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ТЕКСТЫ ДЛЯ ДОПОЛНИТЕЛЬНОГО ЧТЕНИЯ
English Judicial institutions
In all legal systems there are institutions for creating, modifying,
abolishing and applying the law. Usually these take the form of a hier-
archy of courts. The role of each court and its capacity to make deci-
sions is strictly defined in relation to other courts. There are two main
reasons for having a variety of courts. One is that a particular court can
specialize in particular kinds of legal actions-for example, family courts
and juvenile courts. The other is so that a person who feels his case was
not fairly treated in a lower court can appeal to a higher court, for reas-
sessment, although the right of appeal usually depends upon the appel-
lant being able to show certain reasons for his dissatisfaction. The deci-
sions of a higher court are binding upon lower courts. At the top of the
hierarchy is a supreme lawmaking body, but, the process of taking an
action from a lower court to the highest court may be very time-
consuming and costly.
English courts
We can use the English system as an example of how courts re-
late to one another.
In general, the division between civil and criminal law is re-
flected in this system. The Crown Courts, for example, deal exclusively
with Criminal matters, the County Courts, with civil. However, the
Queen's Bench Division of the High Court considers appeals from
lower criminal courts, as well as civil matters, and the Magistrates
Courts, while mostly concerned with criminal cases, also deal with
some civil matters. The highest court, the House of Lords, deals with all
matters including appeals from Scottish and Northern Irish courts.
A criminal case usually begins in a Magistrates Court. Having ar-
rested someone suspected of committing a crime, the police must decide
if they have enough evidence to make a formal accusation, or charge. If
they charge the suspect, they may release him on the condition that he
appears on a certain date at a certain Magistrates Court. This is known
as unconditional bail. However, the police may instead take the sus-
pect to a magistrate so that he remains in custody until he next appears
before a court. The magistrate may decided that it is not necessary to
hold the suspect in custody and may agree to unconditional bail, or the
18
magistrate may grant conditional bail – that is, release the suspect pro-
vided that he puts up some money as security or agrees to surrender his
passport or some similar condition. As the lowest criminal court, a
Magistrates Court is empowered to hear certain cases only. Some minor
cases, such as parking violations, are dealt with only by the magistrates.
Some serious crimes, like murder, cannot be heard by the magistrates
and must go to the Crown Courts. And there are some offences where
the defendant is given the choice of having his case heard in the Magis-
trates Court, or the Crown Court. It takes much longer to have a case
heard in the Crown Court, but, some defendants prefer it because the
facts of the case are decided by a jury, that is, ordinary members of the
public.
In a Crown Court trial there are twelve jurors. These are ordinary
members of the public between the ages of 18 and 70 who arc selected
at random. They are not paid but are given expenses while they are on
jury service, which is usually for about two weeks. Service is compul-
sory, and it cannot normally be avoided without a good reason, such as
illness. It is not necessary for a juror to know anything about the law –
indeed certain people connected with the world of law, such as solici-
tors, are not allowed to serve as jurors. This is because the job of the
jury is to listen to the case and to decide questions of fact. It is the
judge's responsibility to guide them on questions of law.
This contrast between law and fact is very important. If a man is
on trial for murder, for example, the judge will explain just what the
crime of murder means in English law and what the prosecution has to
prove. He will explain how the trial will be conducted, summarize the
evidence, and tell the jurors what factors they should consider in mak-
ing their decision. These are questions of law. However, whether the
defendant, did in fact commit murder or not is a question of fact, to be
decided by the jurors themselves. It is necessary for at least ten of the
twelve to agree.
International comparisons
In some countries such as France (where there are nine jurors),
the judges and jurors decide the case together. In the United States ju-
ries not only decide if the defendant is guilty but sometimes also have a
say in what punishment he should receive. Before World War II, Japan
ТЕКСТЫ ДЛЯ ДОПОЛНИТЕЛЬНОГО ЧТЕНИЯ magistrate may grant conditional bail – that is, release the suspect pro-
vided that he puts up some money as security or agrees to surrender his
English Judicial institutions passport or some similar condition. As the lowest criminal court, a
Magistrates Court is empowered to hear certain cases only. Some minor
In all legal systems there are institutions for creating, modifying,
cases, such as parking violations, are dealt with only by the magistrates.
abolishing and applying the law. Usually these take the form of a hier-
Some serious crimes, like murder, cannot be heard by the magistrates
archy of courts. The role of each court and its capacity to make deci-
and must go to the Crown Courts. And there are some offences where
sions is strictly defined in relation to other courts. There are two main
the defendant is given the choice of having his case heard in the Magis-
reasons for having a variety of courts. One is that a particular court can
trates Court, or the Crown Court. It takes much longer to have a case
specialize in particular kinds of legal actions-for example, family courts
heard in the Crown Court, but, some defendants prefer it because the
and juvenile courts. The other is so that a person who feels his case was
facts of the case are decided by a jury, that is, ordinary members of the
not fairly treated in a lower court can appeal to a higher court, for reas-
public.
sessment, although the right of appeal usually depends upon the appel-
In a Crown Court trial there are twelve jurors. These are ordinary
lant being able to show certain reasons for his dissatisfaction. The deci-
members of the public between the ages of 18 and 70 who arc selected
sions of a higher court are binding upon lower courts. At the top of the
at random. They are not paid but are given expenses while they are on
hierarchy is a supreme lawmaking body, but, the process of taking an
jury service, which is usually for about two weeks. Service is compul-
action from a lower court to the highest court may be very time-
sory, and it cannot normally be avoided without a good reason, such as
consuming and costly.
illness. It is not necessary for a juror to know anything about the law –
English courts
indeed certain people connected with the world of law, such as solici-
We can use the English system as an example of how courts re-
tors, are not allowed to serve as jurors. This is because the job of the
late to one another.
jury is to listen to the case and to decide questions of fact. It is the
In general, the division between civil and criminal law is re-
judge's responsibility to guide them on questions of law.
flected in this system. The Crown Courts, for example, deal exclusively
This contrast between law and fact is very important. If a man is
with Criminal matters, the County Courts, with civil. However, the
on trial for murder, for example, the judge will explain just what the
Queen's Bench Division of the High Court considers appeals from
crime of murder means in English law and what the prosecution has to
lower criminal courts, as well as civil matters, and the Magistrates
prove. He will explain how the trial will be conducted, summarize the
Courts, while mostly concerned with criminal cases, also deal with
evidence, and tell the jurors what factors they should consider in mak-
some civil matters. The highest court, the House of Lords, deals with all
ing their decision. These are questions of law. However, whether the
matters including appeals from Scottish and Northern Irish courts.
defendant, did in fact commit murder or not is a question of fact, to be
A criminal case usually begins in a Magistrates Court. Having ar-
decided by the jurors themselves. It is necessary for at least ten of the
rested someone suspected of committing a crime, the police must decide
twelve to agree.
if they have enough evidence to make a formal accusation, or charge. If
they charge the suspect, they may release him on the condition that he
International comparisons
appears on a certain date at a certain Magistrates Court. This is known
as unconditional bail. However, the police may instead take the sus- In some countries such as France (where there are nine jurors),
pect to a magistrate so that he remains in custody until he next appears the judges and jurors decide the case together. In the United States ju-
before a court. The magistrate may decided that it is not necessary to ries not only decide if the defendant is guilty but sometimes also have a
hold the suspect in custody and may agree to unconditional bail, or the say in what punishment he should receive. Before World War II, Japan
17 18
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