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2493.Crime doesn`t pay

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Copyright ОАО «ЦКБ «БИБКОМ» & ООО «Aгентство Kнига-Cервис»
Министерство образования и науки РФ
федеральное государственное бюджетное образовательное
учреждение высшего профессионального образования
«Иркутский государственный лингвистический университет»
CRIME
DOESN’T PAY
Иркутск
ИГЛУ
2013
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ББК 81.43.1 – 923
B 65
Печатается по решению редакционно-издательского совета Иркутского
государственного лингвистического университета
Рецензенты:
канд. филол. наук, доцент кафедры американистики ИГЛУ
Э.В. Калашников
канд. пед. наук, доцент кафедры рекламы и связей с
общественностью ИГЛУ Ю.С. Заграйская
B 65 Crime doesn’t pay: учебно-методическое пособие / авт.-сост.
А.Н. Войткова, Т.В. Пименова. – Иркутск : ИГЛУ, 2013. – 90 с.
Целью данных рекомендаций является повышение уровня лингвистической
компетенции в рамках изучаемой темы, а также совершенствование страноведческих
знаний в сфере права в Великобритании и США.
В соответствие с целью задачи заключаются в:
- ознакомлении с лексическим материалом по теме, тренировке его и
закреплении во всех видах речевой деятельности (до 300 лексических единиц);
- совершенствовании навыков и умений ознакомительного, просмотрового и
аналитического чтения, аудирования, диалогического и монологического
высказывания, комментирования, написания аргументативного эссе.
- знакомстве со стадиями уголовного процесса в Великобритании и США,
взаимодействием
между
правоохранительными
органами
и
населением,
особенностями судебного процесса (в частности, работой присяжных), некоторыми
отличительными чертами гражданского процесса, а также проблемой подростковой
преступности.
Настоящие методические рекомендации предназначены для студентов 4 курса
лингвистического университета, изучающих в рамках курса английского языка тему
“Crime doesn't pay”.
ББК 81.43.1 – 923
© Иркутский государственный
лингвистический университет,
2013
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CONTENTS
Introduction: how honest you are?
Part 1 Deviance & crime
 Types of crimes
Part 2 Computer & crimes
Part 3 Who commits crimes?
Part 4 What stops us from committing crimes?
 Street violence
 When should we intervene?
Part 5 Methods & techniques
 Techniques for solving crimes
Part 6 Justice
Part 7 Punishment
 Capital Punishment
Part 8 Prisons
Part 9 Trial
 Who is who in the world of law
 Juries
Part 10 Role play. Lady Wyat accused of shoplifting
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5
6
10
13
16
19
21
23
26
28
30
32
35
35
38
42
ADDITIONAL ACTIVITIES
Part 11 Quotations
Part 12 Idioms
Part 13 Phrasal verbs
53
53
54
Business law
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Introduction
HOW HONEST ARE YOU?
Read the questions and note your answers:
1. You find a wallet containing $1,000.
There are no papers inside to show who it
belongs to. Do you hand it to the police or
keep it?
a. hand it to the police
b. keep it с. not sure
2. You have an expensive meal in a
restaurant. When you check the bill, you
see that the waiter has forgotten to charge
you for the drinks. Do you tell him or
keep quiet?
a. tell him b. keep quiet c. not sure
3. Do you think it is all right to hide some
of your earnings from the tax inspector?
a. yes
b. no
с not sure
4. Have you ever pretended to be ill to get
off work or school?
a. often b. once or twice/ occasionally
с. never
5. You are staying at a hotel, and you see
that they have very nice towels. Do you
take any home with you?
a. all of them
b. just one с none d. not sure
6. You advertise your house for sale.
Somebody offers you a good price, and
you agree to sell. Before you sign the
contract, somebody else offers you
another $5,000. Do you stay with the first
buyer or sell it to the second?
a. stay with the first b. sell to the second
с go back to the first and ask for $5,000
more
d. not sure
7. One of your family (mother, father,
wife, husband, child) has some very
strange friends. One day you find a letter
from one of these people lying around the
house. Do you read it?
a. yes
b. certainly not с. perhaps
8. In your opinion how serious is shoplifting?
a. not at all serious - most people do it at one time or
another
b. you might do it if you really needed something and hadn't
got enough money
с you would never do it
9. You are playing cards (not for money) and you see that
somebody is cheating. What do you think about it?
a. it doesn't matter
b. it's annoying but not too serious
c. you refuse to go on playing unless they stop
d. you stop the game because you won't play with people
who cheat
10. Travelling in a taxi, you find a torch lying on the seat it must have been dropped by the last passenger. What do
you do?
a. put it in your pocket
b. give it to the taxi driver с just leave it
d. not sure
11. Have you ever cheated in an exam?
a. often
b. more than once
с once d. never
12. What do you think about traveling without a
ticket on public transport?
a. OK
b. not really OK, but you might do it
с. completely wrong - you would never do it
13. Is it ever right to tell lies about yourself to impress
other people?
a. it can be
b. never
с not sure
14. Is it all right to take stationery from the place where
you work?
a. yes
b. no
с not sure
15. Have you answered all the questions completely
honestly?
a. yes
b. no
c. well, nearly
Scores
15: Are you sure you answered question 15
1 1 4 4 6 1 4 5 3 3
4
4
3
3
1
A
honestly?
6 4 1 2 4 4 1 3 3 1
3
3
1
1
3
B
16-22: You’re a very honest person
3 3 3 1 1 3 3 1 2 1
2
1
2
2
2
C
23-30: You’re more honest than average
31-45: You’re honest about some things and
3 2
1 2
1
D
dishonest about others.
46-59: You seem to be a rather dishonest person. But perhaps you’re kind to children and animals
60: You even give dishonest answers to questionnaires – it’s terrible!
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3
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7
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10
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Part 1: DEVIANCE AND CRIME
1.1. a) Check the meanings of deviance and
crime in a dictionary.
b) List some examples of deviant and
criminal behavior.
c) Complete the table with behaviors that relate to the
issues listed on the left.
Some behaviours that are generally considered normal, deviant
or criminal in most Western industrialized societies
Deviant but not Deviant and criminal
Issue
Normal
criminal
Failing to stop after a
Use of the Crossing the street
at the traffic light
traffic accident
streets
Moderate social
Alcohol abuse
Use of
drinking
alcohol
Earning a living as Begging on the
Making
an adult
streets
money
1.2. Read the text & make the summary of it
DEVIANCE AND CRIME
Have you ever...
 crossed the street
against the traffic light?
 driven through a
stop sign without
stopping?
 drunk or bought alcohol as a minor?
 cheated on a test?
If so, you have broken a socially accepted norm
or practice, and you could therefore be considered
deviant. Deviant behavior is behavior that is considered
to be unacceptable, or outside the norms for that society.
There are, of course, degrees of deviance and not every
member of a society will agree on what is deviant
behavior and what is normal behavior. For example, while
many people believe that prostitution is deviant, others
see it as legitimate way for people to earn a living. Also,
what is seen as deviant behavior will change over time
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and vary from place to place. Drinking alcohol, for example, has been regarded as
deviant or as acceptable in the United States at different times in the past. In fact,
in the 1920s, alcohol was considered to be so unacceptable in the U.S. that it was
illegal to sell, buy, or consume it. Now drinking in moderation is accepted by the
majority of the population as normal social behavior for adults. What is considered
to be deviant may also vary from culture to culture. In most cultures, but certainly
not in all, it is regarded as deviant for a man to have more than one wife at the
same time. However, there are some religious groups and cultures where polygamy
is an accepted practice.
Some acts of deviance may simply result in a person being regarded as odd
or unusual, while other deviant behaviors actual break the law. These behaviors
seen as crimes. Crimes can be grouped into different categories. One category is
violent crime. This includes murder, rape, robbery, and assault. Another is
property crime, such as theft, arson, or burglary. There is also a
category of victimless crime, so-called because such crimes do not
involve harm to people other than the criminals themselves.
Examples of victimless crimes include gambling, prostitution, and
drug abuse. Another category is white-collar crime, which includes
tax evasion and embezzlement.
In 2000, there were 11,6 million reported crimes (excluding
traffic offenses) in the United States. According to a report by the
FBI (Federal Bureau of Investigation), in 2000 the following crimes are occurred
at the rates shown (www. disastercenire. com/crime/uscrhne. htm):
Robbery: 46.5 per hour
Burglary: 234 per hour
Violent crime: 163 per hour
Rape: 10.3 per hour
Murder: 1.8 per hour
Vehicle theft: 133 per hour
It should be noted, however, that these figures are based only on crimes that
are reported. Actual crime rates may be two or three times higher than the official
figures.
Murder, or homicide, is the most serious crime, and reports on crime show
that it is also mostly a personal crime. That is, homicide is far more likely to be
committed against acquaintances, friends, or relatives than against strangers. It
also occurs most frequently during weekend evenings, particularly Saturday night.
As a crime of passion, homicide is usually carried out under overwhelming
pressure and uncontrollable rage.
While the public perception may be that the crime rate, especially for violent
crime, is continuing to rise, there has in fact been a decline over the past decade. In
1991, there were 1.9 million violent crimes reported in the United States. By 1998,
this figure had dropped to 1.5, million. Murder rates in the same period dropped
from 24,700 to 16,914.
***Minor - someone too young to be legally considered an adult; punishments for
minors are usually different than those for adults
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1.3. a) The following questions are not answered directly in
the text. Work with a partner figure out the answers.
1. Why is burglary a more frequently occurring crime than
robbery?
2. Where does the term "white-collar crime" come from?
3. What are some of the reasons that victims of crime may not
report the crime?
4. Why is Saturday night the most likely time for homicides to
occur?
b) Discuss these questions with your
classmates:
1. What are the most frequent types of crime in your
country/city?
2. How safe do you feel in your country/city?
3. What is the most dangerous city in your country?
4. Have you ever been the victim of a crime?
1.4. a) Match the crimes on the left with the definitions on
the right.
1 homicide
a spying
2 burglary
b sexual attack on a person
3 robbery
с murder or killing
4 hijacking
d a violent attack
3 espionage
e the deliberate burning of property
6 assault
f breaking into a building to steal
7 arson
g dealing in or selling drugs
8 prostitution h using force to steal
9 drug
i forcing someone to give you control of a vehicle
trafficking
j having sexual relations in exchange for money
b) Match the words with the definitions, and then give the
nouns which derive from the verbs.
1. arson
a) stealing things from people's pockets
2. shoplifting
b) taking somebody by force and demanding money for their
3. mugging
return
4. burglary
c) killing somebody for political reasons or for payment
5. murder
d) stealing objects from shops while posing as a customer
6. kidnap
e) taking control of a plane using force and forcing the pilot
7. terrorism
to change course
8. pick-pocketing f) making false currency, signatures, documents or
9. assassination
paintings
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10.hijack
11.forgery
12.theft
g) attacking people in the street in order to rob them h)
breaking into a house and stealing possessions
i) committing violent acts for political/religious reasons
j) killing someone
k) illegally setting fire to property
I) action of stealing
c) Put these words and phrases in the correct box:
Crimes against people
Crimes involving things or property
murder, rape, sexual assault, assault causing grievous bodily harm, mugging,
robbery, burglary, car theft, homicide, arson, blackmail, child abuse, kidnap,
fraud, pick-pocketing, shoplifting, stealing
d) Match
1. thief
2. robber
3. burglar
4. mugger
5. murderer
6. kidnapper
7. arsonist
8. shoplifter
9. vandal
10. hijacker
the criminals with the descriptions:
a. someone who kills somebody else on purpose
b. someone who steals things from shops
c. someone who takes a person by force and demands ransom in
order to
set him or her free
d. someone who steals something from a bank, post office, shop,
etc...
often using threats or force
e. someone who uses force to take control of an aeroplane, train etc.
f. someone who takes things which do not belong to him or her
g. someone who damages other people's property on purpose
h. someone who attacks people in the street in order to steal
something
i. someone who sets fire to property on purpose
j. someone who breaks into people's houses to steal something
e) Make up the chart with derivatives related to crimes
Crime (noun) Doer Verb Definition of your own
f) Complete the sentences with the correct form of the word
in brackets
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1. Nobody at the company realized that he had been (embezzle) ..................
money until someone noticed some errors in the books.
2. The (rape).............admitted that he had spoken to the woman but denied that
he had (rape).......her.
3. It is difficult to protect children from (abuse)..............who are members of
their own family.
4. The (blackmail) ..................... was caught when someone recognized her
handwriting.
5. Armed (robbery) ............... is increasingly common, with criminals using
shotguns and other weapons.
6. The (mug)..................came up to her in the street and produced a knife.
7. The (murder).................of women tend to be their husbands (48%) whereas
only 10% of men (murder) .:...................by their wives.
8. The (theft)...................got into the gallery at night and took three Picassos.
9. The (assault)....................was vicious and victim needed 56 stitches.
10.The (arson) ................... who set fire to Anna Hathaway's cottage did it
because he had had a row with his girlfriend.
1.5. Match the headlines with the crimes, choose one
headline and write a short article.
kidnapping hijacking assassination arson mugging burglary
BOY SNATCHED FROM MUM IN PARK
PENSIONER ATTACKED IN TOWN CENTRE FOR $5
"REMOVERS" EMPTY FREE HOUSES
FACTORY FIRE "NO ACCIDENT"
PRESIDENT KILLED BY SINGLE BULLET
GUNMAN FORCES PILOT TO LAND IN A DESERT
1.6. LISTENING
Listening task: Listen to Chief Inspector Ronald Lewis
advising people on how to protect themselves from certain
types of crime and fill in the table below.
Mugging
Kidnapping
Car theft
carry a personal …………………………….
attend ………………………………….. classes
• teach children not to.................................................
• if approached by ……………........ , they should go to the
nearest …………………… place
• if you can afford it, hire a...........................
• fit an.................................system
• parking ……………………............. car park
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• make sure your car is securely .................................
FOLLOW-UP
1.7. Say what crimes are described:
1. He threatened to send the love letters to her husband unless she gave him
$5000.
2. The telephone box had been smashed and there was graffiti all over the walls.
3. An old man has been attacked and robbed in a city street. He is recovering in
hospital.
4. Department stores lose millions of pounds each year through goods being
stolen off the shelves.
5. Thieves broke into the house while the family was away on holiday.
6. The young woman was sexually attacked as she walked across the dark park
late at night.
7. He watched with satisfaction as the fire he lit burnt down the factory. "That'll
make them wish they'd never given me the sack," he thought.
8. It was a perfect copy. It was so good, in fact, that it could even fool an expert.
9. The bank believed her to be trustworthy. They had no reason to suspect that she
had transferred thousands of pounds to false accounts.
10."If you want to see your child again, put $50,000 in an old suitcase and wait for
further instructions.1'
11 .George gave the man $50 in return for a small packet of heroin.
12.lt was a beautiful day. The sun was shining and people were sitting outside the
cafe enjoying the sunshine. Then the bomb went off.
13."If only 1 hadn't brought these watches through customs," she thought as she
sat crying in the police station.
1.8. COLLOCATIONS. Match the adjectives with the nouns
vicious brutal cold-blooded
murder criminal offender crime
common habitual petty
PART 2 COMPUTERS AND CRIME
2.1. Ponder over the questions:
 What kinds of crime are associated with computers?
 Work with a partner. Make a list of kinds of crime that involve computers.
2.2. The words in the left column below relate to computers;
those in the right column relate to computer crime. Discuss
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the meanings of the words with other students. Check an upto-date dictionary if you are unsure.
Computers
Internet
software
homepage
database
Computer Crime
hacking
identity theft
virus
illegal copying
2.3. Add some other words to the
lists that you expect to find in the
text.
COMPUTERS AND CRIME
In 1993, the head of the foreign transfer
department of a bank in the Netherlands used
the bank's compute to move nearly $100 million in funds into outside accounts
over a two-year period. ln 1995, a U.S. government employee was charged with
stealing money from pay checks. Using the computer system, she had diverted ten
cents from each of hundreds of thousands
of pay checks into her own account
Has computer technology changed our ideas of what is right
every month for nearly twelve years
and wrong?
A recent study found that one in every six people in the
and had managed to steal more than 5
United States believes that
million dollars.
traditional ideas of right and wrong have been changed by
new technologies.
Advances in technology,
• Virtually everyone (96 percent) agrees that certain
especially the extensive use of
extreme behaviors are wrong, for example, deliberately
computers in business and for private
damaging your employer's computer systems or data.
But on other activities, opinions are divided. For example,
use, have brought with them new kinds
• 35 percent do not think it is wrong to copy software
of crime, such as the crimes of stealing
for home use, even though that is usually against the law.
• 34 percent do not think it is wrong to use employer's
reported above. And it is not only
computer to search for a new job.
money that is stolen by computer. It is
• 46 percent think it is all right to use office computers for
estimated that approximately 2 billion
personal shopping on the Internet.
dollars worth of computer software is
stolen from the Internet each year. Then there is the theft of information The US
government estimates that 250,000 attempts were made in 1996 to hack (gain
illegal entry) into the computers of its defense installations. While many of these
attempts to gain illegal entry may be carried out just for the thrill or the challenge,
others no doubt are attempts to steal information.
There are also crimes associated with selling over the Internet. For example,
a fake company can set up a website and offer goods for sale, goods that don't
actually exist. The unsuspecting consumer may be tricked into sending money or
credit card details to the company. Or the goods for sale may be counterfeit. One
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US company that investigates businesses on the Internet estimates that up to 20
percent of all brand name goods sold over the Net are fakes.
Computer criminals can also cause harm in other ways. Computer “viruses”
can be deliberately written into programs and documents. The viruses attack and
cause damage to any computers onto which they are copied. In 1999, a virus called
Chernobyl crippled hundreds of thousands of computers around the world. A 24year-old man was eventually tracked down as the author of the virus.
Computer-related crime of such kinds is growing at a rapid rate 5 around the
world, and police ,are faced with a difficult job in preventing it. One reason is that
many computer crimes, especially thefts from companies, are not reported to the
police. A 1996 survey conducted in the United States suggested that only 17
percent of high-tech crimes are reported to authorities. Although companies that
are the victims of this kind of crime are likely to suffer huge financial losses, they
tend to keep quiet about it. One explanation is that they want to protect their
reputations. They do not want the public to think that they are vulnerable to such
crimes, as the public may then lose confidence in the company. It is also difficult
for police to keep up with the necessary technological skills: They
need special training and equipment to fight computer crime
effectively.
But while computer crime presents police with new problems
in solving crimes, computers also help police in some ways. For
example, law enforcement agencies in the United States are
developing a national computer database on recorded thefts. They
can also display photographs of suspects and wanted criminals on the
Internet. These photographs have already led to the arrest of people on the FBI's
most wanted list.
2.4. a) Look back at the text, including the boxed text, to
find which part expresses-each main idea below. Write the
paragraph number (or "ВТ" for boxed text) next to the main
idea.
__ a using computers to solve crimes
_ b problems in fighting computer crime
_ с kinds of computer crime
_ d attitudes to computer crimes
b) Make some brief notes of key
information given in the text for
each main idea.
2.5. Write a one-paragraph summary of the text, based on
your notes.
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Begin like this: Advances in technology have led to new kinds of crime....
LISTENING
2.6. Listen to the news reports and match each person with
the crime described, then write headlines for each news
report. (Enterprise 4 p. )
1. John Pierce
a. fraud
2. Sally Smith
b. terrorism
3. Ann Daniels
c. blackmail
4. Tom Corman
d. joyriding
5. Jerry Parr
e. drug trafficking
Part 3: WHO COMMITS CRIMES?
3.1. Read the text & make up questions to it
WHO COMMITS CRIMES?
Reports on crime can't give us a complete picture of who
commits crimes because not all crimes are reported.
Furthermore, law enforcement agencies don't always share
their information. However, available information on reported
crimes can give us information about the people who commit crimes. If we
consider all categories of crime together, the most likely people to commit crimes
are young men from lower socioeconomic backgrounds.
Age group
Young people have the highest rates of arrest for reported crime. Almost half
of all people arrested are under the age of 25. Older people may gradually move
away from crime or they may become skilled in not getting caught. Younger
people are more likely to be involved in
crime because they have fewer
relationships that encourage them to
follow conventional behavior. A married
person with two children and a steady job
is less likely to commit a crime than an
unemployed, single, child-free person.
Recent figures show a worrying
increase in violent crime and homicide
among youngsters under age 18. In 1995, some 5,280
children and youths died from gun-related injuries,
and a recent study revealed that U.S. children are
fifteen times more likely to die from guns than their
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counterparts in the twenty-five other major industrialized countries combined.
Clearly guns are only a part of the problem. Poverty, deprivation, and gangs are
directly related to much of the crime. In addition, the way this generation of
American parents is raising their children should be examined. One psychologist
argues that "the fundamental problem is that kids these days are not getting the
social and emotional learning they need. Parents aren't around as much, so there's
not as much modeling of how to behave, or as much emotional support."
Gender
According to FBI (Federal Bureau of Investigation) reports, 78 percent of
all those arrested for crimes are males. Males are also responsible for about 83
percent of violent crime and 70 percent of all property crimes. Females are arrested
for criminal behavior in only 21 percent of all arrests. (Percentages for males and
females don't add up to 100 percent because of rounding of numbers.) Although
women commit all types of crime they are most likely to be involved in
prostitution, petty theft, shoplifting, passing bad checks, domestic theft, and
welfare fraud. They are less likely to be involved in the more profitable crimes of
burglary, robbery, embezzlement, and business fraud. In other words, women are
more likely to commit crimes that reflect their less powerful position in society.
Most women criminals are unemployed, uneducated, single mothers with small
children.
Why is it that the figures for males and females are so different? Sociologists
suggest that it is more socially acceptable for males to be deviant and involved in
crime than it is for females. Women are under a greater social pressure to
conform than men are. If they do not conform to the expected social roles of wife
and mother, they are more likely to be assigned extremely negative labels. It has
also been suggested that women have fewer opportunities to get involved in
criminal behavior. Compared to males, potential female criminals are less likely to
be selected and recruited into criminal groups, have a more limited range of
criminal career paths open to them, and have fewer opportunities for learning
criminal skills (Steffensmeier 1983). In other words, like employment
opportunities, criminal opportunities are still much less available to women than to
men. A further argument is that in a male-dominated society, women are
socialized differently from men. Consequently, women are less interested in
achieving material success and more interested in achieving emotional fulfillment
through close personal relations with others. A drive for material success, it is
argued, can lead people into crime if they lack other opportunities to gain such
success.
Socioeconomic status
The majority of those arrested are also from lower socioeconomic groups in
the community. Without money, it is harder to keep out of trouble. You are more
likely to do your gambling, for example, in a public place rather than in the safety
of a suburban living room, and you cannot afford a private attorney to represent
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you if you do get caught. The poor are far more likely than the well-off to be
arrested.
If they are arrested, they are more likely to be charged. If they are charged,
they are more likely to be convicted, and if they are convicted, they are more
likely to be sentenced to prison (Reiman 1979).
However, there is a whole category of crime - corporate crime - that is
committed by people of high social status who work as company officials.
Examples of corporate crime include disregard for safety in the workplace, the
production of unsafe products, and violation of environmental regulations. Such
crimes are committed without the obvious use of force, and the effect of the crime
on the victims cannot be easily traced to the offender. The people who are
involved in corporate crime often have a great deal of power that they use to avoid
conviction. Much corporate crime escapes punishment. If a miner dies of lung
disease, for example, it is difficult to prove beyond a reasonable doubt that he died
because the employer broke the law by not providing adequate safety in the mine.
3.2. a) Discuss the following questions with the group.
 What categories of crime do they consider in the text?
 Who has the highest rate of arrest for reported crime? How old are they?
Why are older people less likely to be involved in crimes?
 According to the study why do youth die from gun-related injuries?
 What is the percentage of male & females crimes?
 What crimes are women more likely to be involved in? Why?
 What crimes are men more likely to be involved in?
Why?
 What is the position of women who commit crimes in
the society?
 Why is it that figures males & females are so different?
 What social roles do women conform to? But if they
don’t?
 What are the fewer opportunities for learning criminal
skills compared with?
 Consequently what are women interested in?
 As for socioeconomic status factor: What is the major factor to keep out of
trouble?
 What is corporate crime? What does it include?
b) Discuss:
 Why do you think there is so much violence among today's youth, especially
in the United States?
 What do you think should be done about the problem?
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c) Make up a plan of the text & then retell it based on the
plan
LISTENING
3.3. SMUGGLER Listen to the text & say who smugglers are?
Retell the text. Do you find it funny? (Streamline Connection p.36)
Proper names: Who are they?
Sam
Lewis Draper
PART 4 WHAT STOPS US FROM COMMITTING CRIMES?
4.1. a) Some of the reasons people do not
break the law include the following:
1. They have a strong moral belief that it is wrong.
2. They fear the disapproval of their family and friends.
3. They fear the embarrassment of being caught.
4. They would have to pay a fine if they were caught.
5. They are afraid of having a criminal record.
b) Which, if any, of the reasons above would
deter or stop you from doing the following
things:
a. parking illegally
b. copying computer software illegally
c. speeding
d. smoking in public places where it is prohibited
e. buying illegal copies of CDs or computer games
f. lying about your age to get into a bar or club
WHAT STOPS US FROM COMMITTING CRIMES?
If a society is to continue to function smoothly, then the members of that
society need to behave in orderly ways: they need to follow certain norms and
obey certain rules. How does it happen that most people in a society agree to obey
the rules? According to sociologists, there are two kinds of controls that influence
the way an individual behaves. These are referred to as internal controls and
external controls.
Internal controls
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Imagine you are in a music store and you see a CD that you want. The price
is $20. You have only $5 with you, but the thought of stealing the CD does not
occur to you. Why not? The answer is internal controls. Internal controls are those
you impose on yourself based on your values, beliefs, and fears.
One of the values you hold is that stealing is wrong and that honesty is right
and good. To continue to feel good about yourself, you don't steal. So the first
aspect of internal control is how you feel about yourself. The second aspect of
internal control is the possible disapproval of friends and family who might
become aware of your stealing. You do not want to have to talk with your parents
or husband or wife or children or friends about why you stole a CD. The third
factor operating to discourage you from stealing is the fear of being arrested.
Many shops display signs such as "This store prosecutes shoplifters to the full
extent of the law" and employ store detectives to identify shoplifters. Finally,
social forces such as whether you are employed full-time may influence whether
you steal or not. You may be afraid of social consequences, such as losing your job
or losing the trust of your work colleagues. In a study of national property crime
arrests, researchers compared the percentage of arrests within two populations:
people with full-time jobs and people who were not employed. The researchers
found that the percentage arrested among those who were not employed was much
higher.
External controls
For some individuals internal controls will not be enough to deter them
from breaking the law. Most societies also impose external controls or
punishments of some kind to discourage people from committing crimes. There are
three main kinds of external controls: public embarrassment; the payment of
money, or fines; and imprisonment. If a police officer stopped you for
speeding, you would probably be embarrassed as other passing motorists stared at
you. If you were going fast enough, you would also be asked to pay a fine as well
as court costs. If you were driving while drunk, you would be taken to jail, fined,
and have your driver's license taken away from you.
There are a number of factors that influence the effectiveness of these
external controls in stopping people from committing crimes. Then" effectiveness
depends, for example, on how certain it is that the crime will be punished. If there
is little likelihood of being caught, the external controls may be weak or
ineffective. It also depends on how severe the punishment is. The threat of being
sent to prison is more likely to prevent people from breaking the law than the
threat of paying a small fine. For some crimes, external controls do not seem to be
very effective. For example, a person who commits a "crime of passion" is in a
state of uncontrollable rage or feels overwhelming pressure
and may not give any consideration at all to the
consequences of his or her actions.
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4.2. a) Find and highlight the following in the text:
• a definition of internal controls
• four kinds of internal controls
• a definition of external controls
• three kinds of external controls
b) Discuss with other students:
1 What internal controls discourage you from plagiarizing?
2 What external controls exist to prevent plagiarism? (Find out if your school or
college has rules about plagiarism and, if so, what they are.)
4.3. Use the pattern to write some sentences of your own:
Eg. A fear of getting caught stops me from speeding.
Here are some verbs that are used in the text to describe internal and external
controls on behavior:
discourage (par. 3 & par. 4)
prevent (par. 5)
deter (par. 4)
stop (par. 5)
They are commonly used in a pattern like this:
A fear of...
The threat of.........
The thought of...
discourages someone from
deters someone from
prevents someone from
stops someone from
breaking the law
stealing
speeding
cheating on a test
committing a crime
LISTENING Crime never pays
4.4. Listen to the story & answer the questions
 Why did Jerry need to make money quickly?
 What Crime did Jerry decide to commit?
 What was Jerry’s alibi?
4.5. Read the sentences and then complete the chart by
ticking the objects that go with the verbs.
He stole her briefcase from her car.
We have a video of the accused robbing the bank.
I was mugged in broad daylight.
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The
bank
A
house
A
warehouse
A
watch
An old
lady
A
car
The bank
manager
Steal
Rob
Break
into
Burgle
Mug
4.6. Consult the dictionary about the following confusables.
Choose the right word, explain the difference.
a) guilt - blame - fault
1. You want Allan to take the .... 2. They say it was the boy's.....3. To my horror
in the public prosecutor's office Oscar's ... was said to be known and classified. 4.
The evidence against him was so incontrovertible that the defendant had to admit
his ... .5. John's attempt to shift the ... for his defeat on his companion met no
response. 6. He could not prove my ... for the accident. 7. He acknowledged his ....
b) to rob - to plunder - to loot - to steal - to burgle
1. The bank was ... today by two masked gunmen. 2. Invaders ... and ... throughout
the entire country. 3. Can you not see how the great trusts have ... your treasures?
4. The house of Julia Merton was ... on Wednesday night. 5. His mail was
repeatedly ... . 6. He gathered a small army and descended upon the Big House
which he ... and distributed the spoils among the poor people. 7. The thief ... the
drawers of their contents. 8. You've ... me of my ideas. 9. The maid was accused of
having ... her mistress' jewelry. 10. The villa must have been ... by some teenagers.
4.7. Street violence
4.7.1. About you
 Are street attacks ever a problem where you live?
 Are any areas in your city/town/village particularly
dangerous?
 Have you ever seen someone being attacked in the
street? What did you do?
LISTENING
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4.7.2. Before you listen
What do these words mean? Use a dictionary if necessary.
victim brick knock out conscious ignore stitch (medical) scar sentence
(legal)
4.7.3. Read the beginning of an article about street
violence and, in pairs, discuss what you think happened to
Stephen Marriott.
WOULD YOU HELP?
‘I heard someone screaming’
It’s hard to know what to do. If you saw someone being attacked, you might
want to intervene out you could risk becoming a victim yourself, as Alison
Honing reports.
Stephen Marriott, a 32-year-old gymnastics coach, intervened during a
street attack in Gateshead late one night. He subsequently received worse
injuries than the man he went to help. 'I was walking home when I heard
someone screaming and saw two teenage boys kicking an old man on the
ground.'
4.7.4. Listen and choose the correct answer; a), b) or c)
1 Stephen
a) saw the incident with two male friends.
b) was the only person to see the incident.
c) was one of three people who saw the incident
2 When Stephen went to help,
a) the boys threw bricks at him. b) one of the boys hit him with a brick.
c) the boys threw a brick at the old man.
3 The boys then
a) punched his nose. b) twisted his arm. c) cut his face.
4 The old man
a) walked away. b) helped Stephen to get to a pub. c) called the police.
5 Stephen
a) recovered quickly and went home. b) had to go to hospital for stitches.
c) shows no sign now of his injuries.
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6 The boys
a) only served short prison sentences. b) were fined. c) were never caught.
4.7.5. Study the words.
Try to explain in your own words what the following
expressions on the tape mean.
1 Push off! (colloquial)
3 in a pretty bad state
5 served part of the sentence
2 gave me a lift
4 one got two years in prison
6 when the time comes
4.7.6. Read and think.
Why do you think the other two witnesses didn't stop?
Why do you think Stephen 'didn't feel a thing' after the attack?
Why does he feel bitter?
4.7.7.
Retell Stephen's experience using the following
words. Make notes first.
walk/home hear/scream see/kick help brick glass pub blood lift police
station stitches scar sentence bitter regret
4.7.8.
Talk about it.
WHEN SHOULD WE INTERVENE?
Read the text which tries to explain why bystanders behave
as they do in unpleasant situations. Underline any facts
which surprise you, or you think may not be true in your
country:
TO INTERVENE OR NOT TO INTERVENE
Dr. Michael, Reader in Social Psychology at Oxford University, says that
the “Bystander Apathy Effect” was first studied by academics in New-York after
neighbours ignored - & in some cases turned up the volume on their TVs – the
cries of a woman as she was murdered (over a half hour period). With regard to
helping those in difficulty generally, they found that: 1) women are helped more
than men;2)men help more than women;3)attractive women are helped more than
unattractive women. Other factors relate to the number of people in the vicinity
(the more they are, the worse the chances of help being offered), whether the
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person is perceived to be in a trouble through their own fault, & whether a person
sees himself as being competent to help.
According to Adrian Furman, Professor of Psychology at University
College, London, there are reasons why we tend to stand idly by: (1) “Diffusion of
responsibility” – the more people there are, the less likely help is to be
forthcoming. Each person excuses himself by thinking someone else will help, so
that the more other people think there are, the greater the total shifting of
responsibility, & the greater the collective inertia. Cambridge University Dr.
Brendan Burchell puts it like this: "“it depends whether people see themselves as
individually responsible or whether they get lost in a crowd”. (2)”Fear of making a
mistake” – situations are often ambiguous. People think that those involved in an
accident may know each other or it may be a joke, so a fear of embarrassment
makes them keep themselves to themselves.(3)”Fear of the consequences if
attention is turned on you, & the person is violent.”
Laurie Taylor, Professor of Sociology at London University, says: ”In the
experiments I’ve seen on intervention, much depends on the neighbourhood or
setting. There is a silence on public transport which is hard to break. We are
embarrassed to draw attention to something that is happening, whereas in a football
match, people get involved, & a fight would easily ensue. But on busses or the
underground, people keep themselves to themsrlves, so a person who wishes to
make trouble has a free hand.”
Psychotherapist Alan Dupuy identifies the importance of the individual:
”The British as a whole have some difficulties intervening, but there are
exceptional individuals in every group who are prepared to intervene if they are so
outraged at the example of abuse, regardless of their own safety. They would be
people with a strong moral code, & with the perception that women need to be
respected, perhaps due to their own philosophical or religious ideas.”
What would you do in the following situations?
Start like this: I think I'd... / I don't think I'd ... / I wouldn't...
1. In a crowded cafe you see a woman steal someone's bag.
2. As you leave a car park you see a driver crash into a parked car and then drive
off.
3. An untidy-looking man is lying in the
gutter and groans as you pass by. There are
spots of blood on his clothes.
4. A tough-looking man lights a cigarette in
the non-smoking part of the train.
4.7.9. WRITING: A narrative
account of an incident
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a)
Write an account of what happened to Stephen using
the notes from the Exercise above (4.7.4.).
b) Imagine you have been involved in a bag snatching
incident. Use the picture at the side as the basis for an
account of the incident.
Start like this: This incident happened to me last. . . when I was . ..
PART 5 METHODS & TECHNIQUES
a) Think of television programs and movies you have seen
about detectives solving crimes. Use those memories
and the pictures below to do the following task.
b) Work in a small group. For five minutes, brainstorm
different ways to solve crimes. Make a list. Compare
your list with another group of students. Explain the
meaning the phrases in bold in English.
TECHNIQUES FOR SOLVING CRIMES
There are many methods of crime detection. Detection
methods include the study of handwriting to find out who was the
author of an incriminating document and the use of a lie detector test
that Indicates whether suspects are telling the truth by measuring
their breathing and pulse and skin movements. Detectives can even
use insects to help solve a murder case! By knowing how long it
would take certain insects to break down body tissue, scientists can
estimate the time of death. Insects can also be used to solve drug
crimes. Insects are often found in illegal shipments of drugs. Detectives can use
knowledge about where the insects come from to trace the drugs back to a
particular location in the world.
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One of the most important and reliable kinds of evidence that can be used in
solving crimes is still the fingerprint. A person's fingerprints are the swirled
patterns of ridges and valleys in the skin on the tips of the fingers. These patterns
are unique, that is, no two people have identical patterns, and the patterns do not
change over time. Criminal investigation agencies all over the world have large
collections of fingerprints to use in crime detection and these are now
computerized to make it easier to search for matching prints. If fingerprints are
found at a crime scene, they may be entered into a computer bank to search for a
match with the prints of a suspected criminal.
Fingerprints are made when someone touches a surface. Sweat and amino
acids from the body transfer to the surface and leave an impression. Sometimes it
is only a partial impression, but that can be sufficient. Many prints are invisible
under normal circumstances, but they can be made visible using a variety of
techniques, such as dusting powders and chemicals. The prints are then
photographed and lifted with a tape. Today, prints are often examined in darkness
using high-powered lasers, and they can be retrieved from almost any surface even plastic bags or human skin.
Of course, some crime scenes may contain no
fingerprints. When the New York City police arrested
a murder suspect in June 1998, they had no physical
evidence tying him to the killing. Only days later
they were able to link him to that homicide, plus two
other homicides - and it all came down to a cup of
coffee. The man, who had been arrested on a petty
theft charge, was given coffee by detectives while they were questioning him.
After the suspect left the room, detectives used the saliva he left on the cup to
obtain his DNA. Testing then showed that his DNA matched not only the DNA
found at the crime scene, but DNA associated with other crimes as well. Another
case involved a DNA sample from a popsicle. Detectives who had been following
the suspect picked up the popsicle from a trash bin. In this case, however, the
suspect was found not to be connected to the crime. DNA analysis is based on the
fact that every person (except an identical twin) has certain elements in his or her
DNA that are unique. A sample of DNA can be taken from a person and matched
to a sample of DNA taken from a crime scene - from a drop of blood or a strand of
hair, for example. New methods of DNA testing mean that it is now a much faster
and cheaper process, and large banks of DNA test results can be stored in
computers, just as fingerprints are. When DNA is collected from a crime scene, the
computers can search for a test result that matches the sample. Now, in New York
City, detectives are being instructed to pick up such discarded items as gum,
tissues, Band-Aids, and, in some cases, the spit of suspects, in order to get samples
of their DNA. If detectives can match the DNA to DNA recovered from the crime
scene, chances for a guilty plea or conviction are higher. If there is no match,
suspects can be eliminated.
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The analysis of DNA is another example of how science and technology are
transforming crime fighting. However, there are some difficulties with this method.
While some see it as a positive technological advancement - a tool that helps police
to find and charge the guilty and to free the innocent - others see it as a serious
invasion of privacy, suggesting it is like a police search of a person or place
without permission. United States law regards DNA like other "property" that
someone has abandoned. If a suspect leaves saliva on a glass in a restaurant, or a
cigarette butt on a sidewalk, or in some other public place, this is abandoned
property. If someone drinks from a glass in a restaurant and then leaves the
restaurant, he or she is, in legal terms, "abandoning" the DNA left on the glass.
There is also the issue that DNA can be used to reveal much information
about a person's genetic code. It can show, for example, whether the person has
genes that relate to particular illnesses or to particular kinds of behavior. For
reasons of privacy, therefore, it is important that DNA testing be strictly limited to
simply identifying the person, and not used for other purposes without the person's
permission. Special legislation may be needed to protect this genetic information.
Table. Determining DNA The specimen amounts needed and the estimated
likelihood of finding usable cells in them in order to determine a person's DNA
profile
Specimen Source or amount needed
Likelihood of usable cells
Blood stain Size of a dime
More than 95%
Hair
Single hair with root and follicle More than 90% Less than 20%
Single hair without root
Saliva
On used gum or cigarette butt On 50-70% Less than 50%
used soda can
Mucus
On used tissue paper
Less than 50%
Skin cells From socks, gloves, or other
30-60% Less than 20%
clothing used repeatedly From
Less than 10%
doorknob From handle of knife or
pistol found at crime scene
Source: NY City Medical Examiner's Office.
5.2. Imagine that you are a detective. You have been
involved in solving a crime using DNA. Now you must write
up your report. Tell the story of how you collected the DNA
and how it helped you to find the criminal. Use the guide
questions below to help you get started. The information in
this section and in previous readings in this chapter will
provide ideas.
1 What was the crime?
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2 Who was the suspect?
3 How did you collect the DNA?
4 Then what happened?
5.3. Discussion point: Explain the following proverbs in
situations of your own. Choose one and write an
argumentative essay.
 He that once deceives is ever suspected
 Rather suffer an injustice than commit one
 A lawyer never goes to law himself
 Necessity knows no law
 Opportunity makes the thief
 The end justifies the means
LISTENING
5.4. Listen to the following street survey about the rise in
crime and fill in the table below. Looking at your notes, give
a one-minute talk on the rise in crime. Start like this: One of the
main reasons that there is a rise in crime is unemployment. Some people may turn
to crime ...
Unemployment • Some people may turn to crimes as an easy way of
Advertisements • Some people end up ............... things they want but they
can't............................
TV
• Too much violence on TV makes young people more likely to
programmes
........................way in real life
• Criminals are shown in a way that makes them and their ...........look
glamorous and............
Social
• Teenagers have to commit petty crimes such as
pressures
.................., in order to.................. by the gang
• Once you begin a life of crime it can be very difficult
Part 6 JUSTICE
6.1.
CRIMINAL JUSTICE PROCESS IN THE
USA
Basically, the steps in the criminal court
processes are as follows: arrest and booking,
arraignment, trial and appeals (if any).
A person who comes into contact with the
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criminal courts must initially be arrested. The arrest may take place with or without
using a warrant (e.g. when an offense takes place in the presence of the officer, or
when there is a probable and reasonable cause to believe that a felony (a serious
offense punishable by death or imprisonment) or misdemeanor (a less serious
offense punishable by a fine or up to one year in jail, or both) has been
committed.). Even after an arrest the suspect may be released without being
prosecuted for a variety of reasons; mistaken identity, lack of proper evidence,
etc.
After the arrest is made, the suspect is booked. The booking card of the law
enforcement agency contains information such as the date and time of the arrest,
the charge or crime for which the person was arrested, the name of the arrested
person, the name of the arresting officer. Here the accused is photographed,
fingerprinted, and temporarily released on bail, if possible. The record or booking
card is permanently kept in the files of the police department. On important cases,
the prosecutor may be present at the booking, but usually he will enter the case
during the arraignment or initial appearance of the suspect before a magistrate or
other judicial officer. Before turning to the prosecution of the suspect, it must be
remembered that the investigative work of the police may continue even though
the accused is involved with the prosecution or court phases of the criminal justice
system.
At arraignment, summary trials can be held for petty offenses without further
processing. During the initial appearance before a magistrate, judge or justice of
the peace, the accused is to answer the charges against him. During the
arraignment procedure, the charge may be dismissed by the court for a legal reason
or the prosecutor may request to have the charges dropped. The initial appearance
may also serve as the trial for minor offenses that have payment of a fine or a
relatively short time in jail as a punishment. Once the judge finds a verdict of guilt,
the accused is sentenced to jail or payment of a fine. The defendant may also be
placed on probation for a specified length of time. If sentenced to jail, he may be
granted parole.
The purpose of preliminary hearing in the lower court is to determine
whether there is a reasonable cause to believe that a felony was committed and
whether there is a reasonable cause to believe that the accused committed the
crime. It is here that a preliminary testing of the evidence takes place. As a result
the accused may be released because of having been arrested not for probable
cause, or he may be placed on bail or moved back to jail until his case is tried by
the higher
court.
If there is a reasonable belief that a crime has been committed by the
accused, the prosecutor is given statutorily defined number of days to file formal
charges against the defendant. The charge is filed on the basis of information from
citizen complaints and police investigations.
Then another arraignment is held. If the defendant pleads guilty a date for
him to be sentenced is set by the judge. If the defendant pleads not guilty, he may
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request to have a jury trial or be tried by the court without a jury. At the trial, if the
defendant is convicted, a date for sentencing is set.
Before imposing the actual sentence an investigation by the probation officer takes
place to assist the judge in deciding on a penalty. The defendant may be fined, or
placed on probation. During this period the defendant can appeal his conviction.
As a rule, the appeal stays the execution of the sentence. If the appeal is
unsuccessful or the defendant decides not to appeal, the penalty is imposed.
The defendant is then involved in the corrections of the criminal justice
system. It is here that rehabilitation of offenders is supposed to occur. This is the
purpose of correctional establishments.
To reduce the risk of convicting an innocent person, there are checks and
reviews at all stages of the criminal justice system.
(Law Enforcement in a Democratic Society, E. Beckman)
6.2. Enumerate and describe all the stages of criminal
justice process
6.3. Read the text to know about the peculiarity of the
British system of law:
Common Law in Britain
One of the sources of British Constitution is Common Law. In most
countries there exist Civil Code and Criminal Code. In Britain there is the so called
Common Law based on precedent, modified by a constant process of
interpretation. Since the times of Queen Elizabeth I every case in court has been
recorded. When a judge comes to a legal decision he is to agree it with similar or
analogous precedents, i.e. to find a precedent, be guided by it, correlate his
decision upon the precedent. Common Law is guided by the motto "What is not
proved directly forbidden is allowed."
6.3.1. Study the vocabulary units and use them in sentences
of your own:
Precedent - a former action or case that may be used as an example or rule for
present or future action
- to set/create/establish a precedent
- to be without precedent
- to invoke a precedent
- unprecedented
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PART 7 PUNISHMENT
7.1. Read the text & say what punishments can be inflicted
for a crime.
PUNISHMENT
The punishments that can be inflicted
for crime are as follows: electrocution (US);
life imprisonment', imprisonment consisting
in corrective training or preventive
detention; approved schools, detention
centers, etc. for juvenile delinquents, i.e.
persons between 16 and 21, convicted of offences punishable with imprisonment;
fine - a money penalty, generally imposed for minor offences; probation - placing
the offender under the supervision of a probation officer (a person on probation
must report to a local police station at regular intervals, which restricts his or her
movement); suspended sentences when the person will not serve the sentence
unless he or she commits another crime; community service means that the
convicted person has to spend several hours a week doing useful work in his
locality and so on.
7.2
Speaking and discussion point:
Go through the list of offences and decide which are major
and which are minor, then look at the forms of punishment
and decide which is appropriate for each offence. Make up
sentences as in the example below.
Murder is a major offence. I think that someone who murders somebody should be
sentenced to life imprisonment. Because ...
Offences
1. murder
2. hijacking an aircraft
3. kidnapping
4. littering
5. writing graffiti on a public building
6. stealing a car
7. pick-pocketing
8. stealing sweets
9. making noise late at night
Punishments
To be sentenced to life
imprisonment
To be sent to prison
To be fined large/small amount of
money
To be given a suspended sentence
To do community service
To be given a warning
etc.
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10.being on a bus without a ticket
11.violent behaviour in a football stadium
12.toxic waste pollution
LISTENING
7.3. Listen only once to a news bulletin describing the bank
robbery & fill in the missing information on the crime report
sheet
Robbery at the national saving bank
Location of the bank ………………….Time of robbery ……………….
Number of suspects ………………….. Amount stolen ……………
Other customers saw a woman giving something to ………….
Alarm raised by …………………. Gang escaped in …………………
7.4. CAPITAL PUNISHMENT:
Text a)
Perhaps all criminals should be required to carry
cards which read: "Fragile: Handle With Care". It will
never do, these days, to go around referring to criminals
as violent thugs. You must refer to them politely as
‘social misfits'. The professional killer who wouldn't
think twice about using his cosh or crowbar to batter
some harmless old lady to death in order to rob her of her
meagre life-savings must never be given a dose of his
own medicine. He is in need of 'hospital treatment'. According to his misguided
defenders, society is to blame. A wicked society breeds evil — or so the argument
goes. When you listen to this kind of talk, it makes you wonder why we aren’t all
criminals. We have done away with the absurdly harsh laws of the nineteenth
century and this is only right. But surely enough is enough. The most senseless
piece of criminal legislation in Britain and a number of other countries has been
the suspension of capital punishment
The violent criminal has become a kind of hero-figure in our time. He is
glorified on the screen; he is pursued by the press and paid vast sums of money for
his 'memoirs'. Newspapers which specialise in crime-reporting enjoy enormouscirculations and the publishers of trashy cops and robbers stories or 'murder
mysteries' have never had it so good. When you read about the achievements of the
great train robbers, it makes you wonder whether you are reading about some
glorious resistance movement. The hardened criminal is cuddled and cosseted by
the sociologists on the one hand and adored as a hero by the masses on the other.
It's no wonder he is a privileged person who expects and receives VIP treatment
wherever he goes.
Capital punishment used to be a major deterrent It made the violent robber
think twice before pulling the trigger. It gave the cold-blooded poisoner something
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to ponder about while he was shaking up or serving his arsenic cocktail. It
prevented unarmed policemen from being mowed down while pursuing their duty
by killers armed with automatic weapons. Above all, it protected the most
vulnerable members of society, young children, from brutal sex-maniacs. It is
horrifying to think that the criminal can literally get away with murder. We all
know that 'life sentence' does not mean what it says. After ten years or so of 'good
conduct', the most desperate villain is free to return to society where he will
live very comfortably, thank you, on the proceeds of his crime, or he will go on
committing offences until he is caught again. People are always willing to hold
liberal views at the expense of others. It's always fashionable to pose as the
defender of the under-dog, so long as you, personally, remain unaffected. Did the
defenders of crime, one wonders, in their for fair-play, consult the victims before
they suspended capital punishment? Hardly. You see, they couldn’t, because all the
victims were dead.
Text b)
ROLE-PLAY
“ Pros & cons of death penalty
ARGUING FOR & AGAINST
Divide into groups of 4 to 6. You are going to argue about the
statement
A) Before study the table
Arguing for
I can't see anything against ……
I'm all for / in favor of …..
I'd certainly give ……… my support
It would make sense to
There's a lot to be said for
Arguing against
That's all very well but ..
You can't possibly say that …..
It absolute nonsense to say that ..
I'm dead against
I really couldn't condone
Decide which expression sounds very formal ? - informal ?
Can you add any other expressions to the list
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B) Team A Agree with the statement . Each member of the
team must speak 30 seconds , & should prepare to put
forward a different argument in favor of the statement to
Team B
Team B You disagree with the statement . Each member of the
team must speak 30 seconds , & should prepare to put
forward a different argument in favor of the statement to
Team B
When everyone is ready, Team A should argue their case, then
Team B can reply with theirs. No one should interrupt while
someone is speaking
Which group stated its case more convincingly?
C) Allow yourself two or three minutes to prepare what you
are going to say. These ideas might help you
Advantages
Disadvantages


Useful expressions: although, despite, not only ... but , in addition, on the
one hand, however, also, both
I think.
I believe,
I disagree,
However,
I have to admit...,
On the other hand ....
One advantage is,
Another advantage is,
Moreover,
Furthermore, etc
eg. Computers make your life easier. However, they can make you unsociable.
D) Sum up the ideas mentioned in the discussion in writing
7.4.1. List the crimes in order of which should get the
greatest punishment. For example: Should all murderers be
punished in the same way? What makes a difference to the
punishment?
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murder rape sexual assault assault causing grievous bodily harm
mugging robbery
burglary car theft
homicide
PART 8 PRISONS
8.1.
A. In primitive societies wrongs were treated as private 'torts' rather than
public 'crimes' and punishment was dealt out cither by individual or group
retaliation or by compensations . (detection, conviction and punishment were in the
hands of the whole community. Prisons haven't always existed, and even when
they did they were not often used as they were too expensive to maintain.
In the 14th century, prisoners were expected to provide all their own necessities —
food, drink, bedding, clothing, even candles and fuel for fire. If you wanted a
separate room you had to pay for it, and if you didn't have enough money to buy
the food and beer from your gaoler's shop, you might even die of starvation or
thirst.
Certainly the most economical form of punishment is execution, but with the
advent of a more humanitarian society other less drastic forms were invented. In
the 1820s and 1830s, for example, around 4000 criminals a year were transported
from Britain to Australia. Increased government revenue around this time made a
prison system possible, which made the grading of punishment considerably easier
— weeks, months and years, rather than ears, arms and legs.
 If you lived in a small community & had to pay for the
upkeep of the local prison from your own pocket
(keeping a criminal in a prison is more expensive than
paying for one to stay in a four star hotel), would you
still send offenders to prison or would you come up with
some valid alternatives?
8.2.
B. A group of social psychologists were interested in determining the causes
of the dehumanisation that is so prevalent in prisons. Suppose that ordinary members of society were persuaded to act as guards and prisoners in a mock prison
which mimicked the environment and day-to-day running of a real prison? If the
mock prison failed to produce the hostility and alienation of a real prison, this
would surely suggest that the personality characteristics of the guards or the
prisoners, or both, are the vital ingredients in the unpleasantness found in a real
prison On the other hand, if the behaviour observed in the mock prison was very
similar to that in a real prison, this would suggest that it is the environment of a
prison which is the crucial factor in producing unpleasantness.
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1. What are prison conditions like in your country?
2. What are the pros and cons of detection, conviction and
punishment being in the hands of the whole community?
3. Would having to pay to stay in prison be a good deterrent
in modern society?
4. Imagine that prisons were abolished, what could be used
in their place?
5. How do you think the researchers (extract B) carried out
their experiment and what was the result?
6. How do you think the 'guards' and the 'prisoners' reacted?
Follow-up: Discussion
8.3. Why do we have prisons: to lock people up and keep
them out of the harm's way, as a punishment, a deterrent,
for rehabilitation, because we've got nowhere else to put
them?
LISTENING
8.3. Listen to the prison experiment & answer the questions
(discussion A-Z)
1. How were the participant found & selected?
2. How long was the experiment supposed to last?
3. What happened after two days?
4. How did the guards behave? And the ‘prisoners’?
5. Why was the experiment stopped?
6. What did it supposedly prove?
7. What other explanations is there for the guards behavior?
8.4. The final judgment. Read the text & discuss it in groups.
Compare the bible versions with your religion’s equivalent.
Then I saw a great white throne and
Lord, if I argued my case with you.
the one who sits on it. And I saw the
You would prove to be right. Yet I
dead, great and small alike, standing must question you about matters of
before the throne. Books were
justice. Why are wicked men so prosopened, and then another book was
perous? Why do dishonest men
opened, the book of the living. The
succeed? You plant them, and they
dead were judged according to what
take root, they grow and bear fruit.
they had done, as recorded in the
Jeremiah questions the Lord.
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books. Whoever did not have his
name written in the book of the living
was thrown into the lake of fire.
The Book of Revelations 20. 11-15
Jeremiah 12, 1-2
1. What evidence can you see or feel in the world around you for and against an
idea of ultimate justice?
2. How would you answer Jeremiah's questions?
3. Is it right that some people ore born rich, intelligent and beautiful, and others
poor, stupid end ugly?
4. Is your life predestined by the country where you ore born and the parents who
you are born to?
5. Is it fair that we only live once? Or do we only live once?
6. Should famous people be sentenced more severely than • others to set an
example?
PART 9 TRIAL
9.1. Study the vocabulary units and use them in sentences of
your own:
Law - a rule that is supported by the power of the government and that controls the
behaviour of members of society.
- to be a law to oneself - to take no notice of law and other rules of behaviour,
and do what one wishes
- to go to law (of a private person) - to bring a matter to a court of law for a
decision
- to take the law into one's own hands - to take no notice of society's rules and act
alone, usually by force
- the long arm of the law - justice, especially in the form of the police, considered
as something that criminals cannot escape from.
9.2. Read the following dictionary article
and point out the differences:
"Lawyer" is the most general word for talking
about someone who either presents people in court of
law or advises people about legal problems. Lawyers
sometimes do legal work that is related to only one
particular area of the law, such as medical cases, or
company law, or they can do general work for many different types of legal cases.
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In the US a lawyer can also be called an attorney, which means exactly the same.
The word counsellor is also used in the US to mean a lawyer, especially one
working in a court of law, and it can be used as a title when speaking to a lawyer in
court.
In the UK, a lawyer who speaks in court is called a barrister, and a lawyer
who mainly works in an office is called a solicitor, and these two types of lawyer
have different training. (Longman Dictionary of the English language and culture)
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9.3. WHO IS WHO IN THE WORLD OF LAW
If you are prosecuted for a crime in Britain you may meet the following
people during your process through the court:
Magistrates
Magistrates are unpaid judges, usually chosen from well-respected people in the
local community. They are not legally qualified. They are guided on points of
law by an official, the clerk. There are magistrates' courts in most towns.
Solicitors
After the accused person has been arrested, the first person s/he needs to see is a
solicitor. Solicitors are qualified lawyers who advise the accused and help prepare
the defence case. The solicitor may represent the accused in court. A person who
is too poor to afford a solicitor will usually get Legal Aid financial help from the
state.
Barristers
In more serious cases, or where there are special legal difficulties, it is usual for the
solicitor to hire a barrister to defend the accused. The barrister is trained in the
law and in the skills required to argue a case in court. The barrister for the defence
will be confronted by his or her opposite number, the prosecuting barrister, who
represents the state. Legal Aid is available to pay for defence barristers.
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Jurors
A jury consists of twelve men and women from the local community. They sit in
the Crown court, with a judge, and listen to witnesses for the defence and
prosecution before deciding whether the accused is guilty or innocent. In Britain
a person is innocent unless found guilty; the prosecution has the burden of
establishing guilt.
Judges
Judges are trained lawyers, nearly always ex-barristers, who sit in the Crown court
(and appeal courts). The judge rules on points of law, and makes sure that the trial
is conducted properly. S/he does not decide on the guilt or innocence of the
accused - that is the jury's job. However, if the jury find the accused guilty, then
the judge will pass the sentence.
9.4. Match the words with their definitions:
1. The accused
a. Somebody who has been charged with committing a
2. Court
crime
reporter
b. A professional who decides how a criminal should be
3. Witness
punished
4. Policeman
с. A professional who speaks for the accused and advises
5. Jury
him/her in court
6. Judge
d. Somebody who has seen a crime happen
7. Defence
e. A professional who assists the lawyer of the accused
lawyer
f. A group of people in court who decide whether
8. Prosecutor
somebody is innocent or guilty
9. Junior
g. Somebody whose job is to deter people from
defence
committing crimes and to arrest those who break the law
lawyer
h. A professional who represents the state in court
i. Somebody who notes down what is said in court
LISTENING
9.5. Listen to the news report and fill in the gaps.
"Yesterday morning Gregory Briggs appeared in Shellsby Court
..................... of robbery. The judge .................... him to ten years in
Briggs was ............................ last May as he was trying to ........
Lloyds BanTin Shellsby. One..................told the reporters that Briggs had run
into the ............... holding a gun and ...................to shoot everyone unless
the manager gave him all the money in the .......... Fortunately,................
Gary Thomas, who happened to be in the bank at the time, was able to grab Briggs'
.......................before he had a chance to....................anyone.
As Briggs went into the ................. yesterday morning with his
............. he ........................ having broken the...............,............And
told reporters that he was ............................. However, after hearing the
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.................. and seeing the........................ supplied by the bank's
...................cameras, the ............... quickly came to the................. that
Briggs was.......................
Last night Police Chief John Brown praised Thomas for the brave
............of the violent..................and for preventing what might have turned
into a................."
9.6. Put the right preposition after each verb, use these word
combinations in sentences of your own:
He
a. confessed
b. was accused
с was charged
d. was convicted
e. was found guilty
f. was sentenced
g. was booked
h. was arrested
i. was suspected
...
shoplifting......
9.7. A) Look at the picture of a trial in progress. Match the
words with the numbers.
judge jury the accused defending counsel witness police officer witness box
b) What
differences can
you see between
this courtroom
and one in your
country?
JURIES
9.8. Discussion
point. What kind
of people should
and should not be
able to serve on a jury? Should this work be compulsory?
Should compensation be given for loss of time and money?
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LISTENING
9.9. Listen to some information about the origins of the jury
system in England and answer the questions.
1. In what way were the original juries different from today's?
2. How do you qualify for jury service?
3. Who is exempt?
9.10. Speaking point: Imagine you are members of a jury,
your task is to consider the five cases.
1. This woman shot in the knee the unarmed man who had broken into her house.
He later spent six months in hospital as the result of his injury and is still unable
to walk.
2. This man drove through traffic lights on red and killed two people. He was
taking his pregnant wife to hospital, she actually delivered the baby whilst still in
his car.
3. This man is a private art collector who received items stolen by grave robbers
who had been stealing from 3000-year-old tombs at an archaeological site. The
robbers are also in court for having destroyed many pottery artifacts during their
raid.
4. This preacher predicted that the world was going to end in three months. He
accepted millions of dollars in donations from believers who had sold their homes,
abandoned their families and quit their jobs to prepare for the second coming of
Christ. At least four followers committed suicide.
5. This multinational soft drinks company organized a promotion lottery in which
tops of bottles were stamped with numbers, some of which would enable the lucky
owner to collect a prize equivalent to $40,000. However, the computer had
wrongly generated 800,000 of these numbers. They explained that they didn't have
the $32 billion needed to pay all the claimants, and so merely offered the losers
their apologies. When this fact was announced there were violent protests in which
one five-year-old girl was killed.
9.11. Complete these courtroom sentences with appropriate
words. Guess who can pronounce these words:
1. I am......................you with attempted murder.
2. Call the first............................
3. Members of the................. how do you find the accused: ...............or not
guilty?
4. The .................... of this court is that you are guilty and I therefore ............ .you
to life imprisonment.
5. I want to...............against my sentence.
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FOLLOW-UP
9.12. THE JUSTICE CHART. Fill in the blanks in the chart
with the following words
fined
found
life
lose
probation
plead reduced sentence win
THE JUSTICE CHART
1. You are accused of (shoplifting)
4. you plead not
guilty
3. you are …… guilty
2. you ……guilty
5. you are found not guilty
6. You are given a
suspended sentence
7. You are put on
…………….
8. You are …….
$20 000
9. You are sentenced to
a. two years in prison
b. ……life imprisonment
c. death
10. You appeal
11. You ………you appeal
13. The ……… is carried
out
12. You ………….. appeal
14. Your sentence
…………..
15. You are acquitted
9.13. Read the following information & then role-play the
trial according to the details given
a The accused, a 32-year-old single woman, went to a
department store where she allegedly took a bottle of
perfume without paying. She is charged with shoplifting.
Note: The accused can of course be a man.
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b Choose one of the roles below and then look at your role
card.
It is important that you do not look at anyone else's card.
О the judge
О the defending counsel
О the prosecuting counsel
О the accused
О the store detective
О the character witness
О the jury (12 people): it is your job to listen to the evidence and decide whether
the accused is guilty or not.
с The procedure at a trial is as follows:
1 The prosecuting counsel makes a speech saying why the accused is guilty.
2 The defence counsel makes a speech saying why the accused is innocent, or at
least why the prosecution cannot prove the accused's guilt.
3 The prosecuting counsel puts his or her witness(es) in the witness stand and gets
them to tell the court what they know.
4 The defending counsel tries to find fault with what the witness(es) has said.
5 The procedure is reversed: now the defending counsel puts a witness in the
stand.
6 The defending counsel makes a closing speech to the jury saying why they
should acquit the accused.
7 The prosecuting attorney makes a speech saying why the jury should find the
accused guilty.
8 The jury make their decision.
9 The judge passes sentence or sets the accused free.
Store detective
You saw the accused put a bottle of perfume into her bag. She then paid for some
other goods before walking out into the street. When you stopped her outside the
store she said "1 didn't realise the store had detectives otherwise 1 would never
have done it."
The Accused
You were shopping in a department store. You bought a number of toilet articles
and, without thinking, you put a bottle of perfume into your bag and forgot about
it. After leaving the shop you were stopped by the store detective. You said to him,
"I didn't realise that I had put the perfume in my bag. 1 would never have done it
on purpose,"
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Barrister: defence counsel
It is your job to try and pick holes in the witness's evidence. You will put your
client in the witness box and try to get her to prove her innocence.
Barrister: prosecuting counsel
It is your job to get your witness to give evidence that will convince the jury that
the accused is guilty. You will also have a chance to pick holes in the evidence of
the accused and the character witness. You might try to find out how and where the
character witness met the accused.
Character witness
You say that you have known the accused for long time and that she is a respected
member of the community. You do not want the court to find out that you actually
met the accused in a police-station where you were being charged with being drunk
and disorderly.
Judge
It is you job to make sure the trial runs smoothly and fairly. Don't let things get out
of hand. When all the evidence has been heard ask the jury to decide if the accused
is guilty or not. If the accused is found guilty (and only if she is found guilty) you
сaп tell the court that she has already been found guilty of three other shoplifting
charges. This will help you to decide what kind of sentence to give her.
b Write a report of the trial for your local newspaper.
10. Role play 2
LADY WYATT ACCUSED OF SHOPLIFTING
10.1. Read the evidence given by two people and do the
tasks below:
On Wednesday morning I went to Hall's
I was on duty on the second floor
Department Store to do some shopping and to
when I observed Lady Wyatt trying
meet a friend for lunch. In the Ladies' Fashion
on a scarf. She looked at herself in
Department I bought a belt and a bag and paid
the mirror, looked round several
for them. As I was waiting for the lift to go up to times and then put the scarf in her
Rooftop Coffee Lounge, I saw a silk scarf that I
bag. She then went up in the lift to
liked. I tried it on and decided to buy it. I looked the top floor cafe where she met a
around for an assistant to pay but couldn't see
man. I kept up my observation and
anybody. The lift came and as I was late for my
when they left together, I followed
appointment, I put the scarf with my other
them to the door. She had made no
purchases, intending to pay for it later on my
attempt to pay so I stopped her and
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way out. Unfortunately, 1 forgot to pay and
was stopped at the door by the store detective
who asked me to go to the manager's office
where 1 was accused of having stolen the scarf.
It's quite ridiculous. 1 simply forgot to pay.
asked her to accompany me to the
manager's office. She became
abusive and refused to go with me
until a policeman arrived on the
scene.
10.2 Continue the conversation in pairs, then role-play a
police officer and a store detective.
A police officer is checking through Lady Wyatt's statement.
Police officer: You said that you had gone there to do some shopping. Is that
right?
Lady Wyatt: Yes, it is.
P.O.: You also mentioned that you were going to meet a friend for lunch?
L.W.: That's correct...
10.3. Listening task: Listen to Lady Wyatt being crossexamined, first by the Prosecution, and then by the Defence.
Answer the questions:
Prosecution's crossexamination
What did she say she had intended to do?
Why hadn't she done it?
Why didn't she spend more time looking
for an assistant?
Is she usually punctual?
How long had she been taking the pills?
Had she ever stolen anything?
Defence's crossexamination
How wealthy is she?
Does she need to work?
Is she a regular customer?
How much does she spend there a
year?
What would she have done if she
hadn't been caught?
Listen to the cross-examination one more time paying
attention to the strategies used by prosecution and
defence.
10.4. Now read through the reports and role-play crossexamination with these witnesses:
David Wilton's evidence
(report)
David Wilton said that he was an old
The store manager's
evidence (report)
The store manager said that he did
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friend of Lady Wyatt and that he had
been the Wyatts family's accountant for
14 years. He had arranged to meet Lady
Wyatt for lunch at 12 o'clock to discuss
some family business. He said that he
had not noticed anything unusual about
her behaviour except that twice during
lunch she had taken a pill. He added
that he did not know what the pill was
and had not asked. He stated that he was
astonished that anyone could think that
Lady Wyatt might steal as she was a
very wealthy woman who could afford
to buy anything she wanted.
The doctor's evidence
(report)
Soames, the Wyatt's family
doctor,
stated that he had been
prescribing pills for Lady
Wyatt for some time. She had
been suffering from regular
bouts of depression. He said
that a side-effect of the pill
could cause erratic or unusual
behaviour though he knew of
no case where moral judgement
had been affected.
not know Lady Wyatt as a regular
customer because he had only been
in his present position for two
weeks. He said that the store lost
hundreds of pounds worth of goods
every week which was why he had
appointed a store detective in
whom he had the greatest
confidence. He added that it was
not only the poorer members of the
community who resorted to shoplifting.
The shop assistant's evidence
(report)
The shop assistant said that she had worked at
Hall's for seven years and
knew Lady Wyatt as a regular customer. On
Wednesday morning Lady Wyatt
had bought a belt and handbag and had paid by
cheque. She said that Lady
Wyatt had behaved quite normally. She
said that she hadn't seen Lady Wyatt
trying on the scarf as the scarf counter
was on the opposite side of the store.
She added that there had been two
assistants on duty that morning and that
neither of them had left the department.
ADDITIONAL ACTIVITIES
Quotations
11. Comment on the following quotations. Choose one and
write an argumentative essay proving your point of view.
1. Society prepares the crime; the criminal commits it.
2. Every unpunished murder takes away something from the security of every
man's life.
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3. Many commit the same crime with different result. One bears a cross for his
crime, another - a crown.
4. One witness is of more weight than ten hearsays.
5. He who decides a case without hearing the other side, though he decides
justly, cannot be considered just.
6. It's better to risk saving a guilty person than to condemn an innocent one.
IDIOMS
12. Match the idioms with their meanings and find Russian
equivalent. Use them in sentences of your own:
1. A bit of a dark horse
a. To make a mistake
2. A wild-goose chase
b. To have no money at ail
3. Bark up the wrong tree
c. То avoid saying what one means
4. Be broke
directly
5. Beat about/around the
d. In prison
bush
e. Covered with bruises
6. Behind the bars
f. To be caught while committing a crime
7. Black and blue all over
g. To take/get revenge h. Deliberately
8. Catch smb red-handed
i. To take a bold step immediately
9. Get one's own back
j. To have a narrow escape
10. Give and take
k. A hopeless search
11. Grease smb's palm
1. To reveal one's character
12. Have a close shave
m. Compromise
13. In cold blood
n. To guard smth
14. Keep an eye on smth
o. To meet secretly
15. Make one's getaway
p. With hidden abilities
16. Meet behind closed doors
q. The details of an activity
17. Shed light upon
r. To give some information about
18. Show one's true colours
s. To escape
19. Take the bull by the horns
t. To bribe smb
20. The ins and outs
13.1. CRIME DOESN’T PAY. Work in pairs. Read the
comments below & then discuss how far you agree with it.
Explain why.
“Crime doesn’t pay because you always get caught in the
end”.
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3.2. Read the newspaper articles below & discuss them with
your
partner.
Then try
to work
out the
meaning f
the multiword
verbs in
italics.
13.3. a)
Match the
multiword
verbs in A
with the
definitions in B.
A
1 to give oneself up (to
someone)
2 to own up (to doing
something)
3 to take someone
aback
4 to let someone off
(with
something)
5 to set something up
6 to carry something
out
7 to go off
8 to seal something off
9 to break down
10 to break out
B
a. to prevent people getting in or out of an area or building
by closing all the entrances
b. to surprise or shock someone with something contrary
to expectation
с to explode, detonate, or ignite, to make a sudden loud
noise
d. to begin suddenly, usually in an unpleasant and violent
way
e. to admit or confess to a crime or to doing something
wrong
f. to fail, cease or collapse because of a problem or
disagreement
g. to establish something, to make the arrangements and
preparation for something to start
h to punish someone lightly or not at all (informal)
i. to allow oneself to be arrested or captured
j. to perform or conduct something
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b) Listen to the sentences on the tape. Rephrase them using
the phrasal verbs
13.4. Read the newspaper extracts below & substitute,
where appropriate, the multi-word verbs form this unit
Collocations
13.5. Which of the words can be used with the multi-word
verbs? Up to three items may be correct
1.The
judge let
him off
with
2. They
have set
up
3 They
have
carried
out
a. warning
b. a suspended
sentence
c. the death penalty
d. a two-year prison
a. a business
b. a birthday party
c. an inquiry
d. a research term
a. an experiment.
b. a committee,
с an inquiry,
d. a test.
4 a. The alarm clock
b. The fireworks
с The gun
d. The telephone
went off
5 a. A new film
has broken out
b. A flu epidemic
с A fire
d. An argument
6 a. Peace talks
have broken down
b. The holidays
с Negotiations
d. Community relations
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13.6 Work with a partner. Discuss the following questions,
using the multi-word verbs below.
let off give oneself up own up to break down break out go off take aback
1 What time does your alarm clock start ringing in the morning?
2 Your friend has been involved in a petty crime. It is probable the police will
catch him. What would you advise him to do?
3 If you discovered something surprising or shocking about someone you have
known for a long time, what would your reaction be? Give an example.
4 What can cause riots to start suddenly?
5 Which of the following people would you punish lightly or not at all?
a. a poor woman caught stealing food from a supermarket
b. someone caught stealing small items from work с a student travelling on a bus
without a ticket
d. a 13-year-old boy caught breaking into a parked car
6 Can you think of examples of people who have been punished lightly for crimes
they committed? If so, what were they?
13.7. Idiomatic expressions
Work with a partner. Look at the expressions in
italics and discuss what they mean. How would
you express the same idea in your own language?
a. I caught him red-handed. When I entered the room I saw him
taking the money from my purse.
b. He had kept to the straight and narrow all his life, so we were
taken aback when we heard he had committed a serious crime.
c. It was a case of poetic justice. While the burglar was away on holiday someone
broke into his house and stole everything.
d. The judge's responsibility is to ensure that a suitable punishment is given. In
other words, the punishment should fit the crime.
e. When the man was found not guilty of killing the children, the local people took
the law into their own hands. They set fire to his house and forced him to leave the
area.
13.8. Work in small groups. Discuss the questions below.
1. A man tries to steal some money from your bag. You catch him red-handed.
What do you do?
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2. How important is it that people in public life, such as politicians, keep to the
straight and narrow in their private lives?
3. What is your reaction when you hear about a case of poetic justice?
4. Why is it so important that the punishment should fit the crime? What is the
result if it doesn't?
5. When, if ever, is it right to take the law into your own hands?
How multi-word verbs work
What is the general meaning of the particle off when used
with the verbs below?
a.
b.
c.
d.
e.
They let off some fireworks to celebrate.
Price increases sparked off violent protests.
The bomb went off without warning.
The assassination triggered off a civil war.
The bomb was set off by remote control from a safe distance.
**What is the difference between to set up an investigation,
and to carry out an investigation?
JOKE: A set of traffic lights has been stolen from a road junction in Hampstead. A
police spokesman said, 'Some thieves will stop at nothing.'
13.9. Work in pairs. Try to think of as many reasons as
possible why the woman should be found guilty or not guilty
of murder. Decide what you think the result of the trial
should be. Then discuss your ideas with the rest of the
group.
A woman is to appear in court charged with murdering a man who had killed
her husband and baby daughter in a drink-driving accident. The man had been
allowed to go free, with a five-year driving ban and a fine of £250. The woman,
shocked by the light punishment, went to the man's house and, after an argument,
shot him dead. She then went to the police and admitted killing him.
13.10. Cover the following points in the article, and use the
multi-word verbs and expressions from the box below
A riot was caused by a controversial judgement, in which an apparently guilty man
was allowed to go free. Write a newspaper article with the following headline:
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COURT CASE SPARKS OFF CITY RIOT
- the result of the court case
- why people were angry
- the shocked reaction of the
authorities
- the sudden start of the riot
-
how police tried to contain the riot
the collapse of law and order
cases of violence and looting
the sounds of guns firing
the need for an investigation into the riot
let off break down carry out break out take aback go off seal off set up
the punishment should fit the crime to take the law into one's own hands
to catch someone red-handed
14. Listening comprehension story “Missing Madonna”
Listening comprehension story “Missing Madonna”: дидактические материалы
[Текст] / А.Н. Войткова – Иркутск, 2012. – 24 с.
Section 2 Business law
PART 2 Business ethics
The social responsibility of business
Discussion point: Which of the views expressed in the
illustration do you agree with?
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* “caveat emptor” – Latin, means “let the buyer beware”
Task 1. Four of the views expressed above are referred to
in the following text. Which are they?
Text 1. PROFITS AND SOCIAL RESPONSIBILITY
In the 1920s, many large American corporations began, on a wide scale, to
establish pension funds, employee stock ownership, life insurance schemes,
unemployment compensation funds, limitations on working hours, and high wages.
They built houses, churches, schools and libraries, provided medical and legal
services, and gave money to charities. Since this is fairly surprising behaviour for
business corporations, there must be a good explanation.
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In The Generous Corporation, Neil J. Mitchell argues that the reason for many
of these actions, most of which clearly did not bring immediate cash benefits, was
that large corporations had a legitimacy problem. The existence of large corporations
showed the classical economic theory of perfect competition to be inadequate.
Consequently large corporations introduced 'welfare capitalism' as a way of creating
favourable public opinion. Rational capitalists, starting with Henry Ford, also
realized that a better paid work force would be more loyal, and would be able to buy
more goods and services, and that a better educated work force would be a more
efficient one. Of course, pure free market theorists disapprove of welfare capitalism,
and all actions inspired by 'social responsibility' rather than the attempt to maximize
profits. Since the benefits of such initiatives are not confined to those who bear the
costs, Milton Friedman has criticized them for being unbusinesslike, and for
threatening the survival not only of individual corporations but also the general
vitality of capitalism. In a newspaper article titled 'The social responsibility of
business is to increase its profits', he argued that:
In a free enterprise, private-property system, a corporate executive is an
employee of the owners of the business. He has direct responsibility to his employers.
That responsibility is to conduct the business in accordance with their desires, which
generally will be to make as much money as possible, while of course conforming to
the basic rules of the society, both those embodied in law and those embodied in
ethical custom.
Thus executives should not make expenditures on reducing pollution beyond
the amount that is required by law or that is in the best interest of the firm. Nor
should they deliberately hire less-qualified, long-term unemployed workers, or
workers from ethnic minorities suffering from discrimination. To do so is to be
guilty of spending the stockholders' (or the customers' or the employees') money.
Friedman does not consider the possibility that stockholders might prefer to receive
lower dividends but live in a society with less pollution or less unemployment and
fewer social problems.
An alternative view to the stockholder model exemplified by Friedman's
article is the stakeholder model, outlined, for example, in John Kenneth Galbraith's
book, The New Industrial State. According to this approach, business managers have
responsibilities to all the groups of people with a stake in or an interest in or a claim
on the firm. These will include suppliers, customers, employees, and the local
community, as well as the stockholders. A firm which is managed for the benefit of
all its stakeholders, will not, for example, pollute the area around its factories, or
close down a factory employing several hundred people in a small town with no
other significant employers, and relocate production elsewhere in order to make
small financial savings. Proponents of the stakeholder approach suggest that
suppliers, customers, employees, and members of the local community should be
strongly represented on a company's board of directors.
Task 2. Write questions, relating to the text, to which these
could be the answers.
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1. According to Mitchell, in order to generate favourable public opinion.
2. So that the workers will probably be more loyal to the company, and will have
more money to spend on products made by the firm and others.
3. Because he believes such behaviour to be unbusinesslike, and therefore
dangerous for the company, and for capitalism in general.
4. According to Friedman, generally to receive as big a dividend as possible.
5. According to Friedman, only the country's laws and ethical customs.
6. Less pollution, or lower unemployment, for example.
7. Anyone who has a claim on or an interest in a firm, such as suppliers, customers
and employees.
Task 3. Find words or expressions in the text which mean the
following.
1. institutions or organizations that provide help for people in need
2. acceptability, according to law or public opinion
3. the situation when there are a large number of sellers and buyers, freedom to
enter and leave markets, a complete flow of information, and so on
4. a condition of general well-being (and government spending designed to
achieve this)
5. menacing, endangering
6. liveliness, health, energy, strength
7. an economic system in which anyone can attempt to raise capital, form a
business, and offer goods or services
8. complying with or following (rules, etc.)
9. expressed, given a material form
10.10 supporters, people who argue in favour of something
Task 4.Milton Friedman, while dismissing the notion of 'social
responsibility', still argues that a business must conform to
the basic rules of society. In your opinion, do the following
activities, several of which are not illegal, conform to the
basic rules of society, or not?
1. Bribing corrupt foreign officials in order to win foreign orders, on the grounds
that where bribery is a way of life, you have no alternative if you want to win a
contract.
2. Industrial espionage - spying on competitors' R&D departments with concealed
cameras and microphones, bribing their employees, etc. - rather than doing
your own expensive research and development.
3. Selling supposedly durable goods with 'built-in obsolescence', i.e. which you
know will not last more than a few years.
4. Spending money on lobbying, i.e. trying to persuade politicians to pass laws
favourable to your particular industry.
5. Telling only half the truth in advertisements, or exaggerating a great deal, or
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keeping quiet about the bad aspects of a product.
6. Undertaking profit smoothing', i.e. using all the techniques of creative
accounting' to hide big variations in profit figures from year to year, and
threatening to replace the auditors if they object.
7. 'Whistle blowing', i.e. revealing confidential information to the police or to a
newspaper, e.g. that a company is breaking health and safety regulations and
therefore putting people's lives in danger, or illegally selling arms to foreign
dictators.
Part 2: Ethics at Work
CRITICAL CHOICES
Task 1.Have you, or anyone you know, ever bought a food
product which had glass or stones in it? What did you do
about it? Did you complain to the shop or the manufacturer?
Task 2. Read the text below and find the words and
expressions which mean the same as:
1 damage / poison
2 interfering deliberately with a product
3 imitating something someone else has done
4 take back / remove
5 being talked about in newspapers or on TV
One of the problems that companies sometimes have to deal with is how to
handle negative publicity when things go wrong. For example, it may
accidentally contaminate its own products during the manufacturing process, in
such cases they usually have to recall their products and make sure they are
withdrawn from supermarket shelves. However, a product may also be the
victim of: product tampering. This is where members of the public damage it in
some way and then make false claims. This may be in an attempt to blackmail the
brand or store into
paying them money to keep quiet, or simply to gain media attention. A sad
fact is that when such accusations are reported, they often provoke a wave of
copycat behaviour.
Task 3. Now read the first paragraph of the text and make
questions for these answers.
1. For its baby food.
6. More than 200.
2. Glass was found in jars of Gerber 7. Tiny.
juice.
8. Because it seemed unjustified.
3. By recalling half a million bottles. 9. They decided to keep quiet about it.
4. Sales dropped by 4%.
10. They were criticized in the media.
5. In 1986.
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Gerber is one of the best known brands of baby food products in the United
States. So when, in 1984, pieces of glass were discovered in its fruit juice, it
immediately recalled 550,000 jars. However, the negative publicity saw sales of
Gerber products fall by 4%. So. when in 19S6, there were over 200 complaints
concerning glass in its baby food, Gerber management decided to try and keep
everything as quiet as possible. An inspection of 36,000 jars showed that even the
largest pieces of glass were so small that they were practically invisible. As the
glass appeared harmless, a recall seem unnecessary and unjustified. Many
believed that the glass had not been the fault of production but had been
deliberately put in the food by publicity seekers or people after money. Maybe
if Gerber's reputation hadn't been damaged by the juice incident, they would
have issued a product recall. But this time they made the mistake of trying to
keep quiet and released a storm of media criticism.
Legally Gerber had acted in good faith and saw itself as the victim. They could
point to their quality manufacturing process and high standards. If a flaw had
been found in their process, they would have immediately corrected it. Ethically
the situation was more complicated. Babies are innocent and helpless and Gerber
had built its reputation on providing them with the safest and highest quality
products. Gerber should have been seen to do everything in its power to prevent
the mouths of babies being cut. At the very least the company should have
responded publicly with their side of the story. If Gerber had handled the media
better, it would have avoided much of the negative publicity.
By contrast, Pepsi provides an excellent example in how to deal with a product
tampering crisis. In 1993 syringes were reported in its products and the
company acted swiftly. Cameras went into its plant and filmed its highspeed,
high-tech canning process, which is specifically designed to prevent
contamination. This was then shown to an estimated audience of 187 million
people. A second release dealt with the arrest of someone in connection with the
tampering. A third actually showed a woman filmed as she put a syringe into an
opened can of the soft drink. It talked about copycat behaviour being
responsible. Pepsi rounded off its campaign with a national TV and print
advertisement, which thanked consumers and gave them the message that they
could drink as much Pepsi as they wanted.
Task 4.Read the second paragraph and complete the table.
what the media and the public
what Gerber thought
thought
We are the victims
……………. are the victims.
We behaved legally.
Gerber behaved …………
No public declaration or explanation
Gerber should have …………..
was necessary.
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Task 5.Read how Pepsi dealt with its own product
tampering case, in the third paragraph.
1. How successful was its policy of openness?
2. What four steps did it take to reassure the public and neutralize any bad
publicity?
3. What do you think was the specific aim of each of the four steps?
4. How do you think the public felt about Pepsi by the end?
5. Pepsi used the media successfully to reassure the public. How could Gerber
have done the same thing?
Part 3. Discrimination
Task 1.Discuss these questions.
1 Employment discrimination can be based on age, gender and race - are there other
categories you can think of?
2 Are women and men employed as equals in your country, in terms of pay and
conditions?
Task 2.Read the text below about an important case about
discrimination against women in the workplace and answer
these questions:
1 What is the case about?
2 Where is the case being heard?
3 Who brought the appeal - the ADA or Ms Kolstad?
4 What types of discrimination are mentioned in the text?
5 Why did Ms Kolstad sue the ADA?
6 Was there any dispute about the facts of the discrimination against Ms Kolstad?
7 What was the lower Appeals Court's decision?
8 Which organisation is mentioned that supports the ADA?
9 If the Supreme Court decides in favour of Ms Kolstad, how much may she
receive in damages?
Task 3.Choose the best explanation for each of these
words or phrases from the text.
1 knock-on effect
a) driving without care
a) blow to the body
b) heartless and cruel
b) wider consequences
c) not caring about the consequences
c) entry requirement
2 malice
4 upholds
a) friendliness
a) reverses
b) with bad or cruel intention
b) agrees with and supports
c) unintentional
c) sets a standard
3 reckless indifference
5 brief
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a) short letter
b) legal document
c) kind of case
6 caps
a) sets an upper limit
b) interferes
c) is the head
Text 1. Court to hear key case on discrimination
By Patti Waldmeir in Washington
The US Supreme Court today hears a case which could have a big impact on
the size of damages paid by US employers in employment discrimination lawsuits.
The court agreed to hear the case, Carole Kolstad vs the American Dental Association
(ADA), to clarify what kind of employer conduct will give rise to punitive damages damages awarded to punish and deter an offender - in lawsuits involving sex
discrimination. However, law employment experts said that the suit was also likely to
have a knock-on effect on race, age and other employment discrimination suits brought
under Title VII of the 1991 Civil Rights Act.
The case involves a female lawyer employed as a lobbyist for the ADA, a
professional trade association. A jury found that Ms Kolstad was denied promotion
because of intentional sex discrimination. The issue before the court is not whether
this is so, but whether such discrimination must be 'egregious’ before punitive
damages are awarded.
Title VII permits such damages where there was 'malice or... reckless
indifference to the federally protected rights of an individual'.
But in Ms Kolstad's case an Appeals Court found that the ADA's conduct was
neither 'egregious' nor 'truly outrageous' enough to merit punitive damages. At the
moment there is confusion over the standard of conduct necessary to attract punitive
damages, with the various circuit courts applying differing standards to define
'reckless indifference'. If the Supreme Court upholds the Appeals Court's decision in
Kolstad - that the conduct did not meet this standard of 'egregious' - this would set a
new standard nationwide that could limit the size of both jury awards and pre-trial
settlements.
'Our concern is that punitive damages would become the norm'
Conversely, if Ms Kolstad wins, jury awards and settlements could shoot up.
Her lawyers argue in their brief that 'egregious' is too high a standard, and that
employees need only show that their employers knew or should have known their
conduct was probably unlawful in order to have claims for punitive damages put
before a jury.
'If adopted, this standard would subject employers to punitive damages virtually
every time an employee engages in intentional discrimination against another,' the
US Chamber of Commerce argues in a brief filed to support the ADA. 'Our concern
is that punitive damages would become the norm, not the exception, whereas the law
clearly intends them to be the exception,' says Stephen Bokat of the National
Chamber Litigation Center, which has also backed the ADA.
According to Jury Verdict Research, which tracks jury awards, 40% of
verdicts in gender discrimination cases in the last six years have included punitive
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damages. The law caps damages at $50,000-$300,000 per plaintiff, depending on the
size of the employer.
A lower court jury awarded Ms Kolstad back pay after a male employee in the
same office was, according to her lawyer's brief, 'preselected' for a promotion for
which he was less qualified than she was.
FINANCIAL TIMES
World business newspaper.
Legal brief
Discrimination is unfair treatment or denial of normal privileges to people because
of their race, age, sex, nationality or religion. In this case, the US appeal judges
were asked to decide if the unfair treatment had been so bad as to warrant an
extremely stiff penalty (punitive damages), which should deter others from similar
behaviour. Note that each US state administers its own justice system but the system
of appeal is from trial court to Appeals Court and then the Supreme Court, which is
the highest appeal court in the US.
Task 4.Use an appropriate word or phrase from the box to
complete each sentence.
limit punitive damages egregious circuit judge Act settlement jury
lawsuit brief cap appeal federal rights
1. The amount of money awarded to a victim has a …………………
2. The courts are in session at different times during the year in different places, so
that the …………. can work in a variety of places.
3. When Parliament votes to pass a Bill it becomes an ………………..
4. There is no ………………… on the liability of owners in a private partnership.
5. Many people think there should be a specialist ……………….. for complex
fraud cases.
6. ....................................................... American citizens should study their
……………………. so that they know what laws protect them from abuse.
7. Damages set very high in order to deter others are called ……………………….
8. A special term for very bad behaviour in the US is …………………….
behaviour.
9. Every court decision may be sent for ………………if circumstances justify it.
10.An out-of-court ……………………….. is desirable if possible.
11.Anyone can bring a ………………………. against someone else if they feel they
have suffered a wrong that cannot be settled easily.
12. A barrister cannot work in a court without a …………………….. from a
solicitor.
Task 5.Complete these sentences with a preposition from
the box.
up under against on to at
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1. If she wins this case, awards and settlements could shoot ……….
2. The suits are brought ………………… Title VII of the 1991 Civil Rights Act.
3. There may be a knock-…………….. effect: other types of discrimination suits will
be affected.
4. The decision will have a major impact …………. employers nation-wide.
5. Some companies maybe subject …………… enormous claims.
6. The law caps damages ……………… a certain sum of money, depending …………..
the size of the company.
7. According …………….. the researchers, juries often award punitive damages in
cases where there has been discrimination ……………….. women in the workplace.
8. What kind of conduct could give rise ……………….. punitive damages?
Task 6.Use an appropriate word or phrase from the box to
complete each sentence.
However on the other hand if Whereas should conversely might
1. The court could decide to award punitive damages for any justified complaint
………… if that happened, companies would soon go bankrupt.
2. On the one hand, the lower court may decide in favour of the plaintiff; ……………..
the appeal court may decide differently.
3. The verdict may be to limit all types of damages ………………….. the verdict may
be to award the maximum possible to deter others.
4. ………………. they had not complained about the award, there would not have
been an appeal.
5. A successful outcome for the company involved would be a limitation on the
damages, …………….. a worst-case scenario would be that they have to pay
punitive damages.
6. …………………… the worst come to the worst, the ADA ……………..find
themselves paying Ms Kolstad punitive damages - and others too, if they file suit!
Task 7.Research some advertisements on TV or in magazines.
Can you find any which use thought-provoking or socially
challenging images? List the kinds of discrimination the
advertisements try to make the public aware of.
Part 4. Brand names
Task 1.Discuss these questions.
1 'A rose by any other name would smell as sweet,' wrote William Shakespeare. Do
you agree? How important and valuable are brand names?
2 In your country, are there many international brands? Do you know where the brands
originate?
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Task 2.Read the text on the opposite page about a dispute
between two international companies with very similar brand
names and answer these questions.
1 What characteristics of a trademark must be taken into account in this dispute?
2 Which treaty does the case refer to?
3 What products are made by the two companies in the text?
4 Why did Canon oppose the German registration of Cannon?
5 Which company used the trademark first - the Japanese company (Canon) or the US
one (MGM)?
6 Which two main questions did the court consider?
7 What is the essential function of a trademark?
8 What confusion must the public be protected against?
9 What kind of competition does the Treaty aim to establish?
10 Was MGM allowed to register its trademark Cannon in Germany? Who won the
case?
Task 3.Answer these questions.
1 Why is reputation important for trademarks?
2 Why does the earlier trademark have a stronger claim than the later one?
3 What is included in the concept of confusion on the part of the public?
4 Why does the case law mention the distinctive nature of the trademark?
5 What exactly does a single undertaking refer to?
6 Is it true that trademarks which are very distinctive have greater protection under the
law than unmemorable or vague ones?
7 Does undistorted competition mean the same as unfair competition?
8 How does a trademark enable a consumer to distinguish between similar products or
services?
Text 1. Can 'Cannon' be confused with 'Canon'?
Canon Kabusmki Kaisha vs Metro-Goldwyn-Meyer Inc
Case C-39/97
Before the Court of Justice of the European Communities in Luxembourg
[Judgment 29 September 1998]
The distinctive character of a trademark, in particular its reputation, had to be
taken into account in determining whether there was sufficient similarity between the
goods and services covered by that and another proposed mark to give rise to the
likelihood of confusion.
The Court of Justice of the European Communities so held, inter alia, on a
reference by the German Federal Court of Justice for a preliminary ruling under
Article 177 of the EC Treaty re: Article 4(l)b of the Directive of 21 December 1988
relating to trademarks.
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MGM applied in Germany for registration of the word trademark 'Cannon' to
be used for video film cassettes and film production distribution and projection for
cinemas and television.
Canon Kabushiki Kaisha opposed the application on the ground that it
infringed its earlier world trademark 'Canon' registered in Germany in respect of,
inter alia, still and motion picture cameras, and projectors, and television filming,
recording, transmission, receiving and reproduction devices, including tape and disc
devices.
In the course of the proceedings, it was held, inter alia, that the mark 'Canon'
had a reputation, but no importance was to be attached to that fact in deciding
whether the marks were relevantly similar.
Article 4(1) of Directive 89/104 provides: 'A trademark shall not be registered
or, if registered, shall be liable to be declared invalid, if because of its identity with
or similarity to, the earlier trademark and the identity or similarity of the goods or
services covered by the trademarks, there exists a likelihood of confusion on the part
of the public, which includes the likelihood of association with the earlier trademark.'
In its judgment the Court of Justice held:
The first question was whether the distinctive character of the earlier mark,
and in particular its reputation, were to be taken into account in determining the issue
of similarity.
Furthermore, according to the case law of the Court, the more distinctive the
earlier mark, the greater the risk of confusion: since protection of a trademark
depended, in accordance with Article 4(l)b of the Directive, on there being a
likelihood of confusion; marks with a highly distinctive character, either per se or
because of the reputation they possessed on the market, enjoyed broader protection
than marks with a less distinctive character.
It followed that, for the purposes of Article 4(l)b, registration of a trademark
might have to be refused, despite a lesser degree of similarity between the goods and
services covered, where the marks were very similar and the earlier mark, in
particular its reputation, was highly distinctive.
The second question was whether there could be a likelihood of confusion
within the meaning of Article 4(l)b where the public perception was that the goods
or services had different places of origin. There was such likelihood of confusion
where the public could be mistaken as to the origin of the goods or services.
The essential function of the trademark was to guarantee the identity of the
origin of the marked product to the consumer or end user by enabling him, without
any possibility of confusion, to distinguish the product or service from others which
had another origin.
For the trademark to be able to fulfill its essential role in the system of
undistorted competition which the Treaty sought to establish, it had to offer a
guarantee that all the goods or services bearing it had originated under the control of
a single undertaking which was responsible for their quality.
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Accordingly, the risk that the public might believe that the goods or services
in question came from the same undertaking or economically linked undertakings
constituted a likelihood of confusion within the meaning of Article 4(l)b.
Consequently, in order to demonstrate that there was no likelihood of
confusion, it was not sufficient to show simply that there was no likelihood of the
public being confused as to the place of production of the goods or services.
On those grounds the Court of Justice ruled:
There could be likelihood of confusion within the meaning of Article 4(l)b
even where the public perception was that the goods or services had different places
of production. By contrast, there could be no such likelihood where it did not appear
that the public could believe that goods or services came from the same undertaking
or from economically linked undertakings.
From The Times: law Report
1 Inter alia - among other things (Latin)
2 Per se - in itself (Latin)
Legal brief
In this case, the European Court of Justice ruled that the public could easily mistake
Canon and Cannon as being the same company selling the same products and, therefore,
did not allow Cannon to be registered as a legal brand name in Europe. Canon was the
winner for having established its name and brand already in the market. In English law,
where a trademark, label, logo or design is used to intentionally confuse the public into
thinking that the product belongs to a well-known brand the crime is called 'passing
off'.
Task 4. Use an appropriate word or phrase from the box to
complete each sentence.
passing off
impersonate
copy
lead (someone) to think
1 ……………….. is a crime. It involves making a new product look like a wellestablished one.
2 The judge asked the prisoner what ……………………. he deserved a lesser
punishment.
3 The picture I have on my wall is only a ………………of a Corot – I wish it were the
real thing!
4 The dictator hired several men to ……………..him at official functions to confuse
his enemies.
Task 5.Use an appropriate word or phrase from the box to
complete each sentence.
on the grounds it was held according to case law for the purpose
of proper construction within the meaning of
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1. The case was dismissed …………………. of inadmissible evidence.
2. There are several views but ………………….it must be seen that an infringement
occurred.
3. The High Court reported that, …………….. the Article, there was no likelihood of
confusion.
4. On a ……………… of Article 4(c) of the Directive, the distinctive nature of the
trademark hadto be demonstrated.
5. ………………. that only within a rather restricted understanding could there be
confusion.
6. More evidence was needed …………………….. clarifying exactly what happened.
Task 6.Complete these sentences with an appropriate
preposition.
1. A similar trademark could give rise ………. the likelihood …………….. confusion.
2. The name was registered ……….. respect ………………, cameras and films.
3. The law depends ………….. the interpretation ……………certain Articles.
4. Canon was originally registered ……………… Germany …………… a Japanese
company.
5. A trademark may be invalid because of its identification …………….. or similarity
………… an earlier trademark.
6. The Federal Court …………. Justice …………. Germany asked …………………. a
preliminary ruling ……………. Article 177 of the EC Treaty.
7. …………. the meaning of the same Article, there was the second question relating
…………. the place ………………… origin.
8. The trademark should clearly guarantee that goods bearing it had originated
…………….. the control ……………….. a single company.
Task 7:
1 Have you ever bought something which you thought was a
branded item, or a famous make, only to discover it was a
fake? What did you do? Does having the 'real' thing matter?
2 Write a letter to your local Consumers' Association
complaining that in your local market there are numerous
watches on sale that seem to be a famous brand but turn out
to be fakes.
Part 5: Reputations
A Cambridge University cyber-squatter lost his battie with novelist Jeanette
Winterson after it was ruled he had acted in 'bad faith'. Mark Hogarth had
registered more than 130 novelists' domain names. He intended to sell the domain
names back to the authors for a big profit. When Ms Winterson complained to the
World intellectual Property Association they upheld her complaint.
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The Telegraph
Task 1.Down through the ages, people have fought to preserve
their names. Read this modern-day case of the misuse of
people's names on the Internet.
- What do you understand by the term cyber-squatter?
- How far do you agree with the court's decision?
- How would you act to prevent somebody using your name?
Task 2. Champagne growers prevent other sparkling wine
manufacturers who use the champagne method from calling
their product champagne. Can you think of any other
products which have trademarked the name of the region
where the product is originally produced?
Task 3.Some products are so dominant that their names have
entered the English language as a generic term. For
example, Hoover is a brand of vacuum cleaner, and the verb
to hoover has come to mean to clean with a vacuum cleaner.
- Can you think of any such terms in your own language?
- Can you see any reasons why manufacturers might object to this use of their
name?
Text 1. SEE YOU IN COURT
Task 5.Match the words and expressions in italics in a-h in the
sentences below to definitions 1-8.
1 lack of proper care or attention
2 the person / people accused in a legal case .....
3 making a legal claim against someone for causing harm in some way
4 the person / people bringing a court action against someone in a law court
5 unfairly invading someone's legal rights to do something
6 ideas or designs that have been created or invented by somebody
7 to state or claim something that has not yet been proved
8 when someone breaks the conditions of an agreement
- Hospitals are so afraid of dissatisfied patients and their families asuing them for
b
negligence that they have to take out insurance.
- They've copied our logo. We should take them to court for cinfringing our
trademark.
- They broke the terms of our agreement and are now dinbreach of contract.
- The eclaimants both fallege that the gdefendants acted in bad faith by hiding the true
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state of the company before the takeover.
- Publishers of digital software and music find it hard to protect their hintellectual
property.
Task 6.You are going to read about four court cases A-D. Read
the cases and decide in which case:
1 judges supported an earlier judgement
2 false suggestions were made in a newspaper.
3 a company was held responsible for the activities of its customers.
4 judges disagree with suggestions made by a organization which examines the law.
5 someone was accused of not carrying out their duties properly
6 the judgement may be harder to enforce in other countries
7 the judgement was welcomed by a top lawyer.
A: FIVE Court of Appeal judges yesterday turned down a Law Commission
recommendation that damages for some personal injury claims should be doubled.
They insisted that any increase should be limited to a maximum of 33%. The
decision was welcomed by the National Health Service and insurers. Philip Havers,
QC, for the NHS, which is not insured, said the service was under 'immense
pressures' over negligence claims.
Insurers had said that premiums for drivers and employers could rise by 30% if
awards rose by a third. The judges had been expected to endorse the
recommendation by the Law Commission, the Government's official law reform
body, which called for a 50-100% rise in payments to victims of work, road and
medical accidents.
But after hearing eight test cases the panel said that such rises would cause an
unbearable burden on insurance firms and - have 'a significant effect on the overstretched health service'. Tom Jones, a solicitor in one of the cases, said after the
ruling: 'What world are these judges living in? The Court of Appeal have sided with
the insurance industry that in 1998 made a trading profit of £] .2 billion. We are not
asking for crazy awards. We do not want the American system over here.'
B: DARYL HANNAH today accepted undisclosed libel damages over allegations
that she flew home to Los Angeles for her dog's birthday when she should have been
attending last-minute rehearsals for a play in London.
Her solicitor Simon Smith told a judge that the 'false and very embarrassing’
allegations appeared in an article in The Mirror last October.
The truth was, he said, that a month before the play's opening, Miss Hannah
travelled to Toronto with the play's director, Michael Radford, to promote a film in
which they had both been involved.
Anna Coppola, counsel for MGN Ltd, told the judge: 'Through me the defendant
offers its sincere apologies to the claimant for the distress and embarrassment
caused by this article. It entirely accepts that the allegations are false.'
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C: A BRITISH violin dealer has agreed to pay £3 million damages to the estate of a
millionaire which sued him for benefiting from the sale of one of the world's finest
collections of instruments.
Mr Biddulph agreed to the settlement after a few days of a hearing which had been
expected to last at least six weeks. Negotiations for a deal began before lawyers for
Mr Segelman's estate had finished outlining their case. His estate's most valuable
asset was his collection of about 50 violins worth millions of pounds.
Mr Biddulph was asked by the executors to store the collection and prepare
valuations. But Mr Segelman's solicitor and an executor of his will, became
unhappy about Mr Biddulph's conduct and sued him in the High Court 'for breach
of duty in acting as agent'. Mr Biddulph was accused of selling violins at below
market rates for the benefit of other dealers and of selling instruments for more than
reported to the executors and keeping the difference.
D: THE legal defeat for Napster, the music-sharing web-site, was predictably
welcomed by the music industry this week, but it remains unclear how 'music piracy'
on the Net will be stopped.
On Monday, a US Court of Appeal upheld a previous legal ruling that the website
should no longer be allowed to let users share music tracks for free. Anyone with a
computer and an Internet connection can access Napster and copy anything from
the endless list of songs.
The court also judged that Napster was liable for copyright infringement by its
users, leaving it open to be sued by record companies for billions of dollars.
Jonathan Cameron, head of media law at law firm Paisner, said: 'It is the right
decision. If you undermine intellectual property, you undermine the whole system,
be it revenue for record companies or a poor group of kids from a slum that want to
make it big.' He admitted, however, that it would be difficult to stop services that set
themselves up in countries where copyright law is less established.
Task 7.Summarize cases A-D by filling in the gaps.
A Judges in the court of appeal refused to accept the Law Commission's
recommendations because they believed that1 …………………..
However, one solicitor was deeply disappointed with the decision because 2
…………………
БVic Mirror newspaper wrongly claimed that Daryl Hannah had 3 ………….In fact
she had 4 …………………………
С Mr Segelman's solicitor sued Mr Biddulph because he had failed 5 …………… In
addition, Mr Biddulph was accused of having 6 ……………….
D The court's decision means that Napster won't be able 7 …………. However, the
ruling is unlikely to end the problem of 8 ……………….. According to one lawyer,
you need to respect intellectual property because 9 …………………
Task 8. Discuss the following questions in groups.
- Which of the cases do you think was the most surprising and the least necessary?
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- How far is it the role of the court to protect the interests of insurance companies?
- How far do you personally respect copyright and intellectual property?
Task 9.Read the quotation. Then discuss the questions.
- What effect do you think the large number of lawyers has on American society?
- Do we shape the law or does the law shape us?
“Does America really need 70 per cent of the world's lawyers? ... Is it healthy
for our economy to have 18 million lawsuits ... annually?"
Dan Quayle, former US vice-president
Part 6. Licences
Task 1.Discuss these questions.
1 How do international companies organise the production of their goods outside their
own markets? What alternatives do they have?
2 Have you ever bought a drink with a famous brand name, that you know has been
produced locally? How many brand items can you think of that are made under licence
in your country?
3 Apart from famous brands of clothing or drinks, what other kinds of business may be
performed under licence?
Task 2.Read the extract on the opposite page from a licence
agreement between two publishers and answer these
questions.
1 What kind of publication does this licence agreement permit the Publishers to
produce?
2 When does the agreement come into effect?
3 Can the Publishers make any changes to the original version?
4 What assurances do the Proprietors give that there will be no legal problems with
copyright?
5 If the licence is to be extended to other parties, what must be done?
6 Can the licence be renewed by only one party?
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7 What action must be taken if there is a dispute about the agreement?
8 In the worst case, what will happen if the parties cannot agree?
Task 3.Answer these questions.
1 Is there any reference to payment in the agreement? If so, which clause is it in?
2 What do they and it refer to?
3 What is meant by this warranty?
4 What are the rights and liabilities of the parties?
5 What does the same refer to?
6 What is an umpire, as referred to?
7 Is there any difference in the text in clause 8 between difference and dispute?
8 What two phrases are used to show that the 1996 Act may be changed in the future?
Text 1. MEMORANDUM OF AGREEMENT
made this ................... day of 20
Between ..... of.......... (hereinafter termed the
Publishers) of one part and .......... of
(hereinafter termed the Proprietors) of the other part
WHEREAS the Proprietors are the proprietors of a work
entitled: ...... (hereinafter termed the Work),
NOW IT IS HEREBY MUTUALLY AGREED AS FOLLOWS:
1. Subject to the terms detailed in this Agreement, the Proprietors hereby grant to
the Publishers the exclusive licence to produce and publish a single printing of
10,000 copies only of the Work in paperback form in the English language under
the Publishers' own imprint (hereinafter termed the Licensed Edition) for sale
throughout only. This restricted circulation is to be clearly indicated on the
outside of the cover and on the reverse of the title page of the Licensed Edition by
the following words: "Licensed for sale in only; not for export."
2. This agreement shall not come into effect until the Proprietors have received
the (advance) payment detailed in Clause 9 hereof.
3. The Publishers shall produce the Licensed Edition at their own expense. They
shall cause it to be reproduced faithfully and accurately and shall not abridge,
expand or otherwise alter the Work, including illustrations where applicable,
without the prior written consent of the Proprietors.
4. Should the Publishers fail to issue the Licensed Edition within 12 months from
the date of this Agreement all rights granted under this Agreement shall revert to
the Proprietors without prejudice to any monies paid or due to the Proprietors.
5. The Proprietors hereby warrant to the Publishers that they have the right and
power to make this Agreement and that according to English law the Work will in
no way whatever give rise to a violation of any existing copyright, or a breach of
any existing agreement and that nothing in the Work is liable to give rise to a civil
prosecution or to a civil action for damages or any other remedy and the
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Proprietors will indemnify the Publishers against any loss, injury or expense
arising out of any breach of this warranty.
6. The Licence hereby granted to the Publishers shall not be transferred in whole
or in part or extended to include any other party nor shall the Licensed Edition
appear under any imprint other than that of the Publishers, except with the prior
written consent of the Proprietors.
7. The Licence herein granted shall continue for a period of five years from the
date of first publication by the Publishers of the Licensed Edition and thereafter
may be subject to renewal by mutual agreement between the parties hereto.
8. If any difference shall arise between the Proprietors and the Publishers touching
the meaning of this Agreement or the rights and liabilities of the parties hereto,
the same shall be referred to the arbitration of two persons (one to be named by
each party) or their umpire, in accordance with the provisions of the Arbitration
Act 1996 or any subsisting statutory modification or re-enactment thereof,
provided that any dispute between the parties hereto not resolved by arbitration or
agreement shall be submitted to the jurisdiction of the English courts.
From Publishing Agreements, Butterworth
Legal brief
Copyright is a legal term used to show the rights of ownership of creative ideas,
originally for published literary works but later extended to include such things as music
and motion pictures. New legislation is now needed to deal with the increasing use of the
Internet and issues arising from abuses of intellectual property rights. In the EU,
copyright protection lasts for 70 years after the death of the copyright holder. There are
criminal penalties for infringement of copyright.
Task 4.Use an appropriate word or phrase from the text to
complete each sentence.
1. The agreement specified that the Proprietors were legally entitled to the ownership
of all rights in the book. They had the right ……………to make the agreement.
2. Bookbinders Inc (………………. the Publishers) and Jones and Company
(………………… the Proprietors) hereby mutually agree the following.
3. This agreement is for five years and shall ………………… after the agreed
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4.
5.
6.
7.
8.
payment has been made.
The rights granted in this agreement are ………………………… to the licence
holder.
No changes shall be made to this agreement without the …………………… of the
Proprietors.
If any difference shall arise between the Proprietors and the Publishers
………………… of this Agreement, the same shall be referred to arbitration.
……………… the satisfactory performance of the licence holder, this agreement
maybe renewed.
Should the licence holder fail to fulfil all the requirements of the agreement, all
rights shall …………………. the Proprietors.
Task 5.Replace the underlined items with words and phrases
from the text that have a similar meaning.
1 This agreement is issued by the owners of the rights. Proprietors
2 The terms are described in this agreement.
3 Publishing this book will certainly not cause any legal difficulties for either party.
4 The Proprietors will protect the licence holder against any expense.
5 The agreement may not be altered to involve any other person.
Task 6: Think about the licensed goods available in your
country. Examine any examples you can find and list the
physical signs you can identify (on labels, or on packaging,
inside or out) that a licence has been used, or perhaps not
used, legally. Then write a brief report.
Part 7. Competition
Task 1.Discuss these questions.
1 Does your country have a national airline? Does it have special privileges, like a
subsidy or special airport facilities?
2 Do you travel by air frequently? What was the reason for your latest flight? Could you
choose between several different airlines for the same trip?
3 Should all airlines be allowed to compete on fare prices, as other industries do?
4 Do you agree with free trade and competition, or is there a good reason to regulate
some markets?
Task 2.Mark these statements T (true) or F (false)
according to the information in the text on the opposite
page. Find the part of the text that gives the correct
information.
1 The European Commission is in Brussels. T
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2 An alliance is the same as a merger.
3 Washington and Brussels are holding discussions at the moment on an open skies
policy.
4 Open skies policy means any airline can fly anywhere.
5 BA and American Airlines agree how much the fares should be on each other's
flights.
Task 3.Answer these questions.
a. Which organisation is taking eight European countries to court?
b. Find the exact words that say what aspect of the law has been broken.
c. Why does the EU object to agreements between an individual European country and the
US?
d. What does BA hope to do with American Airlines?
e. What does the Competition Commissioner do in the European Commission?
f. When does BA intend to conclude a code-sharing deal with American Airlines?
Text 1. Brussels files suit over bilateral aviation deals
By Michael Smith in Brussels
The European Commission is taking eight European countries to the European
Court of Justice over their bilateral aviation deals with the US. The EU's executive
said yesterday that the deals distorted the EU air market to the detriment of European
carriers.
Disclosure of the move coincided with confirmation by British Airways (BA)
that it was scaling back plans for a full alliance with American Airlines because of
regulatory difficulties. BA is also pressing the British government to reach an
agreement with the US for a gradual liberalisation of the US air market. Talks
between Brussels and Washington on a full open skies policy broke down last month.
The European Commission's decision to file suit against the UK, Austria,
Belgium, Denmark, Finland, Germany, Luxembourg and Sweden follows a long
campaign to win the approval of EU member states for seeking an EU- wide deal with
the US. 'There need be no roll-back,' the Commission said. 'These individual
agreements can be written into a wider deal.'
The European Transport Commissioner said member states created serious
competition distortions by unilaterally granting US carriers rights while ensuring
exclusivity for their own carriers. EU rules were rendered ineffective by the deals, he
said. The Commission warned member states four years ago that bilateral deals with
the US would be illegal and would jeopardise the creation of an EU-wide deal with
Washington.
Most of the bilateral agreements have been signed since then. However, the
Commission held off taking legal action after winning approval from member states
for starting 'open sky' talks. It re-activated legal proceedings after EU countries last
spring rejected its request for widening the scope of the talks to include market
access and traffic rights - the rights to fly to and inside another country's territory and will not negotiate a deal unless the terms are widened.
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In London, BA said it was still committed to getting a full deal with American
Airlines in the long run. 'We want an alliance with American because the customer
now thinks and travels globally,' it said. 'But the terms put forward by the European
Competition Commissioner are not acceptable to us commercially.'
The Competition Commissioner has demanded that BA and American should
give up 267 weekly slots free of charge at London's Heathrow and Gatwick airports. In
the transition period towards full liberalisation, BA plans to conclude a code-sharing
agreement with American. This would allow them to sell seats on each other's flights,
but they would not set fares jointly.
FINANCIAL TIMES
World business newspaper.
Task 4.Use an appropriate word or phrase from the box to
complete each sentence.
monopoly competition regulation regulated deregulated free trade unfair
competition protectionism
1. Tobacco can only be sold at state shops in Spain: it is a …………………
2. When two or more companies want to sell their goods to the same
customers, they are in ………………………….with each other.
3. It is ……………………. when the rules of business do not apply equally to all
participants.
4. When the European Commission issues rules about how firms do business, the
market is said to be ……………………………….
5. When those rules are removed and the market is free, the market is said to be
………………
6. ……………… is the concept of doing international business with no barriers or
restrictions.
7. If one country tries to keep out foreign competitors so that national industries
will be safe, it is called ……………………
8. The concept of ……………… is that of ordering and controlling how business is
conducted.
Task 5: You have decided to start a sports shoe retail
business. Are you going to sell locally-made shoes or import
them from other countries at a lower price? Think of some
legal factors you should consider when entering the market:
for example, are there import taxes on foreign goods? What
government protection for local industry is there?
Part 8. Money laundering
Task 1.Discuss these questions.
1 Is it easy or difficult in your country to conceal financial transactions from the 'tax man'? Is
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there a strong 'black' economy?
2 Are you familiar with the concept of 'laundering' money - turning 'dirty' money into
'clean' funds? Where does the 'dirty' money come from? Is it always criminal activity?
3 Can bank transfers conceal stolen or embezzled funds?
Task 2.Read the text on the opposite page about how organised
crime uses the international banking system to hide its money
and answer these questions.
1 Where did the police arrest the Mexican money launderers?
2 How many people were arrested in total?
3 What was Operation Casablanca designed to do?
4 How much drug money is thought to be laundered world-wide every year?
5 According to the UN Drugs report, how much is the illegal drugs business worth every
year?
6 How much can be recovered through anti-laundering measures?
7 How is it that more and more money can be laundered? What systems are used?
8 Do criminals have to abide by the same rules as legitimate bank customers?
9 How do criminals hide their financial transactions from
officials?
10 What are the legitimate reasons for bank secrecy?
Task 3.Answer these questions.
1 What is meant by megabyte money?
2 What are aggregate funds normally used for?
3 Why do UN officials want to make banking riskier?
4 Who are the shareholders and beneficiaries?
5 What is meant by a walking account?
6 Why has the number of banks increased so much?
7 What must a bank have in order to be established, in certain places?
8 What is the favourite way of transporting illegal funds?
9 Why are casinos so popular for money laundering?
10What can the casino offer to do with the 'winnings'?
Text 1. World banking system is a 'money launderers' dream
Report says the ease and speed of 'megabyte money' make it simple to conceal crooked
cash, writes Ian Hamilton Fazey
It was the biggest money laundering investigation in US history. Evidence
had been gathered secretly over many months by undercover officers risking their
lives. The suspects were lured to Las Vegas for a conference on money laundering.
Then the police struck, arresting 22 banking officials from Mexico's largest financial
institution, plus 14 alleged members of Mexican and Colombian drug cartels and
another 70 linked to them. Seizure warrants were issued to recover $122m (Ј73m)
from bank accounts in the US and Italy, to add to $35m seized so far. The operation
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so damaged confidence in Mexican banks that their shares fell collectively by 4% in
panic selling.
But as Operation Casablanca struck its blow in the Americas, officials of the
United Nations Drug Control Programme in Vienna were editing the final
version of a report - to be released soon - that puts the US triumph into a gloomy
perspective. It says that at least $200bn of drug money is laundered every year, but
with the illegal international drug trade valued at $500bn, this is probably a
conservative estimate. In a good year, up to $500m will be recovered through antimoney laundering measures -an annual success rate of about a quarter of 1% of
laundered funds. Operation
Casablanca,
with $157m, will probably make the
year a good one, but hardly vintage. The report has been prepared by a group of
experts for a special session of the UN General Assembly on drugs in New York.
With the growth of the international drug trade, more ill-gotten money is being
laundered than ever, partly on the back of electronic banking and the increasing
globalisation and speed of operation of the international financial system.
Cashless transactions, electronic trading and computerised clearing mean that
what the report calls 'megabyte money' can be moved anywhere with speed and ease.
With 700,000 wire transfers worth $2,000bn every day, the report says it is 'a
reasonable guess that 0.05% to 0.1% contain laundered funds to a value of $300m'.
And even though half the total volume of transactions are bank-to-bank transfers of
'aggregate funds' for settlement or loans, the report says the 'complicity of corrupted
bank employees' ensures these also contain laundered money. 'This system is a
money launderer's dream.'
The one thing law enforcement officers have on their side is that criminals
have to play by the rules of the system in order to use it. While it is impossible to
spot transactions in progress once money is in the system, criminals have to risk
exposure in putting it there. UN officials want the process made riskier.
At present, criminals reduce their risk by operating through offshore financial
havens with lax financial regulation and poor banking supervision. They also hide
behind banking secrecy, and disguise the ownership of assets by setting up shell
companies and offshore trusts in jurisdictions where no questions are asked about
shareholders and beneficiaries. Many accounts and trusts are known as 'walking'
ones, where there is a standing instruction to move the accounts to another
jurisdiction at the first sign of inquiry by the authorities.
UN officials accept that commercial confidentiality, legal tax avoidance and
the easing of capital transfers at low or nil tax rates are legitimate reasons for bank
secrecy and disguising corporate ownership, but they say the system is too lax in
some places, allowing infiltration for illicit or nefarious purposes. 'One of the most
striking things about offshore financial centres is the enormous increase that has
taken place in the number of banks,' says the report. Banks can be set up with
relative speed and ease and a minimum of due diligence investigation, so long as
they meet a basic level of funds, which can vary between one jurisdiction and
another.
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Exporting bulk cash, usually in $100 bills and sometimes carried under
diplomatic cover, is the favoured method of getting deposits to banks where no
questions will be asked. Casinos in offshore centres are a favourite for converting
funds: cash is exchanged for gambling chips, the launderer plays for a while at the
tables then exchanges the chips back again. Instead of a cheque, some casinos offer
immediate electronic transfer of 'winnings' to an offshore bank account.
FINANCIAL TIMES
World business newspaper
Task 4. Find a word in the text to complete these phrases.
1 ………….. laundering (para 1)
2 seizure w………………….(para 1)
3 f ………………version (para 2)
4 c ……………..estimate (para 3)
5 i ………..………………….money (para 4)
6 e……………………trading (para 5)
7 risk e ……………(para 6)
8 f ………………. havens (para 7)
9 c ……………….. confidentiality (para 8)
10 c …………..transfers (para 8)
11 o ………….. financial centres (para 8)
12 gambling c ……………… (para 9)
Task 5.Match the phrases from Exercise A with their
definitions.
1 disguising criminal money by concealing its origins ……………………..
2 keeping business secrets .........................
3 in danger of discovery ........................
4 papers authorising the authorities to take money or property .........
5 moving large amounts of money from one place to another ...........
6 buying and selling through computers ..................
7 places where laws and tax are especially lenient ..... ...........
8 financial services located in small countries or on islands ............
9 minimum guess...........................
10 publishable form..........................
11 money obtained illegally ......................
12 tokens for playing in casinos .................
Task 6: Givedefinitions to the crimes:
Discrimination
…
Embezzlement
…
Harassment
…
Money
…
laundering
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…
…
Perjury
Trespass
Part 9. Taxation
Task 1. The last sum of money you received had probably
already been taxed, or will be liable to taxation, depending on
which country you are in. Similarly, the last sum of money you
spent probably included a percentage of tax.
Make a list of all the different types of taxes you can think of. If you do not know the
actual names, try to describe the different taxes, e.g. 'Tax you pay if you import
something from another continent', and so on.
The following pictures might help you:
You will find the usual names of the taxes you have just described in the exercise which
follows
Task 2.Which terms do the following sentences define?
1
The tax people pay on their wages and salaries is called
A capital transfer tax
В income tax С wealth tax
2
A tax on wages and salaries or on company profits is a/an
A direct tax
В indirect tax С value-added tax
3
A tax levied at a higher rate on higher incomes is called a
A progressive tax В regressive tax
С wealth tax
4A tax paid on property, sales transactions, imports, and so on is a/an
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A direct tax
В indirect tax С value-added tax
5A tax collected at each stage of production, excluding the already-taxed costs
from previous stages, is called a/an
A added-value tax В sales tax
С value-added tax
6
Profits made by selling assets are generally liable to a
A capital gains tax
В capital transfer tax С wealth tax
7Gifts and inheritances over a certain value are often liable to a
A capital gains tax
В capita! transfer tax С wealth tax
8The annual tax imposed on people's fortunes (in some countries) is a/an
A added-value tax
В capital gains tax
С wealth tax
9Making false declarations to the tax authorities is called
A fiscal policy
В tax avoidance
С tax evasion
Task 3.Read the text and decide which paragraphs could be
given the following headings.
.. Advantages and disadvantages of different tax systems
.. Avoiding tax on profits
.. Avoiding tax on salaries
.. Tax evasion
.. The functions of taxation
Text 1. TAXATION (AND HOW TO AVOID IT!)
A The primary function of taxation is, of course, to raise revenue to finance
government expenditure, but taxes can also have other purposes. Indirect excise
duties, for example, can be designed to dissuade people from smoking, drinking
alcohol, and so on. Governments can also encourage capital investment by
permitting various methods of accelerated depreciation accounting that allow
companies to deduct more of the cost of investments from their profits, and
consequently reduce their tax bills.
В There is always a lot of debate as to the fairness of tax systems. Business profits, for
example, are generally taxed twice: companies pay tax on their profits (corporation
tax in Britain, income tax in the USA), and shareholders pay income tax on
dividends.
C Income taxes in most countries arе progressive, and are one of the ways in which
governments can redistribute wealth. The problem with progressive taxes is that the
marginal rate - the tax people pay on any additional income - is always high, which
is generally a disincentive to both working and investing. On the other hand, most
sales taxes are slightly regressive, because poorer people need to spend a larger
proportion of their income on consumption than the rich.
D The higher the tax rates, the more people are tempted to cheat, but there is a
substantial 'black' or 'underground' economy nearly everywhere. In Italy, for example,
self-employed people - whose income is more difficult to control than that of
company employees - account for more than half of national income. Lots of people
also have undeclared, part-time evening jobs (some people call this 'moonlighting')
with small and medium-sized family firms, on which no one pays any tax or national
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insurance. In 1986, the Director of the Italian National Institute of Statistics calculated
the size of the underground economy, and added 16.7°/o to Italy's gross national
product (GNP) figure, and then claimed that Italy had overtaken Britain to become the
world's fifth largest economy.
E To reduce income tax liability, some employers give highly-paid employees lots of
perks or benefits instead of taxable money, such as company cars, free health
insurance, and subsidized lunches. Legal ways of avoiding tax, such as these, are
known as loopholes in tax laws. Life insurance policies, pension plans and other
investments by which individuals can postpone the payment of tax, are known as tax
shelters. Donations to charities that can be subtracted from the income on which tax
is calculated are described as tax-deductible.
F Companies have a variety of ways of avoiding tax on profits. They can bring forward
capital expenditure [on new factories, machines, and so on) so that at the end of the
year all the profits have been used up; this is known as making a tax loss. Multinational
companies often set up their head offices in countries such as Liechtenstein, Monaco,
the Cayman Islands, and the Bahamas, where taxes are low; such countries are known
as tax havens. Criminal organizations, meanwhile, tend to pass money through a series
of companies in very complicated transactions in order to disguise its origin from tax
inspectors - and the police; this is known as laundering money or money laundering.
Task 4.According to the text, are the following statements
TRUE or FALSE?
1Taxes can be designed both to discourage and to encourage spending.
2The same amount of money can be taxed more than once.
3Progressive taxes may discourage people from working extra hours.
4Sales taxes are unfair because poor people spend more than the rich.
5The Italian government knows that about one seventh of national income escapes
taxation.
6'Loopholes' are a common form of tax evasion.
7If you pay a lot of your income into a pension fund or a life insurance policy you never
have to pay tax on it.
8A company that makes an unusually large profit during a tax year might quickly decide
to spend it, for example, on a new factory or equipment.
Task 5. Find words in the text that mean the following.
1reducing the value of a fixed asset, by charging it against profits
2something which discourages an action
3an adjective describing a tax that is proportionally higher for people with less money
4spending money to buy things, rather than saving it
5working for yourself, being your own boss
6a tax on incomes that pays for sickness benefit, unemployment benefit, and old-age
pensions
7non-financial benefits or advantages of a job
8a way to delay the payment of tax to a later time
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9an adjective describing expenditures that can be taken away from taxable income or
profits
10 a country offering very low tax rates to foreign businesses
Part 10. Privacy?
Task 1. Work with a partner. Look at the photographs below.
Who are these people? What do you already know about them?
Task 2. These people are mentioned in the text you will read.
Why do you think they might be mentioned in a text about
privacy and the media?
Task 3. Work in a group. Imagine that you are members of
the editorial board of a newspaper. You have photographs of
the following events:
• a politician passionately kissing someone other than his or her spouse
• a person threatening to commit suicide by jumping off a building
• a movie star punching a news reporter in the street
• a wild dog attacking someone
• the arrest of a teenager for shoplifting
• a movie star sunbathing in a bikini in the backyard of her private residence
Discuss and decide which of these photographs, if any, you will publish in your
newspaper. What factors did you consider in making your decisions?
Text 1. Read the text and do the task:
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PRIVACY AND THE MEDIA
Journalists are often faced with difficult decisions about whether or not to
print a story or a photograph. There are a number of ethical issues they need to
consider. Is the material too violent? Will it upset people because it tells about acts
or events that are against their moral values? Does it represent an invasion of
someone's privacy, that is, does it present to the public something that should
remain private? Journalists must decide what responsibility, if any, they have to
society and if that responsibility is best fulfilled by publishing or not publishing.
An interesting question related to invasion of privacy is whether or not the
public has the right to know about the private lives of people who are public
figures. In 1987, one U.S. presidential candidate, Gary Hart, was forced to drop out
before the election because of press stories about his affair with a woman. Now, all
candidates for the office of president can expect to have their personal lives watched
closely and with interest by the media. In 1998, the story of the relationship
between President Clinton and Monica Lewinsky dominated the media for many
months. The public was presented with very personal details of the relationship, and
the scandal almost forced the president to resign. A basic question for the media is
whether a politician’s personal life is relevant to his or her performance in the job. One
point of view suggests that if a person is not honest and faithful to his or her spouse
that person will not be honest and faithful to his or her country. Another view
says that if you get rid of everyone who has broken a moral law, there will be no one
left to serve in public office.
Politicians are not the only ones whose private lives are of interest to the
media. Famous people of various kinds, including movie stars and royalty, are often
closely followed by the press. There have been stories of journalists digging through
garbage bins to find little bits of information on the private lives of the rich and
famous. Some press photographers try to take photographs of famous people in their
most private moments to sell to the world’s media. They often use very powerful long
lenses so that they can take photos from a distance and spy into people’s homes, for
example. These photographers are called paparazzi.
Paparazzi have been around for decades, but the business has grown in recent
years as there are now more magazines that focus on the lives of famous people. New
technology such as digital videos and cameras also allows for the photos to be sent
much more quickly to one publisher or to many publishers around the world. There is
a lot of money to be made and this means that some of the paparazzi are becoming
even more aggressive in their efforts to get a "good" photo. Some paparazzi have been
accused of deliberately starting fights with movie stars in order to catch them on film in
embarrassing situations.
In 1997, when Princess Diana died in a car accident in Paris, her car was
being chased by paparazzi. This started a big public debate about the behavior of
paparazzi and the issues of privacy and the media. There was much public criticism
of the paparazzi and of the newspapers and magazines that published paparazzi
photos. One member of the paparazzi argued, "I feel no responsibility, legal or
moral. Of course I'm sad, because someone we all adored is dead. But when you
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become Princess Di, you are a public person." Many magazine editors say that when
they are deciding whether or not to use paparazzi photos, they consider each case
separately. They decide whether the news value of a picture is more important than
the person's right to peace and privacy.
Some critics have called for laws to limit the actions of paparazzi, however, the
campaign against the paparazzi has its dangers. Journalism necessarily involves
some degree of unwelcome observation, that is, the journalist’s job is to investigate
matters that some people would rather not be publicized. Moreover, famous people
often use the paparazzi for their own purposes. They look for as much media
coverage as possible to keep them in the news, in order to maintain their fame and
popularity.
Task 4. Each of the following statements summarizes one
of the six paragraphs in the text. Number the statements
1-6
according
to
the number
of
the
paragraph
eachstatement summarizes.
a. There are several reasons why there are more paparazzi today.
b. There is a question as to whether the press should write about the
privatelives of public figures.
c. Journalists face many ethical questions before they decide whether or to
publish a story in the media.
d. Criticizing the actions of the paparazzi may have its dangers.
e. Journalists and photographers have many different tricks to get picture
and find out private things about celebrities.
The death of Princess Diana led to a debate on what journalists should
and should not be allowed to do.
Task 5. Read statement b above. Can you think of any
recent examples in the news inwhich the press has
damaged the careers of one or more of the following: a
politician, a sports figure, a movie star, a TV personality?
Discuss your example with a partner.
Text 2. Read the text and do the tasks below:
I CAN SEE YOU…
The police and local authorities are using technology to keep a close watch on
our every move. S.A. Mathieson looks behind the scenes…
As you go about your business today, you may think you enjoy relative
anonymity and privacy. Not so. In fact, Britain’s virtual curtains are twitching as
never before. Along with the government’s acquired abilities to track its citizens as
they move about the Internet through the Regulation of Investigatory Powers Act,
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computerization means we can also be tracked in the material world. Moreover, it
can be don cheaply, with increasing accuracy and almost invisibly.
I’ve seen your face before…
In 1998, the London borough of Newham connected the US firm Visionics’
software to cameras covering one shopping area, and this year will extend the system
to its fifth. With the face-recognition software, Newham has decreased crime rates
relative to other boroughs, achieving a dramatic drop in street robberies and
burglaries.
The system tries to match faces on Newham’s cameras to a ‘watch list’ of
between 100 and 150 active criminals, chosen by a Metropolian Police committee.
The software shows probable matches to a Newham employee who decides if the
match is valid and whether or not to contact the police.
Business is booming. Visionics has tried the system with a watch list of known
football hooligans – at a West Ham match against Manchester United in January last
year. Other local authorities are also considering the system, which costs from
₤15,000 to scan a single camera feed and uses standard surveillance cameras.
I know your number…
Automatic number plate recognition (ANPR) arrived in the UK in 1997, when
the City of London police installed cameras that scan the plates of every vehicle
entering and leaving the Square Mile. A police spokesperson says: “We’re not
interested in monitoring people’s movements; we just want to provide them with a
safe environment.”
Unlike Newham’s controlled watch list, ANPR checks plates against live
databases: Avon & Somerset’s vehicle-mounted system refers to a local list, the
police national computer in Hendon and the Driver and Vehicle Licensing Agency in
Swansea. Data protection rules prohibit building general databases, so these systems
don’t retain computerized data. They simply alert police if they read a suspected
vehicle’s plate.
The traffic information provider, Trafficmaster plc, owns a far more
widespread plate-reading system, with 8,000 cameras on trunk roads to monitor
traffic speeds (its motorway cameras use a different system). The cameras cut the
first two and last digits off your plate, and transmit the remainder to Trafficmaster’s
headquarters in Milto Keynes. By watching for the same partial plate number further
up the road, the firm gauges traffic speed.
However, Trafficmaster says its cameras misread about one plate in four –
good enough for traffic speeds, but not for criminal investigations. In addition,
Trafficmaster’s license prohibits it from cross-referencing the number plates.
I know where you are…
Ian Brown, a researcher in computer security at University College, London,
points to an even simpler way to track citizens: examining location data sent out by
mobile telephones. When switched on, each unit transmits its identity. Base stations
within range reply, the phone logs on to one of those stations, the call strength
indicator on the mobile goes up and you can make and receive calls. But, as a result,
your network always knows roughly where you are.
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BT Cellnet already uses base-station data to provide traffic news, and believes
it is accurate to 100 metres in cities, although that accuracy falls in the countryside
because of the smaller numbers of base stations. “If we were required to give
evidence in court, we would only be able to say the person was within 35 kilometres
of a given location,” says John Cross, head of network security for the firm. That is
because mobile phones will not necessarily log on to their nearest base station.
Weather conditions, local topography and cell congestion mean a phone may connect
to a base station further afield.
But the data will soon become more accurate. Third-generation mobile phones
will increase location accuracy to within tens of metres worldwide, using satellitebased global positioning system (GPS) technology. You could find yourself getting
text messages advertising shops you are passing. Meanwhile, your network will be
keeping extremely accurate tabs on you.
I know how much you spend…
Banks too have location data, and they will pass it on under order. Cash
machine usage and electronic card transactions let a bank locate you – or at least
your card – with precision at the time of transaction.
As with the mobile phone networks, the location information is invisible to
call-centres operators. Martin Whitehead, head of information security for Cooperative Bank, says he follows a ‘need-to-know’ policy: about a dozen people have
access to the exact time and location of cash-machine transactions. However, he and
other bankers are concerned about the social security fraud bill going through the
House of Lords. This could grant the Department of Social Security (DSS) and its
local authority agents wide-ranging access to bank records.
“It won’t include people’s names, but it may have identifying data,” says
Caspar Bowden, the director of the Foundation for Information Policy Research.
Whitehead says he fears the worst if the DSS gets wide access. “We’ve been
the subject of fishing expeditions (wide-ranging ‘trawls’ for data) from the DSS and
local government agents,” he says, adding that the bank has refused access – but may
not be able to under this bill.
I’ll see you again soon…
The UK has the physical infrastructure for near-Orwellian surveillance. It is
only laws such as the 1984 and 1998 Data Protection Acts that stop this
infrastructure being used to its full invasive capacity.
Collecting and cross-referencing population-wide intelligence has already been
suggested. Last December, The Observer uncovered a memo by Roger Gaspar, the
National Criminal Intelligence Service’s deputy head, saying the government could
retain the details of every phone call made, every email sent, and every web-page
viewed – for seven years.
The government said it had no plans to implement this scheme. But with the
political parties scuffing to appear toughest on crime, how long before such
generalised, cross-referenced surveillance is mooted for the material world?
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Task 6. For questions 1-14, choose from the answers A-E. Of
which surveillance method or device is the following true?
A. Face recognition software
B. Automatic number plate recognition
C. Trafficmaster
D. Mobile phone location data
E. Cash machine usage & electronic cash transaction data.
1. It often makes mistakes
2. It might be used for commercial purposes in the future
3. It knows exact place a person is when he/she uses it.
4. It has already contributed significantly to fighting crime
5. Existing law does not allow the government to access its data
6. It is more precise in densely populated areas
7. It tries to trace a pre-determined number of suspects.
8. It compares the data it collects to other general data.
9. Its accuracy is subject to natural elements
10.It returns data which is relatively unspecific
11.its users declare that they don not want to spy on the public
12.It will become more exact in the near future
13.It can only be used to monitor traffic
14.Its use is particularly expensive
Discussion points:
1. Which of these forms of surveillance seems the most
scary to you?
2. Which methods do you consider acceptable? Why? Why
not?
3. What other methods can new technology bring?
Part 11. Advertising
Task 1. Read the text and do the task in it:
Text 1. The rules for advertising
The British Code of Advertising Practice exists to protect the consumer from
being deceived and misinformed by advertisements. Their slogan is:
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“ALL ADVERTISEMENTS
SHOULD BE
LEGAL, DECENT, HONEST
AND TRUTHFUL”
and their own advertisement they invite consumers to exercise discrimination
and to report to the authorities any advertisements which do not fulfil their
requirements advertising Practice is based on. Read them and underline what you
think are the key words or phrases in each paragraph. The first two have been done
for you.
General Principles
1. Advertisements should not contain statements or visual presentations offensive
to the standards of decency prevailing among those who are likely to be
exposed to them.
2. Advertisements should not be so framed as to abuse the trust of the consumer
or exploit his lack of experience or knowledge.
3. Advertisements should not without justifiable reason play on fear.
4. Advertisements should not contain anything which might lead or lend support
to acts of violence, not should they appear to condone such acts.
5. All descriptions, claims and comparisons which relate to matters of objectively
ascertainable fact should be capable of substantiation, and advertisers and
advertising agencies are required to hold such substantiation ready for
production without delay to CAP Committee of the Advertising Standard
Authority.
6. Advertisements should not contain any statements or visual presentation
which, directly or by implication, omission, ambiguity, or exaggerated clam, is
likely to mislead the consumer about the product advertised, the advertiser, or
about any other product or advertiser.
7. Advertisements should not misuse research results or quotations from
technical and scientific literature.
8. Consumers should not be led to overestimate the value of goods whether by
exaggeration or through unrealistic comparisons with other goods or other
prices.
9. All comparative advertisements should respect the principles of fair
competition and should be so designed that there is no likelihood of the
consumer being misled as result of the comparison, either about the product
advertiser or that with which it is compared.
10.Advertisements should not unfairly attack or discredit other products,
advertisers or advertisements directly or by implication.
11.Advertisements should be clearly distinguishable as such whatever their form
and whatever the medium used. When an advertisement appears in a medium
which contains news, editorial or programme mater it should be so designed,
produced and presented that it will be readily recognized as an advertisement.
12.Advertisements should not, without justifiable reason, show or refer to
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dangerous practices or manifest a disregard for safety. Special care should be
taken in advertisements directed towards or depicting children or young
people.
13.Advertisements addressed to children or young people or likely to be seen by
them, should not contain anything whether in illustration or otherwise, which
might result in harming them physically, mentally or morally, or which
exploits their credulity, their lack of experience, or their natural sense of
loyalty.
Task 2. Work in groups. Study the information about how the
rules for advertising are controlled in different countries and
prepare a presentation for about 3 to 5 minutes.
JUSTICE FOR ALL
Task 3. Read the quotation. How far do you agree with
Clarence Darrow?
There is no such thing as justice - in or out of court”
Clarence Darrow, lawyer
Task 4. Work in groups and discuss cases A-D.
1 Decide who the plaintiff and the defendants are in each instance.
2 Brainstorm arguments for and against the plaintiffs in each of the four cases.
3 Make a decision based on the balance of your arguments. Decide who should win
each of the cases.
4 Do you think it could be possible for the parties to reach an out of court settlement
by coming to a compromise without the expense of going to court and the risk of
losing the case?
“
Case A: Hinton v Fanshawe Engineering
William Hinton, a 17-year-old apprentice, damaged the sight in one eye while
operating a machine without wearing protective goggles. His parents are suing
Fanshawe Engineering for negligence and for failing to supervise their son properly.
Fanshawe, a local firm agreed to take on William as part of a government
programme for young school leavers. However, because of the accident William will
no longer be able to continue his training to become a precision instrument maker.
His lawyers are claiming €1,000,000 in damages as compensation for future loss of
earnings. William's foreman, Tony Bates told the judge 'You know, William had
worked on the machine lots of times before. I must have told him fifty times to
wear the goggles but he just never took any notice of me. He said they were
uncomfortable. In the end, I let one of the other apprentices take them.'
Case B: Wolf v Green
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When vince Green, an impresario, saw Brigitta Wolff's illusion and magic act in
Munich he was so impressed that he immediately asked her to sign a contract to
appear in eight English towns in the three weeks leading up to Christmas. For this
he promised her €40,000 and Brigitta cancelled all her other engagements.
However, one of the conditions was that Brigitta had to present herself at Vince's
office in Soho, London ten days before the tour began. On the way to England
Brigitta was involved in a minor car accident involving her van and equipment.
She had to wait three days for the van to be
repaired. She called him to tell him about her difficulty. However, when she
arrived at Vince's office he told her that the tour was off because she had broken
the terms of the contract. This suited Vince because bookings for the show had
been poor and this seemed the perfect way to escape his obligations. A furious
Brigitta immediately went to a British solicitor to see if she could claim the money
she had been promised.
Case C: Farinelli Fashions v Domus supermarkets.
Farinelli Fashions produces world-famous designer clothes which are sold
exclusively through boutiques and up-market department stores in the US, Japan
and the European community. Their goods have a luxury up-market image reflected
in their advertising and supported by their very high prices in these countries
which are controlled by strict agreements between themselves and their retailers.
Recently, however Domus, a big UK supermarket chain, has managed to obtain
very large quantities of Farinelli jeans and sweatshirts on the so-called 'grey
market' from wholesalers in less rich countries where Farinelli's price controls do
not apply; or from the third world factories where the goods
are produced.
'We want to give our customers good value for money and bring luxury goods
within everybody's reach', claims Domus's managing director, Rory James. Paola
Farinelii, the CEO ofFarinelli does not agree. 'These imports are illegal and
undermine the image of our products. These goods were only acquired in the first
place by wholesalers in breach of their contracts with us or by our manufacturers
illegally agreeing to make more of our lines in their factories.' Farinelli is taking
Domus to court for unfair competition and wishes to make them withdraw their
goods from their supermarkets.
Case D: Salvo's Catering v Eventful Events
Eventful Events organizes functions such as receptions and entertainment for major
companies. Last month it arranged with catering firm Salvo's to supply food and
drink for the first night of an important exhibition of Oriental art in a fashionable
London art gallery. After contacting several caterers, Eventful Events signed a
contract to the value of €4,200 with Salvo's. The day before the launch, the caterer
said that it had made a mistake with pricing the contract as the company had
requested some very expensive items such as Japanese sushi and that the price was
now €8,000. Jane Wilkinson the CEO of Eventful Events finally agreed to the new
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price and signed the contract under protest. However, when the invoice arrived she
refused to pay it. Salvo's has taken Eventful Events and Jane Wilkinson to court to
get its invoice paid in full and claims that Eventful Events acted in bad faith.
References:
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Чубкова. – Иркутск, 2007. – 68 с.
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О.П. Мельчина. – Москва: «ФЛИНТА», 2002.
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[text] / Л.И. Куценко, Г.И Тимофеева. – Москва, 2000.
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University Press, 2000.
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University Press, 2002.
8. McCarthy, M. English Vocabulary in Use – advanced [text] / M. McCarthy, F.
O’Dell. - Cambridge University Press, 2001.
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[text] / M. McCarthy, F. O’Dell. - Cambridge University Press, 2000.
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University Press, 2006.
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20.Listening comprehension story “Missing Madonna”: дидактические материалы
[Текст] / А.Н. Войткова – Иркутск, 2012. – 24 с.
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Учебное издание
Войткова Анастасия Николаевна
CRIME DOESN’T PAY
Учебно-методическое пособие
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