The presumption of innocence is a legal right that the accused in criminal ответы егэ - Помощь в подготовке к экзаменам и поступлению

Задание №6421.
Чтение. ЕГЭ по английскому

Установите соответствие между заголовками 1 — 8 и текстами A — G. Используйте каждую цифру только один раз. В задании один заголовок лишний.

1. Capital Punishment
2. Shoplifting
3. Crime Prevention
4. Kidnapping
5. Frightening Changes
6. Long-Term Effect
7. Virtual Crime
8. Guilty or Not Guilty?

A. The presumption of innocence is a legal right that the accused in criminal trials has in many modern countries. The burden of proof is thus on the prosecution. It has to collect and present enough compelling evidence to convince the jury of the fact that beyond a reasonable doubt the accused has broken the law. In case of remaining doubts, the accused is to be acquitted.

B. Sarah and Lisa always enjoyed hanging out at the mall. But one Saturday, after shopping for jeans, Sarah pulled a new shirt out of her bag. Lisa didn’t remember seeing her buy it. ‘I didn’t,’ Sarah told her. ‘I lifted it.’ Lisa was upset and puzzled. Stealing didn’t seem like something Sarah would do. Sometimes people do not realize the consequences of this crime.

C. Even families living in so-called ‘safe’ neighbourhoods are concerned. They may feel safe today, but there is always a reminder that violence can intrude at any moment. Polly Klaas and her family no doubt felt safe in Petaluma, California. But on October 1, 1993, she was abducted from her suburban home during a sleepover. If she can be abducted and murdered, so can nearly any other child.

D. The Internet is a great place to find information, make friends, keep in touch with others, and do business. There always are other sides as long as there is a criminal element. As our world becomes more computerized and ever more interconnected, different kinds of computer crimes will continue to grow. These include break-ins of computers to get trade secrets or illegal entry for the thrill and challenge.

E. Movie violence these days is louder and bloodier than ever before. When a bad guy was shot in a black-and-white Western, the most we saw was a puff of smoke and a few drops of fake blood. Now the sights, sounds, and special effects often jar us more than the real thing. Slow motion and pyrotechnics conspire to make movies and TV shows more gruesome than ever.

F. University of Illinois psychologist Leonard Eron studied children at age eight and then again at eighteen. He found that television habits established at the age of eight influenced aggressive behaviour through childhood and adolescent years. The more violent were the programs preferred by boys in the third grade, the more aggressive was their behaviour, both at that time and ten years later.

G. In the debate about execution and human dignity, supporters and opponents of the death penalty have found very little common ground. Since the 18th century, those who wish to abolish the death penalty have stressed the significance of requiring governments to recognize the importance of each individual. However, supporters of this penal practice see nothing wrong with governments deliberately killing terrible people who commit terrible crimes.

Решение:
Заголовок 8 (Guilty or Not Guilty? — Виновен или не виновен?) соответствует содержанию текста A: «The presumption of innocence is a legal right that the accused in criminal trials has in many modern countries.»

Заголовок 2 (Shoplifting. — Воровство) соответствует содержанию текста B: «‘I lifted it.’ Lisa was upset and puzzled. Stealing didn’t seem like something Sarah would do.»

Заголовок 4 (Kidnapping. — Похищение) соответствует содержанию текста C: «But on October 1, 1993, she was abducted from her suburban home during a sleepover.»

Заголовок 7 (Virtual Crime. — Виртуальное преступление) соответствует содержанию текста D: «… different kinds of computer crimes will continue to grow.»

Заголовок 5 (Frightening Changes. — Пугающие изменения) соответствует содержанию текста E: «Movie violence these days is louder and bloodier than ever before.»

Заголовок 6 (Long-Term Effect. — Долгосрочный эффект) соответствует содержанию текста F: «He found that television habits established at the age of eight influenced aggressive behaviour through childhood and adolescent years.»

Заголовок 1 (Capital Punishment. — Смертная казнь) соответствует содержанию текста G: «… supporters and opponents of the death penalty have found very little common ground.»

Правильный ответ: 8247561.

Источник: ЕГЭ-2018, английский язык: 30 тренировочных вариантов для подготовки к ЕГЭ. Е. С. Музланова

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Число 6421 прописью: шесть тысяч четыреста двадцать один.

Количественное числительное 6421

У количественного числительного склоняется каждая цифра (слово).

Падеж	Вопрос	6421
Именительный	есть что?	шесть тысяч четыреста двадцать один рубль
Родительный	нет чего?	шести тысяч четырёхсот двадцати одного рубля
Дательный	рад чему?	шести тысячам четырёмстам двадцати одному рублю
Винительный	вижу что?	шесть тысяч четыреста двадцать один рубль
Творительный	оплачу чем?	шестью тысячами четырьмястами двадцатью одним рублем
Предложный	думаю о чём?	о шести тысячах четырёхстах двадцати одном рубле

Примечание. 6421 заканчивается на 1, которое может быть мужского, женского, среднего рода в единственном числе либо во множественном числе: 6421 (одна) миля, 6421 (одно) очко, 6421 (одни) сутки. На этой странице приведено склонение для мужского рода единственного числа (рубль). Если вам необходимо получить склонение в другом роде или числе, то в приведенном примере поставьте «один» в нужном роде/числе. Подробнее смотрите таблицу склонения числительного 1 по всем родам и числам.

Порядковое числительное 6421

У порядкового числительного 6421 «шесть тысяч четыреста двадцать» является неизменяемой частью, которая одинаково пишется во всех падежах, склоняется только «один».

Падеж	Вопрос	Неизменяемая часть	мужской род	женский род	средний род	мн.число
Именительный	какой?	шесть тысяч четыреста двадцать	первый	первая	первое	первые
Родительный	какого?	первого	первой	первого	первых
Дательный	какому?	первому	первой	первому	первым
Винительный	какой?	первый	первую	первое	первые
Творительный	каким?	первым	первой	первым	первыми
Предложный	о каком?	первом	первой	первом	первых

Примечание. В винительном падеже окончание зависит от одушевлённости/неодушевлённости объекта.
В мужском роде используется первый для неодушевлённых и первого для одушевлённых.
Во множественном числе используется первые для неодушевлённых и первых для одушевлённых.

6421

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Привести подобные слагаемые 1) 8x-17x-19x+21x 2) — 9y+12y+41y-17y 3) 2,6a-5,4b-a+2b 4) — 5,6c+4,8+8,2c-9,1 5) 4,6m+8,3n-5,1-8,3m-6,4n 6) — 2/3a + 5/6b — 1/8a — 7/12b («/» дробь, а не делить)

Ответы (1)

1 ответ:

0

0

2) 2.625
1.048
3.085
8.038
7.006
6.875

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Алена, 2021-12-08 23:09:24
Телефон:
О чем звонок: Положительно
Оценка: 5
ГОСТИНИЦА ЖЕМЧУЖИНА АХТУБИНСК

Albert, 2021-09-26 13:30:46
Телефон:
О чем звонок: Мошенник
Оценка: -5
Отслеживает заявки на сайте kwork.ru, и говорит что с другого сайта FL.ru, Скидывает ссылку на чужой профиль. Так как в этом профиле не пишут прямой контакт, то проверить быстро не получается. В итоге просит предоплату 50/50 и сливается.
Вот текст переписки:
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[11:27, 26.09.2021] +7 986 745-85-34: С фриланс по поводу вашего проекта ещё актуально?
[11:28, 26.09.2021] +7 986 745-85-34: https://kwork.ru/projects/1391871
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[11:30, 26.09.2021] +7 986 745-85-34: Моя рабочая страница с отзывами и портфолио занимаюсь подобной работой
[11:30, 26.09.2021] +7 986 745-85-34: https://www.fl.ru/users/Getoriks/portfolio/?f=2&stamp=40338#220
[11:31, 26.09.2021] +7 986 745-85-34: С сайтом ознакомился и вложением. Описание полное что требуется сделать?

alt, 2021-08-23 17:59:40
Телефон:
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Оценка: -5
Впаривают фин.услуги.

Влад, 2021-07-25 17:07:55
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Оценка: 5
Человек

Татьяна, 2021-07-13 15:07:20
Телефон:
О чем звонок: Мошенник
Оценка: -5
Мошенники с Авито. Заблокировали меня, как только раскусила их.

Daniel, 2021-06-29 21:38:43
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О чем звонок: Неизвестно
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Якобы фрилансер, просит предоплату и сливается

Х, 2021-06-03 12:28:59
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О чем звонок: Неизвестно
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Мошенники авито

Евгений, 2021-05-31 16:28:59
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Оценка: -5
Какая-то «мошенническая контора» якобы по сбору долгов ! Не верьте — это липа и вранье ! Это — обыкновенное жулье , которое звонит кому — попало и вымогает деньги у всех подряд ! Сразу шлите их трехслойным матом и ставьте в блок .

Михаил, 2021-05-28 18:26:57
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Мошенник с blablacar

Юля, 2021-05-23 17:45:46
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Мошенник Авито доставка

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Гарик, 2020-10-31 11:18:30
Номер телефона: +73952445287
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Рейтинг: -5
Представляется знакомым, разведывает данные.

Татьяна, 2020-09-28 13:10:16
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Долбанный Ростелеком со своими услугами

Юрий, 2020-06-26 14:37:21
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немой звонок

Федор, 2020-03-27 04:07:53
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Это военкомат. Вызвали сегодня. Не берите трубку от них.

Майгельдинова Фарида Сабировнв, 2020-01-16 13:08:56
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Дозвониться до сотрудников вашего центра практически невозможно. После почти часового , чаще ,правда, получасового ожидания вместо надоевшей гармошки слышишь: «Ало, говорите! Вас не слышно. Ало!» Далее следуют гудки. Это очень похоже на издевательство. Куда жаловаться?!

Виталий , 2019-12-19 07:08:09
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Не отвечаю на такие звонки

Денис, 2019-12-07 10:36:31
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Тсл разводят на посещение массажа

Арина, 2019-08-29 12:41:27
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Позвонили и сбросили

Источник

12682. Установите соответствие между заголовками 1-8 и текстами A-G. Занесите свои ответы в таблицу. Используйте каждую цифру только один раз. В задании один заголовок лишний.

1) Different Explanations
2) Unexpected Invention
3) Circles on the Water
4) Ancient Ancestor

5) Hidden Menace
6) Solution to the Problem
7) Significant Benefits
Artificial Eye

B. Sarah and Lisa always enjoyed hanging out at the mall. But one Saturday, after shopping for jeans, Sarah pulled a new shirt out of her bag. Lisa didn’t remember seeing her buy it. ‘I didn’t, ’ Sarah told her. ‘I lifted it.” Lisa was upset and puzzled. Stealing didn’t seem like something Sarah would do. Sometimes people do not realize the consequences of this crime.

Источник

Задание №6421.
Чтение. ЕГЭ по английскому

1. Capital Punishment
2. Shoplifting
3. Crime Prevention
4. Kidnapping
5. Frightening Changes
6. Long-Term Effect
7. Virtual Crime
8. Guilty or Not Guilty?

Показать ответ

Источник: ЕГЭ-2018, английский язык: 30 тренировочных вариантов для подготовки к ЕГЭ. Е. С. Музланова

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Грамматическая тема: Способы выражения нереальности в английском языке. Употребление форм сослагательного наклонения в придаточных предложениях цели с союзом so that, в придаточных предложениях сравнения с союзами as if, as though.

Text

TREATMENT OF CRIMINALS

Подберите к каждому разделу текста заголовок из списка, приведенного ниже:

· Rehabilitative programs

· Psychiatric and case-study methods

· Bentham approach

· Neoclassical school

· Preventive approach

(1) Various correctional approaches developed in the wake of causation theories. The old theological and moralistic theories encouraged punishment asretribution by society for evil. This attitude, indeed, still exists. The 19th-century British jurist and philosopher Jeremy Bentham tried to make the punishment more precisely fit the crime. Bentham believed that pleasure could be measured against pain in all areas of human choice and conduct and that human happiness could be attained through such hedonic calculus. He argued that criminals would be deterred from crime if they knew, specifically, the suffering they would experience if caught. Bentham therefore urged definite, inflexible penalties for each class of crime; the pain of the penalty would outweigh only slightly the pleasure of success in crime; it would exceed it sufficiently to act as a deterrent, but not so much as to amount to wanton cruelty. This so-called calculus of pleasures and pains was based on psychological postulates no longer accepted.

(2)The Bentham approach was in part superseded in the late 19th and early 20th centuries by a movement known as the neoclassical school. This school, rejecting fixed punishments, proposed that sentences vary with the particular circumstances of a crime, such as the age, intellectual level, and emotional state of the offender; the motives and other conditions that may have incited to crime; and the offender’s past record and chances of rehabilitation.The influence of the neoclassical school led to the development of such concepts as grades of crime and punishment, indeterminate sentences, and the limited responsibility of young or mentally deficient offenders.

(3)At about the same time, the so-called Italian school stressed measures for preventing crime rather than punishing it. Members of this school argued that individuals are shaped by forces beyond their control and therefore cannot be held fully responsible for their crimes. They urged birth control, censorship of pornographic literature, and other actions designed to mitigate the influences contributing to crime. The Italian school has had a lasting influence on the thinking of present-day criminologists.

(4)The modern approach to thetreatment of criminals owes most to psychiatric and case-study methods. Much continues to be learned from offenders who have been placed on probation or parole and whose behavior, both in and out of prison, has been studied intensively. The contemporary scientific attitude is that criminals are individual personalities and that their rehabilitation can be brought about only through individual treatment. Increased juvenile crime has aroused public concern and has stimulated study of the emotional disturbances thatfoster delinquency. This growing understanding of delinquency has contributed to the understanding of criminals of all ages.

(5)During recent years, crime has been under attack from many directions. The treatment and rehabilitation of criminals has improved in many areas. The emotional problems of convicts have been studied and efforts have been made to help such offenders. Much, however, remains to be done. Parole boards have engaged persons trained in psychology and social work to help convicts on parole or probation adjust to society. Various states have agencies with programs of reform and rehabilitation for both adultand juvenile offenders.

Many communities have initiated concerted attacks on the conditions that breed crime. Criminologists recognize that both adult and juvenile crime stem chiefly from the breakdown of traditional social norms and controls, resulting from industrialization, urbanization, increasing physical and social mobility, and the effects of economic crises and wars. Most criminologists believe that effective crime prevention requires community agencies and programs to provide the guidance and control performed, ideally and traditionally, by the family and by the force of social custom. Although the crime rate has not drastically diminished as a result of these efforts, it is hoped that the extension and improvement of all valid approaches to prevention of crime eventually will reduce its incidence.

РАБОТА НАД ТЕКСТОМ

Упражнение 1.Переведите на русский язык предложения, выделенные в

тексте.

Упражнение 2.Найдите в тесте английские эквиваленты следующим

словам и выражениям:

1. бессмысленная жестокость

2. досрочное освобождение

3. общественные организации

4. ограниченная ответственность

5. освобождение на поруки

6. порождать преступление

7. преступления, совершенные несовершеннолетними

8. привлекать внимание общественности

9. совет по условно-досрочному освобождению

10. упадок традиционных общественных норм

Упражнение 3.Дайте русские эквиваленты следующим типам наказаний:

· Capital punishment

· Community service

· Fixed penalty fine

· Life imprisonment

· Probation

· Short-term imprisonment

· Suspended sentence

· Long-term imprisonment

Упражнение 4.Изучите ниже приведенный список правонарушений.

Расположите их по степени тяжести по шкале от 1 до 10

(1- наименее тяжкое правонарушение).

driving in excess of the speed limit

drinking and driving

malicious wounding (e.g. stabbing someone in a fight)

murdering a child

causing death by dangerous driving

smoking marijuana

selling drugs (such as heroin)

stealing $1,000 from a bank by fraud

stealing $1,000 worth of goods from someone’s home

rape

grievous bodily harm (almost killing someone)

shop-lifting

stealing $1,000 from a bank by threatening the staff with a gun

Упражнение 5.Прочтите короткие тексты, содержащие примеры

правонарушений. Ответьте на следующие вопросы:

Was justice done?

If you were the judge, what other facts and circumstances would you like to be informed of?

If you were the judge, would you give a different sentence?

How would you have felt if you had been the victim of the crime?

How would you have felt if you had been the defendant?

Crime of Passion

Bernard Lewis, a thirty-six-old man, while preparing dinner became involved in an argument with his drunken wife. In a fit of a rage Lewis, using the kitchen knife with which he had been preparing the meal, stabbed and killed his wife. He immediately called for assistance, and readily confessed when the first patrolman appeared on the scene with the ambulance attendant. He pleaded guilty to manslaughter. The probation department’s investigation indicated that Lewis was a rigid individual who never drank, worked regularly, and had no previous criminal record. His thirty-year-old deceased wife, and mother of three children, was a”fine girl” when sober but was frequently drunk and on a number of occasions when intoxicated had left their small children unattended. After due consideration of the background of the offence and especially of the plight of the three motherless youngsters, the judge placed Lewis on probation so that he could work, support and take care of the children. On probation Lewis adjusted well, worked regularly, appeared to be devoted to the children, and a few years later was discharged as “improved” from probation.

Murder

In 1952 two London youths decided to rob a dairy. They were Christopher Craig, aged 16, and Derek William Bentley, 19. During the robbery they were disturbed by Sydney Miles, a policeman. Craig produced a gun and killed the policeman. At that time Britain still had the death penalty for certain types of murder, including murder during a robbery. Because Craig was under 18, he was sentenced to life imprisonment. Bently who had never touched the gun, was over 18. He was hanged in 1953. The case was quoted by opponents of capital punishment, which was abolished in 1965.

Shop-lifting

In June 2002 Lady Isabel Barnett, a well-known TV personality was convicted of stealing a tin of tuna fish and a carton of cream, total value 87p, from a small shop. The case was given enormous publicity. She was fined 75 pounds and had to pay 200 pounds towards the cost of the case. A few days later she killed herself.

Bank Robbery

Klaus Schmidt, 41, burst into a bank in Berlin, Germany, waved a pistol, and screamed, “Hand over the money!” The staff asked if he wanted a bag, to which he replied, “Damn right it’s a real gun!” Guessing Schmidt was deaf, the manager set off the alarm, saying later, “It was ridiculously loud, but he didn’t seem to notice.” After five minutes, punctuated by Schmidt’s occasionally shouting, “I am a trained killer!” police arrived and arrested him. Schmidt then sued the bank, accusing them of exploiting his disability.

Bizarre Charges

An American woman was treated by a psychiatrist, became romantically involved with him, and subsequently married him. After more than five years of marriage they divorced, at which time the woman sued her ex-husband for psychiatric malpractice and negligence claiming that the romantic or sexual relationship between them started before the formal psychiatric treatment ended. She contended that her ex-husband had breached the standard of care as a psychiatrist by becoming romantically involved with her, and sought punitive damages. The court rejected her claim.

Упражнение 6.Прочтите и переведите следующие выражения. Обсудите

их и подготовьте аргументы за и против:

a) An eye for an eye and a tooth for a tooth.

b) Everyone deserves a second chance.

c) Justice is nothing unless it is tempered with mercy.

Упражнение 7.Прочтите, переведите, перескажите текст и выразите свое отношение к прочитанному.

Capital punishment

Capital punishment is a legal infliction of the death penalty, in modern law, corporal punishment in its most severe form. The usual alternative to the death penalty is long-term or life imprisonment.

The earliest historical records contain evidence of capital punishment. It was mentioned in the Code of Hammurabi. The Bible prescribed death as the penalty for more than 30 different crimes, ranging from murder to fornication. The Draconian Code of ancient Greece imposed capital punishment for every offence.

In England, during the reign of William the Conqueror, the death penalty was not used. By the end of the 15^thcentury, English law recognized six major crimes :treason, murder, larceny, burglary, rape, and arson. In early American colonies the death penalty was commonly authorized for a wide variety of crimes.

The abolition of capital punishment in England in November 1965 was welcomed by most people with humane and progressive ideas. To them it seemed a departure from feudalism, from the cruel pre-Christian spirit of revenge: an eye for an eye and a tooth for a tooth. Many of these people think differently now. Since the abolition of capital punishment crime – and especially murder – has been on increase throughout Britain.

The classic moral arguments in favor of the death penalty have been biblical and call for retribution. DEFENDERS of capital punishment have also claimed that society has the right to kill in self-defense.

OPPONENTS have replied that the death penalty can be the result of a mistake in practice and that it is impossible to administer fairly.

ГРАММАТИЧЕСКИЕ УПРАЖНЕНИЯ

Упражнение 1.Выберите правильный вариант.

1. She looks so scared as if she …..(just saw, had just seen, would see) a ghost.

2. You sound as though you ….. (didn’t understand, hadn’t understood, wouldn’t understand) what you are speaking about.

3. But for the rain our trip …. (would be, would have been) more successful.

4. My friends …… (wouldn’t bee, wouldn’t have been) jealous but for my new girlfriend.

5. You look so tired as if you …. (walked, had walked) 10 miles without a stop.

6. I felt as if he ….. (were reading, had read, read) my thoughts.

7. The man spread his arms as if he ….. (wanted, had wanted) to fly.

8. We ….. (could have joined, could join) you tomorrow but our plans.

9. She spoke to me as if we ….. (had known, knew) each other for a long time.

10. The project ….. (would be finished, would have been finished) long ago but for some unforeseen circumstances.

Упражнение 2.Переведите предложения с русского языка на английский.

1. Он пошел на лекцию рано, так что он занял хорошее место.

2. Снег бил нам в лицо, так что мы едва могли видеть

3. Она сидела позади меня, так что я не мог видеть выражение ее лица

4. Он был так смущен, что с трудом понимал ее.

5. Было так жарко, что никто не хотел ничего делать

6. Мяч был таким большим, что ребенок не мог удержать его.

7. Погода была такая плохая, что самолет не мог вылететь.

Упражнение 3.Переведите предложения с английского языка на русский.

1. She spoke as though nothing had happened.

2. You answer as if you did not know this rule.

3.He spoke as if (as though) he knew this question very well.

4. They walked slowly up the stairs as if (as though) they were carrying something heavy.

5. He loved him as if he were (was) his son.

6. He looked in the direction of the entrance door as if he were (was) waiting for somebody.

7. She spoke as though nothing had happened.

8. He described the town as if (as though) he had seen it himself.

Упражнение 4.Выберите верный вариант.

1. The dog looks as if it _____ hungry.
were
had been

2. Sara cried as if something terrible _____.
happened
had happened

3. It seems as if he _____ to say something rude.
is going
were going

4. Everybody treats me as if I _____ a catching disease.
am having
had
have

5. They are talking as if they _____.
had never quarreled
never quarreled

6. She told me what to do as if she _____ everything.
knew
had known

7. The boy smiled as if he _____ something funny.
remembered
had remembered

8. I wish you _____ here. Its rather difficult to breathe.
not smoked
didn’t smoke
hadn’t smoked

9. I wish I _____ speak better Spanish.
would can
shall be able
could

10. We wish it _____ sunny and warm all year round.
is
was
were

11. The criminal wished he _____ at all.
wouldn’t be born
hadn’t been born
weren’t born

12. They shook hands as if they _____ each other for a long time.
knew
had known

13. He wishes his friends _____ to his party next weeks.
came
would come
would have come

14. I don’t understand you as though we _____ on different planets.
would live
lived

15. He smiled as if he _____ my thoughts.
can
could
would

16. They behave as if nothing _____.
happened
had happened

17. Look healthy as though you _____ jogging every morning.
would go
went
had gone

18. You sound is if you _____ a sore throat.
have
had

19. I feel so tired as if I _____ all day.
worked
had worked

20. He began to tremble as if he _____ a ghost.
saw
had seen

Упражнение 5. Откройте скобки, используя формы сослагательного наклонения после структур as if/as though:

Pattern: — Why do you always treat me as though I /to be/ a backward child of 12? – were.

1. She kept trying on hat after hat as if she /not to make up/ her mind from the very beginning which she would take.
2. He spoke French as if I/to be/ a Frenchman or /to spend/ most of my life over there.
3. She could discuss the latest novel as though she /to read/ it.
4. She spoke as if she /to know/ everyone there.
5. She behaved as if she /to graduate/ from the university long ago.
6. Nothing about Asbury stirred except his eyes. They did not appear to move on the surface but somewhere in their blurred depths there was an almost imperceptible motion as if something (to struggle) feebly.
7. Another and rather longer silence followed and he just started to wonder if this might even be one of disapproval, as if perhaps she instinctively (to sense) how far his relationship with Mrs. Palgrave might have gone, when he suddenly remembered that he had a question to ask her.
8. I felt a touch of coldness inside me, as if I suddenly (to become) aware of the eyes of some dangerous creature.

Glossary

бессмысленная жестокость	senseless cruelty
досрочное освобождение	an early release
общественные организации	public organizations
ограниченная ответственность	limited liability
освобождение на поруки	clearing on bails
порождать преступление	to generate a crime
преступления, совершенные несовершеннолетними	the crimes made by minors
привлекать внимание общественности	to draw attention of the public
совет по условно-досрочному освобождению	council on conditional-early release
упадок традиционных общественных норм	decline of traditional public norms
driving in excess of the speed limit	вождение сверх ограничения скорости
drinking and driving	вождение в состоянии алкогольного опьянения
malicious wounding (e.g. stabbing someone in a fight)	нанесение побоев (например, в драке)
murdering a child	убийство ребенка
smoking marijuana	курение марихуаны
selling drugs (such as heroin)	продажа наркотиков (таких, как героин)
rape	насилие
crime of passion	преступление, совершенное в состоянии аффекта
bizarre charges	абсурдные обвинения

UNIT 12

Criminal punishment of persons who have committed crimes is one of the forms of state fight against crime. Any criminal punishment is always a restriction of the rights of convicted persons. This restriction is a sort of retribution for the crime a person committed. If a person is convicted, the court decides on the most appropriate sentence. The facts of the offence, the circumstances of the offender, his/her previous convictions are taken into account. The more serious an offence is, the stricter a penalty should be.

But in any case, the responsibility of the court is to impose an exact and just punishment relevant to the gravity of a crime. The more just the punishment is, the greater is the possibility of a person’s reformation. The defense lawyer may make a speech in mitigation on behalf of the offender.

There are the following basic penalties: deprivation of liberty — imprisonment for a certain period of time or life imprisonment, exile, fines or public censure. Capital punishment is usually used only as an exceptional measure when an especially grave crime was committed. The list of such crimes is not long and it is strictly determined by law. There are quite a lot of countries where death penalty prohibited.

Notes

to restrict– ограничивать

restriction– ограничение

to convict– осуждать

retribution – кара

to prevent – предотвращать

prevention – предупреждение

preventive measures – превентивные меры

relevant (to)– относящийся к

to deprive – лишать

deprivation – лишение

exile – ссылка

arson – поджог

shoplifting – кража в магазинах

blackmail – шантаж

smuggling – контрабанда

forgery – подлог

fraud – мошенничество

terrorism – терроризм

vandalism – вандализм

murder– предумышленное убийство

2. Read the text again to answer the following questions:

1. What kinds of penalties are mentioned in the text?

2. What is considered as criminal offence?

3. When is the death penalty used?

4. What is considered to be the toughest punishment?

5. What are the basic penalties?

6. Are there some countries where death penalty is prohibited?

3. Translate the following words and word combinations from English into Russian:

murder, restrict, to convict, prevention, retribution, to prevent, preventive measures, shoplifting, relevant, fraud, to deprive, arson, blackmail, smuggling, forgery, death penalty, terrorism, conviction, liberty, serious offence, circumstances, strictly, imprisonment.

4. Find the English equivalents for the following words and phrases:

лишение свободы, уголовное наказание, общественное порицание, особо тяжкие преступления, смертная казнь, перечень преступлений, основные наказания, судимость, ссылка, штраф, ограничение, обстоятельства, наказание, правонарушитель.

kinds

penalty

an offence (a crime) – правонарушение

a lawbreaker (a criminal) – правонарушитель

a victim — жертва

a suspect — подозреваемый

minor (petty) offences – мелкие правонарушения

a felony – тяжкое уголовное преступление

a misdemeanor – мелкое преступление

a murder – убийство

a brutal (cold-blooded) murder – жестокое (хладнокровное) убийство

serial murders – серийные убийства

a manslaughter – непредумышленное убийство

homicide – убийство человека

premeditated homicide – преднамеренное убийство

burglary – квартирная кража со взломом

stealing – воровство

armed robbery – вооруженное ограбление

an auto theft – автомобильная кража

shoplifting – магазинная кража

a fraud – мошенничество

a wire fraud – электронное мошенничество

a cyber crime — кибер-преступление

a white-collar crime – должностное преступление

an arson — поджог

mugging – уличное хулиганство

vandalism — вандализм

kidnapping –похищение человека

sexual assault (rape) – изнасилование

gang rape – групповое изнасилование

a child abuse – жестокое обращение с ребенком

domestic violence — домашнее насилие

drug dealing – торговля наркотиками

a massacre – кровавая резня

pick-pocketing – карманная кража

money laundering – отмывание денег

bribery – взяточничество

battery – нанесение побоев

hi-jacking – угон самолета

illegal parking – незаконная парковка

a traffic violation – нарушение дорожного движения

speeding – превышение скорости

drunken driving – вождение в нетрезвом состоянии

blackmailing – вымогательство

smuggling – контрабанда

forgery – фальсификация

a trespassing – незаконное проникновение

slander – клевета

conspiracy – тайный сговор

an assassination – убийство видного общественного деятеля

terrorism – терроризм

treason – государственная измена

espionage – шпионская деятельность

to commit a crime – совершить преступление

to accuse of stealing – обвинять в воровстве

to charge with a crime – обвинять в преступлении

to question someone – допрашивать кого-либо

to investigate – расследовать

to arrest – арестовать

to sentence to imprisonment – приговорить к тюремному заключению

to send to prison – отправить в тюрьму

guilty – виновный

innocent — невиновный

Punishments (наказания) :

incarceration – лишение свободы

life imprisonment – пожизненное заключение

a suspended sentence – условноеосуждение

a concurrent sentences – совпадающие приговоры

capital punishment – высшая мера наказания

death penalty – смертный приговор

probation – условное освобождение

community service – общественно-полезная работа

a fine – штраф

a warning – предупреждение

disqualification from driving – лишение водительских прав

crime

Виды преступлений и наказаний (Crime and punishment) — 5.0 out of
5
based on
27 votes

Тип урока: комбинированный

Цели урока:

Практическая: формирование
коммуникативной компетенции; краткое
ознакомление с уголовным кодексом;
Образовательная: семантизация
лексического материала по теме ”Crimes and Punishment”;
Развивающая: развитие кругозора и эрудиции
учащихся; развитие нравственной и гражданской
позиции; развитие навыков самоконтроля и
самостоятельной работы; развитие эмоциональной
и мотивационной сферы личности.
Воспитательная: способствовать осмыслению
необходимости изучения прав и обязанностей
граждан, законов в современном мире; воспитывать
культуру общения.

Задачи: закрепить лексические
единицы, изученные ранее по теме “Crime & Punishment”,
повысить мотивацию к изучению английского языка.

Оборудование к уроку: ноутбук,
проектор, экран, CD-проигрыватель, раздаточный
материал (ответные листы), приложение.

Ход урока

1. Организационный момент. Введение в новую
тематику.

Teacher: Let’s begin our lesson. Today we are going to speak about different
kinds of crimes. Here you can see a few photos from newspapers. I’d like you to read
them and choose the one which is connected with a crime, giving an opinion.

What is the connection between the pictures?
Would you like to be a judge? Why/ Why not?
What do you know about the prison system in our & other countries?

2. Речевая разминка.

а) Фронтальная работа

Teacher: As we are speaking about crimes, criminals and laws I want you to
express your opinion and give your arguments “for” and “against” the following
ideas written on the blackboard.

Crime is inevitable in any society.

The number of crimes committed in the society shows the state of it.

The reason of many crimes committed by people is poverty.

Don’t forget to use some linking devices:

First of all, Secondly, Moreover, Besides, Finally

Time for discussion 3-4 min.

3. Развитие навыков аудирования.

Pupils listen to monologues of 6 young people about crimes and match them with the
statements.

A. I feel frustrated about the increase in crime.

B. I think there should be stricter punishments for criminals.

C. We need to fight crime as a community.

D. Crime is being fought, but not in the right ways.

E. I don’t worry too much about crime where I live.

F. It’s important to try to reduce certain kinds of crime.

G. I am concerned about my personal safety.

Answers: CEGABF

4. Отработка нового лексического
материала.Word formation.

Stop Press

Frank Turner, the (accuse)……in a trial that has attracted national
attention, was today convicted of murder. The police (investigate)…….lasted for
a year and during the trial over 100 hours of (evidence)…….were heard.
Turner’s (law)……had all argued that he was not in the area at the time, but
could not provide the necessary (prove)…… Police described Turner as a
well-known (theft)…… who was responsible for many (rob)…….in the
local region. This is not Turner’s first (convict)…….Seven years ago, he was
found guilty of (forge)…… and served three years in prison. The judge is
expected to sentence Turner to a period of (prison)…….later this week.

Answers: accused; investigation; evidence; lawyers; proof; thief;
robberies; conviction; forgery; imprisonment.

5. Teacher: Read the sentences and then use the words in bold to complete
the sentences below.

Capital punishment is punishment by death. Techniques include the electric chair,
the gas chamber, hanging and lethal injection.

Some people believe that capital punishment acts as a deterrent. This means they
think it stops people committing murder.

The serial killer was sentenced to life imprisonment.

The police think I committed the burglary! I’m going to have to get a lawyer/solicitor.

She was arrested on suspicion of fraud, and later was officially charged with
the crime.

The court case lasted for three months before the jury found him guilty.

Judge: How do you plead?

The accused: Guilty, your Honour.

The jury found him not guilty, but nobody really thinks he is innocent.

There is lots of evidence that he did it –his fingerprints were all over the
gun, for example.

Having served 15 years in prison, Mason is to be released next week.

My lawyer advised me to……guilty, but I’m not going to. I’m innocent!
People imprisoned for life are usually ……after about 20 years.
My……has instructed me not to discuss this case with reporters.
The suspect was released without being charged due to lack of……
No European country supports……Most Europeans think it’s barbaric.
Losing your driving license would be a good……against drinking and driving.
I’m buying a new suit. My……at the County Court starts on Monday.
I can’t believe the police have……Jane with embezzlement. They must have made a
mistake.
Can you imagine being sentenced to ……and knowing you have to spend the rest of your
life behind bars?
The foreman of the jury read out the verdict. “……,” he said.

Answers: 1. plead; 2. released;3. lawyer/solicitor; 4. evidence; 5. capital
punishment; 6. deterrent; 7. case; 8. charged; 9. life imprisonment; 10. Not guilty

6. Развитие навыков поискового
чтения (с общим пониманием)

Match the headlines A-H with Texts 1-7.One headline is extra.

A. Capital Punishment

B. Shoplifting

C. Crime Prevention

D. Kidnapping

E. Frightening Changes

F. Long-Term Effect

G. Virtual Crime

Y. Guilty or not Guilty?

The presumption of innocence is a legal right that the accused in criminal trials has in
many modern countries. The burden of proof is thus on the prosecution. It has to collect
and present enough compelling evidence to convince the jury of the fact that beyond a
reasonable doubt the accused has broken the law. In case of remaining doubts, the accused
is to be acquitted.
Sarah and Lisa always enjoyed hanging out at the mall. But one Saturday, after shopping
for jeans, Sarah pulled a new shirt out of her bag. Lisa didn’t remember seeing her buy
it. “I didn’t,” Sarah told her. “I lifted it.” Lisa was upset and puzzled.
Stealing didn’t seem like something Sarah would do. Sometimes people do not realize the
consequences of this crime.
Even families living in so-called “safe” neighborhoods are concerned. They may feel
safe today, but there is always a reminder that violence can intrude at any moment. Polly
Klaas and her family no doubt felt safe in Petaluma, California. But on October 1, 1993,
she was abducted from her suburban home during a sleepover. If she can be abducted and
murdered, so can nearly any other child.
The Internet is a great place to find information, make friends, keep in touch with
others, and do business. There always are other sides as long as there is a criminal
element. As our world becomes more computerized and ever more interconnected, different
kinds of computer crimes will continue to grow. These include break-ins of computers to
get trade secrets or illegal entry for the thrill and challenge.
Movie violence these days is louder and bloodier than ever before. When a bad guy was
shot in a black-and-white Western, the most we saw was a puff of smoke and a few drops of
fake blood. Now the sights, sounds, and special effects often jar us more than the real
thing. Slow motion and pyrotechnics conspire to make movies and TV shows more gruesome
than ever.
University of Illinois psychologist Leonard Eron studied children at age eight and then
again at eighteen. He found that television habits established at the age of eight
influenced aggressive behavior through childhood and adolescent years. The more violent
were the programs preferred by boys in the third grade, the more aggressive was their
behavior, both at that time and ten years later.
In the debate about execution and human dignity, supporters and opponents of the death
penalty have found very little common ground. Since the 18^th century, those who
wish to abolish the death penalty have stressed the significance of requiring governments
to recognize the importance of each individual. However, supporters of this penal practice
see nothing wrong with governments deliberately killing terrible people who commit
terrible crimes.

Answers: HBDGEFA

7. Teacher: Let’s check your hometask. You were to read the text
“Corruption” and to choose the right answers in the task. What type of crime is
described here?

Answers: 3412231

8. What types of criminals do you remember?

Who is a shoplifter, a robber, a vandal…?

Примерные ответы учащихся:

А thief is someone who takes things which do not belong to them.
An arsonist is someone who sets fire to property on purpose.
A kidnapper is someone who takes a person by force and demands a ransom.
A mugger is someone who attacks people in the street in order to steal something.
A burglar is someone who breaks into people’s houses to steal things.
A murderer is someone who kills somebody on purpose
A hijacker is someone who uses force to take control of a plane.
A vandal is someone who damages property on purpose
A forger is someone who forges documents, paintings, etc.
A robber is someone who steals something from shops, banks, etc.
A shoplifter is someone who steals something from shops.

9. Look at the text and complete the exercise. You also have this exercise on your
sheets of paper.

The Criminal They Can’t Lock Up

Burgar, 14, walks free for 33^rd time

Britain’s most persistent young burglar walked free for the 33^rd time
yesterday.

Two hours later the politicians promised to take action against tearaways who the law
says are too young to be locked up.

Youngsters aged between 12 and 15 who repeatedly 1……… crimes will
be held in ten new “secure training centres” for up two years.

The 14-year-old, in 2……….. yesterday, was responsible for a mini
crime wave near his home totaling $58,000. As he was releasing his worried mother said:
“I really thought he would have been locked away. I’m worried that he’ll be out 3………..
it again before the week’s out”.

Her son had stolen clothes worth $ 28,000 and dropped into the same branch of one
particular shop three times in one week. He played with the laces of his $ 100 trainers as
the court heard he had also 4……….. his local chemist’s at least six
times.

Before one raid a shop assistant was even handed his “calling card” marked with his
initials and advising: “Ring the police”.

The boy, who cannot be identified for law reasons, 5……….. seven
charges of burglary and asked for another 24 to be taken into 6………

The court heard he was too young to be remanded in custody and that there was no place
for him in secure accommodation.

The boy’s mother added after the trial: “I just find it astonishing that nowhere
can be found for him. I’ve warned him he’s living on borrowed time. I’ve tried –
but I can’t 7……….. him”.

A commit B do C make D practice

A trial B court C dock D cell

A making B taking C burgling D doing

A taken B stolen C burgled D shoplifted

A denied B admitted C confessed D accused

A consideration B thought C mind D understanding

A check B control C limit D prevent

Answers: ABDDBAB

10. Teacher: Here are some sentences from a discursive composition about
capital punishment. What is the purpose of each sentence? Write a letter from the box next
to each sentence.

A introducing the topic E presenting a disadvantage

B giving opinion F presenting two opposing points of view

C giving an example G presenting a conclusion

D presenting an advantage

For instance, the majority of people executed for murder in the United States are black.
To sum up, there is little evidence that capital punishment acts as a deterrent.
I would argue that there is no place for capital punishment in a humane, civilized
society.
Capital punishment is an extremely controversial issue.
Secondly, when a murderer is executed, the family of the victim often feel that justice
has been done.
Finally, there have been many occasions throughout history when innocent people have
been executed.
Firstly, it is said that capital punishment sends a message to society that murder will
not be tolerated, but it also clearly sends the message that is acceptable in certain
circumstances.

Answers: CGBADEF

11 Teacher: Now, you’ll listen to some articles from a criminal code. Try
to understand and find a translation.

Article 105. Murder

Murder is the intentional killing of another person.
It shall be punishable with imprisonment for a term of six to fifteen years.

Article 158. Theft

Theft shall be punishable by a fine in the amount of 200 to 700 minimum wages or in the
amount of the wage or salary or any other income of the convicted person for a period of
two to seven months, or by compulsory work for a term of 180 to 240 hours or by
deprivation of liberty for a term of up to three years.

Article 162. Robbery with Violence

Robbery committed using violence which threatens human life and health or with the
threat of using such violence, shall be punishable by deprivation of liberty for a term of
three to eight years, with confiscation of property or without such confiscation.

Статья 162. Разбой

Разбой, совершенный с применением насилия,
опасного для жизни или здоровья, либо с угрозой
применения такого насилия, наказывается
лишением свободы на срок от трех до восьми лет со
штрафом в размере до пятисот тысяч рублей или в
размере заработной платы или иного дохода
осужденного за период до трех лет либо без
такового.

Статья 105. Убийство

Убийство, то есть умышленное причинение смерти
другому человеку, наказывается лишением свободы
на срок от шести до пятнадцати лет.

Статья 158. Кража

Кража, то есть тайное хищение чужого имущества,
наказывается штрафом в размере до восьмидесяти
тысяч рублей или в размере заработной платы или
иного дохода осужденного за период до шести
месяцев, либо обязательными работами на срок до
ста восьмидесяти часов, либо лишением свободы на
срок до двух лет.

(Уголовный кодекс Российской Федерации)

12 Teacher: Your hometask will be to write an essay “The crime rate in our
city is too high and extreme measures should be taken to reduce it”.

Appendix Text for reading. Task № 9

Corruption

Sharon had marched up to my desk, obviously furious, and demanded “a word outside”.
At that moment I was just curious to find out what had bothered her so much. I followed
her outside. “I’ve just paid a little visit to our old friend Fat Mickey,” she said,
“to put some pressure on him about last year’s Renfrew robbery, and he says you took
some cash to “lose” some evidence. Well?

If I’d known what was coming. I could have reacted better, but I’d been caught
completely off guard and I knew it showed. “It’s a lie,” I said, as coolly as I
could. “He’s a criminal and will say anything.” I hoped I sounded convincing but she
was looking straight at me with her sharp blue eyes and I left like a schoolboy in trouble
with the headmaster. I leaned back against the wall trying to look like I didn’t have a
care in the world, despite the fact that I was having difficulty breathing and I could
feel the beads of sweat gathering on my forehead.

Sharon was a woman I’d always admired. A tough detective and a very good one, too. It
wasn’t easy for a woman to make it as a detective and earn the respect of all her
colleagues. But it hadn’t been easy for me either, a boy from the poorest area in
Glasgow. I was a good detective, one of the best, in fact, and I’d only ever made one
mistake – taking money from Mickey. It had been just after I had split up with my wife
and I was badly in debt. I had never done anything like it before and I never intended to
do it again.

Now, as Sharon confronted me, I felt small, ugly and very guilty. I also felt

annoyed with her at the moment. What made her so perfect? Had she never put a foot
wrong anywhere? Ever? My mind raced as I tried to decide what to do. Should I tell the
truth, explain what had happened and hope she’d take my side? Or should I just brush off
the accusation and pray she didn’t tell anyone? I had no idea if this conversation could
finish off my promising career as a police officer or not.

At the end of the day it would all come down to my word against Mickey’s and he was
just a cheap criminal. But I didn’t want people whispering behind my back, wondering if
it were true, whether I really was a corrupt officer off the law. If word goes out, this
would always be on my record. Once your superiors had lost confidence in you it was almost
impossible to get it back and I didn’t want to lose my chance of further promotion.
I’d already made it to detective inspector and I saw no reason why I couldn’t go
higher. Except now there was Mickey’s betrayal casting a dark shadow over my dreams.

I shrugged my shoulders and attempted a cheeky grin at Sharon. “You’re the last
person I expected to believe Mickey. I should be offended,” I said. She laughed, but it
was an empty laugh and it didn’t reach her cold eyes. “I didn’t believe him. Until
now, that is. It’s a shame really, because you were always the one person in the station
that I looked up to. I thought you were very honest and I’ve just lost a little more
faith in humanity,” she said. “But don’t worry, your dirty little secret is safe
with me.”

As I watched her turn around and go back into the station, I finally managed to take a
deep breath. Of course, I was very relieved that she wouldn’t talk and I trusted her
because I knew that, unlike me, she really was an honest person. But her words had
affected me deeply. I had lost her respect forever. I would be able to hold my head high
with everyone in the station, apart from her. Even if I ever did manage to get the
promotion I longed for, there would always be one person who knew I didn’t deserve it.

A15 Sharon was angry because

Fat Mickey was threatening her
she found out the writer had put her in danger
she thought the writer may have harmed the case
she had been tricked by Fat Mickey

A16 When the writer says “I’d been caught completely off guard” in paragraph
two, he means he

reacted wrongly
was seeing doing wrong
wasn’t feeling confident
was taken by surprise

A17 When Sharon made her accusation the writer

was afraid that he looked guilty
managed to persuade her that he was innocent
didn’t try to defend himself
succeeded in staying calm

A18 In the third paragraph, the writer implies that his mistake

was Sharon’s fault
should be forgiven
hadn’t hurt anyone
ended his marriage

A19 The writer was worried that

he would lose his job
his colleagues would lose their trust in him
Mickey would try to hurt him
Sharon’s career would be affected

A20 In paragraph six, Sharon shows that she

still admired the writer
would reveal what she knew
felt disappointed with the writer
believed the writer was innocent

A21 After his conversation with Sharon, the writer

knew she would never trust him again
was relieved that she would forgive him
knew that he would never be promoted
felt very annoyed with her

Список используемой литературы

Ю.С. Веселова 11 класс Английский язык. Сборник
тренировочных и проверочных заданий (в формате
ЕГЭ). 2009
Olga Afanasyeva, Virginia Evans, Victoria Kopylova “Practice Exam Papers for the
Russian National Exam”; Express Publishing, 2011
Malcolm Mann, Steve Taylore-Knowles “Grammar and Vocabulary. Exam Skills for
Russia”. Macmillan, 2010
Malcolm Mann, Steve Taylore-Knowles “Reading and Writing. Exam Skills for Russia”.
Macmillan, 2010
Е.С. Музланова. Английский язык.
Экспресс-репетитор для подготовки к ЕГЭ. Чтение.
Издательство Астрель, 2010
The Criminal Code of the Russian Federation, Copyright, 2009 (на английском
и русском языках)

Источник

From Academic Kids

Presumption of innocence is an essential right that the accused enjoys in criminal trials in all countries respecting human rights. It states that the accused is presumed to be innocent until it has been declared guilty by a court. The burden of proof is thus on the prosecution, which has to convince the court of the guilt of the accused.

Conversely, in many authoritarian regimes, the prosecution case is, in practice, believed by default unless the accused can prove he is innocent — presumption of guilt.

A fundamental right

This right is so important in modern democracies that many have explicitly included it in their legal codes and constitutions:

In France, article 9 of the Declaration of the Rights of Man and of the Citizen, of constitutional value, says «Every man is supposed innocent until having been declared guilty.» and the preliminary article of the code of criminal procedure says «any suspected or prosecuted person is presumed to be innocent until his guilt has been established». The jurors’ oath reiterates this assertion.

Although the Constitution of the United States does not cite it explicitly, presumption of innocence is widely held to follow from the 5th, 6th and 14th amendments. See also Coffin v. United States

The Universal Declaration of Human Rights, article 11, states: Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defence.

The Convention for the Protection of Human Rights and Fundamental Freedoms of the Council of Europe says (art. 6.2): «Everyone charged with a criminal offence shall be presumed innocent until proved guilty according to law.». This convention has been adopted by treaty and is binding on all Council of Europe members, including all members of the European Union.

The presumption of innocence in practice

Few systems have had, de jure, presumption of guilt. Accusations of presumption of guilt generally do not imply an actual legal presumption of guilt, but rather denounce some failures in ensuring that suspects are treated well and are offered good defense conditions. Typical infringements follow:

In some systems, suspects may be held on long periods on remand, while inquiries proceed. Such long imprisonment constitutes, in practice, a hardship and a punishment for the suspect, even though he or she has not yet been sentenced.
Courts may have a racist bias, in which a suspect of certain «inferior» ethnic groups is by default considered to be probably guilty. Conversely, a person of a «superior» group suspected of having committed a crime on a person of an «inferior» group may be supposed, by default, to have acted in self-defense. This was, for instance, the case in southern states of the United States of America when these had institutional segregation.
Courts may prefer the testimonies of persons of certain ethnic groups, gender, or professions over those of others, regardless of actual circumstances. For instances, courts may by default believe the version of police officers. This is especially prevalent in the United States in situations where the only witnesses are the defendant and the apprehending police officer.
In Europe, prior to the French Revolution, it was common that justice could have suspects tortured so as to extract a confession from them. Even though the suspects were not, at this point, legally guilty, they were exposed to considerable pain, often with lasting physical consequences.

Guaranteeing the presumption of innocence extends beyond the judicial system. For instance, in many countries journalistic codes of ethics state that journalists should refrain from referring to suspects as though their guilt was certain. Also, while journalists may refer to suspects as «suspects» or «defendants», publishing of the prosecution’s case without proper defense argumentation may in practice constitute presumption of guilt. Publishing a roster of arrested suspects may constitue undeserved punishment for them, since it in practices ruins the reputation of those people without an actual conviction.

Modern practices aimed at curing social ills may run against presumption of innocence. Some civil rights activists feel that pre-employment drug testing, while legal, violates this principle, as potential employees are presumed to be users of illegal drugs, and must prove themselves innocent via the test. Similarly, critics argue that some dispositions of laws against sexual harassment or racial discrimination show a presumption of guilt. These dispositions were meant to ease the burden of proof on the victim, since in practice harassment or discrimination practices are hard to prove.

Differences between legal systems

A common opinion held in countries based on common law is that in civil law or inquisitorial justice systems, the accused does not enjoy a presumption of innocence. This idea results from the fact that in most civil law nations, an investigating magistrate supervises police investigations. To common law countries with adversarial systems, the civil law criminal justice system appears to be hopelessly biased, since the judge should remain as impartial as possible. However the magistrate does not determine innocence or guilt and functions much as a grand jury does in common law nations.

In the view of supporters of the inquisitorial system, the inquisitorial system is less biased than the adversarial system, since the judge supervising the case is independent and bound by law to direct his enquiry both in favor or against the guilt of any suspect, compared to a prosecutor in an adversarial system, who will only look for evidence pointing to guilt and whose re-appointment may depend on the number of successful prosecution he has brought. Many in civil-law countries such as those of continental Europe consider that the US system of justice, for instance, is biased against poor defendants, who cannot afford to pay for expensive lawyers to contradict the accusation.

External links

The History of Presumed Innocence (http://web.archive.org/web/20030216230239/%68ttp://www.talkleft.com/archives/001907.html)
Guilty Men (http://www1.law.ucla.edu/~volokh/guilty.htm), by Alexander Volokh
Coffin v. United States, 156 U.S. 432; 15 S. Ct. 394 (http://www.constitution.org/ussc/156-432.htm)

de:Unschuldsvermutung
fr:Pr�somption d’innocence
ja:推定無罪

Источник

Wikipedia0.0 / 0 votesRate this definition:

Presumption of innocence

The presumption of innocence is the legal principle that one is considered innocent unless proven guilty. It was traditionally expressed by the Latin maxim ei incumbit probatio qui dicit, non qui negat (“the burden of proof is on the one who declares, not on one who denies”).
In many states, presumption of innocence is a legal right of the accused in a criminal trial, and it is an international human right under the UN’s Universal Declaration of Human Rights, Article 11. Under the presumption of innocence, the legal burden of proof is thus on the prosecution, which must collect and present compelling evidence to the trier of fact. The trier of fact (a judge or a jury) is thus restrained and ordered by law to consider only actual evidence and testimony presented in court. The prosecution must, in most cases prove that the accused is guilty beyond reasonable doubt. If reasonable doubt remains, the accused must be acquitted.
Under the Justinian Codes and English common law, the accused is presumed innocent in criminal proceedings, and in civil proceedings (like breach of contract) both sides must issue proof.

How to pronounce presumption of innocence?

How to say presumption of innocence in sign language?

Numerology

Chaldean Numerology

The numerical value of presumption of innocence in Chaldean Numerology is: 8
Pythagorean Numerology

The numerical value of presumption of innocence in Pythagorean Numerology is: 8

Examples of presumption of innocence in a Sentence

Cindi Duchow:

Our current bail system is not properly balancing public safety and the presumption of innocence, we should empower judges and court commissioners to set common-sense, constitutional parameters for pre-trial release.
Senator Paul:

Yesterday the Saudi foreign minister chose to lecture me on television about the Jamal Khashoggi murder, he said my opinion was based on emotion and speculation and that we should presume innocence for the crown prince. My response to him is that it takes a lot of damn gall for Saudi Arabia, with a dictatorship with 3,000 political prisoners held without trial, to lecture the US on the presumption of innocence.
Pete Buttigieg:

Democrats inference that Donald Trump is guilty because Donald Trump does not voluntarily permit Donald Trump deputies to testify hasrankled Republicans, who assert the importance of the presumption of innocence. Joe Biden then knocked Trumps argument that less than half of Americans support Joe Biden removal from office. Hes dumbing down the presidency beyond what I even thought Joe Biden would do, Joe Biden said. We need to restore the integrity of the presidency. Democratic presidential candidates from left, entrepreneur Andrew Yang, South Bend Mayor South Bend Mayor Pete Buttigieg, Sen. Elizabeth Warren, D-Mass., former Vice President Joe Biden, Sen. Bernie Sanders, I-Vt., Sen. Amy Klobuchar, D-Minn., and businessman Tom Steyer stand on stage during a Democratic presidential primary debate Thursday, Dec. 19, 2019, in Los Angeles. ( Associated Press) Later, Democrats largely defended Trumps breakthrough U.S.-Mexico-Canada Agreement, which White House passed hours earlier. However, candidatesrailed against Trumps economy, despite multipleindicators that the economy is doing well. The U.S. unemployment rate stands at a half-century low of 3.5 percent, backed by consistently strong job gains in recent months that have largely squelched fears of a recession that had taken hold over the summer. This economy is not working for most of us, the middle class is getting killed, Joe Biden added. Joe Biden said the economy was not.
Jose Baez:

I think this case is testing the presumption of innocence in our country, and you have a man who needs to stand trial for these specific acts, and he should be entitled to the same presumption as anyone else, and whenever you have a frontal assault like that, I think it’s important, for not only the members of our judiciary, but as all of us who work in the justice system and in the press who cover it, to constantly enforce and reinforce and maintain that presumption of innocence, because it’s a threat to us all.
Susan Collins:

Some of the allegations levied against Judge Kavanaugh illustrate why the presumption of innocence is so important, i am thinking in particular not of the allegations raised by Professor Blasey Ford, but of the allegation that, when Blasey Ford was Blasey Ford, Judge Kavanaugh drugged multiple girls and used their weakened state to facilitate gang rape.

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Are we missing a good definition for presumption of innocence? Don’t keep it to yourself…

Источник

1 Definition
2 When is the Presumption of Innocence Triggered?
3 International Legal Framework
- 3.1 International Instruments
  - 3.1.1 1. The Universal Declaration of Human Rights (UDHR)
  - 3.1.2 2. International Covenant on Civil and Political Rights (ICCPR)
  - 3.1.3 Non Derogability
- 3.2 Regional Instruments
  - 3.2.1 1. American Convention on Human Rights (ACHR)
  - 3.2.2 2. African Charter on Human and People’s Rights
  - 3.2.3 3. Charter of Fundamental Rights of the European Union
  - 3.2.4 4. European Convention on Human Rights (ECHR)
4 Examples of National Instruments
- 4.1 Cambodia
- 4.2 China
- 4.3 India
- 4.4 Kenya
- 4.5 Rwanda
- 4.6 Tanzania
- 4.7 Uganda
- 4.8 Zimbabwe
5 Notes

Definition

The presumption of innocence is one of the most important and ancient rights embodied in criminal justice systems around the world. The right to be presumed innocent until proved guilty is one of those principle that influences the treatment to which an accused person is subjected from the criminal investigations through the trial proceedings, up to and including the end of the final appeal.^[1]

This principle is fundamental for the protection of human rights and must guide the prosecution as well as the defense lawyers.

In this context the term “presumption” should not be confused with the concepts of rebuttable or non rebuttable presumption. In general, a presumption is a rule which permits a court to assume that a fact is true until a preponderance of evidence disproves or outweighs (rebuts) the presumption. A presumption is rebuttable if it can be refuted by factual evidence, on the contrary, it is conclusive or irrebuttable if the presumption does not provide for a way to be disproved.

“Presumption”, in the context of the presumption of innocence, means that the burden of proving the charge is on the state. This guarantees that guilt cannot be declared until the charge has been proven by the state.^[2]

The burden of proof is entirely on the state and there is no duty on the defendant to assist the state in discharging its burden. This burden of proof applies to each and every element of the crime. In In re Winship, 397 U.S. 358 (1970), the U.S. Supreme Court made clear that the presumption of innocence is a constitutional principle which is binding on the states, saying that “the Due Process clause protects the accused against conviction except upon proof beyond reasonable doubt of every fact necessary to constitute the crime charged.”

In many countries the presumption of innocence comes with the corollary that the accused must have the right to remain silent and there must be no need for him to participate in any way to the acquisition of evidence. However, while this happens in some countries such as the United States, the presumption of innocence does not necessarily imply the right to remain silent. For instance, in France the right to remain silent is granted only during the judicial investigation,^[3] while during the investigatory detention (garde à vue) conducted by the Police such right is not envisioned.^[4]

The presumption of innocence guarantees that the accused has the benefit of doubt, which has to be declared in the final decision by a fact finder. The fact finder must ignore all pre trial evidence of guilt and determine the guilt or innocence evaluating only the evidence presented at the trial.^[5]

The presumption of innocence implies that people who are accused of a criminal act must be treated in accordance with this principle. When the circumstances require to have accused people temporarily deprived of their personal liberty they have to be separated from convicted persons, except for unusual circumstances. Defendants should normally not be shackled or kept in cages during trials or otherwise presented to the court in a manner indicating that they may be dangerous criminals. The media, moreover, should avoid news coverage undermining the presumption of innocence.

Finally, defense lawyers should, always keep in mind the presumption of innocence when representing a client. For example, a lawyer should challenge the legitimacy of any domestic provision attempting to undermine this principle. Also, counsels should attempt to anticipate weaknesses in the prosecution’s proof and consider researching and preparing corresponding motions for judgment of acquittal if the prosecution fails to produce evidence on any element of a crime. In deciding on a defense strategy, the lawyer, together with the accused, should consider whether the client’s interests are best served by not putting on a defense case, and instead relying on the prosecution’s failure to prove guilt beyond a reasonable doubt.

The lawyer should enter a plea of not guilty in all but the most extraordinary circumstances where a sound tactical reason exists for not doing so.

When is the Presumption of Innocence Triggered?

During the investigation phase, the authorities need only establish a sufficient cause to arrest, and sustain a charge. They do not need to establish the arrested’s guilt beyond a reasonable doubt. However, it is during this time that the arrested is most likely subjected to a violation of his rights, such as the right to remain silent or the right not to be forced to make any statement against himself, and therefore his right to be considered innocent until a final decision is reached.

International Legal Framework

International Instruments

1. The Universal Declaration of Human Rights (UDHR)

The UDHR is, as usual, the starting point. Article 11 (1) says that “Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defence”.

2. International Covenant on Civil and Political Rights (ICCPR)

The ICCPR is the international legal instrument which further elaborated the UDHR provision. Article 14 states that “Everyone charged with a criminal offence shall have the right: (2) to be presumed innocent until proved guilty according to law. (3)(g) Not to be compelled to testify against himself or to confess guilt”.
In General Comment n. 13,^[6] the Human Rights Committee (HRC) clarified that Article 14 aims, in all its aspects, “at ensuring the proper administration of justice” and it applies before all Courts and Tribunals. The HRC clearly stated that the presumption of innocence is fundamental to the protection of human rights, but in some countries it is expressed “in very ambiguous terms or entails conditions which render it ineffective”. The Comment clarifies that the burden of proof of the charge is on the prosecution and the accused has the benefit of doubt. No guilt can be presumed until the charge has been proved beyond reasonable doubt, and therefore all public authorities have to refrain from anticipating the outcome of trial. Further, the presumption of innocence implies a right to be treated in accordance with this principle.

A corollary of the presumption of innocence is that the accused cannot be compelled to testify against himself or to confess guilt. “In considering this safeguard the provisions of article 7 and article 10(1), should be borne in mind”, the HRC said in General Comment n. 13.
Furthermore, Article 10(2)(a) ICCPR states that “accused persons shall, save in exceptional circumstances, be segregated from convicted persons and shall be subject to separate treatment appropriate to their status as unconvicted persons.”
It is again the Human Rights Committee which, in General Comment 21,^[7] affirmed that article 10 ICCPR emphasizes the right to be presumed innocent as stated in article 14 when it provides for a different treatment for unconvicted persons, except for extraordinary circumstances.

Non Derogability

In General Comment n. 29,^[8] while interpreting article 4 ICCPR, the HRC has clarified that article 4 “is related to, but not identical with, the question whether certain human rights obligations bear the nature of peremptory norms of international law” and how it is clear “that some other provisions of the Covenant were included in the list of non-derogable provisions because it can never become necessary to derogate from these rights during a state of emergency.” According to the HRC, the category of peremptory norms extends beyond the list of non-derogable provisions as given in article 4, and includes fundamental principles of fair trial, such as the presumption of innocence.

Regional Instruments

All relevant regional human rights instruments envision the right to be presumed innocent until proven guilty.

1. American Convention on Human Rights (ACHR)

Article 8(2) of the ACHR establishes as well that “Every person accused of a criminal offense has the right to be presumed innocent so long as his guilt has not been proven according to law.”

2. African Charter on Human and People’s Rights

Article 7(b) provides that “The right to be presumed innocent until proved guilty by a competent court or tribunal.”

3. Charter of Fundamental Rights of the European Union

Article 48(1) states that “Everyone who has been charged shall be presumed innocent until proved guilty according to law.”

4. European Convention on Human Rights (ECHR)

Article 6(2) says that “Everyone charged with a criminal offence shall be presumed innocent until proved guilty according to law.”

According to the European Court of Human Rights (ECtHR) this is a right which, like other rights contained in the Convention, “must be interpreted in such a way as to guarantee rights which are practical and effective as opposed to theoretical and illusory”. The ECtHR, thus clarified that the presumption of innocence will be violated, for instance, “if a judicial decision concerning a person charged with a criminal offence reflects an opinion that he is guilty before he has been proved guilty according to law”, and it is sufficient, “even in the absence of any formal finding, that there is some reasoning suggesting that the court regards the accused as guilty.”^[9]

Examples of National Instruments

Cambodia

The accused shall be considered innocent until the court has judged finally on the case (art. 38 Constitution)

China

The client is presumed innocent until judged guilty by a People’s Court according to law (art. 12 CPL)

India

No explicit law on presumption of innocence in domestic law nor on the right to remain silent.

Kenya

An accused person enjoys the right to be presumed innocent until the contrary is proved, see, Article 50 (2)(a) of the Constitution. The presumption places upon the government the burden of proving each element of the offense beyond a reasonable doubt. Thus evidence tending to prove some elements of an offence will not be a basis for a finding of guilt. At the time when the prosecution closes its case, if it becomes clear that the evidence presented does not show that the accused proved an offence, counsel for the accused may make a motion requesting for a dismissal, see, Section 306 (1) of the CPC.

Every person who is charged with a criminal offence shall be presumed to be innocent until he is proved or has pleaded guilty(art. 77(2)(a) Constitution)

Rwanda

Every person accused of a crime shall be presumed innocent until his or her guilt has been conclusively proved in accordance with the law in a public and fair hearing in which all the necessary guarantees for defence have been made available. (art. 44 CPC, art. 19 Constitution)

Tanzania

No person charged with a criminal offence shall be treated as guilty of the offence until proved guilty of that offence (art. 13(6)(b) Constitution)

Uganda

Every person who is charged with a criminal offence shall be presumed to be innocent until proved guilty or until that person has pleaded guilty (art. 3(a) Constitution)

Zimbabwe

Every person who is charged with a criminal offence shall be presumed to be innocent until he is proved or has pleaded guilty; (art. (18)(3)(a) Constitution)

Notes

↑ Human Rights in the Administration of Justice: A Manual on Human Rights for Judges, Prosecutors and Lawyers, United Nations, 2003, at 219, available at http://www.ohchr.org/Documents/Publications/training9chapter6en.pdf
↑ In the United States, the term burden of proof comprises two separate burdens. The burden of producing evidence (or the burden of going forward), and the burden of persuasion. The burden of producing evidence is the duty to introduce at least some prima facie evidence in order to compel a fact finder to consider a claim. The burden of persuasion comes into play when the parties have sustained their burdens of producing evidence and only when all the evidence has been introduced. If the trier of fact is in doubt, then the matter must be resolved against the party with the burden of persuasion. The prevailing practice is to allocate the two burdens jointly to one party or another. Various principles are often advanced of where, as a matter of policy, the burden of proof should lie. For example, Courts stated that the burdens should be placed on the party who has the best access to the relevant facts, or it should be placed on the party desiring change. Rule 301 of the Federal Rules of Evidence states that “In all civil actions and proceedings not otherwise provided for by Act of Congress or by these rules, a presumption imposes on the party against whom it is directed the burden of going forward with evidence to rebut or meet the presumption, but does not shift to such party the burden of proof in the sense of the risk of non persuasion, which remains throughout the trial upon the party on whom it was originally cast.”
↑ Article 116 French Criminal Procedural Code
↑ Article 63(1) French Criminal Procedural Code
↑ P.J. Schwikkard, The Presumption of Innocence. What is It?, 11 S. Afr. J. Crim. Just. 396 1998, at 396
↑ Human Rights Committee, General Comment N. 13, available at http://www.unhchr.ch/tbs/doc.nsf/(Symbol)/bb722416a295f264c12563ed0049dfbd?Opendocument
↑ Human Rights Committee, General Comment N. 21, available at http://www.unhchr.ch/tbs/doc.nsf/(Symbol)/3327552b9511fb98c12563ed004cbe59?Opendocument
↑ Human Rights Committee, General Comment N. 29, available at http://www.unhchr.ch/tbs/doc.nsf/0/71eba4be3974b4f7c1256ae200517361/$FILE/G0144470.pdf
↑ Eur. Court HR, Case of Allenet de Ribemont v. France, Application no. 15175/89, judgment of 10 February 1995, para. 35, available at
http://oxfordindex.oup.com/view/10.1093/law:ihrl/3097echr95.case.1

See Rights of the Accused

Источник

From Wikipedia, the free encyclopedia

«Ei incumbit probatio qui dicit» redirects here. For burden of proof in law in general, see Burden of proof (law).

The presumption of innocence is a legal principle that every person accused of any crime is considered innocent until proven guilty. Under the presumption of innocence, the legal burden of proof is thus on the prosecution, which must present compelling evidence to the trier of fact (a judge or a jury). If the prosecution does not prove the charges true, then the person is acquitted of the charges. The prosecution must in most cases prove that the accused is guilty beyond a reasonable doubt. If reasonable doubt remains, the accused must be acquitted. The opposite system is a presumption of guilt.

In many countries and under many legal systems, including common law and civil law systems (not to be confused with the other kind of civil law, which deals with non-criminal legal issues), the presumption of innocence is a legal right of the accused in a criminal trial. It is also an international human right under the UN’s Universal Declaration of Human Rights, Article 11.

History[edit]

Roman law[edit]

The sixth-century Digest of Justinian (22.3.2) provides, as a general rule of evidence: Ei incumbit probatio qui dicit, non qui negat^[1]—»Proof lies on him who asserts, not on him who denies».^[2] It is there attributed to the second and third century jurist Julius Paulus Prudentissimus. It was introduced in Roman criminal law by emperor Antoninus Pius.^[3]

A civil law system is a modern legal system derived from the ancient Roman legal system (as opposed to the English common law system). The maxim and its equivalents have been adopted by many countries that use a civil law system, including Brazil,^[4] China,^[5] France,^[6] Italy,^[7]^[8] Philippines,^[9] Poland,^[10] Romania^[11] and Spain.^[12]

Talmudical law[edit]

According to Talmud, «every man is innocent until proved guilty. Hence, the infliction of unusual rigours on the accused must be delayed until his innocence has been successfully challenged. Thus, in the early stages of the trial, arguments in his defence are as elaborate as with any other man on trial. Only when his guilt has become apparent were the solicitous provisions that had been made to protect defendants waived».^[13]

Islamic law[edit]

The presumption of innocence is fundamental to Islamic law where the principle that the onus of proof is on the accuser or claimant is strongly held, based on a hadith documented by Imam Nawawi.^[14] «Suspicion» is also highly condemned, this also from a hadith documented by Imam Nawawi^[15] as well as Imam Bukhari^[16] and Imam Muslim.^[17]

After the time of Muhammad, the fourth Caliph Ali ibn Abi Talib has also been cited to say, «Avert the prescribed punishment by rejecting doubtful evidence.»^[18]

Middle Ages in Europe[edit]

This section needs expansion. You can help by adding to it. (February 2019)

Western Europe[edit]

After the collapse of the Western Roman Empire, the West began to practice feudal law, which was a synthesis of aspects of Roman law as well as some Germanic customs according to the new elite, including presumed guilt. For instance, the accused could prove his innocence by having twelve people swear that he could not have done what he was accused of. In practice, this tended to favor the nobility over the lower classes, whose witnesses risked being seen as less credible.^[19]

Trials by ordeal were common from the 6th century until the early 13th century, and were known to continue into the 17th century in the form of witch-hunts. Whilst common in early Germanic law, compurgation was formally adopted in Rome by Pope Innocent III in 1215 at the Fourth Lateran Council and trials by fire and water specifically were forbidden. This was during the period of development of the jus commune, the canon law of the Catholic Church influenced the common law during the medieval period^[20]

In the early 13th century, Louis IX of France banned all trials by ordeal and introduced the presumption of innocence to criminal procedures. It was during the seventh crusade that he had witnessed the presumption of innocence in practice by the ruling Muslims and sought to adopt and implement this law on his return to France ^[21]. As a reformer, this and other legal and economic reforms led to him being the only canonized king of France.^{[citation needed]}

Eastern Europe[edit]

Following the aforementioned Roman law of Justinian, who lived at the dawn of the medieval era, the Byzantine Empire generally continued along his legal code which includes presumption of innocence.^{[citation needed]} This also influenced nearby states within its cultural sphere, such as Eastern Orthodox, Slavic principalities like Serbia.^{[citation needed]}

Meaning[edit]

Sir William Garrow coined the phrase «presumed innocent until proven guilty», insisting that defendants’ accusers and their evidence be thoroughly tested in court.

«Presumption of innocence» serves to emphasize that the prosecution has the obligation to prove each element of the offense beyond a reasonable doubt (or some other level of proof depending on the criminal justice system) and that the accused bears no burden of proof.^[22] This is often expressed in the phrase «presumed innocent until proven guilty», coined by the British barrister Sir William Garrow (1760–1840)^[23] during a 1791 trial at the Old Bailey. Garrow insisted that accusers be robustly tested in court. An objective observer in the position of the juror must reasonably conclude that the defendant almost certainly committed the crime.^[24] In 1935, in its judgment of Woolmington v Director of Public Prosecutions, the English Court of Appeal would later describe this concept as being ‘the golden thread’ running through the web of English criminal law. Garrow’s statement was the first formal articulation of this.^[25]

The presumption of innocence was originally expressed by the French cardinal and canonical jurist Jean Lemoine in the phrase «item quilbet presumitur innocens nisi probetur nocens (a person is presumed innocent until proven guilty)», based on the legal inference that most people are not criminals.^[26] However, this referred not merely to the fact that the burden of proof rests on the prosecution in a criminal case, but the protections which a defendant should be given: prior notice of the accusation being made against them, the right of confrontation, right to counsel, etc.^[27] It is literally considered favorable evidence for the accused that automatically attaches at trial.^[28] It requires that the trier of fact, be it a juror or judge, begin with the presumption that the state is unable to support its assertion.^[26] To ensure this legal protection is maintained, a set of three related rules govern the procedure of criminal trials. The presumption means:^[22]

With respect to the critical facts of the case—whether the crime charged was committed and whether the defendant was the person who committed the crime—the state has the entire burden of proof.
With respect to the critical facts of the case, the defendant does not have any burden of proof whatsoever. The defendant does not have to testify, call witnesses or present any other evidence, and if the defendant elects not to testify or present evidence, this decision cannot be used against them.
The jury or judge is not to draw any negative inferences from the fact the defendant has been charged with a crime and is present in court and represented by an attorney. They must decide the case solely on evidence presented during the trial.

Blackstone’s ratio as expressed by the English jurist William Blackstone in his seminal work, Commentaries on the Laws of England, published in the 1760s, said that:

It is better that ten guilty persons escape than that one innocent suffer.^[29]

The idea subsequently became a staple of legal thinking in Anglo-Saxon jurisdictions and continues to be a topic of debate.

This duty on the prosecution was famously referred to as the “golden thread” in the criminal law by Lord Sankey LC in Woolmington v DPP:

Throughout the web of the English criminal law one golden thread is always to be seen—that it is the duty of the prosecution to prove the prisoner’s guilt subject to what I have already said as to the defence of insanity and subject also to any statutory exception…

Fundamental right[edit]

This right is considered important enough in modern democracies, constitutional monarchies and republics that many have explicitly included it in their legal codes and constitutions:

The Universal Declaration of Human Rights, article 11, states: «Everyone charged with a penal offence has the right to be presumed innocent until proven guilty according to law in a public trial at which he has had all the guarantees necessary for his defense.»
The International Covenant on Civil and Political Rights, art. 14, paragraph 2 states that «Everyone charged with a criminal offence shall have the right to be presumed innocent until proved guilty according to law.» The presumption of innocence is also expressly regulated in Art. 66 of the Rome Statute of the International Criminal Court, according to which «Everyone shall be presumed innocent until proved guilty before the Court in accordance with the applicable law.»^[30]
The Convention for the Protection of Human Rights and Fundamental Freedoms of the Council of Europe says (art. 6.2): «Everyone charged with a criminal offence shall be presumed innocent until proved guilty according to law.» This convention has been adopted by treaty and is binding on all Council of Europe members. Currently (and in any foreseeable expansion of the EU) every country member of the European Union is also member to the Council of Europe, so this stands for EU members as a matter of course. Nevertheless, this assertion is iterated verbatim in Article 48 of the Charter of Fundamental Rights of the European Union.
In the UK, the presumption of innocence is provided for by section 6 of the Human Rights Act 1998, which aims to incorporate the rights contained in the aforementioned European Convention on Human Rights.^[31]
Articles 8 (1) and 8 (2) (right to a fair trial), in conjunction with Article 1 (1) (obligation to respect and ensure rights without discrimination), of the American Convention on Human Rights make the Inter-American Court to stress that «the presumption of innocence is a guiding principle in criminal trials and a foundational standard for the assessment of the evidence. Such assessment must be rational, objective, and impartial in order to disprove the presumption of innocence and generate certainty about criminal responsibility. … The Court reiterated that, in criminal proceedings, the State bears the burden of proof. The accused is not obligated to affirmatively prove his innocence or to provide exculpatory evidence. However, to provide counterevidence or exculpatory evidence is a right that the defence may exercise in order to rebut the charges, which in turn the accusing party bears the burden of disproving».^[32]
In Canada, section 11(d) of the Canadian Charter of Rights and Freedoms states: «Any person charged with an offence has the right to be presumed innocent until proven guilty according to law in a fair and public hearing by an independent and impartial tribunal».
In the Colombian constitution, Title II, Chapter 1, Article 29 states that «Every person is presumed innocent until proven guilty according to the law».
In France, article 9 of the Declaration of the Rights of Man and of the Citizen of 1789, which has force as constitutional law, begins: «Any man being presumed innocent until he has been declared guilty …» The Code of Criminal Procedure states in its preliminary article that «any person suspected or prosecuted is presumed innocent for as long as their guilt has not been established»^[6] and the jurors’ oath repeats this assertion (article 304; note that only the most serious crimes are tried by jury in France).^[33] However, there exists a popular misconception that under French law, the accused is presumed guilty until proven innocent.^[34]
In Iran, Article 37 of the Constitution of the Islamic Republic of Iran states: «Innocence is to be presumed, and no one is to be held guilty of a charge unless his or her guilt has been established by a competent court».
In Italy, the second paragraph of Article 27 of the Constitution states: «A defendant shall be considered not guilty until a final sentence has been passed.»^[35]
In Romania, article 23 of the Constitution states that «any person shall be presumed innocent until found guilty by a final decision of the court».
The Constitution of Russia, in article 49, states that «Everyone charged with a crime shall be considered not guilty until his or her guilt has been proven in conformity with the federal law and has been established by the valid sentence of a court of law». It also states that «The defendant shall not be obliged to prove his or her innocence» and «Any reasonable doubt shall be interpreted in favor of the defendant».
In the South African Constitution, section 35(3)(h) of the Bill of Rights states: «Every accused person has a right to a fair trial, which includes the right to be presumed innocent, to remain silent, and not to testify during the proceedings.»
Although the Constitution of the United States does not cite it explicitly, presumption of innocence is widely held to follow from the Fifth, Sixth, and Fourteenth Amendments. The case of Coffin v. United States (1895) established the presumption of innocence of persons accused of crimes. See also In re Winship.
In New Zealand, the New Zealand Bill of Rights 1990 provides at section 25 (c) «Everyone who is charged with an offence has, in relation to the determination of the charge, the following minimum rights: (c) the right to be presumed innocent until proved guilty according to law».^[36]

Modern practices[edit]

United Kingdom[edit]

In the United Kingdom changes have been made affecting this principle. Defendants’ previous convictions may in certain circumstances be revealed to juries. Although the suspect is not compelled to answer questions after formal arrest, failure to give information may now be prejudicial at trial. Statute law also exists which provides for criminal penalties for failing to decrypt data on request from the police. If the suspect is unwilling to do so, it is an offence.^[37] Citizens can therefore be convicted and imprisoned without any evidence that the encrypted material was unlawful. Furthermore, in sexual offence cases such as rape, where the sexual act has already been proved beyond reasonable doubt, there are a limited number of circumstances where the defendant has an obligation to adduce evidence that the complainant consented to the sexual act, or that the defendant reasonably believed that the complainant was consenting. These circumstances include, for example, where the complainant was unconscious, unlawfully detained, or subjected to violence.^[38]

Canada[edit]

In Canadian law, the presumption of innocence has been reinforced in certain instances. The Criminal Code previously^[39] contained numerous provisions according to which defences to certain offences were subject to a reverse onus: that is, if an accused wishes to make that defence, they had to prove the facts of the defence to a balance of probabilities, rather than the Crown having to disprove the defence beyond a reasonable doubt. This meant that an accused in some circumstances might be convicted even if a reasonable doubt existed about their guilt. In several cases, various reverse onus provisions were found to violate the presumption of innocence provision of the Canadian Charter of Rights and Freedoms. They were replaced with procedures in which the accused merely had to demonstrate an «air of reality» to the proposed defence, following which the burden shifted to the Crown to disprove the defence.

Bill C-51, An Act to amend the Criminal Code and the Department of Justice Act and to make consequential amendments to another Act, received Royal Assent in December 2018. Among other things, it eliminated several reverse onus provisions from the Criminal Code, some of which had previously been found unconstitutional, and others pre-emptively in order to avoid further Charter challenges.^[40]

References[edit]

Citations[edit]

^ «Digesta seu Pandectae 22.3.2». Grenoble: Université Pierre-Mendès-France. Archived from the original on 2012-03-28. Retrieved 2010-10-13.
^ Watson, Alan, ed. (1998) [1985]. «22.3.2». The Digest of Justinian. Philadelphia: University of Pennsylvania Press. ISBN 0-8122-1636-9.
^ See Bury, p. 527
^ Decree-Law 3689|date=August 2012
^ CRIMINAL PROCEDURE LAW OF THE PEOPLE’S REPUBLIC OF CHINA|date=August 2001
^ ^a ^b Code de procédure pénale, article préliminaire (in French)
^ «ForoEuropo Italia». Foroeuropeo.it. Archived from the original on 2010-06-11. Retrieved 2010-10-13.
^ «Assomedici.It». Assomedici.It. 1993-01-29. Retrieved 2010-10-13.
^ People vs. Masalihit, decision of the Supreme Court of The Philippines Archived 2007-09-29 at the Wayback Machine
^ «National Constitutional Law Related to Article 48 – Presumption of Innocence and Right to Defence». European Union Agency for Fundamental Rights. Archived from the original on 2012-07-11. Retrieved 2011-05-16.
^ «Constitution of Romania, Article 23». Retrieved 2013-06-13.
^ Valentin Anders (2010-09-08). «Latin legal maxims in Spanish». Latin.dechile.net. Retrieved 2010-10-13.
^ Aaron Kirschenbaum, Double Jeopardy and Entrapment in Jewish Law, 3 Israel Yearbook on Human Rights, Rts. 202 (1973), p. 211.
^ Imam Nawawi. 1977. An-Nawawi’s Forty Hadith (Second Edition English Translation by Ezzedin Ibrahim). Damascus: Holy Koran Pub. House, Hadith No. 33
^ Riyaadus Shaaliheen, Hadith No. 1573
^ Sahih Al-Bukhari (English Version), Vol. 8, Book 73, Hadith 90
^ Sahih Muslim (English Version), Book 32, Hadith 6214
^ Imam ibn Hajar’s Bulugh al-Maram (English Version), Book 10, Hadith 1260
^ «Law in the Middle Ages». The Finer Times. 29 May 2012. Retrieved January 16, 2018.
^ Friedman, Lawrence M., American Law: An Introduction (New York: W.W. Norton & Company, 1984), pg. 70.
^ Villehardouin, G. de., Joinville, J. (1955–1908). Memoirs of the Crusades. London: J.M. Dent. p. 184 (known as Scecedin)
^ ^a ^b Mueller, Christopher B.; Laird C. Kirkpatrick (2009). Evidence; 4th ed. Aspen (Wolters Kluwer). ISBN 978-0-7355-7968-2. pp. 133–34.
^ Moore, Christopher (1997). The Law Society of Upper Canada and Ontario’s lawyers, 1797–1997. University of Toronto Press. ISBN 0-8020-4127-2.
^ Rembar, Charles (1980). The Law of the Land. New York: Simon & Schuster. ISBN 9780671243227.
^ The Secret Barrister (2018). Stories of the Law and How It’s Broken. London: Macmillan. p. 41.
^ ^a ^b Words and Phrases 1914, p. 1168
^ Innocent Until Proven Guilty: The Origins of a Legal Maxim Kenneth Pennington A Ennio Cortese (3 Volumes. Roma: Il Cigno Galileo Galilei Edizioni, 2001)
^ Coffin v. United States, 156 U.S. 432 (1895) “the presumption of innocence is evidence in favor of the accused, introduced by the law in [their] behalf”
^ «Commentaries on the laws of England». J.B. Lippincott Co., Philadelphia, 1893.
^ The Presumption of Guilt in the Investigation of Tax Evasion Crimes, Juridical Tribune, Vol. 8, Issue 1 (March 2018), p. 33.
^ «Your right to a fair trial». www.citizensadvice.org.uk. Retrieved 2023-02-14.
^ I/A Court H.R., Case of Zegarra Marín v. Peru. Preliminary Objections, Merits, Reparations and Costs. Judgment of February 15, 2017. Series C No. 331: so, «the Court highlighted that to guarantee the presumption of innocence, especially as regards criminal conviction by trial, to reasoned judgment is imperative. It must state the sufficiency of the prosecution’s evidence, observe the rules of sound judicial discretion in evaluating the evidence, including that which could generate doubt as to criminal responsibility, and lay out the final findings of the assessment of evidence. Only then can a trial court disprove the presumption of innocence and sustain a conviction beyond reasonable doubt. Where there is any doubt, the presumption of innocence and the principle of in dubio pro reo should play a decisive role in the judgment».
^ Code de procédure pénale, article 304 (in French).
^ For example, William Safire claimed as much in the New York Times in 1992; his assertion was rebutted in a letter to the editor by a law professor at Cleveland State University: Davis, Michael H. (23 May 1992). «French Law Presumes Accused Innocent». New York Times. Retrieved 10 May 2017.
^ «The Italian Constitution» (PDF). The official website of the Presidency of the Italian Republic. Archived from the original on 2016-11-27.
^ New Zealand Bill of Rights Act 1990 No 109 (as at 01 July 2013), Public Act 25 Minimum standards of criminal procedure – New Zealand Legislation
^ «OPSI.gov.uk». OPSI.gov.uk. Retrieved 2010-10-13.
^ «legislation.gov.uk». legislation.gov.uk. Retrieved 2011-04-27.
^ Tollefson, E. A., The Canadian Bill of Rights and the Canadian Courts, Saskatchewan Bar Review & Law Society’s Gazette, Vol. 26, Issue 4 (December 1961), pp. 106-111.
^ Government of Canada, Department of Justice (7 June 2017). «Questions and Answers — Cleaning up the Criminal Code, Clarifying and Strengthening Sexual Assault Law, and Respecting the Charter». www.justice.gc.ca. Retrieved 31 July 2019.

Sources[edit]

«Judicial and Statutory Definitions of Words and Phrases». St. Paul, MN: West Publishing Co. 1914.
Singh, Rahul, Reverse onus Clauses: A Comparative Law Perspective, Student Advocate, Vol. 13, pp. 148–172.
Bury, J. B. (1893). A History of the Roman Empire from its Foundation to the Death of Marcus Aurelius.

External links[edit]

The Presumption of Innocence in the French and Anglo-American Legal Traditions Archived 2012-11-24 at the Wayback Machine
The History of Presumed Innocence
What’s Wrong with Military Trials of Terrorist Suspects?
Kenneth Pennington, Innocent Until Proven Guilty: The Origins of a Legal Maxim, 63 JURIST: STUD. CHURCH L. & MINISTRY 106 (2003).

Источник

A commit	B do	C make	D practice
A trial	B court	C dock	D cell
A making	B taking	C burgling	D doing
A taken	B stolen	C burgled	D shoplifted
A denied	B admitted	C confessed	D accused
A consideration	B thought	C mind	D understanding
A check	B control	C limit	D prevent

A introducing the topic	E presenting a disadvantage
B giving opinion	F presenting two opposing points of view
C giving an example	G presenting a conclusion
D presenting an advantage

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Contents

Definition

When is the Presumption of Innocence Triggered?

International Legal Framework

International Instruments

1. The Universal Declaration of Human Rights (UDHR)

2. International Covenant on Civil and Political Rights (ICCPR)

Non Derogability

Regional Instruments

1. American Convention on Human Rights (ACHR)

2. African Charter on Human and People’s Rights

3. Charter of Fundamental Rights of the European Union

4. European Convention on Human Rights (ECHR)

Examples of National Instruments

Cambodia

China

India

Kenya

Rwanda

Tanzania

Uganda

Zimbabwe

Notes

History[edit]

Roman law[edit]

Talmudical law[edit]

Islamic law[edit]

Middle Ages in Europe[edit]

Western Europe[edit]

Eastern Europe[edit]

Meaning[edit]

Fundamental right[edit]

Modern practices[edit]

United Kingdom[edit]

Canada[edit]

See also[edit]

References[edit]

Citations[edit]

Sources[edit]

External links[edit]