Procedure

Situation

Role play

Task 3. Work in pairs.

Legalese

Although lawyers come from a variety of backgrounds and do a variety of work, as a profession they often appear rather remote and difficult to understand. Perhaps one reason for this is legalese – the strange and incomprehensible language so many lawyers seem to write and speak. This is not just a feature of English-speaking lawyers. People all over the world complain that they cannot understand court proceedings or legal documents.

Of course all professions have their own jargon. The use of some special words can be justified because they refer to matters which are important to a particular profession but not important to most people in everyday life. But sometimes it seems that jargon is a way of creating a mystery about a profession of distinguishing people on the inside (economist, doctors, teachers) from those on the outside.

In recent times lawyers have made efforts to make their profession less mysterious. After all, their job is supposed to be to clarify matters for the public, not to make them more complicated! This is particularly so in the United States where lawyers openly advertise their services to the public and where special clothes and wigs, still a feature of the English system, have mostly disappeared. But it seems likely that legalese will survive for a long time to come. One reason for this is that old documents and reports of old cases have great importance in law, particularly in common law systems. Another reason is that rewriting laws is a slow and painstaking process. The words must try to cover every eventuality, because people are always looking for a legal loophole, a way of avoiding a legal duty by making use of an ambiguity or an omission in law. Consequently if there is an existing law which has worked for a long time, even a law which contains old language in long and complex sentences, it is easier to retain the old law than write a new one. Even when a government draws up a new law it is often guided by the working of an older law.

Thieves broke into Camera shop in Pushkin Street last night and stole photographic equipment. Police say the thieves appeared to know exactly what they were looking for. They took only the two most expensive cameras and some accessories and left the rest of the shop virtually undisturbed.

Groups of four to eight are needed for this activity. In each group there should be two suspects and two or more police inspectors.

Role B – suspects – the instructions which will help you to prepare for the role play:

One of you has been contacted by the police about the break-in because you used to work part-time at the camera shop until recently. You left after a row with your boss about your wages.

You have nothing to do with the break-in of course, but the problem is you can’t tell the police where you really were that evening without getting someone else into trouble. In fact you and your friend spent the evening playing the guitar and singing at a local pub until midnight. You know and like the landlord of the pub and you know he could lose his license if the police discovered he had kept his pub open after the legal licensing hours (closing time is 11.00 p.m. in your town). You are determined not to mention the pub in case enquiries in order not to cause problem for the landlord.

Thus the problem is to find alibi, mislead the police. Wouldn’t you try to do it?

Role A – Police inspectors.

The owner of the shop suspects a former employee of his who left because of disagreement over pay.

You have contacted the employee who says he spent the whole evening with a friend who lives in the same house. You have also spoken to the two suspects neighbors. A woman who lives on the ground floor says she was woken at about 12.30 a.m. when her dog started barking. When she looked out, she saw the two coming in and she thinks one of them was carrying a large bag.

The Police inspectors decided to interview each of the suspects in turn about their activities between 8.00 p.m. and 12 p.m. that night.

Plan the set of questions you should ask in order to test the truth of their stories.

Save the question about the large “bag” until last.

Finally, you will have to decide whether to charge the suspects with the theft. Your task is to expose those who tried to deceive you.

While discussing the topic try to use lists of some phrases that are utilized to express different shades of meaning.

CRIME AND PUNISHMENT

Warming-up:

1. Is the crime rate high in your country? If so, what are the causes of crimes?

2. What is the most violent crime in your opinion?

3. Is it necessary to differentiate a crime of passion from the crime which is planned?

4. What capital punishment should be in our country? What is your attitude to the death penalty?

Vocabulary notes:

to restrict	обмежувати
to convict	засуджувати
to reform	змінити, покращити
retribution	кара
to rehabilitate	реабілітувати, поновити в правах
to prevent	попереджувати
preventive measures	попереджувальні міри
to deter	стримувати
relevant (to)	відповідний
to deprive	позбавляти
exile	вигнання
harsh	суворий
available	такий, що є у розпорядженні
community service	суспільно-корисна праця
suspended	відстрочений
law-abiding	законослухняний
to deprive of	позбавити
corporal punishment	тілесне покарання
capital punishment	смертна кара
gravity	тяжкість
custodial	такий, що стосується позбавлення волі
semi-custodial	напівпозбавлення волі
non-custodial	без позбавлення волі
culprit	злочинець

Дата добавления: 2014-12-17