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II. Прочитайте текст и переведите текст. In both criminal and civil proceedings, a document (Pleading) must be filed with the court to start a proceedings - called an Information in Criminal Law




 

CRIMINAL PROCEDURE

 

In both criminal and civil proceedings, a document (Pleading) must be filed with the court to start a proceedings - called an Information in Criminal Law. The papers are filed for the State by a Prosecutor. To an Information is attached an Affidavit To Show Probable Cause, under oath. The documents name a defendant, set forth the facts constituting the offense, the statute which has been violated, and the source of the information (confession, eyewitness, etc.).

The judge then issues a bench warrant to the sheriff for arrest of a defendant. The court cannot proceed further until the defendant is served with warrant plus information and affidavit service results in ar­rest, and the defendant is taken into custody.

Upon arrest, a day for the defendant to appear in court is set nor­mally within one week. At arrest, the defendant will be advised of: (1) the charge; (2) right to an attorney; (3) right to an appointed attor­ney at state expense if he can't afford an attorney; (4) does not have to say anything without an attorney present; (5) anything said can be used against him in court; and (6) right to bail, amount of bail, and way to post it. The defendant is allowed free phone calls to tell people where he is, and to arrange bail.

The defendant may be arrested before papers have been filed when the officer has probable cause to believe he has committed a crime. Then he will be told these same rights, except bail. But if a warrant is not secured from a judge filed within 72 hours, he must be released (he can be rearrested later, however).

At the first court hearing (arraignment) the court will:

Ask the defendant (1) if he has an attorney, intends to employ an attorney, or needs attorney appointed for him; (2) if he is prepared to enter a plea of guilty or not guilty; (3) advise defendant of his right to jury trial; (4) if the defendant says he wants to waive any right, court will examine him to see if he understands rights and effect of a waiver;

1. reconsider the matter of bail possibly by a pre-trial release report\

1. possibly set the matter for preliminary hearing or for omnibus hearing and/or set the case for trial.

If the defendant remains silent court will enter a plea of not guilty, set the case for jury trial, and appoint an attorney to meet and consult with the defendant. Between arraignment and trial, the defendant has the right to dis­covery: to see investigatory file of prosecutor, take depositions of wit­nesses, view physical evidence, have special investigators appointed or expert witnesses hired to examine evidence and testify, right to compel people to come and testify (subpoenas), or produce tangible evidence, etc. He must tell prosecutor names and addresses of his witnesses, and certain special defenses (as alibi or self-defense). If the defendant is in­digent all necessary costs of defense will be paid by the state.

III. Задайте все возможные вопросы к тексту.

Вариант 7

I. Выберите правильный вариант:

  1. graduate

a) – ion b) –ment c) – or

 

  1. situate

a) – able b) – ive c) –ion

 

  1. able

a) – ity b) ment c) –ion

 

  1. operate

a) – ive b) – ion c) – ize

 

  1. happy

a) – ness b) –ly c) - er

 

  1. Deep knowledge of … anatomy is important to medical students.

a) the b) a c) –

 

  1. In … winter students take exams.

a) - b) the c) a

 

  1. We had … two lectures yesterday.

a) - b) the c) a

 

  1. You may count on … any time.

a) me b) my c) we

 

  1. Call on our office and … shall help you without any delay.

a) we b) she c) us

 

  1. Jenny likes Ted, but don’t tell ….

a) he b) him c) his

 

  1. Give it to …, please.

a) my b) me c) I

 

 

  1. There was … in the room. It was empty.

a) nobody b) somebody c) anybody

 

  1. I couldn't see … in the dark.

a) anything b) something c) nobody

 

  1. … should be present at the meeting. A very important matter will be discussed.

a) someone b) anyone c) everyone

 

  1. Can I do … for you?

a) anything b) something c) everything

 

17. Shall I speak …?

a) more loud b) the loudest c) louder

 

18. I like this picture … of all.

a) best b) more c) better

 

19. The children got up … this morning, they didn't have to go to school.

a) later b) more late c) the latest

 

20. It's a pity you live so far away. I wish you lived ….

a) more near b) nearest c) nearer

 

  1. You hardly ever write to me. Why don't you write …?

a) oftener b) more often c) most often

 

22. He cannot come out with us this evening. He … work.

a) could b) has to c) must

 

23. I … get up early tomorrow, because my train leaves at 7:30.

a) need b) have to c) must

 

24. They… be tired. They have been working all day.

a) must b) can c) should

 

25. You be hungry after having such a big meal.

a) can't b) may c) mustn't

 

26. They … feel satisfied after getting high grades.

a) must b) may c) could

 

27. She … come. It's after ten o'clock.

a) may not b) can't c)mustn't

 

28. You …be joking! No one enjoys taking exams!

a) can b) must c) should

 

29. He …be ill because I've just spoken to him.

a) can b) must c)should

 

30. His train …be late because it is always on time.

a) can b) can't c) shouldn't

 

31. Не … want to miss the exam because he is hardworking.

a) can't b) shouldn't c) must

 

32. Next year is my parents' wedding anniversary. They …married for 20 years.

a) have b) are c) have been

 

33. Next week he …to Paris on business.

a) is going b) is going to go c) goes

 

34. They …this article yesterday.

a) have translated b) translated c) translate

 

35. While he was playing tennis, he …his arm.

a) was hurting b) hurt c) hurted

 

36. This time next week he … in the Black Sea.

a) swim b) '11 be swimming c) '11 swim

 

37. Last night I … in bed when suddenly the phone rang.

a) read b) have read c) was reading

 

38. He … for Moscow by yesterday night.

a) had left b) left c) has left

 

39. He was driving very fast when the accident ….

a) happened b) has happened c) had happened

 

40. Reports at the conference …by all the students.

a) is made b) made c) were made

 

41. The plan of work … for four hours.

a) was discussed b) is discussed c) have been discussed

 

42. The plan of work … by all the students.

a) is discussing b) will be discussed c) is being discussed

 

43. An experiment … next week on Monday.

a) will be made b) is being made c) is made

 

44. The article … already discussed.

a) is being b) has c) has been

 

45. The children … to bed early yesterday.

a) had been put b) were put c) are put

 






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