II. Прочитайте текст и переведите текст. Between arraignment and trial, the prosecutor and defense attorney will engage in plea and/or sentence bargaining

CRIMINAL PROCEDURE

Between arraignment and trial, the prosecutor and defense attorney will engage in plea and/or sentence bargaining. There may be special pre-trial hearings on issues of the admissibility of evidence (such as a confession, evidence seized by a search warrant, etc.). There may be a preliminary hearing requested by the defendant to test the existence of probable cause. Court may set omnibus hearing with prosecutor and defense attorney to discuss if case is ready for trial. In criminal cases the judge keeps the case moving; in civil cases, the lawyers do.

If the defendant pleads guilty or is convicted at trial the court sets sentencing hearing and pre-sentence report (normally prepared by Pro­bation Department). The report will contain: criminal, educational, family and work histories of the defendant; statement of facts of the crime charged; and drug or psychological evaluations. The defendant gets to view report before hearing and can introduce evidence at hear­ing. Victims are often invited to hearing, and can give input on what they believe should happen. However, the court may be bound by a form of mandatory sentence.

If sentenced to prison, the defendant is sent to the Department of Corrections, which selects the actual prison. When released from prison he is placed on parole (like probation - periodic reporting to officer).

A purpose of jury was to keep citizenry informed about rightness of the law as a check against tyranny of the law. That protection is break­ing down because of (1) inability of the jury to nullify the law; (2) fai­lure of the jury to know the penalty; (3) the dramatic increase of plea- bargaining; (4) the development of Administrative Law where there is no right to a jury trial. At the same time, confrontation of the offender is breaking down. Confrontation means: This is what you did; It was wrong; You chose to do it; Here is the hurt you caused; Here is what you must do to make the wrong right; Don't do it again. Without con­frontation there is little chance of reformation.

Problems are:

(1) lack of speed in the process; (2) plea bargaining; (3) lack of direct confrontation by victim; (4) prosecutor discretion; (5) change in defense attorney from counselor to upholder of rights rules, and process; (6) Ju­venile Justice System; and (7) highly adversarial nature of the process.

Results are: excuse, justification, rationalization and blame-casting of defendant rather than repentance.

III. Задайте все возможные вопросы к тексту.

Вариант 8

I. Выберите правильный вариант:

1. separate

a) – ment

b) – ion

c) – ed

1. dissect

a) – ion

b) –ing

c) – al

1. use

a) –age

b) –ful

c) –less

1. differ

a) – ment

b) –ence

c) –al

1. develop

a) – ize

b) – ment

c) – ful

1. Have you got a book? Give … to me.

a) it

b) her

c) she

1. Where is … dictionary?

a) you

b) your

c) yours

1. He turned … head to the left before crossing the street.

a) his

b) her

c) hers

9. I've heard … about this project but I don't know the details.

a) anything

b) something

c) everything

10. I didn't see … strange about this letter.

a) something

b) anything

c) nothing

11. There was … to do but wait.

a) nothing

b) something

c) anything

1. She lives … in the suburbs.

a) anywhere

b) somewhere

c) everywhere

13… has become quite clear. There is no doubt left.

a) anything

b) everything

c) something

1. All people were saved from the burning house, … was injured.

a) everybody

b) somebody

c) nobody

15. The Pacific is … ocean in the world.

a) largest

b) the largest

c) larger

16. These are … hours in my life.

a) happiest

b) the happiest

c) the most happy

17. New districts are … than the centre of the town.

a) as attractive

b) less attractive

c) so attractive

18. Winter in London is … than in Rome.

a) colder

b) more cold

c) the coldest

1. Life in the countryside is … than in a big city.

a) more healthy

b) healthier

c) much healthy

20. - Why did not your sister answer the phone? – She … have been asleep.

a) can

b) should

c) must

21. - Why did Sarah miss meeting? – She..have known about it.

a) should not

b) must

c) might not

22. - Where is Nick? — I am not sure. He … be playing the piano.

a) can

b) should

c) may

23. What's that smell! My mother … be cooking dinner.

a) must

b) can

c) may

24. His car is broken down. He … have had an accident.

a) must

b) could

c) might

25. The baby is looking for his mother. He … have got lost.

a) can't

b) must

c) may have got

26. It is eight o'clock. They …be coming soon.

a) can

b) must

c) should

27. I … to work on Sundays.

a) mustn't

b) don't have

c) may not

28. You … strike a match: the kitchen is full of gas.

a) mustn't

b) don't have to

c) may not

29. She made the wall very high so that the boys … climb over it.

a) didn't have to

b) shouldn't

c) couldn't

30. A plate slipped out of my hands when I … the wash­ing up.

a) was doing

b) did

c) had done

31. It's nine o'clock. The students …. a seminar.

a) will be having

b) are having

c) have

32. He … ill twice last year.

a) is

b) has been

c) was

33. In summer I … an English course.

a) '11 take

b) 'll be taking

c) take

34. What … you … at this time yesterday?

a) was doing

b) have done

c) were doing

35. We're late. The film …. already ….

a) has started

b) started

c) had started.

36. The documents …. tomorrow.

a) will be typed

b) will be typing

c) will type

37. We … the matter when the teacher entered.

a) have discussed

b) were discussing

c) discussed

38. It … heavily in the morning.

a) was snowing

b) is snowing

c) snowed

39. My sister learns French and she … very well.

a) does

b) did

c) is doing

40. My nephew is at college now, and my son … to col­lege next year.

a) is going

b) goes

c) '11 go

41. Why … he invited to the party?

a) isn't invited

b) wasn't invited

c) invited

42. The first sputnik … in 1956.

a) was launched

b) is launched

c) launched

43. A new car design … at the plant.

a) is made

b) made

c) was made

44. English … all over the world.

a) is spoken

b) has been spoken

c) was spoken

45. Wait a minute. The paper … typed by the secretary.

a) is typed

b) is being typed

c) will be typed.

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