orlovskaya

into an air-traffic controller’s computer system and caused aeroplanes to crash, with the intent1 to kill the passengers. Not surprisingly crimes that specifically relate to computers are relatively recent creations of statute.

Some specific computer crimes are set out in the Computer Misuse Act 1990. It is designed to protect information kept on computers. There are three particular reasons why such information needs protection by the criminal law. Firstly it is said to be very hard to safeguard information stored on a computer, particularly as often the information is intended to be accessed by a number of authorized people. By contrast information on paper can be kept in a safe or other secure2 place. Secondly the ease of destroying or corrupting data on a computer means it deserves3 special protection, particularly as it is not always possible for the owner of the computer to realize that the data have been looked at. Thirdly the highly confidential4 nature of the kind of information kept on computers (often concerning many members of the public) is such that it needs particular protection.

The act prohibits5 «hacking», i.e., gaining6 unauthorized access to computer material. The offence is committed if a defendant is entering the computer just to see what he can find. The Act also contains a more serious offence of doing this with the intent to commit another offence. The most common example is likely to be a deception (обман) offence or theft. A defendant who obtained data which he intended to use in the future to commit an offence of obtaining property by deception will still be guilty of the more serious offence.

There is also an offence of modifying computer material in an unauthorized way. This section is clearly aimed at people who alter7 computer data with intent to corrupt a program. The intent does not need to be directed towards any particular computer or data. Modification is defined as including removal of any program or data on a computer and includes adding to the contents or erasing8 them.

It also includes temporary9 modification. It would appear to cover sending someone a disc with a virus on it that was intended to damage

the working of the computer.

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It is possible to be guilty of criminal damage of computers if there has been a physical change to some components of the computer.

Notes to the Text

1.(legal) purpose, intention

2.safe

3.have a right to

4.(to be kept) secret

5.say that smth. must not be done (by rules of regulations)

6.obtain

7.change

8.removing

9.lasting for a short time only

To be read after Text 3

The Jury

The jury has a long history within the English legal system, although its role has changed significantly during that time. Originally, members of the jury were witnesses1. Today, they are a group of twelve ordinary people with no special knowledge, chosen at random to act as impartial2 judges of the facts of a case. In a jury trial, the jury is advised by the trial judge on the relevant3 law; that is, the judge’s function is to explain the law to the jury and ensure that the trial is conducted according to the rules of procedure and evidence. The function of the jury is then to apply the law to the facts and then decide, in criminal cases, whether the defendant is guilty or not guilty and, in civil cases, whether the defendant is liable to the plaintiff. The decision of a jury is called a verdict4. The juries do not need to give reasons for their verdict. In civil cases the jury will also decide on the amount of damages to be awarded to the plaintiff.

«Shadow» («теневой») juries are sometimes used to research the adequacy of the jury system; a random group of twelve people sits in the court and hears a case and reaches a verdict which is then compared to the verdict of the real jury.

Although the jury continues to have much symbolic importance in the English legal system, in practice its role has been greatly dimished5 over recent years.

450

Notes to the Text

1. a person who gives evidence in court

2. just, fair; not favouring one side more than the other

3. (closely) connected with what is being discussed, done, etc. 4. decision reached by a jury

5.make or become less

Judges

Judge is a public officer with authority to hear and decide cases in a law court. In the British system of law judges are chosen from lawyers who have gained considerable experience as legal practitioners before being appointed to the judiciary.

Judges must be independent of the parties to a dispute (this ensures a fair and just trial). They must be independent of the executive. This enables the judges to exercise control over government action. Judges must be free of any political bias (пристрастность, предубеждение).

Most of the work of the judges is judicial in the sense that they have to adjudicate upon disputes. To do this they are required, impartially, to find the facts based on the evidence presented to the court, to apply the law to the facts and then to give the right decision. Their role is therefore limited to ensuring that there is a fair trial, reaching a decision on the fact as presented to them and applying this to the law.

Judges do not investigate the cases they are trying but they do not play a completely passive role; they may, sometimes, question witnesses and they must ensure that the trial is conducted according to the rules of procedure and evidence.

ТЕРМИНОЛОГИЧЕСКИЙ СЛОВАРЬ

stantive and procedural - материальное police [pe'li:s] п полиция; the ~ station

и процессуальное право; ~ of contract полицейский участок

ОСНОВНЫЕ ЗНАЧЕНИЯ И ПРИМЕРЫ УПОТРЕБЛЕНИЯ НЕКОТОРЫХ 454 ПРЕДЛОГОВ