children should be banged
______ for life.
13. He was informed ______ by one of his neighbours and the police
came to arrest him.
14. He grabbed the bag from me and ran ______ it.
15. I don't see why politicians who commit crimes should be let
______ so lightly.
16. The gang of youths beat ______ the old man.
17. He literally got ______ murder.
18. If I had my way, I'd lock them ______ and throw away the key!
19. The police are rounding ______ the usual suspects.
20. I'm concerned because the crime figures are going ______. We
need more police.

THE PASSIVE VOICE

1. Use the verbs in brackets in the Passive Voice:

A judge may issue an arrest warrant if either a police officer or private
person swears under oath that the accused has committed a crime, or
that a crime (to commit) and there is probable cause for believing the
accused committed it. For certain crimes, a summons may (to use) in
place of an arrest. A summons is a formal document notifying a person
that he or she (to require) to appear in court to answer a charge. A
police officer may properly make an arrest without a warrant if a felony
– serious crime – (to commit) or (to attempt) in the officer’s presence,
or if the officer reasonably believes a felony (to commit) and that the
accused did it. A police officer may also make an arrest for any
misdemeanor – minor offense – committed or attempted in the officer’s
presence. Even a private citizen may properly make a warrantless arrest
in certain limited circumstances, but such citizen’s arrests are rare.

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2. Translate into English.

a) Prietenului meu i se pun multe întrebări acum.

b) Ţi s-a recomandat să pleci.
c) Casa aceasta a fost construită cu mulţi ani în urmă.
d) Adesea mi s-a spus să mergem acolo.
e) La ora 8.00, programul TV va fi urmărit de toţi prietenii mei.
f) Cazul a fost deja discutat.
g) S-a crezut că ai spus adevărul.
h) Hoţul a fost recunoscut de unul dintre copii.
i) Am descoperit un document care a fost scris în secolul al XIX-lea.
j) Am auzit că ai fost rănit în accident.

 WRITTEN ASSIGNMENT

1. Describe the courtroom combat step by step.

2. Enlarge on:

If you steal for others, you shall be hanged yourself.

The hole calls the thief. /Ease makes thief.
A bean in liberty is better than a comfit in prison.
Punishment is lame, but it comes.

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