In the Texas Law Making Process, What Happens After a Bill First Reading?

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В некоторых странах смертная казнь считается мерой, без которой невозможно остановить распространение наркотиков, ликвидировать политический терроризм, экономическую кор­ рупцию или искоренить супружескую неверность. Однако нет никаких доказательств, что ее применение способно снизить уровень преступности или политического насилия. Смертную казнь часто используют как средство политических репрессий, а смертные приговоры выносятся и приводятся в исполнение произвольно.

Оправдывая смертную казнь, чаще всего говорят, что она необходима, по крайней мере временно, для блага общества.

Однако имеет ли государство право лишать человека жизни?

Смертная казнь — это предумышленное и хладнокровное убийство человека государством. Само существование этой меры наказания является попранием основных прав человека: меж­дународное право запрещает жестокие, негуманные или унижа­ющие человека наказания.

Многовековой опыт применения высшей меры наказания и научные исследования о взаимосвязи смертной казни и уровня преступности не дали убедительных доказательств, что смерт-

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Only English. Английский для юристом

Chapter Ii. Crime and Penalisation

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ная казнь способна эффективно защитить общество от преступности или способствовать правосудию. Ни одна система уголов­ной юстиции не доказала свою способность последовательно и справедливо решать, кто должен жить и кто — умереть. Некото­рым удается избежать смертной казни с помощью квалифици­ рованных защитников; другим — потому что их судят мягко­ сердечные судьи или присяжные; третьим помогают их полити­ческие связи или положение в обществе.

Существует определенный процент судебных ошибок, последствия которых особенно трагичны при приведении смертно­ го приговора в исполнение.

TASK five. Study the following facts and arguments:

Fiscal Costs

The death sentence is not now, nor has information technology e'er been, a more than economic culling to life imprisonment. A murder trial normally takes much longer when the expiry penalisation is at issue than when information technology is not. Litigation costs — including the time of judges, prosecutors, public defenders, and court reporters, and the high costs of briefs — are all borne by the taxpayer.

Inevitability of Error

In 1975, simply a year before the Supreme Court affirmed the constitutionality of capital punishment, two African-American men in Florida were released from prison after twelve years awaiting execution for the murder of ii white men. Their convictions were the consequence of coerced confessions, erroneous testimony of an alleged eyewitness, and incompetent defense counsel. Though a white man eventually admitted his guilt, a nine-year legal battle was required before the governor would grant them a pardon. Had their execution non been stayed while the constitutional condition of the death penalty was argued in the courts, these two innocent men probably would non exist live today.

Barbarity

The latest mode of inflicting the decease penalty, enacted into law past nearly two dozen American states, is lethal injection, first used in Texas in 1982. It is easy to overstate the humaneness and efficacy of this method. There is no fashion of knowing that it is really painless. Equally the U.S. Courtroom of Appeals observed, there is "substantial and uncontroverted evidence ... that execution by lethal injection

poses a serious risk of brutal, protracted decease.... Even a slight error in dosage or administration can exit a prisoner conscious but paralysed while dying, a sentient witness of his or her own asphyxiation."

Deterrence

Gangland killings, air piracy, drive-by shootings, and kidnapping for ransom are among the graver felonies that keep to exist committed considering some individuals think they are too clever to get defenseless. Political terrorism is usually committed in the name of an ideology that honors its martyrs; trying to cope with it by threatening terrorists with death sentence is futile.

Chore six. The following key notes represent the full general ideas of the opponents of death penalty. Use the arguments and examples from Job 5. Write downward the consummate text using these central notes and nowadays your text in form:

1. 
   We shouldn't exist blinded by emotional arguments: glorification
   of criminal on screen, etc., irrelevant.
   
2. 
   What are the facts? In Britain majuscule law-breaking has non increased
   since suspension of death sentence.
   
3. 
   This has been proved many times in the past: relaxation of
   harsh laws has never led to increment in crime.
   
4. 
   Therefore the 'deterrent' statement is absurd: upper-case letter
   penalisation has never protected anyone.
   
5. 
   Those in favour of upper-case letter punishment are motivated simply
   by desire for revenge and retaliation.
   
6. 
   At that place has been a marked trend in society towards the
   humane treatment of less fortunate members.
   
7. 
   Compare the treatment of the insane in the past with today.
   
8. 
   Hanging, electric chairs, garroting, etc., are barbaric practices,
   unworthy of human beings.
   
9. 
   Interruption of capital penalization is enlightened and civilised.
   

10. 
    Capital punishment creates, it does not solve, issues.
    
11. 
    Solution lies elsewhere: society is to blame.
    

10. 
    Overcrowding, slums, poverty, broken homes: these are the
    factors that lead to crime.
    
11. 
    Criminal offence can only exist drastically reduced by the elimination
    of social injustices — not by creating so-called 'deterrents'
    when the real problems remain unsolved.
    

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Only English. Английский для юристов

DEBATE

There is no room for death penalty in a civilised society.

Use the data and the vocabulary from the Unit to argue the statement higher up.

Chapter HI LAW ENFORCEMENT

Chapter Three. Law Enforcement

Merely English. Английский для юристов

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UNIT 1. THE HISTORY OF Law FORCES

BRAINSTORM

The word Constabulary ways, mostly, the arrangements fabricated in all civilised countries to ensure that the inhabitants keep the peace and obey the police force. The give-and-take also denotes the forcefulness of peace officers (or police) employed for this purpose.

Which of the following actions can be performed by a POLICE OFFICER? Sort out the odd words. Explain your selection.

to auscultate

to defend in court

to convict

to detain

to imprison

to investigate

to lock up

to safeguard

to plead guilty

to search

to seize

to sentence

to take into custody

Chore 1. Read the text and translate the sentences given in bold blazon in writing:

From the History of Constabulary Forces

Police force is the agency of a customs or government that is responsible for maintaining public guild and preventing and detecting crime. The bones police mission — preserving social club by enforcing rules of comport or laws — was the aforementioned in ancient societies as information technology is in the contemporary sophisticated urban environments.

The conception of the law force equally a protective and law enforcement organisation developed from the use of war machine bodies as guardians of the peace, such every bit the Praetorian Guard — bodyguard of the ancient Roman emperors. The Romans achieved a high level of police force enforcement, which remained in effect until the turn down of the empire and the onset of the Middle Ages.

During the Middle Ages, policing authorisation was the responsibleness of local nobles on their individual estates. Each noble

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by and large appointed an official, known as a constable, to carry out the law. The constable's duties included keeping the peace and arresting and guarding criminals. For many decades constables were unpaid citizens who took turns at the job, which became increasingly burdensome and unpopular. By the mid-16^th century, wealthy citizens often resorted to paying deputies to assume their turns every bit constables; as this practice became widespread, the quality of the constables declined drastically.

Constabulary forces adult throughout the centuries, taking various forms. In France during the 17^th century Rex Louis XIV maintained a small-scale cardinal police organisation consisting of some forty inspectors who, with the aid of numerous paid informants, .supplied the regime with details about the conduct of private individuals. The king could and then practice the kind of justice he saw fit. This system continued during the reigns of Louis 15 and Louis 16. Subsequently the French Revolution, two split up law bodies were set up, one to handle ordinary duties and the other to deal with political crimes.

In 1663 the city of London began paying watchmen (generally onetime men who were unable to find other work) to guard the streets at night. Until the end of the 18^th century, the watchmen — as inefficient as they were — along with a few-constables, remained the only course of policing in the city.

The inability of watchmen and constables to curb lawlessness, particularly in London, led to a demand for a more than effective forcefulness to deal with criminals and to protect the population. After much deliberation in Parliament, the British statesman Sir Robert Peel in 1829 established the London Metropolitan Police, which became the world's first modern organised constabulary force.

The forcefulness was guided by the concept of crime prevention as a primary police force objective; it too embodied the belief that such a force should depend on the consent and cooperation of the public, and the thought that police constables were to exist civil and courteous to the people. The Metropolitan Police force force was well organised and disciplined and, afterward an initial period of public skepticism, became the model for other law forces in Keen Britain. Several years afterwards the Purple Irish Police was formed, and Australia, Republic of india, and Canada soon established like organizations. Other countries followed, impressed by the success of the program, until nations throughout the world had adopted constabulary systems based on the British model. The development of the British police arrangement is especially significant because the pattern

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Just English. Английский для юристов

Chapter III. Constabulary Enforcement

71

that emerged had slap-up influence on the style of policing in near all industrial societies.

In the U.S., the start full-time organised law departments were formed in New York Urban center in 1845 and shortly thereafter in Boston, not just in response to offense just also to control unrest. The American police force adopted many British methods, merely at times they became involved in local politics. The British law, on the other mitt, have traditionally depended on loyalty to the law, rather than to elected public officials, as the source of their say-so and independence.

Chore 2. Answer the following questions:

1. 
   What is the basic police mission?
   
2. 
   How did the police force forcefulness as constabulary enforcement organization
   arise and develop?
   
3. 
   Why did the quality of the constables in England decline?
   
4. 
   How were policing functions performed in French republic?
   
5. 
   What was the form of policing London in the 17^th century?
   
6. 
   Why was there a need for a more than effective force to deal
   with criminals in England?
   
7. 
   What factors brought well-nigh the institution of the
   Metropolitan Law Forcefulness?
   
8. 
   What principles were the British police guided past?
   
9. 
   Why did the Metropolitan Constabulary Strength become the model
   for other police forces in Uk and abroad?
   

x. Why is the development of the British law organization
peculiarly significant?

Job 3. Observe in the text higher up the English language equivalents for the following words and expressions:

8. 
   раскрывать преступления
   
9. 
   сдерживать рост
   преступности
   

10. 
    следить за соблюдением
    законов
    
11. 
    постоянно действующая
    организация
    
12. 
    полицейские структуры
    
13. 
    обеспечение правопорядка
    
14. 
    блюститель порядка
    

1. 
   дебаты в парламенте
   
2. 
   обеспечивать соблюдение
   правил поведения
   
3. 
   основная задача
   полиции (2)
   
4. 
   оставаться в силе
   
5. 
   платный осведомитель
   
6. 
   нести полицейскую службу
   
7. 
   предупреждение
   преступности
   

Task 4. Find in the texts in a higher place the expressions containing the words 'law' and 'gild'. Continue the post-obit lists. Add more expressions using a dictionary:

to maintain public society

to enforce laws

UNIT ii. THE ORGANISATION OF POLICE FORCES

The British Police

The British law officer is a well-known figure to anyone who has visited Great britain or who has seen British films. Policeme^ are to exist seen in towns and cities keeping law and order, either walking in pairs downwards the streets ("walking the beat") or driving specially marked police force cars. Once known as 'panda cars' because of their distinctive markings, these are now often jokingly referred to as 'jam sandwiches' considering of the pink fluorescent stripe running horizontally around the bodywork. In the by, policemen were often known as 'bobbies' later on Sir Robert Peel, the founder of the police forcefulness. Nowadays, common nicknames include 'the cops', 'the fuzz', 'the pigs', and 'the One-time Bill' (particularly in London). Few people realise, however, that the law in U.k. are organised very differently from many other countries.

Most countries, for case, have a national law force which is controlled by central Regime. Britain has no national police force force, although law policy is governed by the central Government's Home Office. Instead, in that location is a separate constabulary force for each of 52 areas into which the country is divided. Each has a police authority — a committee of local county councillors and magistrates.

The forces co-operate with each other, but it is unusual for members of one forcefulness to operate in another'southward area unless they are asked to give assistance. This sometimes happens when there has been a very serious crime. A Principal Constable (the near senior police officeholder of a force) may sometimes ask for the assist of London'south law force, based at New Scotland Chiliad — known but as 'the Yard'.

In most countries the police deport guns. In U.k., however, this is extremely unusual. Policemen exercise not, as a dominion, deport firearms in their twenty-four hours-to-twenty-four hours work, though certain specialist units

72

Just English language. Английский для юристов

Chapter Three. Law Enforcement

73

are trained to do so and can be called upon to aid the regular police force in situations where firearms are involved, e.g. terrorist incidents, armed robberies etc. The simply policemen who routinely acquit weapons are those assigned to guard politicians and diplomats, or special officers who patrol airports.

In sure circumstances specially trained law officers tin exist armed, simply simply with the signed permission of a magistrate.

All members of the police must have gained a certain level of academic qualifications at school and undergone a period of intensive grooming. Like in the army, there are a number of ranks: after the Principal Constable comes the Banana Chief Constable, Chief Superintendent, Chief Inspector, Inspector, Sergeant and Constable. Women make up about x per cent of the constabulary force. The police are helped by a number of Special Constables — members of the public who work for the constabulary voluntarily for a few hours a calendar week.

Each police strength has its own Criminal Investigation Department (CID). Members of CIDs are detectives, and they do not wear uniforms. (The other uniformed people you lot meet in British towns are traffic wardens. Their job is to make sure that drivers obey the parking regulations. They take no other powers — it is the police who are responsible for decision-making offences like speeding, careless driving and drunken driving.)

The duties of the police are varied, ranging from assisting at accidents to safeguarding public order and dealing with lost property. Ane of their main functions is, of course, apprehending criminals and would-be criminals.

Job one. Answer the following questions: >

1. 
   Who was the founder of the British law?
   
2. 
   What does "walking the beat out" mean?
   
3. 
   Why are British law cars called 'jamsandwich' cars in
   colloquial speech?
   
4. 
   Is there a single police force, organised by central
   government?
   
5. 
   What is the major departure in police organisation between
   Uk and some other countries?
   
6. 
   When do British law forces co-operate with each other?
   
7. 
   What is the name of London'due south law headquarters?
   
8. 
   In what situations can policemen carry artillery?
   
9. 
   What are the ranks of policemen?
   

10. 
    What is the job of CID officers?
    
11. 
    What are the duties of traffic wardens?
    

TASK 2. Read the text and fill in the gaps with the advisable words and expressions from the previous text:

In Britain different areas accept different

case, the Metropolitan constabulary operate in London, but there are unlike police forces in the counties outside London.

The top man in each police force is . He is

appointed by the local Spotter Commission which is a

of the local government. The Picket Committee can dismiss him,
also, if the central government agrees. The Master Constable
appoints all the below him in his force.

Things are slightly different in London. The tiptop human being is known equally the Metropolitan Law Commissioner and his appointment is arranged through the cardinal government.

British police are normally not . In special cases,

when their work becomes dangerous, they tin can be given
however.

As is well known, the of the British policeman

is blue, with a tall helmet. These days, though, you can come across a different uniform in the streets. This is the uniform with the

yellow hatband worn by . Their job is merely to control

traffic and .

The almost famous proper name connected with the British law is It is the headquarters of the London police force.

Besides dealing with local constabulary matters, the London police likewise assist all over England and Wales with difficult crimes. They do this at the asking of the local police.

TASK 3. Render the following text into English using the information and vocabulary from the texts above:

В Великобритании существует 52 полицейских подразде­ления: 43 в Англии и Уэльсе, 8 в Шотландии и 1 в Северной Ирландии. Столичная полиция и Полиция лондонского Сити отвечают за охрану общественного порядка в Лондоне. Кроме того, специальное подразделение транспортной полиции пат­рулирует железнодорожную сеть, а также метро Лондона.

Полицейская служба финансируется центральным прави­тельством и местными властями. Каждое полицейское подраз­деление имеет своих специальных констеблей-добровольцев, которые работают в полиции в свободное время и помогают кадровым офицерам полиции, причем их работа не оплачива­ется. Они являются своеобразным связующим звеном между полицией и населением.

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