Jumat, 17 Juni 2011

english for law by rocky


ENGLISH FOR LAW





Regular Pentagon: ROCKY ZAHARI
NPM A1B108039
PRODI BAHASA INGGRIS
UNIVERSITAS BENGKULU
2011
 















Content list


Content list
Meeting 1
Introducing Laws
Meeting 2
The Foundation Of British Law
Meeting 3
Crime And Punishment
Meeting 4
Punishment

Meeting 5

Law Enforcement

Meeting 6
Conduct Of Police After The Arrest
Meeting 7

Police Force

Meeting 8
Fair Trial: The Jury
Meeting 9

Criminal Trials

Meeting 10
The Roots Of The Jury
Meeting 11
Study The Fragments From The Documents
Meeting 12
Imprisonment : Retribution Or Rehabilitation
Meeting 13
Legal Term
Meeting 14
Probation Services




Teaching EngTEACHING ENGLISH FOR LAW

                Lesson plan every meeting.
                 Time : 2 x 45 minutes
Entry Requirements/ Participants
For public but more specific for  law staffs.
Course
The course aims to provide a book of English for Law .
Course objectives
Every meeting has specific objects
Course content
The course will include: identifying and teaching appropriate language skills; relevant context analysis; teaching legal vocabulary; the role and knowledge of the legal English teacher; using authentic sources; web-based resources and published materials; assessment (e.g. IELC). Participants will have access to the Institute's Teachers' Library (during its normal opening hours)

Approach
The course is practically oriented using a combination of group and individual tasks to  explore learning contexts, to look at samples of legal English discourse, and to examine teaching  methodologies and resources appropriate to the teaching of English for Law. There will be opportunities  for teachers to discuss their particular area of interest. The course aims to provide participants with ideas  for continuing their professional development in the area of  English for Law beyond the course.











Meeting 1
Introducing Laws
Skill     : Reading

Goals   :At the end of this chapter, you should be able to :
Ø  Mastery some of law vocabularies.
Ø  Explain about ancient law.
Ø  Distinguish the function of the words.
Ø  Know about early law.

Teaching Method      : Discussion and Report

Activity                       :
a.      Pre (10’)
1.    Greeting
2.    Class preparation
3.    Check the students’ attendance
4.    Discussion relate to lesson

b.     While (80’)
1.      Teacher discuss “Description” with students (10’)
2.      Students doing the activity 1 (10’)
3.      Students doing the activity 2 (10’)
4.      Students doing exercise 1 (10’)
5.      Students doing exercise 2 (10’)
6.      Students doing exercise 3 (10’)
7.      Students present the report in front of class (20’)

c.      Post (10’)
1.    Discuss about material
2.    Conclude the material
3.    Evaluation
4.    Closing




The history of law is the history of our race, and the embodiment of its experience. It is the most unerring monument of its wisdom and of its frequent want of wisdom. The best thought of a people is to be found in its legislation; its daily life is best mirrored in its usages and customs, which constitute the law of its ordinary transactions. There never has existed, and it is entirely safe to say that there never will exist, on this planet any organization of human society, any tribe or nation however rude, any aggregation of men however savage, that has not been more or less controlled by some recognized form of law. Whether we accept the fashionable, but in this regard wholly unsupported and irrational theory of evolution that would develop civilization from barbarism, barbarism from savagery, and the existence of savage men from a simian ancestry, or whether we adopt the more reasonable theory, sustained by the uniform tenor of all history, that barbarism and savagery are merely lapses from a primordial civilization, we find man at all times and under all circumstances, so far as we are informed by the records which he has left, living in society and regulating his conduct and transacting his affairs in subordination to some rules of law, more or less fixed, and recognized by him to be binding upon him, even though he has oftentimes been in rebellion against some of their provisions.

The recognition of the existence of law outside of himself, and yet binding upon him, is inherent in man's nature, and is a necessity of his being. And this is as much as to say that the very existence of human society is dependent upon law imposed by some superior power. While from our present standpoint the ultimate finite existence is that of the individual, and all true philosophy recognizes that society exists for the individual, and not the individual for society, yet it is also true that the individual is intended to exist in society, and that he must in many things subordinate his own will to that of society, and inasmuch as society can not exist without law, it is a necessary deduction of reason that the existence of law is coeval with that of the human race. For, if the origin of law were to be sought in compact, a similar compact would suffice to abrogate it; and if it depended on the force of the majority, the wrongfulness of disobedience to its behests would depend entirely upon its discovery and manifestation to the world.

Law is a system of rules a society sets to maintain order and protect harm to persons and property. Law is ancient, dating back at least to the Code of Hammurabi, written by an ancient Babylonian king around 1760 BC. Today, most countries have tens or hundreds of thousands of pages of law. Laws are enforced by the police, supported by the court and prison systems. Laws are written by legislators, such as senators or congressmen. In America and many other countries, laws must uphold and not contradict the Constitution, a document outlining the most basic rules of the country.
Aside from law being a set of rules, the word also refers to the law as practiced by lawyers, who either prosecute or defend a client from an accusation of violating the law. Becoming a lawyer requires attending law school and passing a bar exam. This entitles the lawyer to a law license. Only lawyers with a law license are allowed to practice law.
There are many categories of law. These include contract law, property law, trust law, tort law, criminal law, constitutional law, administrative law, and international law. Each of these sets the rules for a distinct area of human activity. Without laws, there is lawlessness, which historically has led to a general breakdown in society, sometimes to the point of a near-standstill in the economy. Those that advocate the abolition of all laws are called anarchists.

Task 1.1. Complete the text using the words from the box:
The Code of Hammurabi

body of laws, code, gods, ruler, crimes, law code, witness, monument, organization, reign, law-ruler, death, judge, conqueror

 Hammurabi was the … who chiefly established the greatness of Babylon, the world's first metropolis. Many relics of Hammurabi's …. ([1795-1750 BC]) have been preserved, and today we can study this remarkable King as a wise … in his celebrated … .
By far the most remarkable of the Hammurabi records is his code of laws, the earliest-known example of a ruler proclaiming publicly to his people an entire … … , arranged in orderly groups, so that all men might read and know what was required of them. The code was carved upon a black stone … , eight feet high, and clearly intended to be reared in public view. This noted stone was found in the year 1901, not in Babylon, but in a city of the Persian mountains, to which some later … or must have carried it in triumph. It begins and ends with addresses to the … . Even a … … was in those days regarded as a subject for prayer, though the prayers here are chiefly cursings of whoever shall neglect or destroy the law.
…..The code then regulates in clear and definite strokes the … of society. The … who blunders in a law case is to be expelled from his judgeship forever, and heavily fined. The … who testifies falsely is to be slain. Indeed, all the heavier … are made punishable with … .

Task 1.2. explaining terms below into Bahasa indonesia equivalents:

1) legal activities                      
2) judicial government                  
3) dissolve the government           
4) criminal offence                        
5) rebellion                                      
6) be acquitted                                
7) abuse one`s authority                 
8) hand over one`s authority to sb  
       9) law-enforcement authorities       





Task 1.3. Complete the missing forms:

Noun
Verb
Adjective
Authority
?
?
?
Murder
?
?
?
Contributory
Punishment
?
?
?
Offend
?
?
Prohibit
?
?
?
Violent
Permission
?
?


Task 1.4. Give the opposites of the following words using the correct prefixes:
1) legal                            8) fair
2) humane                       9) ability
3) cruel                           10) agreement
4) harsh                           11) dependence
5) formal                         12) written
6) justice                         13) reasonably
7) important                    14) valid

Task 1.5. Read the text and fill in the blanks with the appropriate prepositions:
The seven wise men … Greece were well-known, both … each other and …the general public. Anacharsis, who was one of these wise men, came to visit Solon in Athens.   When Anacharsis saw Athenian democracy …work, he remarked that it was strange that … Athens wise men spoke and fools decided.   Solon admired this man's ready wit and he entertained Anacharsis as his guest … a long time.   Solon showed Anacharsis some laws that he was drafting …the Athenians.   Anacharsis laughed …Solon for imagining that the dishonesty and greed … the Athenians could be restrained by written laws.  Such laws, said Anacharsis, are like spiderwebs: they catch the weak and poor, but the rich can rip right … them.  When Solon went … visit another … the seven wise men, Thales of Miletus, Solon asked why Thales did not get married and have children.   Thales gave no reply, but he hired an actor, who a few days later pretended to have just arrived …Athens.  Solon asked this actor … the latest news, and the actor replied as he had been instructed … Thales.  He said that nothing important had happened, except there was a funeral … some young man who had died while his famous father happened to be … .  "Poor man," said Solon, "but what is his name?"  With every question and answer, Solon got more and more worried, … finally he mentioned his own name.  "That's the man!" said the actor, and Solon went … all of the usual expressions of grief while Thales watched impassively.  After a while, Thales said … Solon: "You asked why I did not marry and have children.  You now see the reason.  Such a loss is too much … even your brave spirit to bear.  But don't worry, it was all nothing but a lie."

Task 1.6. Give the Bahasa indonesia equivalents for the following words and expressions. Use them in the sentences of your own.

-          supreme authorities
-          the consent of the Parliament
-          litigation costs
-          sovereign
-          deterrent
-          succession
-          warrant
-          lawful authority
-          a writ of Habeas Corpus
-          a cornerstone of British liberties

Task 1.7. Put the verbs in brackets into the correct tense and voice:

Early Laws

After the Dark Ages - about 1200-900 BC - and beginning at about 900 BC, the Ancient Greeks (to have) no official laws or punishments. Murders (to settle) by members of the victim's family, who (go) then  and (kill) the murderer. This often (to begin) endless blood feuds. It (to be) not until the middle of the seventh century BC that the Greeks first began to establish official laws. Around 620 BC Draco, the lawgiver, (set down) the first known written law of Ancient Greece. These laws (to be) so harsh that his name (to give) rise to our English word "Draconian" meaning an unreasonably harsh law.

Solon, an Athenian statesman and lawmaker, (to refine) Draco's laws and is credited with "democratizing" justice by (to make) the courts more accessible to citizens. Solon (create) many new laws that (to fit) into the four basic categories of Ancient Greek law. The only one of Draco's laws that Solon (to keep) when he (to appoint) lawgiver in about 594 BC (to be) the law that (to establish) exile as the penalty for homicide.



Task 1.8. Match the legal terms with their definitions:


humane, legislator, abuse, law, civil action, crime, penalty

a)      a member of a body which gives or makes laws;
b)      a proceeding in which a party pursues a legal right in a civil court;
c)      showing kindness towards people and animals;
d)     the use of sth in a way that is wrong or harmful;
e)      the whole system of rules that everyone in a country or society must obey;
f)       an action that is deemed injurious to the public welfare and is legally prohibited;
g)      a punishment imposed for a violation of law or rule

Task 1.9. Insert the missing articles where necessary:
1) Roman law was one of …most original products of the Roman mind. From … Law of the Twelve Tables, … first Roman code of law developed during the early republic. … Roman legal system was characterized by …. formalism that lasted for more than 1,000 years. The basis for Roman law was … idea that the exact form, not the intention, of … words or of actions produced legal consequences. To ignore intention may not seem fair from a modern perspective, but the Romans recognized that there are ….witnesses to actions and words, but not to intentions.
2) Roman civil law allowed great flexibility in adopting new ideas or extending legal principles in … complex environment of the empire. Without replacing older laws, … Romans developed alternative procedures that allowed greater fairness. For example, … Roman was entitled by law to make a will as he wished, but, if he did not leave his children at least 25 percent of his property, the magistrate would grant them … action to have … will declared invalid as an "irresponsible testament." Instead of simply changing the law to avoid confusion, … Romans preferred to humanize … rigid system by flexible adaptation.
3) Early Roman law derived from custom and statutes, but … emperor asserted his authority as … ultimate source of law. His edicts, judgments, administrative instructions, and responses to petitions were all collected with … comments of legal scholars. As one 3rd-century jurist said, "What pleases the emperor has … force of law." As the law and scholarly commentaries on it expanded, the need grew to codify and to regularize conflicting opinions. It was not until much later in … 6th century AD that … emperor Justinian I, who ruled over … Byzantine Empire in … east, began to publish … comprehensive code of laws, collectively known as the Corpus Juris Civilis, but more familiarly as … Justinian Code.


Task 1.10. Find the English equivalents for the following words and expressions:
1) untuk memenjarakan                       a) kekuasaan raja
2) status hukum
                                  b) sikap barbar
3) hukum sempurna
                             c) pemegang sah
4) hak hukum
                                     d) Perkara Perdata
5) surat perintah penangkapan
           e) properti kontrak
6) muncul sebelum pengadilan
           f) Hak budak
7) balas dendam
                                 g) pelaku
8) manusiawi hukum
                          h) kewenangan Negara
9) prasangka
                                       i) warisan


















Meeting 2.
The Foundation of British Law
Skill     : Writing
Goals  : At the end of this chapter, you should be able to :
Ø  Mastery some of law vocabularies.
Ø  Explain about some word into Bahasa Indonesia
Ø  Distinguish the function of the words.

Teaching Method      : Discussion and Report

Activity                       :
b.     Pre (10’)
5.    Greeting
6.    Class preparation
7.    Check the students’ attendance
8.    Discussion relate to lesson

d.     While (80’)
8.      Teacher discuss “Description” with students (10’)
9.      Students doing the activity 1 (10’)
10.  Students doing the activity 2 (10’)
11.  Students doing exercise 1 (10’)
12.  Students doing exercise 2 (10’)
13.  Students doing exercise 3 (10’)
14.  Students present the report in front of class (20’)

e.      Post (10’)
1.    Discuss about material
2.    Conclude the material
3.    Evaluation
4.    Closing


Law Foundation of BC         
The Law Foundation of British Columbia is a non-profit foundation created by legislation in 1969 to receive and distribute the interest on clients' funds held in lawyers' pooled trust accounts maintained in financial institutions.
The Legal Profession Act directs the Law Foundation to distribute these funds in five areas:
    legal education;
    legal research;
    legal aid;
    law reform; and
    law libraries.
The Foundation recognizes that while its objectives are legal in nature, the income is to be allocated to programs that will benefit the general public of British Columbia.

A grant application:

    must be submitted by a non-profit organization
    must fall within one or more of the five mandated areas
    must establish a clear benefit to the people of British Columbia

The Foundation sets its grants budget and funding guidelines on an annual basis. One-time project funding is available annually. Please see Funding Information for details regarding current funding initiatives. Note that most of the Foundation's grants budget is already committed to the existing continuing programs described in our Annual Report.  General Reference Sources/Legal Research on the Web. The web is chock full of excellent resources for researching law and business. Many of the sites on this web page will send you to other interesting places for research. There are some places, however, that are good starting points should you have a project and need a place to start. Unfortunately, with new web sites coming on line every day, there is no one central source of legal information on the web. Comprehensive legal research on the web will require browsing a variety of sites.

The grandparent of law web sites for research is the Legal Information Institute at Cornell Law School. Two other law school sites that are excellent resources for legal research are the World Wide Web Virtual Library at Indiana University School of Law and Emory University's Law Library Electronic Reference Desk .  The Law Library of Congress maintains a data base of law around the world at the Global Legal Information Network(GLIN) . A good general reference source is the American Bar Association's Law Link .  There are also several very helpful commercial web sites providing links to a wide range of legal materials. Findlaw is a standard research tool for law on the Internet. You may also want to browse the Internet Legal Resource Guide and the National Law Net for extensive references to topics covered in the basic business law courses.


Task2.1. Read the text carefully and fill in the blanks with the appropriate words and expressions:

throne, ransom, taxation, Magna Carta, growth, concessions, be imprisoned, liberties, oppression, generations, granting, judgment
    The Charter meant less to contemporaries than it has to subsequent … . The solemn circumstances of its first … have given to … … of 1215 a unique place in popular imagination; quite early in its history it became a symbol and a battle cry against …, each successive generation reading into it a protection of its own threatened … . In England the Petition of Right (1628) and the Habeas Corpus Act (1679) looked directly back to clause 39 of the charter of 1215, which stated that “no free man shall … … or disseised [dispossessed] . . . except by the lawful … of his peers or by the law of the land.” In the United States both the national and the state constitutions show ideas and even phrases directly traceable to Magna Carta.
    Earlier kings of England, Henry I, Stephen, and Henry II, had issued charters, making promises or … to their barons. But these were granted by, not exacted from, the king and were very generally phrased. Moreover, the steady … of the administration during the 12th century weakened the barons' position vis-à-vis the crown. But the need for heavy … for the Third Crusade, and for the … of Richard I after his capture by the Holy Roman emperor Henry VI, increased his successor's difficulties. John's position was further weakened by a rival claim to the … and the French attack upon John's Duchy of Normandy.

Task 2.2. Match the words with their definitions:

succession, inheritance, tax, trial, statute, property, monarchy, writ, liberty, royal

1)      Relating to a monarch.
2)      The descent or transmission of a throne.
3)      Freedom from arbitrary or despotic government or control.
4)      Property that is or may be passed at the owner`s death to the heir or those entitled to succeed.
5)      A sealed document, issued in the name of a court, government, sovereign, etc., commanding an officer or official to do or refrain from doing some specific act.
6)      A sum of money levied on incomes, property, sales, etc., by a government for its support or for specific services.
7)      A government or state in which the supreme power is actually or nominally lodged in a monarch.
8)      An examination of a cause before a court of law with the aim of determining a person`s guilt or innocence.
9)       A law enacted by a legislature.
10) Something owned; a possession, like goods, land, etc.





Task 2.3. Complete the text below by using some of the prepositions:
1) France’s need … a single, unified code of laws had been keenly felt even before the collapse … the ancient regime. Southern France had inherited Roman law, northern France was ruled … a system based …  Teutonic customary law. The two systems were fundamentally different. The laws differed not only … province … province but … town … town. Nor were the laws always rational. Louis XIV, the Sun King, had summed … his approach to lawmaking … his famous phrase “It is legal because I wish it.” Prior … the French Revolution, laws based … the monarch’s wish were the standard custom throughout continental Europe.
2) Lasting Effects of the Code
Despite some elements … French cultural imperialism within the Code, such as article eight, which states “Every Frenchman shall enjoy civil rights,” most of the tenets of the Code could be easily exported beyond French borders. … Napoleon’s leadership, the Empire … the French extended its influence … most of continental Europe. Whereas some areas, such as the Low Countries, Switzerland, Dalmatia, northern Italy and western Germany were annexed … France, other countries were made client states or French allies.
3) Feudalism, the system … financial and judicial privileges … which most of continental Europe had existed … centuries, was near universal … the beginning of Napoleon’s reign, and practically non-existent … the end. Within France itself, the Code survived virtually unaltered … more than 150 years, and even today has not been fundamentally changed. In many ways, the Code was the most enduring legacy … the French Revolution.

Task 2.4. Make up word-combinations with the following words:

Legal, Law, Government, Authority

Task 2.18. Give synonyms for the following words:
-          lawgiver
-          tyranny
-          offence
-          penalty
-          affair
-          significant
-          sovereign

Task 2.5. Insert the missing articles where necessary:
 1) The Civil Code was introduced by Napoleon at … beginning of … 19th century and changed … political lives of all … states of continental Europe. The new Code introduced … concept of … unified, logical system based on ….general principles of law, thereby exporting … ideas of … French Revolution beyond …French borders, to …enemies and …allies alike.
2)  Decreed 5th of March, 1803. Article 2. The laws are executory throughout … whole French territory, by virtue of the promulgation thereof made by … first consul. They shall be executed in every part of the republic, from … moment at which their promulgation can have been known. The promulgation made by … first consul shall be taken to be known in … department which shall be … seat of government one day after the promulgation; and in each of … other departments, after …expiration of … same interval augmented by one day for every ten myriameters between … town in which the promulgation shall have been made, and … chief place of each department. The Code’s final draft was divided … three main sections (Of Persons, Of Property and Different Modifications of Property, Of the Different Modes of Acquiring Property) and contained … total of 2,287 articles. It was issued as … French Civil Code in 1804.




















Meeting 3
CRIME AND PUNISHMENT
Skill     : Speaking
Goals : At the end of this chapter, you should be able to :
Ø  Mastery some of law vocabularies.
Ø  Explain about kinds of crimes.
Ø  Distinguish the function of the words.


Teaching Method      : Discussion and Report

Activity                       :
c.      Pre (10’)
9.    Greeting
10.            Class preparation
11.            Check the students’ attendance
12.            Discussion relate to lesson

f.       While (80’)
15.  Teacher discuss “Description” with students (10’)
16.  Students doing the activity 1 (10’)
17.  Students doing the activity 2 (10’)
18.  Students doing exercise 1 (10’)
19.  Students doing exercise 2 (10’)
20.  Students doing exercise 3 (10’)
21.  Students present the report in front of class (20’)

g.      Post (10’)
1.    Discuss about material
2.    Conclude the material
3.    Evaluation
4.    Closing


If we look into history we shall find that laws, which are, or ought to be, conventions between men in a state of freedom, have been, for the most part the work of the passions of a few, or the consequences of a fortuitous or temporary necessity; not dictated by a cool examiner of human nature, who knew how to collect in one point the actions of a multitude, and had this only end in view, the greatest happiness of the greatest number. Observe that by justice I understand nothing more than that bond which is necessary to keep the interest of individuals united, without which men would return to their original state of barbarity. All punishments which exceed the necessity of preserving this bond are in their nature unjust.  The end of punishment, therefore, is no other than to prevent the criminal from doing further injury to society, and to prevent others from committing the like offence.
 Such punishments, therefore, and such a mode of inflicting them, ought to be chosen, as will make the strongest and most lasting impressions on the minds of others, with the least torment to the body of the criminal.  The torture of a criminal during the course of his trial is a cruelty consecrated by custom in most nations. It is used with an intent either to make him confess his crime, or to explain some contradiction into which he had been led during his examination, or discover his accomplices, or for some kind of metaphysical and incomprehensible purgation of infamy, or, finally, in order to discover other crimes of which he is not accused, but of which he may be guilty.
No man can be judged a criminal until he be found guilty; nor can society take from him the public protection until it have been proved that he has violated the conditions on which it was granted. What right, then, but that of power, can authorise the punishment of a citizen so long as there remains any doubt of his guilt? This dilemma is frequent. Either he is guilty, or not guilty. If guilty, he should only suffer the punishment ordained by the laws, and torture becomés useless, as his confession is unnecessary. If he be not guilty, you torture the innocent; for, in the eye of the law, every man is innocent whose crime has not been proved. Crimes are more effectually prevented by the certainty than the severity of punishment.
In proportion as punishments become more cruel, the minds of men, as a fluid rises to the same height with that which surrounds it, grow hardened and insensible; and the force of the passions still continuingg in the space of an hundred years the wheel terrifies no more than formerly the prison. That a punishment may produce the effect required, it is sufficient that the evil it occasions should exceed the good expected from the crime, including in the calculation the certainty of the punishment, and the privation of the expected advantage. All severity beyond this is superfluous, and therefore tyrannical.  The punishment of death is pernicious to society, from the example of barbarity it affords. If the passions, or the necessity of war, have taught men to shed the blood of their fellow creatures, the laws, which are intended to moderate the ferocity of mankind, should not increase it by examples of barbarity, the more horrible as this punishment is usually attended with formal pageantry. Is it not absurd, that the laws, which detest and punish homicide, should, in order to prevent murder, publicly commit murder themselves?
It is better to prevent crimes than to punish them. This is the fundamental principle of good legislation, which is the art of conducting men to the maximum of happiness, and to the minimum of misery, if we may apply this mathematical expression to the good and evil of life....  Would you prevent crimes? Let the laws be clear and simple, let the entire force of the nation be united in their defence, let them be intended rather to favour every individual than any particular classes of men; let the laws be feared, and the laws only. The fear of the laws is salutary, but the fear of men is a fruitful and fatal source of crimes.



Task 3.1. Below are 10 crimes. Link each crime to its definition.

1) arson                               
the crime of breaking into a building or other premises with the intend to commit theft                                                                                                      
2) forgery
the malicious burning of another`s property                                 
3) smuggling                       
stealing something from a shop
4) shoplifting
taking money illegally into another country
5) kidnapping
killing unlawfully and intentionally
6) murder
taking a person hostage in exchange for money or other favours, etc.
7) burglary
the crime of making counterfeit (false) money                                                                  or signatures
8) vandalism
using violence for political reasons
9) hijacking
deliberately cause damage to property
10) terrorism
taking control of a plane by force


Task 3.2. Fill in the articles where necessary:

     Phrenology is … study of the conformation of ... skull as indicative of mental faculties and traits of character, especially according to … hypotheses of Franz-Joseph Gall (1758–1828), … Viennese doctor. Phrenology enjoyed great popular appeal well into the 20th century but was wholly discredited by scientific research. … principles upon which phrenology was based were five: (1) the brain is the organ of the mind; (2) … human mental powers can be analyzed into … definite number of independent faculties; (3) these faculties are innate, and each has its seat in … definite region of the surface of the brain; (4) … size of each such region is … measure of the degree to which the faculty seated in it forms … constituent element in … character of the individual; (5) … correspondence between … outer surface of the skull and the contour of the brain-surface beneath is sufficiently close to enable the observer to recognize … relative sizes of these several organs by the examination of the outer surface of the head. … system of Gall was constructed by … method of pure empiricism, and his so-called organs were identified on quite specious grounds. Having arbitrarily selected … place of a faculty, he examined the heads of his friends and casts of persons with that peculiarity in common, and in them he sought for … distinctive feature of their characteristic trait. Some of his earlier studies were made among inmates of jails and … lunatic asylums, and some of the traits that he presumed to detect were “criminal.”



Task 3.3. Fill in the blanks. The first letter of each missing word has been given.

Thieves have been around centuries, probably for as long as humans, but armed (1) r ……it a more recent phenomenon. Unfortunately women have always been the (2) v ……of rape and domestic (3) v … . (4) F ……has been around ever since printing has been used to make money or produce documents. Rich people or their children are sometimes (5) k… and are not set free until a ransom has been paid. The twentieth century has seen the appearance of many organised (6) c ……such as hijacking and drug smuggling or drug trafficking. Statistics show an alarming (7) r …… in the rate of violent crimes and crimes to do with the (8) i ……sale of arms across the world. Perhaps the most recent crime of all is hacking computers to access (9) i … that helps competitors in industry. This increase in international crime makes one wonder whether it is still true to say ‘(10) C … doesn’t pay’.


Task 3.4. Complete the following chart:

Verb
Noun
Person
Accuse
start a fire deliberately
blackmail
burgle
commit a crime
hack into computer
hijack
imprison
kidnap
kill
mug
commit and offence
pickpocket
rob
shoplift
steal
suspect
(1)…………………..
arson
(3)…………………..
(4)…………………..
crime
hacking
(7)…………………..
prison or imprisonment
kidnapping
(9)………………….
(10)………………….
offence
(12)………………….
(13)………………….
(14)………………….
(15)………………….
suspicion
accused
(2)…………………..
blackmailer
burglar
(5)……………………
(6)……………………
hijacker
(8)……………………
killer
mugger
(11)……………………
pickpocket
robber
shoplifter
thief
(16)




Task 3.5.Translate the following words and expressions into Bahasa indonesia:

1)      criminal proclivities                                  8) criminal types
2)      a sophisticated theory                                9) conductive
3)      innate disposition to crime                        10) psychiatrist
4)      inclination towards criminal activity         11) convict
5)      evil spirits                                                  12) interrelation of causes
6)      multiple causation theory                          13) difficult to determine
7)      skull structure                                            14) crime rate

Task 3.6. Fill in the blanks with the appropriate words and expressions from the box
court, case , trial, lawyer, privilege, face, permission, defendant, attorney, client, justice, defender, involvement, guilty
County Prosecutor: - What should be pointed out first is that under our system of … any defendant, even if he or she is … , is entitled to representation at … . Whether an attorney can decline to represent a particular … , depends on whether the attorney is a public defender or in private practice. An … in private practice, that is an attorney who works for him or herself, can elect to take a client's … or decline it on whatever grounds, in most cases. A public … is appointed to represent his or her client and usually cannot elect to decline a case.
Once a trial has begun, if an attorney representing a … feels that he or she cannot effectively represent his or her client for any reason, he or she would need the court's … to be excused from further representation. It is up to the … to decide whether the reason given by the attorney is sufficient to allow the attorney to be excused. A … would … disciplinary charges if he or she simply abandons a client during a trial without permission from the court. It should also be noted that the attorney-client … requires that if a client or a potential client reveals to an attorney his or her … in a crime, that attorney cannot divulge that information regardless of whether or not the attorney agrees to take the case.
Task 3.7. Insert the particular prepositions:


1)      to accuse someone … a crime
2)      to charge someone … murder
3)      to defend someone … a court
4)      to pass verdict … an accused person
5)      to sentence someone … a punishment
6)      to acquit an accused person … a charge
7)      to send someone … prison
8)      to release someone …prison


Task 3.8. Divide the words connected with law and crime into three semantic groups:

Theft
witness
detective
probation
careless driving
juror
jail
murder
police officer
lawyer
judge
fine
flogging
death penalty
shoplifting
hijacking
smuggling
community service
kidnapping
imprisonment


Task 3.9. Insert prepositions and answer the following questions:

  1. What ideas were the earliest criminological theories based …?
  2. What views … crime predominated … the 19-th century?
  3. Who tried to establish relationships … skull structure and criminal proclivities?
  4. Who asserted that crimes were committed …persons who are born … certain recognizable hereditary physical traits?
  5. Montesquieu attempted to relate criminal behaviour … natural, or physical environment, didn`t he?
  6. Did criminologists or psychologists attribute crime mainly …the influence … poverty?
  7. Recent studies of criminals have thrown further light …the kinds of emotional disturbances that may lead to criminal behaviour. True or false?














Meeting 4

PUNISHMENT

Skill     : Listening
Goals  : At the end of this chapter, you should be able to :
Ø  Mastery some of law vocabularies.
Ø  Explain about punishment .
Ø  Distinguish the function of the words.
Ø  Know about legal terms.

Teaching Method      : Discussion and Report

Activity                       :
d.     Pre (10’)
13.            Greeting
14.            Class preparation
15.            Check the students’ attendance
16.            Discussion relate to lesson

h.     While (80’)
22.  Teacher discuss “Description” with students (10’)
23.  Students doing the activity 1 (10’)
24.  Students doing the activity 2 (10’)
25.  Students doing exercise 1 (10’)
26.  Students doing exercise 2 (10’)
27.  Students doing exercise 3 (10’)
28.  Students present the report in front of class (20’)

i.        Post (10’)
1.    Discuss about material
2.    Conclude the material
3.    Evaluation
4.    Closing



 Punishment
“in this unique textbook, which is scholarly yet accessible to students, miethe and lu approach punishment from a perspective that is both historical and comparative, addressing the global dimensions of punishment as few authors do.” Gray cavender, arizona state university informed by current scholarship, yet tailored to the needs of undergraduate students, this textbook presents a broad perspective on one of the most fundamental social practices. Punishment is the common response to crime and deviance in all societies. However, its particular form and purpose are also linked to specific structural features of these societies in a particular time and place. Through a comparative historical analysis, the authors identify and examine the sources of similarity and difference in types of economic punishments, incapacitation devices and structures, and lethal and nonlethal forms of corporal punishment over time and place. They look closely at punishment responses to crime and deviance across different regions of the world and in specific countries like the united states, china, and saudi arabia. In this way readers gain an appreciation for both the universal and context-specific nature of punishment and its use for purposes of social control, social change, and the elimination of threat to the prevailing authorities.

Punishment is a basic fact of human life. We impose punishment in formal and informal settings for a variety of purposes of social control, social change, and order maintenance. Previous studies of punishment also indicate that its nature and prevalence vary over time and place. Using a comparative historical approach, the goal in this book is to illustrate the similarities and differences in punishment responses over time and place. We review current punishment practices across world regions and use case studies of the United States, China, and Saudi Arabia for detailed investigation of the comparative and historical contexts of punishment. Through this comparative historical perspective, the reader should gain an appreciation of the universal and context-specific nature of punishment practices.

There is an enormous academic and popular literature on punishment. Sociologists and other social scientists have long been interested in the topic of punishment, social control, and the structure of society. Various human rights organizations like Amnesty International and Human Rights Watch also provide current reports and commentary about punishment practices throughout most countries of the world. By providing detailed references to this previous research and a list of suggested readings in each chapter, we hope this book will serve as a research guide and inspire others to further examine the nature and effectiveness of punishment responses to crime and deviance across a wide range of social, political, and economic contexts. Our views about punishment expressed in this book are a reflection of our personal experiences and academic training. We are especially appreciative of the insights of colleagues and mentors that have shaped our perspective and challenged us to go beyond the conventional wisdom.


Task 4.1. Match each of the legal terms with a definition:

Manslaughter, justice, offence, mitigate, crime, alibi, hijacking, death penalty, corporal punishment, witness

1)      One who personally sees or perceives a thing; one who testifies as to what he has seen, heard, or otherwise observed.
2)      Also known as capital punishment, this is the most severe form of corporal punishment as it  requires law enforcement officers to kill the offender.
3)      A punishment for some violation of conduct which involves the infliction of pain on, or harm to the body.
4)      A defence claim that the accused was somewhere else at the time a crime was committed.
5) An act or omission which is prohibited by criminal law.
6) Accidental homicide or homicide which occurs without an intent to kill, and which does not occur.
7) Taking control of a plane by force and making the pilot change course.
8) Proper administration of law.
9) To lessen in force or intensity; to make less severe; to make milder.
10) A violation of law.

Task 4.2. Complete the following text with the appropriate words and expressions:

prosecutor, adult trial, probation, police, hearing, lawyer, criminal (adj), crime, judge, break, defendant, juvenile, jury trial, to prove, charges, sentence, evidence, grand jury, accusation, minors

 

 


When People Break the Law


Depending on the … a person has committed, he or she may have broken a federal law, a state law, or both. However, the great majority of crimes committed are state crimes. … laws and procedures vary from state to state, but in general the following actions take place when kids and adults … the law. When … , people under age 18, break the law, they usually appear in … court. Since a minor will rarely have a … … , the judge hears the … and decides whether or not there is enough evidence … that the child has broken the law. In most cases, the child admits to the crime and depending on the situation, the … may put the child on … , place the child in a foster home, or in serious cases, the child may be sent to a juvenile institution. If the child denies the crime, however, an adjudicatory … , much like a criminal trial, is held. At this hearing, the child is represented by a … . If the judge determines that there is enough evidence, a second hearing is arranged to decide a … .

When an … commits a serious crime and is arrested by … , sometimes there will be a trial. In the federal system and in some states, a … … decides whether or not there is enough evidence for a trial. If there is enough evidence, the person is indicted. If there is not enough evidence the … are dropped. In states that don't use grand juries, an information will be issued by the … . An information is a formal … by the prosecutor. Once the indictment or information has been filed, the … is arraigned. This is when the defendant pleads guilty or not guilty. If he pleads not guilty, the case goes to … .

Task 4.3. Make up word-combinations with the following adjectives:

 

‘punitive’, ‘criminal’, ‘violent’


Task 4.4. Give Bahasa indonesia equivalents for the following words and expressions:


  1. deprivation
  2. felon
  3. deterrence
  4. punitive law
  5. condemned
  6. inflict pain
  7. incapacitation
  8. mitigate punishment
  9. punitive legislation
  10. barbaric laws
  11. misdeeds



Task 4.5. Name the type of crime:

1)      a thief goes into your house through a window;
2)      a child steals a chocolate bar from a store;
3)      a teenager drives faster than the limit.
4)      Mexican sells cocaine to a Canadian;
5)      a guard refuses to give a prisoner food or water unless the prisoner gives up information;
6)      a man shoots his second wife dead;
7)      a juvenile delinquent throws a lit match into a building;
8)       a terrorist group takes over an airplane and changes its course;
9)      a group of kids use spray paint to write on a bridge;
10)  a man opens a law firm and pretends that he is a lawyer

Task 4.6. Complete the missing forms:

Verb
Noun
punish
?
convict
?
behead
?
deter
?
justify
?
violate

err

?
offence
?
deprivation
?
treatment
?
robbery
?
prevention
?

?


Task 4.7. Give English equivalents for the following words and expressions:
1) ukuran hukuman                             7) Penahanan
2) untuk mencapai
putusan                 8) jera
3) pahala
                                             9) hukuman
4) untuk melanggar hukum
                10) penghapusan hukuman mati
5) Zina
                                                11) kehidupan penjara
6) melanggar hukum
                          12) penghuni penjara



Task 4.8. Complete the following sentences using the information of the chapter:

  1. When the violation is of the criminal law of society there is a …. …….
  2. In Western culture, four basic justification have been given: …. …..
  3. Most penal historians note a gradual trend over the last centuries toward more …….
  4. Criminal sentences ordinary embrace four … … In descending order of severity these are …
  5. The death penalty is now possible only for certain types of … …..
  6. Punishment is an ancient practice whose presence in modern cultures may appear to be out of place because it …

Task 4.9. Give synonyms for the following words:
1)      wrongdoer                            5) incarceration
2)      misdeed                                6) ban
3)      penalty                                  7) reform
4) interrogation                          8) deterrence




Task 4.10. Give the opposites of the following words:

1)      humane
2)      reasonable
3)      lenient
4)       moral
5)       sufficient
6)       justice
7)      legal
8)      mild


Task 4.11. Choose the necessary prepositions:

1) Forms … the death penalty include hanging … the neck, gassing, firing squad and has included use … the guillotine.

A fine or imprisonment is not considered to be corporal punishment (… the latter case, although the body is confined, no punishment is inflicted … the body). The death penalty is the most drastic form … corporal punishment and is also called capital punishment. Some schools still use a strap to punish students. Some countries still punish habitual thieves … cutting … a hand. These are forms of corporal punishment, as is any form … spanking, whipping or bodily mutilation inflicted as punishment.
2) Each state sets … a limited series … acts (crimes) which are prohibited and punishes the commission of these acts … a fine, imprisonment or some other form … punishment. … exceptional cases, an omission to act can constitute a crime, such as failing to give assistance …a person … peril or failing to report a case … child abuse.

Task 4.12. ‘Capital punishment creates, it does not solve, problems’. Write your arguments for or against the statement above.









Meeting 5

LAW ENFORCEMENT

Skill     : Speaking
Goal    : At the end of this chapter, you should be able to :
Ø  Mastery some of law vocabularies.
Ø  Explain about  law enforcement.
Ø  Distinguish the function of the words.


Teaching Method      : Discussion and Report

Activity                       :
e.      Pre (10’)
17.            Greeting
18.            Class preparation
19.            Check the students’ attendance
20.            Discussion relate to lesson

j.       While (80’)
29.  Teacher discuss “Description” with students (10’)
30.  Students doing the activity 1 (10’)
31.  Students doing the activity 2 (10’)
32.  Students doing exercise 1 (10’)
33.  Students doing exercise 2 (10’)
34.  Students doing exercise 3 (10’)
35.  Students present the report in front of class (20’)

k.     Post (10’)
1.    Discuss about material
2.    Conclude the material
3.    Evaluation
4.    Closing




In This Issue
For Distribution to
Staff and Line Officers
New Attorney General Sworn In John J. Farmer, Jr., was sworn in as Attorney General at a public ceremony July 1, 1999, at Ellis Island. As the Attorney General, Mr. Farmer serves as the chief counsel and chief law enforcement officer of New Jersey, supervising more than 6,800 employees in the Department of Law and Public Safety’s 10 divisions. “I have long been impressed with John’s mastery of the law and his ability to take complex issues and find solutions,” said Governor Whitman, who conducted the swearing-in ceremonies. “I am confident that he will bring the same dedication and motivation to the Attorney General’s Office on behalf of all New Jerseyans.” “Whether the context is fighting for the integrity of our State boundaries or against discriminatory taxation, securing $100 million judgments for securities fraud or enforcement out State’s criminal laws, I pledge that this department will be an aggressive but reasoned advocate for the State of New Jersey,” the new Attorney General said at the ceremony.

In 1997, Governor Whitman appointed Farmer as her Chief Counsel. Prior to that position, he served as Deputy Chief Counsel and Assistant Counsel to the Governor. Before joining the Whitman Administration,
Farmer served from 1990 to 1994 as an Assistant United States Attorney for the District of New Jersey. As such, he prosecuted numerous cases involving organized crime, narcotics and white collar crime. In 1993, he received a special achievement award from the United States Department of Justice for his work. Farmer also served as an associate with the law firm of Riker, Danzig, Scherer, Hyland and Perretti, handling civil appeals, commercial litigation and providing pro bono criminal defense. He also served as an adjunct professor of law at Seton Hall University Law School. &? A graduate of Georgetown University,  the new Attorney General received his Bachelor of Arts degree in 1979 and his law degree in 1986. Upon receiving his Juris Doctorate, Farmer began his legal career as a law clerk to New Jersey Supreme Court Justice Alan B. Handler. The Division of Criminal Justice maintains a website containing information and resources including the New Jersey Law Enforcement Guidelines and the DCJ Academy Course Catalog.

Task 5.1. Match the following legal terms with their definitions:

Mistrial, eyewitness identification, deterrent, warrant, felony, Miranda Warning, charge, detention, apprehend, defendant :
1) Type of evidence where someone who has seen the event or crime testifies as to the person or persons involved.
2) A trial that has been ended before its conclusion because of an error in procedure.
3) In a trial, the person who is accused of wrong doing.
4) A written document from a judge authorizing anything from a search to an arrest to the obligation to pay a fine.
5) In legal terms, an accusation.
6) A warning by law enforcement, which must be administered before interrogation, that a person has certain rights, including the right to remain silent and the right to an attorney.
7) A serious criminal offense usually punished by imprisonment of more than one year.
8) Holding in custody.
9) Serves to discourage or prevent something from happening.
10) To take into custody; arrest.
Task 5.2. Read the text and fill in the missing prepositions:

Not all searches without a warrant are improper … certain circumstances (i.e., risk … public safety or a search conducted …consent) a warrantless search is a valid search. With any improper search, the immediate effect is the suppression … any incriminating evidence against the accused that is found as a result of that search. If the initial illegal search provides evidence that directly leads investigators … another search, even with a warrant, any new evidence found is also inadmissible … court. Police officers have also been sued … monetary damages … civil court where a search has resulted … an alleged violation …a person's constitutional rights.

Task 5.3. Complete the following chart. The first example is done:

Vocabulary
part of speech
Meaning

Example sentence

intruder
noun
a person who enters a home or business illegally
Someone called to report an intruder on the third floor.
jail (prison)
noun
?
The guards will be patrolling the prison all day long.
misdemeanor
noun
a minor crime (punishment is usually a fine or less than one year in jail)
?
noise complaint
noun
a call to the police to complain of disturbing noise (usually music or a party)
?
partner noun
another officer that a policeman drives and works with
?
patrol (on patrol)
verb
?
We always patrol the downtown core on the weekends.
perpetrator
noun
person who committed the crime
?
pickpocket
noun
?
Beware of pickpockets on the subway.
pistol
noun
a hand held firearm
?
pursuit
noun
?
We are in pursuit of a man in a green jacket and orange pants.
radar
noun/adjective
radio wave transmission that helps police track cars and map crime scenes
?
robbery
noun
theft; taking something that does not belong to you, often with force
We have twenty officers investigating the bank robbery.
speeding ticket
noun
a fine given to a driver who gets caught driving beyond the speed limit
?
steal
verb
?
Do you know who stole your wallet?
street crime
noun
crime such as drugs and prostitution
?
thief
noun
?
We have found the thief who stole your car.
walkie-talkie
noun
hand held radio each partner carries
My partner told me your license plate over his walkie-talkie.
wanted
adjective
being searched for by police
?
witness
verb
?
Three people witnessed the murder but they are afraid to speak.
young offender (juvenile delinquent)
noun
?
Your punishment will be less severe because you are a young

Task 5.4. Give the Bahasa indonesia equivalents for the following words and expressions and make up some sentences of your own:

1.      to maintain public order
2.      to be dismissed from the police
3.      to catch sb red-handed
4.      to take into custody
5.      to be charged with the offence
6.      to enforce laws
7.      unsolved crimes
8.      to detect crimes
9.      to release on bail
10.  a detained person
11.  to make the photofit of the suspect
12.  arrestable offences
13.  false imprisonment
14.  apprehend

Task 5.5. Fill in the gaps in the text below with the appropriate words and expressions from the box:
family court, detainment, crimes, drug possession, offenses, juveniles, place, homicide, statistics, detention centers, wrongdoing, detention, trial, charged
     Unlike adults who may be able to post bail, juveniles do not have this right. Each year in New Jersey, thousands of juveniles who have been … with criminal … find themselves placed in… , where they wait for … and sentencing. In fact, according to … provided by the New Jersey Juvenile Justice Commission (JJC), the agency that monitors the operations of New Jersey's juvenile detention centers, approximately 14,000 … (individuals under the age of 18) were admitted to detention in 1999. That same year, 1,004 juveniles were residing in detention centers on any given day.
     New Jersey has 18 juvenile … … across the state. With 21 counties in New Jersey, some counties share detention center services. … that typically land a juvenile in detention range from … … and selling, to carjacking, to assault and even … . However, even if a juvenile is charged with one of these … , according to the president of the New Jersey Juvenile Detention Association and Administrator of the Camden County Youth Center, no one can "snatch" the juvenile up and … him or her in detention. The decision of whether to place a juvenile in a detention center is always handled through the … … and involves a rigid screening process to assure that …  is necessary.
Task 5.6. Fill in the gaps with the prepositions:

1.      The duties of the police are varied, ranging … assisting … accidents to safeguarding public order.
2.       It was of course a great shock when she was arrested …shop-lifting.
3.      The police in Britain are organized very differently … many other countries.
4. He was sentenced to a fine …$100.
5. The British police have traditionally depended … loyalty … the law.
6. Mr. Black was charged … murder.
7. What principles were the British police guided …?
8. She had a right … have an attorney present.
9. Finally the criminals were convicted … a violent assault.
10.What is your attitude…crime prevention?
12. She got a sentence …six months.
12. Mr. Smith was accused … stealing.


Task 5.7. Give synonyms for the following words:

1)      prison
2)      seize
3)      custody
4)      charge
5)      question
6)      lawyer

Task 5.8. Give the English equivalents for the following words and expressions:

1. Penegakan hukum
2. Tingkat kejahatan
3. sketsa tersangka
4. Menteri Dalam Negeri Britania Raya
5. Departemen Investigasi Kriminal
6. memenangkan kepercayaan publik
7. bersalah
8. untuk melakukan perampokan
9. penyalahgunaan wewenang
10. darurat
12. melakukan penangkapan di flagrante delicto
12. protes keras
Task 5.9. Match the following English expressions with their Bahasa indonesia equivalents:

1) credible witness                              a) kredibel saksi
2) defence witness                               b) pertahanan saksi
3) witness under examination              c) Menunjukkan bahwa selama interogasi
4) witness of arrest                              d) saksi penangkapan
5) witness for the prosecution             e) saksi berdiri
6) witness by the plaintiff                    f) saksi penggugat
7) court's witness                                 g) saksi oleh pengadilan
8) false witness                                    h) orang yang  bersumpah palsu
9) witness-box                                      i) saksi berdiri
10) witness-stand                                  j) saksi penuntutan


Task 5. 10. Аnswer the following questions using the information of the chapter:

1.      Can you name arrestable offences?
2.      What are the general types of punishment in Great Britain?
3.      What is the Miranda warning?
4. What document is necessary to carry out an arrest?
5.What are the provisions of the Habeas Corpus Act?

Task 5.11.Translate into English using the active vocabulary of the chapter:

1.Pered polisi interogasi terhadap terdakwa harus dibuat sadar akan fakta bahwa ia memiliki hak untuk tidak menjawab pertanyaan, dan setiap kesaksiannya dapat digunakan terhadap dirinya, dan ia memiliki hak kehadiran pengacara, dan jika dia tidak bisa membayar pengacara, ia akan ditunjuk pengacara bebas untuk melindungi kepentingannya.
2. Lima belas terdakwa telah mengaku bersalah atas pembunuhan itu.
3. Polisi memiliki surat perintah untuk mencari rumah.
4. Mereka menuduh dia perampokan bersenjata.
5. Seorang petugas polisi menahan seorang pencuri dalam bertindak.
6. Diperlukan bantuan untuk masyarakat dalam mengidentifikasi pelaku perampokan bank. Untuk membentuk 30 tahun tersangka, fisik ramping, menonjol mata, hidung lurus. Khusus fitur - bekas luka di pipi kirinya.
7. Pelaku dipersenjatai dan karena itu berbahaya.
8. Ini adalah penahanan ilegal. Anda tidak memiliki hak untuk menahan.
9. Apakah Anda memiliki surat perintah untuk penangkapan?
10. Anda telah melakukan pelanggaran terhadap ketertiban umum.
11. Anda mempertanyakan terdakwa? Apakah Anda memiliki catatan dari para saksi dan terdak
Task 5.12. Read the text and translate words and expressions given in bold types:

What's the history?

Since Roman times, the role of policing was largely the responsibility of local military groups working for land or property owners, who undoubtedly acted to benefit whoever paid them. But in the 17th century, the City of London began paying watchmen to guard the streets at night. In general, the night watchmen provided ineffectual protection for the public, as they were usually elderly gentlemen or other seemingly unemployable individuals, but for the next hundred or so years, they were the only public policing body in the capital.
On the outskirts of London a group of police officers called the Bow Street Runners, or "Robin Redbreasts" (on account of the red waistcoats they wore as a uniform), were far more successful against highway robbery. Using these early police forces as a model, the then home secretary Sir Robert Peel, responded to public appeal and set-up the first Metropolitan Police force in 1829. Sir Robert Peel eventually became Prime Minister and the nicknames "rozzer", "bobby", and "peeler" have been used for the police ever since.
Each 'constable' was provided with a non-military uniform and a wooden staff to protect them, and they focused mainly on patrolling the streets and keeping the peace. The organised and structured nature of this new civilian force proved extremely successful and over the next few years the Royal Irish Constabulary (RIC) was established, along with police forces in Australia, Canada and other Commonwealth countries.
By 1835, the Municipal Corporations Act declared that every borough should appoint enough paid constables to effectively police it, and by 1856, all counties in England and Wales were required to establish police forces; a goal that was reached only six years later. Little changed in the police force over the next century, except obvious cosmetic alterations to uniform, and the necessary adaptation to modern technology. However, in 1964, the Police Act revolutionised the structure of policing in England and Wales by reducing the number of local forces and merging various regional groups. This restructuring continued in 1966 when the number of police forces outside London was reduced from 117 to 49, and again in 1972, when the Local Government Act reduced the number to 42. Presently there are 43 regional polices forces in England and Wales including the Metropolitan Police and the City of London police forces

Task 5.13. Complete the following chart. The first example is done:

Vocabulary
part of speech

Meaning

Example sentence

arrest
verb
take into police control
My partner arrested the man who set fire to the building.
assailant
noun
person who assaults or attacks
?
at large (on the loose)
preposition + adjective
?
I'm afraid that the man who robbed the bank is still at large.
armed and dangerous
adjective
is carrying a weapon and has a violent background
?
back-up
noun
police that are called in to support or help
?
bail
noun
?
Your husband's bail is posted at 20, 000 dollars.
baton (night stick)
noun
heavy stick that police use for controlling crowds or defending themselves
?
book someone
verb
register someone as a criminal
?
break into
verb
?
Do you have any idea who would have broken into your car?

Task 5.14. Complete the following sentences using the information of the chapter:
2. A police officer is an agent of the law of the land and may be sued or prosecuted … …
2. The headquarters of the Metropolitan Police became known as … …
3. The Force suffered many trials in overcoming public … …
4. The CID deals with all aspects of criminal investigation and comprises the criminal records office, … ….
5. The Forensic Science Service (FSS) serves the administration of justice in England and Wales by … ….
6. DNA analysis is a revolutionary scientific testing process which can … …
  1. Scotland Yard`s assistance is often sought by police in other parts of England, particularly with regards to …. …
  2. Requests for police services are generally transmitted to headquarters by … …
  3. In recent years technological advances have been made in such areas as … …
  4. The problem of identifying criminals was made much easier by Bertillion, who, in 1882, … …


Task 5.15. Name the legal terms that mean the following:

1)    a violation of law;
2)    proper administration of laws;
3)    a peace officer in a town or township, empowered to serve writs and warrants and make arrests;
4)    a written document from a judge authorizing anything from a search to an arrest to the obligation to pay a fine;
5)     a complaint to a higher court regarding the decision of a lower court;
6)     holding in custody;
7)    serves to discourage or prevent something from happening;
8)     a person under 18 years of age.
Task 5.16. Find the English equivalents for the following words and expressions:

1. kegiatan kriminal
2. pihak yang dirugikan
3. sidik jari
4. penegakan hukum
5. markas polisi
6. sumpah palsu
7. surat perintah penangkapan
8. pembajakan mobil
9. menimbulkan pelecehan verbal
10. Cedera

Task 5.17. Vocabulary Quiz:

1.      The opposite of guilty is …
2.      A person who enters a house or business illegally …
3.      Some misdemeanors are punishable by paying a …
4.      Dealing drugs behind a restaurant is an example of a …
5.      When a man commits a felony he gets taken into police …
6.      Another word for a thief is …
7.      In order to prevent a criminal from running, police use …
8.      One of the first things detectives do at a crime scene is check for …
9.      Another word for prison is …
10.   The opposite of accused is …
Task 5.18. Insert the appropriate prepositions:
After a person has been arrested he is entitled … appear promptly before a judge to answer any charges that are being laid. The person is to appear before a judge … 24 hours. The person is entitled … have a lawyer to speak to whether the person should be released and, if so, whether there should be bail. The first court appearance may result … the following:
  • The judge may decide to order that the person remain .. custody;
  • The judge may require that the person deposit money or property with the court to ensure appearance … court if released;
  • An adjournment to allow time …  the person to speak …a lawyer or relatives or friends before pleading;
  • In the case of a "guilty plea" … a "summary charge" the court can deal … sentencing right away or set another date to deal …sentencing;
  • In the case of a "not guilty plea" … an "indictable offence" the person may choose trial … judge, or jury and the court will set the trial date or a preliminary hearing will be set.
Task5.19. Give the opposites to the following words:
Punishment, charge, agreement, solution, approval, partial, authorized, capable.
Task 5.20. Supply the sentences with the missing words given in the box:
lawyer, arrest, police, blame, investigation, question, suspicion, fingerprint, evidence, to search, advice













Meeting 6
Conduct of Police after the Arrest
Skill     : Reading
Goals  : At the end of this chapter, you should be able to :
Ø  Mastery some of law vocabularies.
Ø  Explain about conduct of police after the arrest.
Ø  Distinguish the function of the words.

Teaching Method      : Discussion and Report

Activity                       :
f.       Pre (10’)
21.            Greeting
22.            Class preparation
23.            Check the students’ attendance
24.            Discussion relate to lesson

l.        While (80’)
36.  Teacher discuss “Description” with students (10’)
37.  Students doing the activity 1 (10’)
38.  Students doing the activity 2 (10’)
39.  Students doing exercise 1 (10’)
40.  Students doing exercise 2 (10’)
41.  Students doing exercise 3 (10’)
42.  Students present the report in front of class (20’)

m.   Post (10’)
1.    Discuss about material
2.    Conclude the material
3.    Evaluation
4.    Closing

CODE OF CONDUCT FOR POLICE OFFICERS

(a) The primary duties of those who hold the office of constable are the protection of life and property, the preservation of the Queen’s peace, and the prevention and detection of criminal offences. To fulfil these duties police officers are granted extraordinary powers; the public and the police service therefore have the right to expect the highest standards of conduct from them.

(b) This Code sets out the principles which guide police officers’ conduct. It does not seek to restrict officers’ discretion: rather, it aims to define the parameters of conduct within which that discretion should be exercised. However, it is important to note that any breach of the principles in this Code may result in action being taken by the organisation, which, in serious cases, could involve dismissal.

(c) Police behaviour, whether on or off duty, affects public confidence in the police service. Any conduct which brings or is likely to bring discredit to the police service may be the subject of sanction. Accordingly, any allegation of conduct which could, if proved, bring or be likely to bring discredit to the police service should be investigated in order to establish whether or not a breach of the Code has occurred and whether formal disciplinary action is appropriate. No investigation is required where the conduct, if proved, would not bring or would not be likely to bring, discredit to the police service.

Honesty and integrity
1. It is of paramount importance that the public has faith in the honesty and integrity of police officers. Officers should therefore be open and truthful in their dealings; avoid being improperly beholden to any person or institution; and discharge their duties with integrity.

Fairness and impartiality
2. Police officers have a particular responsibility to act with fairness and impartiality in
all their dealings with the public and their colleagues.

Politeness and tolerance
3. Officers should treat members of the public and colleagues with courtesy and respect, avoiding abusive or deriding attitudes or behaviour. In particular, officers must avoid: favouritism of an individual or group; all forms of harassment, victimisation or unreasonable discrimination; and overbearing conduct to a colleague, particularly to one junior in rank or service.

Use of force and abuse of authority
4. Officers must never knowingly use more force than is reasonable, nor should they abuse their authority.

Performance of duties
5. Officers should be conscientious and diligent in the performance of their duties. Officers should attend work promptly when rostered for duty. If absent through sickness or injury, they should avoid activities likely to retard their return to duty.

Lawful orders
6. The police service is a disciplined body. Unless there is good and sufficient cause to do otherwise, officers must obey all lawful orders and abide by the provisions of Police Regulations. Officers should support their colleagues in the execution of their lawful duties, and oppose any improper behaviour, reporting it where appropriate.
Confidentiality
7. Information which comes into the possession of the police should be treated as confidential. It should not be used for personal benefit and nor should it be divulged to other parties except in the proper course of police duty. Similarly, officers should respect, as confidential, information about force policy and operations unless authorised to disclose it in the course of their duties.

Criminal offences
8. Officers must report any proceedings for a criminal offence taken against them. Conviction of a criminal offence or the administration of a caution may of itself result in further action being taken.

Property
9. Officers must exercise reasonable care to prevent loss or damage to property (excluding their own personal property but including police property).

Sobriety
10. Whilst on duty2 officers must be sober.

1.  Officers should not consume alcohol when on duty unless specifically authorised to do so or it becomes necessary for the proper discharge of police duty.
2 .  For senior officers and superintendents, "on duty" includes any period when the officer is off duty but has agreed to be available for recall to duty to deal with matters, which might occur within the area(s) he/she has agreed to cover. It does not apply to the general 24-hour responsibility that senior officers and superintendents have for their own command area/department.
3 .  An officer who is unexpectedly called out for duty should be able, at no risk of discredit, to say that he or she has had too much to drink.

Appearance

11. Unless on duties which dictate otherwise, officers should always be well turned out, clean and tidy whilst on duty in uniform or in plain clothes.

General conduct
12. Whether on or off duty, police officers should not behave in a way which is likely to
bring discredit upon the police service.


Task 6.1. Give the derivatives of the words ‘law’, ‘legal’.

The police have the right to … someone being arrested. The main justifications for this are to check for weapons, and for … of the alleged offence
  • Police can't arrest someone on mere … , or just to help with an… ;
  • It is proper for the police to … anyone, and even to ask the person to voluntarily accompany them, to the police station;
  • The person arrested must be told the reason for the … ;
  • If the offence is an indictable one, the police can … and photograph the person;
  • The person must be told about his or her right to talk to a … ;
  • If the person wishes to speak with a lawyer, the police must make a telephone available;
  • Questioning should cease until there has been a reasonable opportunity for the person to get legal advice.
An arrested person is not obliged to answer questions put to him or her by the … . This is a right of the person and no … or suspicion will be placed on the person for exercising this right. The best action the arrested person can take is to get … from a lawyer as soon as possible, and before talking to the police.

Task 6.2. Complete the missing forms:

Noun
Verb
Adjective
Judge
?
?
?
Condemn
?
Approval
?
?
?
?
adoptive
Offence
?
?
?
Suspect
?
Investigation
?
?
?
Assist
?





Task 6.3. Render the following sentences into English:

1.Politsiya menahannya atas tuduhan pembunuhan
2. Ctolichnaya Polisi menggunakan kemajuan teknologi terbaru dalam penyelidikan kejahatan. 3.Londonskaya polisi bersenjata.
4.Sudah memutuskan kerusakan.
5. Dia ditangkap atas tuduhan perampokan bersenjata.
6. FBI sedang menyelidiki kejahatan yang kompleks yang berhubungan dengan terorisme internasional, kejahatan terorganisir dan penyelundupan narkoba.
7. Inggris selama berabad-abad tidak punya polisi nyata. Memelihara ketertiban dan melindungi properti dianggap sebagai masalah warga sendiri.

























Meeting 7
Police Force
Skill    : Speaking
Goals :At the end of this chapter, you should be able to :
Ø  Mastery some of law vocabularies.
Ø  Explain about police force.
Ø  Distinguish the function of the words.

Teaching Method      : Discussion and Report

Activity                       :
g.      Pre (10’)
25.            Greeting
26.            Class preparation
27.            Check the students’ attendance
28.            Discussion relate to lesson

n.     While (80’)
43.  Teacher discuss “Description” with students (10’)
44.  Students doing the activity 1 (10’)
45.  Students doing the activity 2 (10’)
46.  Students doing exercise 1 (10’)
47.  Students doing exercise 2 (10’)
48.  Students doing exercise 3 (10’)
49.  Students present the report in front of class (20’)

o.      Post (10’)
1.    Discuss about material
2.    Conclude the material
3.    Evaluation
4.    Closing

What We Know About Police Use of Force
Maxwell observed that police use weaponless tactics in roughly 80 percent of use-of-force incidents and that half the time the tactic involved grabbing the suspect. Alpert and Dunham  found that in Miami 64 percent of use-offorce incidents involved grabbing or holding the suspect. In the BJS pilot national survey, it was estimated, preliminarily, that about 500,000 people were “hit, held, pushed, choked, threatened with a flashlight, restrained by a police dog, threatened with or actually sprayed with chemical or pepper spray, threatened with a gun, or experienced some other form of force.”8 Three-fifths of these situations, however, involved only holding.

Finally, Pate and Fridell’s survey of law enforcement agencies regarding use of force and civilian complaints also confirms that minor types of force occur more frequently than serious types.9 As a corollary finding, when injuries occur as a result of use of force, they are likely to be relatively minor. Alpert and Dunham observed that the most common injury to a suspect was a bruise or abrasion (48 percent), followed by laceration (24 percent). The kinds of police actions that most captivate the public’s concerns, such as fatal shootings, severe beatings with fists or batons that lead to hospitalization, and choke holds that cause unconsciousness or even death, are not typical of situations in which police use force. These findings reassure us that most police exercise restraint in the use of force, even if one has concerns over the number of times that police resort to serious violence. From a police administrator’s point of view, these findings are predictable. Officers are trained to use force progressively along a continuum, and policy requires that officers use the least amount of force necessary to accomplish their goals. Another affiliated finding is that police rarely use weapons.

 According to Garner and Maxwell 2.1 percent of adult custody arrests involved use of weapons by police. Chemical agents were the weapons most frequently used (1.2 percent of arrests), while firearms were the weapons least often used (0.2 percent of arrests). Most police departments collect statistics on all firearm discharges by officers. These data consistently show that the majority of discharges are accidental or are directed at animals. Only on infrequent occasions do police use
their firearms against the public. One implication of these findings is that increased training in how to use standard police weapons will be of little value in dealing with dayto- day situations that involve use of force.
Training, if it is to be effective in reducing the use of force, needs to focus on how to gain compliance without resorting to physical coercion.


Use of force typically occurs when police are trying to make an arrest and the suspect is resisting.
Research indicates that police are most likely to use force when pursuing a suspect and attempting to exercise their arrest powers. Furthermore, resistance by the public increases the likelihood that police will use force. These findings appear intuitively sound given the mandate that police have regarding use of force. Police may use force when it is necessary to enforce the law or to protect themselves or others from harm. The findings also seem logical in view of police training curriculums and departmental regulations. Alpert and Dunham find that police almost always follow the prescribed sequence of control procedures they are taught, except when suspect resistance is high, in which case they tend to skip the intermediate procedure. The conclusion that police are most likely to use force when dealing with criminal suspects, especially those who are resisting arrest, is based on four types of data: arrest statistics, surveys of police officers, observations of police behavior, and reports by the public about their encounters with police. Arrest statistics show that resisting-arrest charges often are involved in situations in which officers use force. The interpretation
“The first tactic used in an incident is nearly always the least severe use of force on the continuum, and the second…is nearly always the second-most lenient.” —Alpert and Dunham, page 48 of this report.
Task 7.1. Read the text and translate words and expressions given in bold type in writing:

What is the Police Force?

As the largest and most visible of the UK's law enforcement agencies, the Police Force has become an everyday feature of modern society, aiming to provide the public with a safe environment in which to live  The main objective of the first police force was to work with the cooperation of the public to ensure law and order, and its success stemmed from the deliberately civil and courteous manner in which the police constables were instructed to address the public. This basic premise has not changed, and the modern police force exist to protect the public and keep the peace throughout the UK.

How does it fight crime?

The 1964 Police Act was integral in creating the modern day structure of the police force, dividing responsibility between the home secretary, local police authorities and chief constables. The home secretary has the overall responsibility for the police force, but their role is as supervisor and co-ordinator of the force. The 'direction and control' of each regional force falls to the chief constables, with the police authorities overseeing their work to ensure 'adequate and efficient' work is carried out by all police forces. This three-way 'tripartite' system has been effectively implemented as it avoids political interference in policing, and doesn't give any single organisation, or individual, power over the activities or functions of the police force. In Scotland, the Justice Minister has responsibility for the eight regional police forces. Police authorities maintain each regional force in England and Wales, and since the provisions laid out in the Police and Magistrates' Courts Act, they must be made up of local councillors, magistrates and independent members. Each authority receives central government grants and appoints a chief constable to their region, subject to the approval of the home secretary and other regulations.
The chief constable is responsible for the general organisation of the regional force, which includes setting local objectives and co-ordinating the publication of annual policing plans and report. To ensure that the policing standards are universally met, all regional forces are monitored by HM Inspectors of Constabulary (HMIC), who for the last century have been tasked with improving efficiency within the police force. In Scotland, police forces are also run by authorities and police boards. In addition to the regional police forces, there are many non-geographic police forces within England and Wales such as the British Transport Police and the Royal Parks Police who work with the regular police force to prevent crime in particular areas. The British Transport Police deal with all offences committed on trains or at stations, the Royal Parks Police officers have definite territorial areas to police, and the Ministry of Defence (MoD) Police patrol all MoD buildings and grounds. Every regional police force is also assisted by the Special Constabulary, a part-time volunteer force that has the same policing powers as the full force.
Meeting 8
FAIR TRIAL: THE JURY
Skill     : Reading
Goals : At the end of this chapter, you should be able to :
Ø  Mastery some of law vocabularies.
Ø  Explain about fair trial.
Ø  Distinguish the function of the words.
Ø  Know about the jury duties and rights.

Teaching Method      : Discussion and Report

Activity                       :
h.     Pre (10’)
29.            Greeting
30.            Class preparation
31.            Check the students’ attendance
32.            Discussion relate to lesson

p.     While (80’)
50.  Teacher discuss “Description” with students (10’)
51.  Students doing the activity 1 (10’)
52.  Students doing the activity 2 (10’)
53.  Students doing exercise 1 (10’)
54.  Students doing exercise 2 (10’)
55.  Students doing exercise 3 (10’)
56.  Students present the report in front of class (20’)

q.     Post (10’)
1.    Discuss about material
2.    Conclude the material
3.    Evaluation
4.    Closing


“Why should there not be a patient confidence in the ultimate
justice of the people? Is there any better or equal hope in the
world?”
– Abraham Lincoln
The concept of a jury trial is rooted deep in history. Mythology has it that Ares was acquitted for the murder of Halirrothius, son of Poseidon, when the jury of twelve gods split six to six. Similarly, Aeschylus, who died in 456 B.C., tells the story in his play Eumenides of the founding of the jury by the patron goddess of wisdom, Pallas Athena, who may have been the world’s first foreperson of a jury. Although non-mythological juries existed prior to 1200, it was in 1215 that the Magna Carta formally provided that “no free man shall be taken or imprisoned or disseised, or outlawed, or banished, or any ways destroyed, nor will we pass upon him, nor will we send upon him unless by the lawful judgment of his peers, or by the law of the land.” The concept of a jury of your “peers” has never meant people that are exactly like you, but rather jurors representing a cross-section of your community that have the same rights and privileges as you – people of equal legal standing, which, in the United States, is each of us. The right to trial by jury was specifically mentioned in King James I’s Instructions for the Government of the Colony of Virginia in 1606 and trial by jury was introduced into the Massachusetts Bay Colony in 1628. George III appointed judges (as long as the verdicts favored the Crown) and often moved trials to distant locations.

Our Declaration of Independence list one of the grievances against the king as his “depriving us, in many cases, of the benefits of Trial by Jury.” John Adams referred to the jury as the “heart and lungs of liberty.” Thomas Jefferson considered trial by jury as “the only anchor ever imagined by man, by which government can be held to the principles of its constitution.” Alexander Hamilton wrote in the Federalist Papers that “the friends and adversaries of the plan of the convention, if they agree on nothing else, concur at least in the value they set upon the trial by jury; or if there is any difference between them, it consists of this: the former regard it as a valuable safeguard to liberty; the latter represent it as the very palladium of free government.” The Sixth Amendment to the United States Constitution provides that “in all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed. . ..” Although the Bill of Rights is only applicable to the federal government, the Fourteenth Amendment’s guarantee of due process to citizens of the States incorporates the right to a jury trial because it is “inherent in a system of ordered justice,” is a “fundamental right, essential to a fair trial,” is “basic to our system of jurisprudence,” and is a “fundamental principle of liberty and justice which lies at the base of our civil and political institutions.” Similarly, the Constitution of the State of Ohio, in Article I, Section 10, provides the right to a “speedy public trial by an impartial trial of the county in which the offense is alleged to have been committed.” There are, of course, alternatives to the jury system.

Trial by ordeal (e.g., holding a hot iron), divine intervention (e.g., being thrown into water to see if you float or sink), trial by combat, and compurgation (parties would hire professional oath-takers) have been ‘tried.’ However, ever since its founding, our country has shown a reluctance to entrust power over the life, liberty, and property of our citizens to such arbitrary processes or even to one judge or group of judges. The jury is, in essence, a mini-democracy. Just as we allow“common” citizens to vote and decide who should govern them, the jury system represents a political decision that one’s fellow citizens are best qualified to make fundamental decisions of guilt, innocence, and fault, and serves as a check on caprice; it is, however, totally dependent on citizen participation. Formerly in Ohio, the law provided that elected public officials, physicians, attorneys, cloistered members of religious organizations, dentists, and persons over 70 years of age were automatically exempt from jury service. Also exempted were certain volunteer firemen and officers and enlisted personnel of the Ohio National Guard during their service.

The law has changed and there are no more automatic occupational or age exemptions.
Rather, the law provides that the Court shall not excuse a person who is drawn as a juror unless it is shown (1) that the juror is necessarily absent from the county and will not return in time to serve;
(2) the interests of the public or of the juror will be materially injured by the juror’s attendance;
(3) the juror is physically unable to serve;
(4) the juror’s spouse or a near relative of the juror or the juror’s spouse has recently died or is dangerously ill;
 (5) the juror has been called as a juror for trial in a court of record in the county within the same jury
year; or
 (6) the juror is a cloistered member of a religious organization (or Amish).


Task 8.1. Supply the text with missing words given in the box:


sheriff, lawyer, ‘not guilty’, accused, jury , at random, criminal, pleads, panel, civil, scheduled, trials, ‘guilty’, case, potential, selection
     1) Jury panels are called to provide a pool of … jurors for upcoming … . The … remains active for up to two months. As a member of the panel, you must attend one or two jury … processes during that period. At the jury selection, a …will be chosen for each trial … for that month. The trial may be a …. or …case. On average, fewer than 15 percent of trials are civil cases. The type of trial is indicated on the Summons. Jury selection for criminal trials are attended by the person … of an offence, defence counsel (the … representing the accused), Crown counsel (the lawyer who prosecutes the…), and court staff. Twelve jurors are chosen for each criminal trial.
     The clerk of the court will read the charges and ask the accused to plead ‘…’ or ‘…’. If the accused …not guilty, the trial begins with the selection of a jury. You will be told when the trial will be held and how long it is expected to last. On average, criminal trials last two to ten days. The clerk of the court begins the selection process by drawing names of panelists from a box … . If your name is called, answer "here" and move to the front of the court as directed by the … . The clerk will continue drawing names until about 15 or 20 panelists have been called.



Task 8.2. Complete the following sentences using the information of the chapter:

a)                   A jury is a body of lay men and women randomly selected to …. …. .
b)                   The Latin word ‘veredictummeans ……. .
c)                   The United States Constitution guarantees its citizens the right to a trial by … … .
d)                  To be eligible for jury service, you must be ...  ….
e)                   The ‘jury pool’ is the group …  … .
f)                    The process of questioning is called Voir Dire, a phrase meaning … .
g)                   In Scotland the jury`s verdict may be … … .
h)                  Prospective jurors are chosen at random from … … .
i)                    The judge … … – that is, makes decisions on legal issues that come up during the trial.

Task 8.3. Give the English equivalents for the following words and expressions:

1.proigrat/vyigrat sidang
2.nemotivirovanny menantang juri
3.sudebnye biaya
4.prinyat sumpah
5.veschestvennye bukti
6.vosstanavlivat dalam Undang-Undang Hak-Hak Sipil
7.edinoglasnoe putusan
8.osvobozhdat dari tugas juri
9. tidak memihak
10. proses pengadilan

Task 8.4. Supply the sentences with the correct prepositions where necessary:

1.                  Any attempt to interfere … a jury is a criminal offence
2.                   People convicted … certain offences within the previous ten years cannot serve …a jury
3.                   Do not take offence if you are excused … serving … a particular jury.
4.                   Your name was selected …random … voter registration records.
5.                 Jury membership was once linked …the ownership of property, which resulted … male and middle-class dominance.
6.                   Why was there a need … jury system?
7.                   When he was … trial, he couldn`t even see half of the jury.
8.                   A person should not say or write anything that he or she would not be willing to state … oath.
9.                  Anyone who has received a prison sentence … five years or more is disqualified … life.
10.              Sometimes the judge will explain why you were sent …, but sometimes he may not be able to do so.


Task 8.5. Match the words with their definitions:

a)      eligible b) accused c) verdict d) law-abiding e) prosecution f) appeal g) pane, h) evidence i) juror j) acquit k) judge l) barrister

1. A public official who hears and decides cases in a law court.
2. Legally qualified to be elected or appointed to office.
3. To declare not guilty of a crime or offence; release or clear from a charge.
4. A thing or things helpful in forming a conclusion or judgment.
5. Keeping the law; obedient to law.
6. To apply for review of a case or particular issue to a higher tribunal.
7. The name for the team of people (lawyers and so on) bringing proceedings against someone else.
8. The list of people who have been summoned for jury service
9. One of the people who are acting as a jury.
10. A lawyer who can speak in the higher courts, which a solicitor is not allowed to do.
12. The person charged with a criminal offence.
12. The jury's decision at the end of a case.

Task 8.6. Make opposites of the following words by adding negative prefixes:

Deed, conduct, judgment, just, behave, proper, trust, regular, obedient, true, moral, honest, logically, responsibly, agreeable

Task 8.7. Give the word-combinations with the following words:

Verdict, trial, proceeding(s), witness, evidence





Task 8.8. Work out the meaning of the following words and expressions and translate them into Bahasa indonesia:

1) litigation expenses                              7) a convicted felon
2) peremptory challenge                         8) jury pool
3) jury for the case                                  9) prejudice
4) to make an impartial decision            10) jury of one`s peers
5) to give a true verdict                           11) police custody
6) evidence for the defence                     12) apprehension
Task 4.9. Answer the following questions using the information of the chapter:

What are the types of challenges?
What are the reasons for a person to be excused from jury service?
What is the aim of Voir Dire?














Meeting 9
Criminal Trials
Skill     : Speaking
Goals : At the end of this chapter, you should be able to :
Ø  Mastery some of law vocabularies.
Ø  Explain about criminal trials.
Ø  Distinguish the function of the words.

Teaching Method      : Discussion and Report

Activity                       :
i.        Pre (10’)
33.            Greeting
34.            Class preparation
35.            Check the students’ attendance
36.            Discussion relate to lesson

r.      While (80’)
57.  Teacher discuss “Description” with students (10’)
58.  Students doing the activity 1 (10’)
59.  Students doing the activity 2 (10’)
60.  Students doing exercise 1 (10’)
61.  Students doing exercise 2 (10’)
62.  Students doing exercise 3 (10’)
63.  Students present the report in front of class (20’)

s.       Post (10’)
1.    Discuss about material
2.    Conclude the material
3.    Evaluation
4.    Closing

This booklet has two sections.
The FIRST section tells you what will happen before  trial. It explains:
• the court procedures that will take place before trial (such as your first appearance, arraignment hearing, and trial confirmation hearing), and
• how to get the information that you will need for your trial. Use the checklist to make sure that you are ready for trial. Use the chart to help you understand the court procedures that will take place before trial.

The SECOND section of this booklet tells you what will happen at  trial. It explains:
• who the people in the courtroom are and what they do, and
• what you need to do during your trial.
Use the checklist to make sure that you do everything you need to do at trial. Also use this checklist to see whether the prosecutor has proven all the necessary parts of the charge against you. Use the chart  to help you understand the steps that will happen during your trial.

BEFORE  TRIAL
There are several stages in the criminal court process before your actual trial. You need to get as much information as possible during this time so that you can defend yourself as effectively as possible. This section has general information about different types of offences and the importance of getting legal advice. It also explains the court procedures that will take place before y trial, and outlines how to get information about the charge against you.
What can a lawyer do?
A lawyer can give you specific advice on:
• what evidence the prosecutor plans to use and what he or she has to prove;
• whether plea discussions with the prosecutor will get you a better result than a trial;
• whether you can object to the use of any of the prosecutor’s evidence (see page 20);
• whether any of your rights under the Charter of Rights and Freedoms have been violated, and if so, how this might affect your trial ;
• how to present your evidence or gather further evidence, including expert evidence;
• legal arguments;
• options to consider regarding possible sentencing by the judge; and
• whether you should testify.

A lawyer can also explain the disclosure and the information, tell you about alternative measures, help you get a stay of proceedings , or help you speak to sentence. If you have questions about any of these matters, write them down as you prepare for your meeting with the lawyer. To get the most benefit from your meeting, here are some other things you can do to prepare:
• Get a copy of the information and the disclosure  and read them carefully before you go to the lawyer.
• Prepare a rough outline of your defence.
• Read the rest of this booklet.
Who are the people in court and what
do they do?

Judge
The judge sits at the front of the room at a raised desk. He or she usually wears a black legal robe and faces you. Always call the judge “Your Honour.” The judge decides if you are guilty or not. If you plead guilty or are found guilty after a trial, the judge also decides your sentence.

Justice of the peace
The justice of the peace sits at the front of the courtroom. A justice of the peace might be in charge at your first appearance, your arraignment, and/or your trial confirmation hearing. While he or she does not have the same powers as a judge, the justice of the peace can issue warrants and hear bail hearings.

Prosecutor
The prosecutor presents the case against you for the government, or the state, which is often called the Crown. He or she usually sits at a table at the right-hand side of the courtroom, facing the judge or justice of the peace. The prosecutor may be called the Crown, Crown counsel, or by his or her own name. The case he or she presents is often called the Crown’s case. You may encounter different prosecutors at different stages of your case.

Court clerk
The court clerk sits in front of the judge or justice of the peace and performs tasks such as calling the court to order, handing exhibits (physical evidence, such as papers) to the judge or justice of the peace, calling the witnesses, and writing down orders.

This drawing shows an average courtroom. The people involved may be different each time you go to court, but their jobs stay the same.
what the different people in the courtroom do

Sheriff/police
Sheriffs make sure courtrooms are safe. At your first appearance, a sheriff will probably call your name and let you know when it is your turn to come forward.

The accused
In the courtroom you may be called the accused instead of by your name. When your case is called, you sit at a table facing the judge or justice of the peace. Usually, the table is on the left-hand side of the courtroom.

Witnesses
The first time you go to court (your first appearance) there will not be any witnesses. Later, if there is a trial, there will be witnesses brought to court by the prosecutor (Crown witnesses), and defence witnesses that you bring to court. Witnesses for both the Crown and defence are brought to court to tell what they know about the offence. What they say under oath is called their evidence.
During a trial, witnesses are usually asked to leave the courtroom until it is time for them to give evidence. As the accused, you have the right to be in the courtroom at all times, even if you are going to be a witness yourself. All the other witnesses sit in a waiting area until they are called into the courtroom. Witnesses give evidence from the witness box at the front of the courtroom. The witnesses can sit in the public seats when they have finished. If you give evidence, you also use the witness box.

Public
Members of the public are allowed to come and watch trials. There are rows of seats for them at the back of the courtroom. Before your case comes up, you can go to a courtroom and watch so that you will have an idea of what to expect when it is your turn to go to court.

AT TRIAL
After you have been to your first appearance, arraignment hearing, and trial confirmation hearing, and have contacted a lawyer for legal advice, your trial is the next step. This section explains what you need to do during your trial. Before trial date arrives, you can go to court and watch some other cases. You will see how the court works, where everybody sits, and what different people say and do. If you visit the court before you have to appear yourself, you will be less nervous when
you go to court for your own case.
There are seven steps in every criminal trial:
1. The case is called.
2. The trial begins.
3. The exclusion order is made, if requested.
4. The prosecutor presents the Crown’s case.
5. You present your case. (You are called “the defence.”)
6. Both you and the prosecutor sum up (make a conclusion about)
your positions. This is called the submissions.
7. The judge makes a decision.
These steps always follow one right after the other in this order. You have the right to a fair trial. Listen carefully and ask the judge to explain anything you do not understand. The judge has a duty to help you understand the process to ensure a fair trial.





Task 9.1. Translate the following legal definitions into Bahasa indonesia:
Appellant
the person who is appealing to a court against a decision of a lower court.
Bail
to pay, or promise to pay, an amount of money so that an accused person is not put in prison before the trial. If the accused person does not appear at the trial, the court can keep the money put up for bail.
Claimant
the person making a claim.
Defendant
a person defending a court action which has been taken against them.
Plaintiff
the person who goes to court to make a claim against someone else. (Since April 1999, this term has been replaced with 'Claimant'.)
Compensation
money paid to make up for damage or loss caused.
Assault
when someone threatens another person with physical harm. Words on their own do not amount to assault but threatening gestures do, even if the person threatened is not touched
Counterclaim
making a claim in court against someone who has already made a claim in court against you.

Task 9.2. Complete the following text by using words given below:
Selection for Criminal Trials
1) Jury selection for criminal trials are attended by the person … of an offence, defence counsel (… representing the accused), Crown counsel (the lawyer who prosecutes the case), and court staff. Twelve … are chosen for each criminal trial. The clerk of the court will read the … and ask the accused to plead "guilty" or "not guilty". If the accused … not guilty, the trial begins with the … of a jury. You will be told when the trial will be held and how long it is expected to last. On average, … trials last two to ten days.
2) Next, one of three things can happen:
  • Crown or defence counsel may "… " each panelist who has been called. A challenge simply means that either lawyer does not want you to serve as a … in that particular case. If challenged, you will be asked to go back to your seat. Your name will be re-entered in the … , from which names for other juries will be drawn, and you may be called again later.
  • Both counsel may … to you serving as a juror on the … . Once accepted, you will be …in or affirmed and then seated in the jury box. If for any reason you feel you cannot … , tell the sheriff or request to speak to the … before being sworn in or affirmed.
  • You may be asked to "stand aside." Again, no … will be given. Once asked to stand aside, you must … until 12 jurors have been chosen, then you can return to your seat.
Selection, serve, juror, judge, explanation, challenge, consent, box, charges, trial. pleads, wait, lawyer, jurors, criminal, accused, or sworn
Task 9.3. Match the following English expressions with their Bahasa indonesia equivalents:
1.      vital evidence
2.      to search for evidence
3.      hearsay evidence
4.      to suppress evidence
5.      civil evidence
6.      sworn evidence
7.      damaging evidence
8.      admissible in evidence
9.      to introduce evidence
10.  to weigh evidence
a. sipil bukti
b. menyembunyikan bukti
c. bukti sumpah
d. mencari bukti
e. penting bukti
f. bukti bukti desas-desus desas-desus
g. mengevaluasi bukti
h. memberikan bukti
i. diterima sebagai bukti
j. memfitnah bukti
ство

Task 9.4. Name the legal terms that mean the following:

1) A decision that is made by a jury in the court.
2) Any proceeding, action, cause, lawsuit or controversy initiated through the court system by filing a complaint, petition or information.
3) A person who testifies under oath in court   regarding what was seen, heard or otherwise observed.
4) A form of proof legally presented at a trial through witnesses, records, documents.
5) The party that begins an action, complains or sues.
6) A person charged with a crime.

Task 9.5. Make pairs of the following words:

1.      jury
2.      civil
3.      physical
4.      closing
5.      overrule
6.      unanimous
7.      bailed
8.      litigation
9.      severe
10.  credible
a.       witness
b.      defendant
c.       case
d.      verdict
e.       exhibit
f.       arguments
g.      objection
h.      punishment
i.        trial
j.        expenses


Task 9.6. Arrange the actions listed below into a logical chain.
After the jury is seated, the trial will be held as follows:
1) Closing arguments from both sides.
2) Jury instruction by the judge.
3) Prosecution (criminal trial) or Plaintiff (civil trial) calls witnesses and presents evidence to make its case.
4) Defense calls witnesses and presents evidence to disprove the prosecution's/plaintiff's case.
5) Jury verdict.
6) Rebuttal witnesses may be called to answer the claims made by defense witnesses.
7) Opening statements from both sides.
8) Jury deliberation.

Task 9.7. Find the English equivalents for the following words and expressions:

1. menjawab tak bersalah
2. menggugat
3. beban pembuktian
4. klaim
5. terdakwa rekor
6. memimpin penggugat di pengadilan
7. dominan bukti
8. tuntutan balasan
9. juru sita
10. praduga tak bersalah
11. dukungan pr
1. menolak protes
2. kredibilitas saksi
3. sah protes
4. tidak bersalah
5. putusan akhir
6. obyektivitas juri
7. penggugat
8. narapidana
9. putusan
10. jaksa
11. putusan dibenarkan pada






Task 9.8. Complete the sentences by using some of the prepositions:

1.      The jury retires to the jury room to conduct the deliberations … the verdict …the case they have just heard.
2.      The judge discharges the jury …the case.
3.      Most often, the party bringing the suit is asking … money damages … some wrong that has been done
4.      As a juror, you may sit … a criminal case, or civil case, or both.
5.      There may be many plaintiffs or many defendants … the same case.
6.      It is … to the plaintiff to prove the case … the defendant.
7.      The police swear a complaint and present it … a judge
8. An arrested person is not obliged to answer questions put … him or her … the police.
9. Police can't arrest someone … mere suspicion, or just to help … an investigation.
10. The police have the right … search someone being arrested. The main justifications … this are to check … weapons, and … evidence … the alleged offence.

Task 9.9. Form nouns of the following verbs and adjectives:
to detect –                        tolerant -
to acquit -                        violent -
to convict –                      possible -
to prosecute -                   confident -
to affect -                         different -
to codify –                       deterrent –
Task 9.10. Pick up all the word combinations with the following legal terms and give their Bahasa indonesia equivalents:

1) jury                     4) innocence
2) verdict                 5) case
3) defendant             6) plaintiff

Task 9.11. Answer the following questions using the information of the chapter:

  1. Can you name the steps of the trial?
  2. Who can sustain or overrule an objection?
  3. What is a burden of proof?
  4. What is preponderance of evidence?
  5. Do jury deliver justice?

Meeting 10
The Roots Of The Jury
Skill     : Speaking

Goals  : At the end of this chapter, you should be able to :
Ø  Mastery some of law vocabularies.
Ø  Explain about the root of the jury.
Ø  Distinguish the function of the words.
Ø  Describe differences The Roots of the Jury in England and the Colonial United States


Teaching Method      : Discussion and Report

Activity                       :
j.       Pre (10’)
37.            Greeting
38.            Class preparation
39.            Check the students’ attendance
40.            Discussion relate to lesson

t.       While (80’)
64.  Teacher discuss “Description” with students (10’)
65.  Students doing the activity 1 (10’)
66.  Students doing the activity 2 (10’)
67.  Students doing exercise 1 (10’)
68.  Students doing exercise 2 (10’)
69.  Students doing exercise 3 (10’)
70.  Students present the report in front of class (20’)

u.     Post (10’)
1.    Discuss about material
2.    Conclude the material
3.    Evaluation
4.    Closing



GENERAL PRINCIPLES
PRINCIPLE 1– THE RIGHT TO JURY TRIAL SHALL BE PRESERVED
A. Parties in civil matters have the right to a fair, accurate and timely jury trial in accordance with law.
B. Parties, including the state, have the right to a fair, accurate and timely jury trial in criminal prosecutions in which confinement in jail or prison may be imposed.
C. In civil cases the right to jury trial may be waived as provided by applicable law, but waiver should neither be presumed nor required where the interests of justice demand otherwise.
D. With respect to criminal prosecutions:
1. A defendant’s waiver of the right to jury trial must be knowing and voluntary, joined in by the prosecutor and accepted by the court.
2. The court should not accept a waiver unless the defendant, after being advised by the court of his or her right to trial by jury and the consequences of waiver, personally waives the right to trial by jury in writing or in open court on the record.
3. A defendant may not withdraw a voluntary and knowing waiver as a matter of right, but the court, in its discretion, may permit withdrawal prior to the commencement of trial.
4. A defendant may withdraw a waiver of jury, and the prosecutor may withdraw its consent to a waiver, both as a matter of right, if there is a change of trial judge.
E. A quality and accessible jury system should be maintained with budget procedures that will ensure adequate, stable, long-term funding under all economic conditions.

PRINCIPLE 2 – CITIZENS HAVE THE RIGHT TO PARTICIPATE IN JURY
SERVICE AND THEIR SERVICE SHOULD BE FACILITATED
A. All persons should be eligible for jury service except those who:
1. Are less than eighteen years of age; or
2. Are not citizens of the United States; or
3. Are not residents of the jurisdiction in which they have been summoned to serve; or
4. Are not able to communicate in the English language and the court is unable to provide a satisfactory interpreter; or
5. Have been convicted of a felony and are in actual confinement or on probation, parole or other court supervision.
B. Eligibility for jury service should not be denied or limited on the basis of race, national origin, gender, age, religious belief, income, occupation, disability, sexual orientation, or any other factor that discriminates against a cognizable group in the jurisdiction other than those set forth in A. above.
C. The time required of persons called for jury service should be the shortest period consistent with the needs of justice.
1. Courts should use a term of service of one day or the completion of one trial, whichever is longer.
2. Where deviation from the term of service set forth in
C.1. above is deemed necessary, the court should not require a person to remain available to be selected for jury service for longer than two weeks.
D. Courts should respect jurors’ time by calling in the minimum number deemed necessary and by minimizing their waiting time.
1. Courts should coordinate jury management and calendar management to make effective use of jurors.
2. Courts should determine the minimally sufficient number of jurors needed to accommodate trial activity. This information and appropriate management techniques should be used to adjust both the number of persons summoned for jury duty and the number assigned to jury panels.
3. Courts should ensure that all jurors in the courthouse waiting to be assigned to panels for the first time are assigned before any juror is assigned a second time.
E. Courts should provide an adequate and suitable environment for jurors, including those who require reasonable accommodation due to disability.

F. Persons called for jury service should receive a reasonable fee.
1. Persons called for jury service should be paid a reasonable fee that will, at a minimum, defray routine expenses such as travel, parking, meals and child-care. Courts should be encouraged to increase the amount of the fee for persons serving on lengthy trials.
2. Employers should be prohibited from discharging, laying off, denying advancement opportunities to, or otherwise penalizing employees who miss work because of jury service.
3. Employers should be prohibited from requiring jurors to use leave or vacation time for the time spent on jury service or be required to make up the time they served.

PRINCIPLE 3 – JURIES SHOULD HAVE 12 MEMBERS
A. Juries in civil cases should be constituted of 12 members wherever feasible and under no circumstances fewer than six members.
B. Juries in criminal cases should consist of:
1. Twelve persons if a penalty of confinement for more than six months may be imposed upon conviction;
2. At least six persons if the maximum period of confinement that may be imposed upon conviction is six months or less.
C. At any time before verdict, the parties, with the approval of the court, may stipulate that the jury shall consist of fewer jurors than required for a full jury, but in no case fewer than six jurors. In criminal cases the court should not accept such a stipulation unless the defendant, after being advised by the court of his or her right to trial by a full jury, and the consequences of waiver, personally waives the right to a full jury either in
writing or in open court on the record.

PRINCIPLE 4 – JURY DECISIONS SHOULD BE UNANIMOUS
A. In civil cases, jury decisions should be unanimous wherever feasible. A less-than-unanimous decision should be accepted only after jurors have deliberated for a reasonable period of time and if concurred in by at least five-sixths of the jurors. In no civil case should a decision concurred in by fewer than six jurors be accepted, except as provided in C. below.
B. A unanimous decision should be required in all criminal cases heard by a jury.
C. At any time before verdict, the parties, with the approval of the court, may stipulate to a less-than-unanimous decision. To be valid, the stipulation should be clear as to the number of concurring jurors required for the verdict. In criminal cases, the court should not accept such a stipulation unless the defendant, after being advised by the court of his or her right to a unanimous decision, personally waives that right, either in writing or in open court on the record.

PRINCIPLE 5 – IT IS THE DUTY OF THE COURTS TO ENFORCE AND
PROTECT THE RIGHTS TO JURY TRIAL AND JURY SERVICE
A. The responsibility for administration of the jury system should be vested exclusively in the judicial branch of government.
1. All procedures concerning jury selection and service should be governed by rules and regulations promulgated by the state’s highest court or judicial council.
2. A unified jury system should be established wherever feasible in areas that have two or more courts conducting jury trials. This applies whether the courts are of the same or of differing subject matter or geographic jurisdiction.
3. Responsibility for administering the jury system should be vested in a single administrator or clerk acting under the supervision of a presiding judge of the court.

B. Courts should collect and analyze information regarding the performance of the jury system on a regular basis in order to ensure:
1. The representativeness and inclusiveness of the jury source list;
2. The effectiveness of qualification and summoning procedures;
3. The responsiveness of individual citizens to jury duty summonses;
4. The efficient use of jurors; and
5. The reasonableness of accommodations being provided to jurors with disabilities.

PRINCIPLE 6 – COURTS SHOULD EDUCATE JURORS REGARDING THE
ESSENTIAL ASPECTS OF A JURY TRIAL
A. Courts should provide orientation and preliminary information to persons called for jury service:
1. Upon initial contact prior to service;
2. Upon first appearance at the courthouse; and
3. Upon reporting to a courtroom for juror voir dire.
B. Orientation programs should be:
1. Designed to increase jurors’ understanding of the judicial system and prepare them to serve competently as jurors;
2. Presented in a uniform and efficient manner using a combination of written, oral and audiovisual materials; and
3. Presented, at least in part, by a judge.
C. Throughout the course of the trial, the court should provide instructions to the jury in plain and understandable language.
1. The court should give preliminary instructions directly following empanelment of the jury that explain the jury’s role, the trial procedures including note-taking and questioning by jurors, the nature of evidence and its evaluation, the issues to be addressed, and the basic relevant legal principles, including the elements of the charges and claims and definitions of unfamiliar legal terms.
2. The court should advise jurors that they have been selected to serve as jurors or alternates in a trial, they are under an obligation to refrain from talking about the case outside the jury room until the trial is over and the jury has reached a verdict.At the time of such instructions in civil cases,the court may inform the juror about the permissibility of discussing the evidence among themselves as contemplated in Standard 13 F.
3. The court should give such instructions during the course of the trial as are necessary to assist the jury in understanding the facts and law of the case being tried as described in Standard 13 D. 2.
4. Prior to deliberations, the court should give such instructions as are described in Standard 14 regarding the applicable law and the conduct of deliberations.

PRINCIPLE 7 – COURTS SHOULD PROTECT JUROR PRIVACY INSOFAR AS
CONSISTENT WITH THE REQUIREMENTS OF JUSTICE AND THE PUBLIC
INTEREST
A. Juror interest in privacy must be balanced against party and public interest in court proceedings.
1. Juror voir dire should be open and accessible for public view except as provided herein. Closing voir dire proceedings should only occur after a finding by the court that there is a threat to the safety of the jurors or evidence of attempts to intimidate or influence the jury.
2. Requests to jurors for information should differentiate among information collected for the purpose of juror qualification, jury administration, and voir dire.
3. Judges should ensure that jurors’ privacy is reasonably protected, and that questioning is consistent with the purpose of the voir dire process.
4. Courts should explain to jurors how the information they provide will be used, how long it will be retained, and who will have access to it.
5. Courts should consider juror privacy concerns when choosing the method of voir dire (open questioning in court, private questioning at the bench, or a jury questionnaire) to be used to inquire about sensitive matters.
6. Courts should inform jurors that they may provide answers to sensitive questions privately to the court, and the parties.
7. Jurors should be examined outside the presence of other jurors with respect to questions of prior exposure to potentially prejudicial material.
8. Following jury selection and trial, the court should keep all jurors’ home and business addresses and telephone numbers confidential and under seal unless good cause is shown to the court which would require disclosure. Original records, documents and transcripts relating to juror summoning and jury selection may be destroyed when the time for appeal has passed, or the appeal is complete, whichever is longer, provided that, in criminal proceedings, the court maintains for use by the parties and the public exact replicas (using any reliable process that ensures their integrity and preservation) of those items and devices for viewing them.

B. Without express court permission, surveillance of jurors and prospective jurors outside the courtroom by or on behalf of a party should be prohibited.
C. If cameras are permitted to be used in the courtroom, they should not be allowed to record or transmit images of the jurors’ faces.

PRINCIPLE 8 -- INDIVIDUALS SELECTED TO SERVE ON A JURY HAVE AN ONGOING INTEREST IN COMPLETING THEIR SERVICE

During trial and deliberations, a juror should be removed only for a compelling reason. The determination that a juror should be removed should be made by the court, on the record, after an appropriate hearing.

ASSEMBLING A JURY
PRINCIPLE 9 – COURTS SHOULD CONDUCT JURY TRIALS IN THE VENUE REQUIRED BY APPLICABLE LAW OR THE INTERESTS OF JUSTICE
A. In civil cases where a jury demand has been made, a change of venue may be granted as required by applicable law or in the interest of justice.
B. In criminal cases, a change of venue or continuance should be granted whenever there is a substantial likelihood that, in the absence of such relief, a fair trial by an impartial jury cannot be had. A showing of actual prejudice should not be required.
C. Courts should consider the option of trying the case in the original venue but selecting the jury from a new venue. In addition to all other considerations relevant to the selection of the new venue, consideration
should be given to whether the original venue would be a better location to conduct the trial due to facilities, security, and the convenience of the victims, court staff, and parties. This should be balanced against the possible inconvenience to the jurors.

PRINCIPLE 10 – COURTS SHOULD USE OPEN, FAIR AND FLEXIBLE PROCEDURES TO SELECT A REPRESENTATIVE POOL OF PROSPECTIVE JURORS
A. Juror source pools should be assembled so as to assure representativeness and inclusiveness.
1. The names of potential jurors should be drawn from a jury source list compiled from two or more regularly maintained source lists of persons residing in the jurisdiction. These source lists should be
updated at least annually.
2. The jury source list and the assembled jury pool should be representative and inclusive of the eligible population in the jurisdiction. The source list and the assembled jury pool are representative of the population to the extent the percentages of cognizable group members on the source list and in the assembled jury pool are reasonably proportionate to the corresponding percentages in the population.
3. The court should periodically review the jury source list and the assembled jury pool for their representativeness and inclusiveness of the eligible population in the jurisdiction.
4. Should the court determine that improvement is needed in the representativeness or inclusiveness of the jury source list or the assembled jury pool, appropriate corrective action should be taken.
5. Jury officials should determine the qualifications of prospective jurors by questionnaire or interview, and disqualify those who fail to meet eligibility requirements.
B. Courts should use random selection procedures throughout the juror
selection process.
1. Any selection method may be used, manual or automated, that provides each eligible and available person with an equal probability of selection, except when a court orders an adjustment for underrepresented populations.
2. Courts should use random selection procedures in:
a. Selecting persons to be summoned for jury service;
b. Assigning jurors to panels;
c. Calling jurors for voir dire; and
d. Designating, at the outset of jury deliberations, those jurors who will serve as “regular” and as “alternate” jurors.
3. Departures from the principle of random selection are appropriate:
a. To exclude persons ineligible for service in accordance with basic eligibility requirements;
b. To excuse or defer jurors in accordance with C. below;
c. To remove jurors for cause or if challenged peremptorily in accordance with D. and E. below; or
d. To provide jurors who have not been considered for selection with an opportunity to be considered before other jurors are considered for a second time, as provided for in Standard 2 D. 3.
C. Exemptions, excuses, and deferrals should be sparingly used.
1. All automatic excuses or exemptions from jury service should be eliminated.
2. Eligible persons who are summoned may be excused from jury service only if:
a. Their ability to perceive and evaluate information is so impaired that even with reasonable accommodations having been provided, they are unable to perform their duties as jurors and they are excused for this reason by a judge; or
b. Their service would be an undue hardship or they have served on a jury during the two years preceding their summons and they are excused by a judge or duly authorized court official.
3. Deferrals of jury service to a date certain within six months should be permitted by a judge or duly authorized court official. Prospective jurors seeking to postpone their jury service to a
specific date should be permitted to submit a request by telephone, mail, in person or electronically. Deferrals should be preferred to excusals whenever possible.
4. Requests for excuses or deferrals and their disposition should be written or otherwise made of record. Specific uniform guidelines for determining such requests should be adopted by the court.
D. Courts should use sensible and practical notification and summons procedures in assembling jurors.
1. The notice summoning a person to jury service should be easy to understand and answer, should specify the steps required for answering and the consequences of failing to answer, should allow for speedy and accurate eligibility screening, and should request basic background information.
2. Courts should adopt specific uniform guidelines for enforcing a summons for jury service and for monitoring failures to respond to a summons. Courts should utilize appropriate sanctions in the cases of persons who fail to respond to a jury summons.
E. Opportunity to challenge the assembled jury pool should be afforded all parties on the ground that there has been material departure from the requirements of the law governing selection of jurors. The court should
maintain demographic information as to its source lists, summonses issued, and reporting jurors.

PRINCIPLE 11 – COURTS SHOULD ENSURE THAT THE PROCESS USED TO EMPANEL JURORS EFFECTIVELY SERVES THE GOAL OF ASSEMBLING A FAIR AND IMPARTIAL JURY
A. Before voir dire begins, the court and parties, through the use of appropriate questionnaires, should be provided with data pertinent to the eligibility of jurors and to matters ordinarily raised in voir dire, including
such background information as is provided by prospective jurors in their responses to the questions appended to the notification and summons considered in Standard 10 D. 1.
1. In appropriate cases, the court should consider using a specialized questionnaire addressing particular issues that may arise. The court should permit the parties to submit a proposed juror questionnaire. The parties should be required to confer on the form and content of the questionnaire. If the parties cannot agree, each party should be afforded the opportunity to submit a proposed questionnaire and to comment upon any proposal submitted by another party.
2. Jurors should be advised of the purpose of any questionnaire, how it will be used and who will have access to the information.
3. All completed questionnaires should be provided to the parties in sufficient time before the start of voir dire to enable the parties to adequately review them before the start of that examination.
B. The voir dire process should be held on the record and appropriate demographic data collected.
1. Questioning of jurors should be conducted initially by the court, and should be sufficient, at a minimum, to determine the jurors’ legal qualification to serve in the case.
2. Following initial questioning by the court, each party should have the opportunity, under the supervision of the court and subject to reasonable time limits, to question jurors directly, both individually and as a panel. In a civil case involving multiple parties, the court should permit each separately represented party to participate meaningfully in questioning prospective jurors, subject to reasonable time limits and avoidance of repetition.

3. Voir dire should be sufficient to disclose grounds for challenges for cause and to facilitate intelligent exercise of peremptory challenges.
4. Where there is reason to believe that jurors have been previously exposed to information about the case, or for other reasons are likely to have preconceptions concerning it, the parties should be given liberal opportunity to question jurors individually about the existence and extent of their knowledge and preconceptions.
5. It is the responsibility of the court to prevent abuse of the juror selection examination process.
C. Challenges for cause should be available at the request of a party or at the court’s own initiative.
1. Each jurisdiction should establish, by law, the grounds for and the standards by which a challenge for cause to a juror is sustained by the court.
2. At a minimum, a challenge for cause to a juror should be sustained if the juror has an interest in the outcome of the case, may be biased for or against one of the parties, is not qualified by law to
serve on a jury, has a familial relation to a participant in the trial, or may be unable or unwilling to hear the subject case fairly and impartially. There should be no limit to the number of challenges for cause.
3. In ruling on a challenge for cause, the court should evaluate the juror’s demeanor and substantive responses to questions. If the court determines that there is a reasonable doubt that the juror can
be fair and impartial, then the court should excuse him or her from the trial. The court should make a record of the reasons for the ruling including whatever factual findings are appropriate.
D. Peremptory challenges should be available to each of the parties.
1. In the courts of each state, the number of and procedure for exercising peremptory challenges should be uniform.
2. The number of peremptory challenges should be sufficient, but limited to a number no larger than necessary to provide reasonable assurance of obtaining an unbiased jury, and to provide the parties confidence in the fairness of the jury.

3. The court should have the authority to allow additional peremptory challenges when justified.
4. Following completion of the examination of jurors, the parties should exercise their peremptory challenges by alternately striking names from the list of panel members until each side has exhausted or waived the permitted number of challenges.
E. Fair procedures should be utilized in the exercise of challenges.
1. All challenges, whether for cause or peremptory, should be exercised so that the jury panel is not aware of the nature of the challenge, the party making the challenge, or the basis of the
court's ruling on the challenge.
2. After completion of the examination of jurors and the hearing and determination of all challenges for cause, the parties should be permitted to exercise their peremptory challenges as set forth in D.
4. above. A party should be permitted to exercise a peremptory challenge against a member of the panel who has been passed for cause.
3. The court should not require a party to exercise any challenges until the attorney for that party has had sufficient time to consult with the client, and in cases with multiple parties on a side, with co-parties, regarding the exercise of challenges.
4. No juror should be sworn to try the case until all challenges have been exercised or waived, at which point all jurors should be sworn as a group.
F. No party should be permitted to use peremptory challenges to dismiss a juror for constitutionally impermissible reasons.
1. It should be presumed that each party is utilizing peremptory
challenges validly, without basing those challenges on
constitutionally impermissible reasons.
2. A party objecting to the challenge of a juror on the grounds that the challenge has been exercised on a constitutionally impermissible basis, establishes a prima facie case of purposeful discrimination
by showing that the challenge was exercised against a member of a constitutionally cognizable group; and by demonstrating that this fact, and any other relevant circumstances, raise an inference that the party challenged the juror because of the juror's membership in that group.
3. When a prima facie case of discrimination is established, the burden shifts to the party making the challenge to show a nondiscriminatory basis for the challenge.
4. The court should evaluate the credibility of the reasons proffered by the party as a basis for the challenge. If the court finds that the
reasons stated are not pretextual and otherwise constitutionally permissible and are supported by the record, the court should permit the challenge. If the court finds that the reasons for the challenge are pretextual, or otherwise constitutionally impermissible, the court should deny the challenge and, after consultation with counsel, determine whether further remedy is appropriate. The court should state on the record the reasons,
including whatever factual findings are appropriate, for sustaining or overruling the challenge.
5. When circumstances suggest that a peremptory challenge was used in a constitutionally impermissible manner, the court on its own initiative, if necessary, shall advise the parties on the record of its
belief that the challenge is impermissible, and its reasons for so concluding and shall require the party exercising the challenge to make a showing under F. 3. above.
G. The court may empanel a sufficient number of jurors to allow for one or more alternates whenever, in the court’s discretion, the court believes it advisable to have such jurors available to replace jurors who, prior to the time the jury retires to consider its verdict, become or are found to be unable or disqualified to perform their duties.
1. Alternate jurors shall be selected in the same manner, have the same qualifications, be subject to the same examination and challenges, and take the same oath as regular jurors.
2. The status of jurors as regular jurors or as alternates should be determined through random selection at the time for jury deliberation.
3. In civil cases where there are 12 or fewer jurors, all jurors, including alternates, should deliberate and vote, but in no case should more than 12 jurors deliberate and vote.
H. Courts should limit the use of anonymous juries to compelling circumstances, such as when the safety of the jurors is an issue or when there is a finding by the court that efforts are being made to intimidate or influence the jury's decision.

CONDUCTING A JURY TRIAL
PRINCIPLE 12 – COURTS SHOULD LIMIT THE LENGTH OF JURY TRIALS
INSOFAR AS JUSTICE ALLOWS AND JURORS SHOULD BE FULLY
INFORMED OF THE TRIAL SCHEDULE ESTABLISHED
A. The court, after conferring with the parties, should impose and enforce reasonable time limits on the trial or portions thereof.
B. Trial judges should use modern trial management techniques that eliminate unnecessary trial delay and disruption. Once begun, jury trial proceedings with jurors present should take precedence over all other court proceedings except those given priority by a specific law and those of an emergency nature.
C. Jurors should be informed of the trial schedule and of any necessary changes to the trial schedule at the earliest practicable time.

PRINCIPLE 13 – THE COURT AND PARTIES SHOULD VIGOROUSLY
PROMOTE JUROR UNDERSTANDING OF THE FACTS AND THE LAW
A. Jurors should be allowed to take notes during the trial.
1. Jurors should be instructed at the beginning of the trial that they are permitted, but not required, to take notes in aid of their memory of the evidence and should receive appropriate cautionary instructions on note-taking and note use. Jurors should also be instructed that after they have reached their verdict, all juror notes
will be collected and destroyed.
2. Jurors should ordinarily be permitted to use their notes throughout the trial and during deliberations.
3. The court should ensure that jurors have implements for taking notes.
4. The court should collect all juror notes at the end of each trial day until the jury retires to deliberate.
5. After the jurors have returned their verdict, all juror notes should be collected and destroyed.
B. Jurors should, in appropriate cases, be supplied with identical trial notebooks which may include such items as the court’s preliminary instructions, selected exhibits which have been ruled admissible,
stipulations of the parties and other relevant materials not subject to genuine dispute.
1. At the time of distribution, the court should instruct the jurors concerning the purpose and use of their trial notebooks.
2. During the trial, the court may permit the parties to supplement the materials contained in the notebooks with additional material that has been admitted in evidence.
3. The trial notebooks should be available to jurors during deliberations as well as during the trial.
C. In civil cases, jurors should, ordinarily, be permitted to submit written questions for witnesses. In deciding whether to permit jurors to submit written questions in criminal cases, the court should take into
consideration the historic reasons why courts in a number of jurisdictions have discouraged juror questions and the experience in those jurisdictions that have allowed it.
1. Jurors should be instructed at the beginning of the trial concerning their ability to submit written questions for witnesses.
2. Upon receipt of a written question, the court should make it part of the court record and disclose it to the parties outside the hearing of the jury. The parties should be given the opportunity, outside the hearing of the jury, to interpose objections and suggest modifications to the question.
3. After ruling that a question is appropriate, the court may pose the question to the witness, or permit a party to do so, at that time or later; in so deciding, the court should consider whether the parties prefer to ask, or to have the court ask, the question. The court should modify the question to eliminate any objectionable material.
4. After the question is answered, the parties should be given an opportunity to ask follow-up questions.
D. The court should assist jurors where appropriate.
1. The court should not in any way indicate to the jury its personal opinion as to the facts or value of evidence by the court's rulings, conduct, or remarks during the trial.
2. When necessary to the jurors’ proper understanding of the proceedings, the court may intervene during the taking of evidence to instruct on a principle of law or the applicability of the evidence to the issues. This should be done only when the jurors cannot be effectively advised by postponing the explanation to the time of giving final instructions.
3. The court should exercise self-restraint and preserve an atmosphere of impartiality and detachment, but may question a witness if necessary to assist the jury.
a. Generally, the court should not question a witness about subject matter not raised by any party with that witness, unless the court has provided the parties an opportunity, outside the hearing of the jury, to explain the omission. If the court believes the questioning is necessary, the court should afford the parties an opportunity to develop the subject by further examination prior to its questioning of the witness.
b. The court should instruct the jury that questions from the court, like questions from the parties, are not evidence; that only answers are evidence; that questions by the court should not be
given special weight or emphasis; and the fact that the court asks a question does not reflect a view on the merits of the case
or on the credibility of any witness.
E. The court should control communications with jurors during trial.
1. The court should take appropriate steps ranging from admonishing the jurors to, in the rarest of circumstances, sequestration of them during trial, to ensure that the jurors will not be exposed to sources
of information or opinion, or subject to influences, which might tend to affect their ability to render an impartial verdict on the evidence presented in court.
2. At the outset of the case, the court should instruct the jury on the relationship between the court, the parties and the jury, ensuring that the jury understands that the parties are permitted to communicate with jurors only in open court with the opposing parties present.
3. All communications between the judge and members of the jury panel from the time of reporting to the courtroom for juror selection examination until dismissal should be in writing or on the record in open court. Each party should be informed of such communications and given the opportunity to be heard.
F. Jurors in civil cases may be instructed that they will be permitted to discuss the evidence among themselves in the jury room during recesses from trial when all are present, as long as they reserve judgment about the outcome of the case until deliberations commence.
G. Parties and courts should be open to a variety of trial techniques to enhance juror comprehension of the issues including: alteration of the sequencing of expert witness testimony, mini- or interim openings and closings, and the use of computer simulations, deposition summaries and other aids.
H. In civil cases the court should seek a single, unitary trial of all issues in dispute before the same jury, unless bifurcation or severance of issues or parties is required by law or is necessary to prevent unfairness or
prejudice.
I. Consistent with applicable rules of evidence and procedure, courts should encourage the presentation of live testimony.
J. The court may empanel two or more juries for cases involving multiple parties, defendants, or claims arising out of the same transaction or cause of action, in order to reduce the number and complexity of issues that any one jury must decide. Dual juries also may be used in order to promote judicial economy by presenting otherwise duplicative evidence in a single trial.






JURY DELIBERATIONS
PRINCIPLE 14 –THE COURT SHOULD INSTRUCT THE JURY IN PLAIN AND UNDERSTANDABLE LANGUAGE REGARDING THE APPLICABLE LAW AND THE CONDUCT OF DELIBERATIONS

A. All instructions to the jury should be in plain and understandable language.
B. Jurors should be instructed with respect to the applicable law before or after the parties’ final argument. Each juror should be provided with a written copy of instructions for use while the jury is being instructed and during deliberations.
C. Instructions for reporting the results of deliberations should be given following final argument in all cases. At that time, the court should also provide the jury with appropriate suggestions regarding the process of selecting a presiding juror and the conduct of its deliberations.
D. The jurors alone should select the foreperson and determine how to conduct jury deliberations.

PRINCIPLE 15 – COURTS AND PARTIES HAVE A DUTY TO FACILITATE
EFFECTIVE AND IMPARTIAL DELIBERATIONS
A. In civil cases of appropriate complexity, and after consultation with the parties, the court should consider the desirability of a special verdict form tailored to the issues in the case. If the parties cannot agree on a special verdict form, each party should be afforded the opportunity to propose a form and to comment upon any proposal submitted by another party or fashioned by the court. The court should consider furnishing each juror with a copy of the verdict form when the jury is instructed and explaining the form as necessary.
B. Exhibits admitted into evidence should ordinarily be provided to the jury for use during deliberations. Jurors should be provided an exhibit index to facilitate their review and consideration of documentary evidence.
C. Jury deliberations should take place under conditions and pursuant to procedures that are designed to ensure impartiality and to enhance rational decision-making.
1. The court should instruct the jury on the appropriate method for asking questions during deliberations and reporting the results of its deliberations.
2. A jury should not be required to deliberate after normal working hours unless the court after consultation with the parties and the jurors determines that evening or weekend deliberations would not impose an undue hardship upon the jurors and are required in the interest of justice.
D. When jurors submit a question during deliberations, the court, in consultation with the parties, should supply a prompt, complete and responsive answer or should explain to the jurors why it cannot do so.
E. A jury should be sequestered during deliberations only in the rarest of circumstances and only for the purposes of protecting the jury from threatened harm or insulating its members from improper information or influences.
F. When a verdict has been returned and before the jury has dispersed, the jury should be polled at the request of any party or upon the court’s own motion. The poll should be conducted by the court or clerk of court asking each juror individually whether the verdict announced is his or her verdict. If the poll discloses that there is not that level of concurrence required by applicable law, the jury may be directed to retire for further deliberations or may be discharged.

PRINCIPLE 16 – DELIBERATING JURORS SHOULD BE OFFERED ASSISTANCE WHEN AN APPARENT IMPASSE IS REPORTED
A. If the jury advises the court that it has reached an impasse in its deliberations, the court may, after consultation with the parties, inquiry the jurors in writing to determine whether and how court and the parties can assist them in their deliberative process. After receiving the jurors' response, if any, and consulting with the parties, the judge may direct that further proceedings occur as appropriate.
B. If it appears to the court that the jury has been unable to agree, the court may require the jury to continue its deliberations. The court should not require or threaten to require the jury to deliberate for an unreasonable
length of time or for unreasonable intervals.
C. If there is no reasonable probability of agreement, the jury may be discharged.

POST-VERDICT ACTIVITY
PRINCIPLE 17 – TRIAL AND APPELLATE COURTS SHOULD AFFORD JURY DECISIONS THE GREATEST DEFERENCE CONSISTENT WITH LAW
Trial and appellate courts should afford jury decisions the greatest deference consistent with law.

PRINCIPLE 18 – COURTS SHOULD GIVE JURORS LEGALLY PERMISSIBLE
POST-VERDICT ADVICE AND INFORMATION
A. After the conclusion of the trial and the completion of the jurors’ service, the court is encouraged to engage in discussions with the jurors. Such discussions should occur on the record and in open court with the parties having the opportunity to be present, unless all the parties agree to the court conducting these discussions differently.
B. Under no circumstances should the court praise or criticize the verdict or state or imply an opinion on the merits of the case, or make any other statements that might prejudice a juror in future jury service.
C. At the conclusion of the trial, the court should instruct the jurors that they have the right either to discuss or to refuse to discuss the case with anyone, including counsel or members of the press.
D. Unless prohibited by law, the court should ordinarily permit the parties to contact jurors after their terms of jury service have expired, subject, in the court’s discretion, to reasonable restrictions.
E. Courts should inform jurors that they may ask for the assistance of the court in the event that individuals persist in questioning jurors, over their objection, about their jury service.

PRINCIPLE 19 – APPROPRIATE INQUIRIES INTO ALLEGATIONS OF
JUROR MISCONDUCT SHOULD BE PROMPTLY UNDERTAKEN BY THE
TRIAL COURT

A. Only under exceptional circumstances may a verdict be impeached upon information provided by jurors.
1. Upon an inquiry into the validity of a verdict, no evidence should be received to show the effect of any statement, conduct, event, or condition upon the mind of a juror or concerning the mental processes by which the verdict was determined.
2. The limitations in A.1 above should not bar evidence concerning whether the verdict was reached by lot or contains a clerical error, or was otherwise unlawfully decided.
3. A juror’s testimony or affidavit may be received when it concerns: a. Whether matters not in evidence came to the attention of one or more jurors; or
b. Any other misconduct for which the jurisdiction permits jurors to impeach their verdict.
B. The court should take prompt action in response to an allegation of juror misconduct.
1. Upon receipt of an allegation of juror misconduct, the court should promptly inform the parties and afford them the opportunity to be heard as to whether the allegation warrants further enquiry or other
judicial action.
2. Parties should promptly refer an allegation of juror misconduct to the court and to all other parties in the proceeding.
3. If the court determines that the allegation of juror misconduct warrants further inquiry, it should consult with the parties concerning the nature and scope of the inquiry, including:
a. Which jurors should be questioned;
b. Whether the court or the parties should ask the questions; and
c. The substance of the questions.
4. If the court ascertains that juror misconduct has occurred, it should afford the parties the opportunity to be heard as to an appropriate remedy.
5. If the allegation of juror misconduct is received while the jury is deliberating, the recipient must ensure as quickly as possible that the court and counsel are informed of it, and the court should proceed as promptly as practicable to ascertain the facts and to fashion an appropriate remedy.






Task 10.1. Read the text and translate the sentences given in bold type in writing:
The Roots of the Jury in England and the Colonial United States
    The jury of one’s peers is a cornerstone of the principles of democratic representation set out in the United States Constitution. It offers U.S. citizens both a vehicle to shape our government as jurors, and protection to us as the accused. In Duncan v. Louisiana, the 1968 landmark Supreme Court case extending the right to trial by jury from the federal Bill of Rights to the states, Justice White wrote that “providing an accused with the right to be tried by a jury of his peers gave him an inestimable safeguard against the corrupt or overzealous prosecutor and against the compliant, biased, or eccentric judge.” The Supreme Court has played an important role in the last two centuries in making the jury truly fair and truly representative, by outlawing the exclusion of non-whites, and later women, from jury lists; by limiting the powers of lawyers and judges to exclude individuals from juries; and by expanding the safeguards against outside influence on the jury. By looking at justice before the jury system, the early history of juries, and the evolution of the modern American jury, one begins to understand what an important role it plays in meting out fair justice to the individual (By Hannah Leiterman).
Task 10.2. Read the text and single out the legal terms:
     The earliest roots of the jury system scarcely resemble the modern jury of one’s peers. In the 12th and 13th centuries, civil and criminal disputes were commonly settled by battles and ordeals-in which the accused might be compelled to dip his hand in boiling water to see if it became infected-under the assumption that God would intervene on behalf of the right or innocent party. By the time Pope Innocent III forbade priest involvement in ordeals (thus taking away their holy sanction) in 1215, a jury system was loosely in place in Norman England, in which the King’s court chose twelve people to testify as to what they knew about the facts of a case or the character of the parties involved. Over the following centuries, the role of the jury shifted; jurors gradually took on the role of witnesses in this “presenting jury,” and then offered a final verdict of guilty or not guilty. The inherent conflict in these two roles encouraged English Parliament in 1352 to pass a statute allowing jurors ruling on guilt versus innocence to be excluded if they had presented evidence. Eventually, jurors were not expected to know the facts of the case-witnesses were brought in to testify-but to determine the facts.
    In colonial America, the jury became a vehicle for the colonists to assert new ideas and principles, particularly in cases of conflict with the Crown (Hans, 1986: 32). In the 1732 trial of John Zenger, a newspaper printer accused of printing articles critical of the King, important precedents were set for the role of the jury. In that case, the jury was asked only to determine whether Zenger had in fact printed the newspaper in question; a judge sympathetic to the King would decide whether he was guilty of sedition. Alexander Hamilton, on Zenger’s behalf, argued that the issues in the case involved an “intertwining of law and fact,” (Hans, 34) and argued more generally for an expanded role of the jury: “Jurymen are to see with their own eyes, to hear with their own ears, and to make use of their own consciences and understandings, in judging the lives, liberties, or estates of their fellow subjects.”
    In the following decades, the role of the jury and the jury selection process came to the forefront of public discussion, and several states passed legislation dealing with jury selection in order to thwart British attempts to stack juries with royalists. After the revolution, juries were seen as having even greater importance. Thomas Jefferson wrote: “were I called upon to decide, whether the people had best be omitted in the legislative or judiciary department, I would say it is better to leave them out of the legislative. The execution of the laws is more important than the making of them.”
















Meeting 11
Study The Fragments From The Documents
Skill     : Writing
Goals  : At the end of this chapter, you should be able to :
Ø  Mastery some of law vocabularies.
Ø  Explain about the fragments from the documents.
Ø  Distinguish the function of the words.
Ø  Describe differences every fragments.
Teaching Method      : Discussion and Report

Activity                       :
k.     Pre (10’)
41.            Greeting
42.            Class preparation
43.            Check the students’ attendance
44.            Discussion relate to lesson

v.      While (80’)
71.  Teacher discuss “Description” with students (10’)
72.  Students doing the activity 1 (10’)
73.  Students doing the activity 2 (10’)
74.  Students doing exercise 1 (10’)
75.  Students doing exercise 2 (10’)
76.  Students doing exercise 3 (10’)
77.  Students present the report in front of class (20’)

w.    Post (10’)
1.    Discuss about material
2.    Conclude the material
3.    Evaluation
4.    Closing

Task 4. 24. and write down indonesia equivalents for the words and expressions in bold type:
1.                                                        Magna Carta, 1215
[29 Fr] No freeman shall be taken, or imprisoned, or be disseised of his Freehold, or Liberties, or free Customs, or be outlawed, or exiled, or any otherwise destroyed; nor will we pass upon him, nor condemn him, but by lawful Judgment of his Peers, or by the Law of the Land. We will sell to no man, we will not deny or defer to any man either Justice or Right.

2.         The U.S. Constitution, Art. III, sec. 2
"The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have directed."
3.  The Bill of Rights - Fifth Amendment
"No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury…nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation."
The Bill of Rights - Sixth Amendment
"In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law…”
5. The Bill of Rights - Seventh Amendment
"In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved…”
Task 11. 1. Express your opinion on the statement below in writing:

Thomas Jefferson: "I consider trial by jury as the only anchor ever yet imagined by man, by which a government can be held to the principles of its constitution."(1789).

 






 





Meeting 12

IMPRISONMENT: RETRIBUTION OR REHABILITATION
Skill     : Speaking

Goals  : At the end of this chapter, you should be able to :
Ø  Mastery some of law vocabularies.
Ø  Explain about imprisonment.
Ø  Distinguish the function of the words.
Ø  Describe differences between retribution and rehabilitation.

Teaching Method      : Discussion and Report

Activity                       :
l.        Pre (10’)
45.            Greeting
46.            Class preparation
47.            Check the students’ attendance
48.            Discussion relate to lesson

x.      While (80’)
78.  Teacher discuss “Description” with students (10’)
79.  Students doing the activity 1 (10’)
80.  Students doing the activity 2 (10’)
81.  Students doing exercise 1 (10’)
82.  Students doing exercise 2 (10’)
83.  Students doing exercise 3 (10’)
84.  Students present the report in front of class (20’)

y.      Post (10’)
1.    Discuss about material
2.    Conclude the material
3.    Evaluation
4.    Closing

 

The Imprisonment
Crime, on top of the more inchoate insecurities prompted by rapid socialchange and economic recession, paved the way for a politics of reaction in the late 1970s.7 The actualpatterns of crime rate increases cannot explain the growing fear of crime experienced by Americans. The best evidence suggests that crime rates in America remained relatively steady from1950 to 1966, rose significantly between 1967 and 1973, leveled off again, took a slight upward swing around 1981, leveled off until 1995, and then began a steady decline.8 In reality, the public concern for crime followed more closely politicians’ and the media’s attention to crime than the fluctuations in crime rates. Garland admits: “This politics, in its turn, helped shape these diffuse middle-class anxieties into a more focused set of attitudes and understandings, identify the culprits,namingthe problem, settingupscapegoats.”9 I contend that in the 1970s, ’80s, and ’90s, politicians aroused public fear of crime and mounted the punitive penal response— mainly imprisonment of hundreds of thousands of “offenders” in the new warehouse or supermax prisons—
for the following reasons:
(1) to divert the public’s attention away from other serious
social and political problems;
(2) to exploit an expedient issue to
win elections; and
 (3) to mount a penal response to control, manage, and dispose of the new dangerous class. This class is largely composed of nonwhite, inner-city youths whose life opportunities had been severely restricted by the economic changes that occurred from the 1970s into the 1990s, and who, it was believed, posed a threat to the lives and property of middle-class Americans. This development is treated thoroughly

Task 12.2. Study the following definitions and translate them into Bahasa indonesia:


Probation
If a court convicts someone of an offence, the court may order that the offender is supervised by a probation officer for a period of at least six months but for no more than three years. This is known as probation and it is an alternative to sending the person to prison.
Juvenile offender
a person aged between 10 and 17 who has committed a criminal offence.
Life imprisonment
a sentence given to a criminal to be imprisoned for the rest of their life (though the Home Secretary may release them early on parole).
Parole
release from prison early. If someone is given parole they may be returned to prison if they offend again.
Sentence
the penalty the court imposes on someone found guilty of an offence.
Bail
to pay, or promise to pay, an amount of money so that an accused person is not put in prison before the trial. If the accused person does not appear at the trial, the court can keep the money put up for bail.
 Task 12.2. Complete the following sentences using the information of the chapter:
1.      Imprisonment gradually came to be accepted not only as a device for holding persons awaiting trial but also as a means of … …
2.      Historically exile, execution, and various forms of corporal punishment were the most common … …
3.      Deterrence, rather than retribution, has become a leading … …
4.      Prisons generally succeed in the twin purpose of … …
5.      Nowadays prisoners are kept in separate institutions according to the … …
6.      Prisoners who are not considered a danger to the community may be confined in … …
7.      On release, all life-sentence prisoners remain on licence for the rest … … ….
8.      Women are usually held in smaller prison with … …
Task 12.3. Make the following text complete by translating the words and phrases in brackets:
     Imagine moving into a building with young people like yourself who have been accused of crimes like (хранение наркотиков), (воровство) or even homicide. You attend school at the facility, have meals, maybe play sports or do some other recreational activity. But you can't go home or even leave the premises. The doors to the facility have automatic locks, and (охранник) checks everyone who enters and leaves. Your freedom as you know is gone, at least temporarily. Where are you? At a juvenile detention center, and you will remain there until a judge (освобождать) you.
     Unlike adults who may be able to post bail, (несовершеннолетние) do not have this right. Each year in New Jersey, thousands of juveniles who (обвиняться) with criminal wrongdoing find themselves placed in detention, where they wait for (суд) and (приговор). In fact, (согласно статистическим данным) provided by the New Jersey Juvenile Justice Commission (JJC), the agency that monitors the operations of New Jersey's juvenile detention centers, (приблизительно) 14,000 juvenile individuals (до 18 лет) were admitted to detention in 1999. That same year, 1,004 juveniles were residing in detention centers on any given day. New Jersey has 18 juvenile detention centers across the state. With 21 (графство) in New Jersey, some counties share detention center services.
Task 12.4. Find the English equivalents for the following words and expressions:
1. lifer
2. narapidana
3. tawanan
4. melayani waktu di penjara
12. remaja nakal
6. rilis dengan jaminan
7. sipil jaminan
8. rehabilitasi fasilitas
9. rehabilitasi pelaku
10. melayani hukuman di penjara

Task 12.12. Match the following English expressions with their Bahasa indonesia equivalents:

 

1) long-term prison

2) cellular prison

3) maximum-security prison

4) fenced-in prison

5) convict prison

6) central training prison

7) to be released from prison

8) prison warden

9) prison camp

10) to break out of prison


a) Dibebaskan dari penjara
b) kamp POW
c) seorang penjaga penjara
d) penjara pusat pelatihan
e) untuk melarikan diri dari penjara
f) berpagar-di penjara
g penjara) jangka panjang
h) penjara keamanan maksimum
i) penjara selular
j) penjara bagi penjahat dihukum



Task 12.6. Make up the word combinations with the following words and give their Bahasa indonesia equivalents:

  1. imprisonment
  2. criminal
  3. prisoner
  4. bail
  5. juvenile

Task 12.7. Find the related verbs in the texts of the chapter:

incarceration
isolation
deterrent
imprisonment
hearing
Rehabilitation
hanging
confinement
presumption
deprivation





Task 12.8. Complete the text by using the right prepositions:

The care … prisoners … their dismission is also a part of the system. … this purpose there exist protective associations. Neither the State nor individual cities nor churches have done much … this cause. Associations … this purpose are mostly voluntary. An important part of their duties is the care … the family of the prisoner. For the dismissed there is secured employment, if possible, and other aid and assistance are given him though there are only a few asylums … men for temporary lodging, while homes … women are more numerous. It is to be regretted, however, that there is little zeal developed … these protective associations and their success is small, but, of course, the field … labor is a difficult one.
Prison conditions regarding the care … prisoners involve (1): The care …prisoners during the time of their confinement. The purposes … the deprivation of liberty are (a) punishment, (b) deterrent effects, (c) reformative effects, (d) the protection of society. These factors are emphasized differently … different countries. In Europe, emphasis has been laid chiefly … punishment and the protection … society. In the United States, probably more than in any other country, the protection of society and the reclamation of the offender are emphasized.
Upon the distribution of emphasis depends the nature … the care of prisoners during their confinement. European conditions are … general more rigorous and less reformative … method than American prison conditions. Important factors … imprisonment … prisons generally are the warden and his associates, the prison physician, the prison chaplain, and the prison teacher. Every large prison has one or more chaplains; in smaller communities, correctional institutions are frequently visited … one or more of the clergymen of the community. … most prisons, if not in all, Sunday church services are held … obligatory attendance. …great importance are prison teachers, giving instruction …the elementary branches of education.

Task 12.9. Give synonyms for the following words:


  1. rehabilitate
  2.  crook
  3.  prison
  4.  defendant
  5.  incarceration
  6.  evidence
  7.  criminal
  8.  magistrate
  9.  breach
  10.  claim
  11.  swear                                -
  12. lawsuit
  13.  pardon f
  14. felony





Task 12.10. Give the opposites of the following words:

1) guilty                         5) pain
2) accuse                        6) convicted
3) severe                        7) just
4) punish                        8) release

Task 12.12. What do you think about each of the statements below. Give reasons for your statements:

  1. Prison is a deterrent. If there were no prisons, people would all be criminals.
  2. No man is a born criminal. His environment makes him what he is.

























Meeting 13
Legal Term
Skill     : Speaking
Goals  : At the end of this chapter, you should be able to :
Ø  Mastery some of law vocabularies.
Ø  Explain about legal term.
Ø  Distinguish the function of the words.
Ø  Describe differences legal terms.



Teaching Method      : Discussion and Report

Activity                       :
m.   Pre (10’)
49.            Greeting
50.            Class preparation
51.            Check the students’ attendance
52.            Discussion relate to lesson

z.      While (80’)
85.  Teacher discuss “Description” with students (10’)
86.  Students doing the activity 1 (10’)
87.  Students doing the activity 2 (10’)
88.  Students doing exercise 1 (10’)
89.  Students doing exercise 2 (10’)
90.  Students doing exercise 3 (10’)
91.  Students present the report in front of class (20’)

aa.  Post (10’)
1.    Discuss about material
2.    Conclude the material
3.    Evaluation
4.    Closing


Legal term System
Structure of Government

There are several interesting web sites providing collections of information about the government of the U.S. The official government portal is FirstGov .  Another useful portal for government information and web sites is The Great American Web Site . For the Executive Branch, see the White House website.  For the Legislative Branch, the most definitive source of information is Thomas , the Congressional data base. The federal courts maintain a Federal Judiciary site. Supreme Court decisions since 1990 are available on-line from Cornell. Two of the best sites around for American culture and government are the Smithsonian Institutions and the Library of Congress . To see the Constitution, as well as other founding documents of democracies, see the National Archives Documents Exhibit .  The University of Wuerzberg maintains an portal for International  Constitutional Law , with excellent informationa about constitutions around the world. Courts and Trial Procedures

The general sites above will have links to many court decisions from state and federal courts. One of the most interesting sites for Supreme Court decisions is Oyez Oyez Oyez , a searchable data base of Supreme Court decisions. This site also has audio clips of arguments before the Court, Justices reading famous decisions, and even an interactive game comparing the Justices to baseball players.. For information about current trials in the news, The Court TV Law Center contains analysis and lots of original source documents.  For a more historical point of view, see the Famous Trials web site at the UMKC School of Law.
Government Agencies and Regulation The general sites listed earlier will have extensive links to government regulatory agencies. You may also want to try Villanova University's Federal Web Locator .
Alternative Dispute Resolution The American Arbitration Association has a fairly comprehensive site that is pretty interesting. More specifically related to the securities industry is an Arbitration Information Center in the Online Guide to Securities Law.  On a global basis, the International Chamber of Commerce offers a variety of dispute resolution services, including arbitration.


Task 13.1. Fill in the missing words in the text below:

imprisonment, associations, care, employment, delinquent, reformation, sentence, supervision, release, assistance, discharged, treatment

The care of prisoners after their … is also a part of the system of the … of prisoners. In many American states, a more or less effective parole system is carried out. Released prisoners are placed under the … of a parole agent for periods of from six months to the period of the maximum … . No conclusive statistics are available as to the percentage of permanent … of released prisoners. About twenty-five per cent of released prisoners become … before the termination of their parole. The parole system is increasingly considered fully as necessary as the … of the offenders. The tendency is to place the parole work under the supervision of the State. In some states, private …, such as prisoners' aid societies, conduct the parole work. In many states, no parole work is done. An important part of the duties of prisoners' aid societies is the … of the family of the prisoner during his imprisonment. For the released prisoner … is secured, if possible, and other aid and … given him. There are a few homes for … prisoners in the United States, the Volunteers of America (q.v.) maintaining several "Hope Halls."
The released or discharged prisoner does not now find it so difficult as formerly to obtain work. The attitude of society toward the released prisoner is materially changing, the principle of the "square deal" making gratifying progress.

Task 13.2. Complete each sentence with a suitable preposition:

2. In many American states probation is combined … a suspended sentence.
2. Large amounts of money are spent … locking people … , even when prison staff are poorly paid.
3. Correspondence of prisoners is usually subject … censorship … the prison authorities.
4. In many countries conditions are so bad that prisoners die …malnutrition, diseases, attacks …other prisoners or prison staff, or suicide.
12. Minor offenders commit more serious crime after they are released … prison.
6. Victims of crimes of violence in some countries are entitled …restitution from public funds.
7. Other alternatives … prison are based … the idea … preventing an offender … committing further offences.
8. Planning … safe release begins … the start of an offender`s sentence.

Task 13.3. Match the legal terms on the left with their definitions on the right:

False imprisonment
the documents in a court case from beginning to end.
Sentence
someone who helps another person to commit a crime.
Riot
being found guilty of a criminal offence
Testimony
to free someone from prison
Accomplice
the penalty the court imposes on someone found guilty of an offence
Writ
an order issued by a court telling someone to do something or not to do s something. (This has been known as a 'claim form' since April 1999).
Release
release from a punishment for a crime
Record
wrongfully keeping someone in custody (for example in prison).
Conviction
a gathering of 12 or more people using, or threatening to use, violence to achieve a common end..
Discharge
the evidence a witness gives in court


Task 13.4. Find the English equivalents for the following words and expressions:

1) pelepasan dari penjara
2) rilis dengan jaminan
3) kalimat ditangguhkan
4) Lembaga Pemasyarakatan
5) Kamera
6) Pekerjaan Umum
7) untuk menjaga dari melakukan kejahatan
8) percobaan
9) percobaan
10) Pusat Rehabilitasi Sosial
11) rilis
12) Remedy
13) hak-hak tahanan
14) di penjara
15) kurungan tersendiri
16) retribusi, pembalasan
17) efek jera
Task 13. 6. Explain the meaning of the following words and expressions. Make up the sentences of your own:

- prisoner of conscience
- to maintain security within prisons
- civil bail
- release on bail
- deterrence
- a notorious criminal
- life-sentence prisoner

Task 13.17. Give the opposites for the following adjectives:

sanitary, advantaged, perfect, humane, effective, partial, capable, personal



Task 13.18. Complete the following chart. The first example is done.

cell
noun
individual room in a jail/prison
We'll have to keep you in a cell until someone comes to pay your bail.
convict
noun
a person who is doing (or supposed to be doing) jailtime
?
cop/copper
noun
?
Did somebody here call the cops?
criminal record
noun
a file that lists all of the crimes a person has committed
?
crime scene
noun
?
Please stay outside the yellow tape. This is a crime scene.
cruiser (squad car)
noun
?
Please step out of your vehicle and get into the police cruiser.
(in) custody
noun
under police control
?
DUI/DWI
(Driving Under the Influence/Driving while Intoxicated). Driving after drinking too much alcohol
Your record says that you have two previous DUIs.
detective
noun
?
The detective is going to ask you a few questions about the man's appearance.
do time
verb + noun
receive punishment for a crime by spending time in jail
?
domestic dispute
adjective + noun
argument/trouble in the home(often leads to violence)
?
escape
verb
get away from a holding place
If you try to escape we will have to restrain you with handcuffs.
felony

?
Murder is considered a felony and is punishable by life in prison.

Task 13.19. Make up all the possible combinations with the following words:

Bail, penalty, rehabilitation, prisoner

Task 13.20. Match the following English expressions with their Bahasa indonesia equivalents:

1)      probation committee
2)      probation ward
3)      probation sentence
4)      probation officer
5)      supervised probation
6)      suspended probation
7)      probation service
8)      probation requirements
9)      on probation
10)  probation applicant
a) (berada) dalam masa percobaan
b) percobaan diawasi
c) persyaratan masa percobaan
d) lingkungan percobaan
e) Pejabat yang mengawasi percobaan
f) Panggilan untuk pengangkatan percobaan
g) ditangguhkan masa percobaan
h) hukuman percobaan
i) Percobaan Layanan
percobaan komite


Task 13.21. Complete the sentences using the information of the chapter:

1.                Control of the prison is maintained by a number of disciplinary sanctions, which may include … …
2.                Visits normally take place within the sight of an officer, and in some cases … …
3.                In England, in the absence of a written constitution, prisoners resorting to the courts have relied on … … …
4.                Under Habeas Corpus the prisoner may request … …
5.                Prisoners have sought remedies for many problems, including … …
6.                In reality all over the world, hundreds of thousands of people are being held in prisons that are: … …
7.                The principle of restitution is popular in some countries as an alternative to … …
8.                Prison ideally should be employed as a last resort for those offenders who cannot be … …





Task 12.22. Supply the missing word forms:

Verb
Noun
Adjective
Justify
?
?
?
Correction
?
?
?
frightening
Free
?
?
?
?
encouraging
?
Emphasis
?
Disapprove
?
?
?
?
convincing
?
Contradiction
?
Complicate
?
?
?
Punishment
?

Task 13.23. Translate the sentences into Bahasa indonesia:

  1. The judge put her on probation for a year.
  2. A dangerous criminal has escaped from a high-security prison.
  3. The former prisoner of conscience was elected president of the new democracy.
  4. He spent eleven years in solitary confinement.
  5. The witness was called to give oral testimony about the incident outside the theatre.
  6. The offence carries a maximum sentence of two years in prison.
  7. Any company found to be breaking these rules will be heavily fined.
8.      They were released on police bail pending further enquiries.











Meeting 14

The Probation Service

Skill     : Reading
Goals  : At the end of this chapter, you should be able to :
Ø  Mastery some of law vocabularies.
Ø  Explain about the probation services.
Ø  Distinguish the function of the words.
Ø  Describe differences The Roots of the Jury in England and the Colonial United States


Teaching Method      : Discussion and Report

Activity                       :
n.     Pre (10’)
53.            Greeting
54.            Class preparation
55.            Check the students’ attendance
56.            Discussion relate to lesson

bb. While (80’)
92.  Teacher discuss “Description” with students (10’)
93.  Students doing the activity 1 (10’)
94.  Students doing the activity 2 (10’)
95.  Students doing exercise 1 (10’)
96.  Students doing exercise 2 (10’)
97.  Students doing exercise 3 (10’)
98.  Students present the report in front of class (20’)

cc.   Post (10’)
1.    Discuss about material
2.    Conclude the material
3.    Evaluation
4.    Closing



An integral part of program service delivery is the establishment of appropriate linkages with local resources that can provide services at a reduced cost. The length of participation is designed to be between five and seven months. Release from the program is based on the youth’s performance in the program and an assessment of the potential for re-offending.

Probation Supervision programs are individualized court-ordered programs in which the youth are restricted to home or another designated placement in lieu of commitment to the Department. Juvenile probation officers (JPO) supervise youth to ensure compliance with court ordered sanctions, such as restitution, community service or curfew. The JPO has two principle functions, intake services for youth who are referred for delinquency and supervision and case management during the various phases of a youth’s involvement with the Department. Intake services begin when the youth is brought to the JPO for a criminal history records search, screening for detention placement, a suicide risk assessment, a risk and needs assessment, and a mental health and substance abuse screening.

After this initial contact with the youth, the JPO must interview the parents, the arresting officer and other parties in order to make a recommendation to the state attorney regarding whether to file a petition for court processing. The JPO has supervisory responsibility for those youth who are delinquent but because of the lower risk they pose to public safety are placed on probation rather than in a residential program. Youth placed in residential commitment programs are assigned a JPO who develops a plan for transitioning the youth back into the community. In cases of long-term placements, the JPO has the responsibility of tracking the youth’s progress to keep the court informed, to keep in touch with the family and to communicate with the victim. For both probation and committed youth, a supervision plan is developed that describes what the youth must do to earn a recommendation for termination from supervision. The plan is based upon court-ordered sanctions and the needs of the youth and may also involve restitution to the victim and community service work. Supervision involves on-site contact with the youth at home, school or other venues.

Contact must be maintained with family, school, school resource officers, law enforcement, and treatment programs to monitor behavior and compliance with court ordered sanctions. Youth on probation supervision may be placed in day treatment programs designed for youth do not require services in a residential setting. Program groups in day treatment include vocational programs, marine programs, juvenile justice alternative schools, training and rehabilitation programs, and gender specific programs.

The Positive Achievement Change Tool (PACT) is used by the JPO to assess a youth’s needs and risk to public safety. The most appropriate level of probation supervision is determined based on risk factors statistically validated to predict risk to re-offend, including criminal history and the current offense. A reassessment instrument is completed every 90 days or sooner if a change in supervision is needed because of a new law violation or if the youth’s degree of compliance changes. The frequency of communication with the youth is based on the score received on the instrument, the youth’s compliance with court-ordered sanctions, and participation in treatment. The duration of supervision as recommended by the Department is six months. Violations of probation include both new law violations and non-law or technical violations, such as chronic truancy or refusal to attend a day treatment program. The JPO may file an affidavit of violation of probation with the state attorney who will decide whether to petition for a hearing. The court approves final termination from probation.

Probation Day Treatment
Programs are facility based and target youth on probation who are in need of a higher level of supervision and services. Youth participate in day treatment supervision, programming and education. Juvenile probation officers or counselors monitor progress of the youth at home, school and work and compliance with court sanctions. In addition, individual, family and small group counseling may be provided. Additional programs were authorized after this reporting period. All day treatment programs are operated by providers under contract with the Department.

 

Task 14.1. Read the text, and single out the legal terms connected with crime and punishment and translate them into indonesia:


The Probation Service


The NPS supervise around 175,000 offenders
2. Offenders are given Community Punishment
3. 8 millions hours of work is done each year
4 The service only became National in 2001
12. There are 100 NPS hostels around the UK

What is the Probation Service?

If you've ever read a newspaper or watched a crime drama on TV, you will undoubtedly have heard about the Probation Service. Almost all offenders that go through the criminal justice system will come under the supervision of the Probation Service at some stage.
The National Probation Service (NPS) is the organisation that assists offenders either because they have just been released from prison, or because they have not been given a custodial sentence and need to be monitored. However, you might not realise that across England and Wales, the NPS deals with over two times as many offenders as there are in prisons. This interesting statistic highlights the importance of the NPS as a source of punishment and rehabilitation for offenders, and the less well-known function it carries out as a protector of the public.

How does it fight crime?

The role of the NPS includes the protection of the public, the reduction of re-offending, the proper punishment of offenders in the community, the rehabilitation of offenders and to make offenders aware of the damaging effect of crime on the public at large. Offenders are continually assessed throughout their supervision by the NPS, and this means that if appointments with Probation Officers or hours allotted serving Community Punishment are not kept to, the offender risks returning to court for breaching their contract.
In most cases, before an offender is considered for parole or early release from prison, a probation officer will make visits to the offender and compile a personal assessment to determine whether the individual is suitable for release. This assessment, along with the original sentencing, will determine under what circumstances the offender can be released. At the beginning of a year, over 175,000 offenders are under supervision by the NPS, 70% of which will be serving community punishment sentences, with the remaining 30% will be under the statutory licence supervision in the community which forms an integral part of their original prison sentence.
Each year, the NPS arranges for over eight million hours worth of community punishment; the unpaid work carried out by offenders to benefit the community under the stipulation of their community punishment orders (CPOs). This work can vary from painting schools, landscaping public parks, building furniture for elderly residents, cleaning graffiti from walls, and numerous other local-based projects.
However, many offenders remain under supervision without taking part in the community punishment schemes, these individuals are usually allowed to carry out the latter part of their prison sentence within the community under the statutory licence scheme. The release of such offenders is carefully monitored by the NPS, who will revoke the licence if it is breached, and involves consultation the victims of the offenders' crimes, so they are aware of the release and can make their opinions known.
On their release from prison, most offenders are offered assistance from the NPS; it is the NPS' role to ensure that the often homeless and jobless offender doesn't simply return to crime as a way to live. The Probation Officer must review each case and consider them for inclusion in a variety of rehabilitation schemes, and in some of the more serious cases, for placement in one of the 100 probation hostels around the country.

What's the history?

The origins of the NPS go back to the 19th century where members of the clergy would agree to take responsibility for young offenders in order to prevent them entering the prison system. This charitable gesture gained official status in 1907 due to the Probation of Offenders Act, which enabled courts to assist and advise offenders via specially appointed probation officers. Like the Prison Service, the Probation Service has developed locally within regional law enforcement structures like local councils.
In fact, you may be surprised to realise that the Probation Service has only been a national organisation since April 2001 when the Criminal Justice and Court Services Act restructured the Probation Service to match the 42 regions used by the  and Crown Prosecution Service. The National Probation Service aims to continue the work already carried out by existing probation officers across England and Wales, but to ensure that universal standards of service are met whether you are in Cardiff, London or Plymouth. Scotland has no probation service; instead social workers take on the responsibility of monitoring and assisting offenders.
Previous to the reorganisation into the NPS, each probation area came under the jurisdiction of a probation committee. The committee generally consisted of justices from local magistrates' courts and sometimes other members of a variety of law enforcement agencies. Since the nationalisation has occurred, the National Probation Service is co-ordinated by the National Probation Directorate, headed by the National Director. The director is accountable to the home secretary, but it is HM Inspectorate of Probation who ensures performance standards are met across England and Wales and monitors the whole of the NPS.

Task 14.2. Use your active vocabulary of the chapter and prepare arguments for or against the statement below:

1. The role of the National Probation Service is great because it includes the protection of the public, the reduction of re-offending, the proper punishment of offenders in the community, the rehabilitation of offenders and makes offenders aware of the damaging effect of crime on the public at large.

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