- •Утверждено и рекомендовано решением
- •В качестве учебного пособия
- •Chapter I law Unit 1 Introduction to Law
- •Introduction to Law
- •Vocabulary
- •Vocabulary tasks
- •The Aims of Law
- •In trouble with the law law-abiding my word is law
- •Unit 2 What Law Is
- •What Is Law?
- •Social Morality, Rules and Laws
- •Vocabulary
- •Chapter II sources of law Unit 3 Sources of English Law
- •Sources of English Law
- •The Principal Sources
- •Legislation
- •Judicial precedent
- •The Subsidiary Sources
- •Customs
- •Books of authority
- •Vocabulary
- •Unit 4 Sources of Modern Law
- •Text a Historical and Political Background
- •Text b Common Law Systems
- •Vocabulary
- •Vocabulary tasks
- •Text d Sources of American Law
- •Vocabulary
- •Text e Continental Systems
- •For You to Remember
- •Vocabulary
- •Chapter III constitutions Unit 5 The History of Constitution
- •Vocabulary
- •Unit 6 British Constitution
- •The Nature of the Constitution
- •Vocabulary
- •Vocabulary tasks
- •Unit 7 us Constitution
- •Founding of the United States
- •Vocabulary
- •Vocabulary tasks
- •Unit 8 The Constitution of the Russian Federation
- •The New Russian Constitution
- •Amendments to the Constitution
- •Vocabulary
- •Vocabulary tasks
- •Chapter IV the system of government Unit 9 The British Government of Today
- •Text a The Governmental Model
- •Vocabulary
- •Vocabulary tasks
- •Text b The British Parliament
- •Vocabulary
- •The System of Government
- •Stages of a Government Bill
- •The House of Commons
- •The House of Lords
- •Making New Law
- •Text d The Prime Minister and the Cabinet
- •Vocabulary
- •Unit 10 The American Government of Today
- •System of Government in the United States
- •Vocabulary
- •Vocabulary tasks
- •Unit 11 The System of Checks and Balances
- •Vocabulary
- •Vocabulary tasks
- •Checks and Balances
- •Unit 12 Law-making Process in the usa
- •Text a The Concept of Bicameral Legislature
- •Vocabulary
- •Federalism
- •State and Local Government
- •Three Branches of Government
- •Unit 13 The State System of Russia. The Parliament of the Russian Federation
- •Text a The State System of Russia
- •Vocabulary
- •Text b The Parliament of the Russian Federation
- •Vocabulary
- •Chapter V law enforcement Unit 14 Law Enforcement Bodies
- •Text a Role of Government
- •Text b Role of Police Force
- •Vocabulary
- •Vocabulary tasks
- •Unit 15 Enforcing the Law in Britain
- •Text a The English Legal System
- •Vocabulary
- •Text b The British Police
- •Vocabulary
- •Vocabulary tasks
- •Identify showing murder investigation found dead
- •Unit 16 Law Enforcement in the usa
- •Text a Protecting the Rights of the Accused
- •Text b Police Technology in the usa
- •Vocabulary
- •Vocabulary tasks
- •Federal Bureau of Investigation
- •Vocabulary
- •Vocabulary tasks
- •Unit 17 Law Enforcement in the Russian Federation
- •Text a Law Enforcement of Today
- •Vocabulary
- •Text b Application of Law Enforcement
- •Vocabulary
- •Vocabulary tasks
- •Chapter VI the courts Unit 18 The Court System of the uk
- •Text a Judicial Institutions
- •Text b Classification of the English Courts
- •Text c The Hierarchy of the Courts
- •Restrictions
- •Vocabulary
- •It is useful to know
- •For you to know
- •Vocabulary tasks
- •Text d Courts of England and Wales
- •Judicial organization
- •Unit 19 The u.S. Court System
- •Text a Understanding the u.S. Court System
- •State Courts
- •A Typical State Judicial System
- •Federal Courts
- •Text b Jurisdictions of the Federal and State Court Systems
- •The Federal Judicial System
- •9 Justices
- •12 Circuits
- •Vocabulary
- •Vocabulary tasks
- •Text c The Miranda Warning
- •Vocabulary
- •Unit 20 The Court System of the Russian Federation
- •The Court Structure
- •Vocabulary
- •Vocabulary tasks
- •Text b Jurisdiction of Courts
- •The Constitutional Court
- •Jurisdiction of the Courts of General Jurisdiction
- •The Supreme Court of the Russian Federation
- •Vocabulary
- •Vocabulary tasks
- •Text c The Courts of the Subjects of the Russian Federation
- •Text d The Arbitrazh Court of the Russian Federation.
- •Jurisdiction of the Federal Arbitrazh Circuit Court as the Court of the First Instance
- •Vocabulary
- •Vocabulary tasks
- •Opening remarks at Meeting with the Judges of the Russian Court
- •Contents
- •Legal English - 1
Chapter V law enforcement Unit 14 Law Enforcement Bodies
Before you read
Discuss these questions.
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How do you understand the term ‘Law enforcement’?
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How is the system of enforcing the law organized in Russia?
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What judicial institutions deal with the law enforcement?
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What powers did they have?
Text a Role of Government
Governments have many ways of making sure that citizens obey the law. They make the public aware of what the law is and try to encourage social support for law and order. They use police forces to investigate crimes and catch criminals. They authorize courts to complete the investigation of criminal and civil offences and to pass sentences to punish the guilty and deter others. And they make efforts to re-educate and reform people who have broken the law. Which of these is most effective in enforcing the law?
The laws of all countries are to be found in written records – the legal codes of countries with continental systems, the statutes and case judgements of common law countries, warnings on official forms, and notices in public buildings. Many people do not know where to find these records and do not find it easy to read them. But ignorance of the law is almost never a defence for breaking it. Governments usually expect citizens to be aware of the laws which affect their lives. Sometimes this seems very harsh, for example, when the law is very technical. Shopkeepers in England have been prosecuted for selling books on Sunday, although they were allowed to sell magazines. However, there are many laws, such as those prohibiting theft, assault and dangerous driving, which simply reflect social and moral attitudes to everyday behaviour. In such cases a person knows he is breaking the law, even if he doesn't know exactly which law it is.
Text b Role of Police Force
The word POLICE means, generally, the arrangements made in all civilized countries to ensure that the inhabitants keep the peace and obey the law. The word also denotes the force of peace officers (or police) employed for this purpose.
The police have many functions in the legal process. Though they are mainly concerned with criminal law, they may also be used to enforce judgements made in civil courts. As well as gathering information for offences to be prosecuted in the courts, the police have wide powers to arrest, search and question people suspected of crimes and to control the actions of members of the public during public demonstrations and assemblies. In some countries, the police have judicial functions; for example, they may make a decision as to guilt in a driving offence and impose a fine, without the involvement of a court. In Britain, when someone is found in possession of marijuana, the police may confiscate it and issue a formal warning rather than refer the matter to a court.
The mere presence of the police is a factor in deterring people from committing offence.
A just legal system needs an independent, honest police force. In countries where the public trusts the police force, they are more likely to report crimes, and it seems that they are also more likely to be law-abiding. Because of their wide powers it would not be difficult for corrupt police forces to falsify evidence against a suspect, to mistreat someone they have arrested, or to accept bribes in return for overlooking offences. There have been numerous cases of police violence against foreign suspects, many of who are not told of their rights in a language which they can understand. In the Birmingham Six case, British police officers obtained confessions from men suspected of bombing a pub by beating them up. In the United States, illegally obtained evidence is not valid in court, but in Britain the court decides whether it is fair to accept such evidence on a case-by-case basis. A confession obtained by force would not be allowed, but one obtained by trickery might.
Legal systems usually have codes of conduct for the police, limiting the time and the methods which they can use to question suspects and guaranteeing the suspects access to independent lawyers. In Britain, however, the Police and Criminal Evidence Act, and especially the Prevention of Terrorism Act, give the police some powers to delay access to lawyers. The Police Complaints Authority was set up in 1984 to supervise the investigation of allegations of police misconduct. No police officer or former police officer may be appointed to the authority. However, investigations themselves are carried out by police officers. Of course, private legal action can be taken against a police officer as against any other individual – for example, in the tort of false imprisonment. But many people feel it is difficult to gather evidence against the police.
In some countries, police officers are usually armed, whereas in others they only carry guns when engaged in certain kinds of work. Governments may also make use of the army to enforce the law, but this is only done on a regular basis when there is political dissatisfaction with the government, either from a large part of the civilian population, or from a well-armed minority (Northern Ireland). Since armies are trained for wartime conditions, their methods of law enforcement are unlikely to be completely impartial, although there are some countries where the army appears to enjoy more public confidence than the police (India).
As with the police, it is important that the public feels the judiciary is independent and unbiased. Americans feel that the best way of ensuring this is to have elected judges. Britons fear this might lead to politicalization of the judiciary and prefer to have judges appointed by the government on the recommendation of the Lord Chancellor.
Although courts have the highest legal authority, they rely on the power of the prison authorities to enforce their decisions. They can authorize the detention of an individual in order to gather evidence against him, compel him to obey a court-order or punish him for a crime.