UNIT 6 TYPES OF LEGAL PROFESSIONS

UNIT 6 TYPES OF LEGAL PROFESSIONS 11.10.2016 08:18

UNIT 6 TYPES OF LEGAL PROFESSIONS

   Who is who in the law? If you are prosecuted for a crime in Britain, you may meet the following people during your process through the courts:

   Magistrates. Magistrates are unpaid judges, usually chosen from well-respected people in the local community. They are guided on points of law 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 see is a solicitor. Solicitors are qualified lawyers who advise the accused and help prepare the defence case. The solicitor may represent the accused in court. A person who is too poor to afford a solicitor will usually get Legal Aid – financial help from the state.

   Barristers. In more serious cases it 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 will be confronted by his or her opposite number, the prosecuting barrister who represents the state.

   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 before deciding whether the accused is guilty or innocent. In Britain the person is innocent unless found guilty: the prosecution has the burden of establishing guilt.

   Judges. Judges are trained lawyers, nearly always ex-barristers, who sit in the Crown Court (and appeal courts). The judge rules on points of law, and makes sure that the trial is conducted properly. He or she does not decide on the accused – that is the jury’s job. However, if the jury find the accused guilty, then the judge will pass sentence.

   Coroners. Coroners have medical or legal training (or both) and inquire into violent or unnatural deaths.

   Clerks of the court. Clerks look after administrative and legal matters in the courtroom.

   Sentencing. The most common sentences are fines, prison and probation. Probation is used often with more minor offences. A person on probation must report to a local police station at regular intervals, which restricts his or her movement. A sentence of community service means that the convinced person has to spend several hours a week doing useless work in his locality.

   A few more facts. Children under 10 cannot be charged with a criminal offence.

   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, but is no longer used.

   The punishment 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 common punishment for crimes - 80 per cent of the total is a fine.

WORDS AND PHRASES

Magistrate– мировий суддя

to accuse - oбвинувачувaти

defence - зaхиcт

to hire - нaймaти

argue - oбгoвоpювaти; зaпeрeчувaти (оспоpювaти)

innocent - нeвинний

burden - тягaр дoкaзу

prison - тюрмa, в’язниця

probation - yмoвнe зacуджeння (oсуджeння)

restrict - oбмeжувaти

reason - зpaдa

rare - рідкіcний

                 EXERCISES

EXERCISE 1 Fill in the blanks:

1. Magistrates are unpaid ... .

2. There are ... courts in most towns.

3. Solicitors are qualified ... .

4. Solicitors advise the ... and help prepare the defence

5. If the case is serious, the solicitor hires a ... to accused.

6. The prosecuting barrister represents a ... .

7. A jury consists of... men and women from local .

8. A jury sits in the Crown Court and listens to ... for the and prosecution.

9. A jury decides whether the accused is ... or ... .

10. Judges are trained ... who sit in the Crown Court.

11. The judge will pass ... if the jury find the accused ... .

12. The most common ... are fines, prison and probation.

13. A person on ... must report to a local police station at intervals.

14. Children under 10 cannot be ... with a criminal ... .

15. Offenders between 10 and 1? are tried by ... .

16. The punishment for murder is a life ... .

17. The most common punishment for crimes is a ... .

EXERCISE 2 Read the following sentences and decide if they or false:

1. Juries sit in magistrates' courts.

2. Magistrates are legally qualified judges.

3. There are magistrates' courts in most towns.

4. Solicitors are not legally qualified.

5. The solicitor represents the accused in court.

6. The state helps poorer suspects to pay for their defence.

7. Barristers are hired to defend the accused.

8. A jury consists often men and women from

9. Barristers sit in the Crown Court and listen to defence and prosecution.

I0. Crown Court judges decide on the guilt or innocence of the accused.

11. The judge passes sentence.

12. Children under 10 are tried by special juvenile courts.

13. The punishment for murder is a life sentence.

14. The most common punishment for crimes is probation.

EXERCISE 3 Find words and expressions in the text which mean:

1. a public officer with authority to hear and decide cases in a law court;

2. say that smb has done wrong, broken the law, is to be blamed;

3. not guilty;

4. system when offenders are allowed to go unpunished for their first offence while they continue to live without further breaking of the law;

5. limit;

6. al low the use or services of smb for fixed payment;

7. body of twelve persons who give a decision on issues of fact in a case in a court of justice.

EXERCISE 4 Answer the following questions:

1. Are magistrates legally qualified judges?

2. Who does the accused person need to see after he has been arrested?

3. Who may represent the accused in court?

4. In what cases does the solicitor hire a barrister?

5. How many people does a jury consist of?

6. Who has the right to decide whether the accused is guilty or innocent?

7. Where do judges sit?

8. Whose job is it to pass sentence?

9. What are the most common sentences?

10. What does a sentence of community service mean?

11. Can children under 10 be charged with a criminal offence?

12. Does the death penalty still exist in Britain?

13. What is the punishment for murder?

14. What is the most common punishment for crimes?

EXERCISE 5 Complete the following text by translating the words and expressions in brackets.

   Most criminal trials take place in a (Maгіcтpaтcькoму суді), Magistrates listen to all the (пOкaзaння cвідків) and decide whether the person accused of the crime (the defendant) is (винeн) or not. If the defendant is found guilty, the magistrates usually decide on the (виpок). The magistrates are normally three Justices of the Peace chosen from the community. In court there will also be a solicitor who argues for the (oбвинувaчyвaний).

   The more serious cases are dealt with in the in front of a judge. A (cуд пpисяжних) of twelve men and women (who are ordinary members of the public) decide whether the defendant is guilty or not. The (cуддя) will decide on a sentence. Judges and other (юpиcти) who speak in Crown Courts wear black gowns and wigs. In Crown Courts there are two (aдвoкaтa) instead of solicitors, one arguing for the prosecution and the other for the defendant.

EXERCISE 6 Draw a word ladder starting with the least serious punishment and ending with the most serious.

probation

life imprisonment

suspended sentence

fine

community service

disqualification from driving

compensation probation

EXERCISE 7 Choose the correct definition for each legal profession from the box.

a. magistrates         d. judges         g. clerks of the court

b. solicitors          e. jury

c. barristers          f. coroners

1. An officer acting as a judge in the lower courts.

2. A public official with authority to hear and decide cases in a law court.

3. A group of people who swear to give a true decision on issues in a law court.

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 argue in higher law courts.

6. 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.

EXERCISE 8 Read the text and fill in the gaps with the from the box.

sentences                  judge                       crimes                    prisoners

jury                             magistrate              behaviour               Crown

imprisonment

In England there are no minimum ... , except for ... , which carries a penalty of life ... . There are maximum sentences for other . . . Crimes are first heard by a ... who can either pass sentence, or refer the crime to a ... Court with a ... and ... . Here are maximum sentences for some crimes. Sentences can be reduced for good . . . , often by one-third or more. «Life sentences» are rarely more than 14 years, and it would be possible to release ... after 7 years.

Crime                           I Magistrates’ Court         Crown Court

                                I-----------------------------------------------

                                I Fine  I Prison   I Fine       I Prison

--------------------------------------------------------------------------------

1. Burglary                     I $1000 I 6 months I unlimited  I 14 years

2. Grievous bodily harm         I $1000 I 6 months I unlimited  I  5 years

3. Possession of firearm        I $1000 I 6 months I unlimited  I  5 years

4. Possession of cannabis       I $500  I 3 months I unlimited  I  5 years

5. Common assault               I $200  I 2 months I    -       I

6. «Going equipped for stealing»I $1000 I 6 months I unlimited  I  3 years

7. Murder                          -          -    I  life imprisonment

 

EXERCISE 9 Match the sentences with the crimes.

1)murder of a policeman;                       a)100 hours of community service;

2)drinking and driving without causing a death; b)6 months in prison or a $5000   

                                                  fine and disqualification from 

                                                  driving;

3) robbing a bank with a gun;                   c) five to ten years in prison

4) stealing goods from a shop («shop-lifting»); d) a $300 fine;

5) driving without insurance;                   e) a $3000 fine;

6) vandalising a telephone-box.                 f) life imprisonment.

EXERCISE 10 Copy the following table into your notebooks. Write as many words and expressions as you can think of to complete it. Where is not necessarily a 'correct' position for a particular word. The choice is personal.

Crimes                Sentences                Legal professions

--------------------------------------------------------------------------------

burglary              fine                     judge

--------------------------------------------------------------------------------

 

EXERCISE 10 Work in pairs and find arguments for and against the death penalty. Discuss the following questions:

- mild sentences are a sign of a civilised society;

- capital punishment is not a deterrent to murder;

- the punishment must fit the crime.

Use the following words and expressions:

- That’s what I think.

- I see what you mean, but on the other hand ...

- I think so too.

- That's ridiculous.

- I'm afraid I can't agree with you.

                       HAVE A REST

   A man had been convicted of theft on circumstantial evidence.

When the case was sent for appeal, he revealed to his lawyer that he

had been in prison at the time of the crime committed.

   «Good Heavens, man!» said the lawyer. «Why on earth didn't you reveal that fact at the trial?»

   «Well». said the man, «I thought it might prejudice the jury against me».

* * *

   A man accused of stealing a watch was acquitted on insufficient evidence. Outside the courtroom he approached his lawyer and said, «What does that mean acquitted?»

   «It means», said the lawyer, «that the court has found you innocent. You are free to go».

   «Does it mean I can keep the watch?» asked the client.

* * *

   First juror: «We shouldn't be here very long. One look at those two fellows convinces me that they are guilty».

   Second juror: «Not so loud, you fool! That's counsel for the prosecution and counsel for defence!»

* * *

   A man sentenced to death was being taken to the execution place in very nasty weather.

   «What bad weather», he remarked.

   «You are not the one to grumble», commented one of the escorts. «We've got yet to go back».

The death of a man found hanged is his cell at Stretford station in Manchester will be investigated by the Police Complaints Authority. John Hannon, 42, who had been living in a hostel in Hulme, was arrested on August 9 for breach of bail conditions.

A police constable has been summonsed for driving without care and attention. A pedestrian died in a result of a collision with a police car in Kentish Town, north London, in January PC Barry Chapman must appear at Clerkenwell Magistrates' Court on August 29.

Officers in Chester have changed tactics in dealing with aggressive beggars. They will now arrest suspects immediately and put them before the courts. In the past, beggars have been referred to social services or charities, but they have become increasingly more violent when passers-by ignore them.