English_for_Police_Officers
.pdf3.One should begin investigating the case with determining the plan of investigative actions.
4.A witness is one who produced evidence of the commission of a crime.
5.The new classification of crime in England has largely substituted the old one.
6.There are two major kinds оf evidence: the direct one and the circumstantial one.
7.If one speaks of what he actually saw he presents direct evi-
dence.
8.Hearsay evidence applies not only to oral statements but also to written ones.
ХI. "Read and translate the sentences, paying attention to the translation of “that” and “those”.
1.It is only relevant evidence that can be produced in court.
2.A witness can present only those facts in court that he has observed directly.
3.The evidence was so important that it was preserved with great caution.
4.The evidence that includes copies and other duplicates of the original is not always admissible in court.
5.The investigator may show that the manner of previous crime is similar to that of the present crime, thus he may show that this is the way that the accused operates.
6.The "best evidence rule” means that a person should bring into court the best evidence available to him.
7.The function of the rules of evidence is to limit the evidence, which a witness may present to that of which he has a direct knowledge.
8.Many offences, particularly those that do not involve personal violence, are not associated with a definite scene of a crime.
XII. Read the text without a dictionary. Answer the questions.
1.What do the words ''corpus delicti" mean?
2.What does corpus delicti consist of?
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CORPUS DELICTI
Corpus delicti simply means the body of the crime. It is a general rule that a criminal charge should not be supported until the corpus delicti is established. This rule states that one must have the essence of the crime before one can have a conviction. That is, one must prove by evidence that the crime charged has been really perpetrated. The corpus delicti or body of the crime consists of all the facts that some human agent committed the crime. In a charge of a criminal murder, for example, it is necessary first to establish the corpus delicti. There are three facts to be established: that he came to his death by violence, and that the death was caused by a human agent. The corpus delicti cannot be proved by the confession of the accused unless the dead body is identified and evidence collected. Confessions and admissions are not sufficient to establish corpus delicti.
XIII. Read and translate the text. Use a dictionary.
THE TESTIMONY OF A WITNESS
The testimony of a witness is one of the most important sources of evidence. Witnesses allowed to give evidence must be competent. Those not competent are mainly persons of extreme youth or the insane. Though the evidence of accomplices is often very useful it should be weighed with great caution. A witness can only testify to the facts and not give any conclusions, he may have draw from the facts. Expert testimony is admissible, but the person testifying must be qualified to testify аs an expert.
The expert witness is usually а man who has specialised for some time in a particular branch of science.
Thus, in the case of murder a very important witness for the prosecution is the pathologist. His duty is to explain how the deceased met his death and what peculiar marks were found on the body. Occasionally when the identity of a criminal is in question, the fingerprint expert is employed to prove the witnesses may testify to their conclusion on examination of certain things.
In recent years another expert "witness" has been used. This is the cine-camera, which may well be described as the "silent witness". The evidence supplied by the cine-camera has been considered to be practically irrefutable.
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Lesson 7
Text: Interviews and Interrogations
Grammar: The Gerund
l. Read and translate the sentences. Pay attention to the predicate.
1.The inquiry has been completed in time.
2.The foot and tyre marks were closely examined after their casts had been made.
3.This young officer has conducted the preliminary survey successfully.
4.The policeman from our department have covered the tire tread mark with an empty box.
5.We shall have studied this depression in the mud by the time all the data are required.
6.By the end of the observation the police officers had detected a dangerous gang.
7.The suspect will have been detained after all the evidence is collected.
II. Read and translate the text.
INTERVIEWS AND INTERROGATIONS
Interviews
The effectiveness of an investigator is largely dependent upon his ability to obtain information from complainants, witnesses, informants and suspects. It is rarely that circumstantial evidence alone is sufficient to obtain conviction. In cases of robbery or assault it is the eyewitness testimony that may provide all the elements of the offence. But more complicated crimes such as forgery, burglary, fraud and embezzlement require more evidence than that of a witness. Such evidence a good interrogator can extract by patient and intelligent interviewing.
For an interview the investigator should select a place providing him with a psychological advantage and conduct it as soon as possi-
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ble after the occurrence.
In routine criminal cases the interview should be arranged at the time when subject can devote his full attention to the matter and privacy can be ensured.
In important criminal cases the investigator should arrange to interview witnesses in his own room.
Before the interview the investigator should consider what information the witness can contribute. Planning his interview the investigator should have a checklist. The first few minutes usually called the warm-up period will determine the course of interview. After showing his credentials the investigator should open the interview with some friendly remarks on weather, the difficulties of his profession, and matters of general interest. Friendly in his approach, he should maintain a businesslike manner. Feeling that the witness is in a communicative mood, he should turn the conversation to the witness's knowledge of the case.
After the witness's story the investigator should review it with him, treating the matters that have not been spoken of.
Questions should not be asked until the person appears prepared to give the information. Direct questions will not be suitable until the witness has given his own story and is ready to give additional information.
Remember that:
a)one question at a time should be asked;
b)the interview becomes useless if the answers are suggested in the questions.
c)questions should be simple, but not long and complicated; d)"yes" and "no" questions result in inaccurate answers;
e)positive attitude.
A common error of interviews is the negative approach in deal-
ing with a witness both in questioning and in arranging the interview. Saying, "You couldn't arrange to meet me this afternoon, could you?" the investigator unconsciously suggests that a negative reply will be acceptable and that the interview can be evaded. Using such phrases as "You didn't see anyone near the house when you arrived, did уou?" or "Would you care to sign this statement?" he encourages an evasive answer. The positive approach should be always employed. The investigator's tone, voice and phrasing should show that he does not contemplate the possibility of negative or non-
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informative answers. "I have the interview set for 10 o'clock" and "How many persons were at the scene when you arrived?" are questions that guide the mind of the witness positively. An average man easily detects lack of confidence. Leadership and firmness are respected.
It should be note that the investigator's confidence and authority communicate themselves to the witness.
Hesitancy, weakness and doubt encourage evasion and resistance. If the witness appears to be difficult to control, small psychological gestures will bring him under control. He may be told to stop smoking or directed to a chair other he has selected. The difficult witness must learn quickly that the investigator intends to dominate the situation.
Active words
to complain, complaint, complainant, advantage, occurrence, to arrange, attention, privacy, checklist, credentials, to approach, mood, to review, to add, to suggest, attitude, error, to accept, acceptable, to evade, evasion, evasive, to encourage, firm, confidence, hesitancy, doubt (n,v), week, to resist.
III. Read and translate the words, paying attention to affixes.
dependent dependence independence, to inform informant informative to misinform; fraud - fraudulent; to forge forgery forger forged; business businesslike; person personal personality; accurate inaccurate; to interview interviewer interviewed; to complain complainant; to guide guidance; to occur occurrence.
IV. Answer the questions.
1.What is the effectiveness of an investigator largely dependent
upon?
2.In what cases mау the eyewitness testimony provide all the elements and what kind of саses require more evidence?
3.What kind оf place should be selected for an interview and when should questioning be conducted?
4.What kind of place is the best one for interviews?
5.What should the investigator open the interview with?
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6.When should the witness's story be reviewed and what matters should be treated?
7.What are the main points of the technique of questioning?
8.What negative qualities of an interrogator encourage evasion and resistance?
9.What method can be employed to bring a difficult witness under control?
V. Read and translate the following sentences. Find the true sentences. Correct the false ones.
1.The effectiveness of an investigator is completely dependent upon his ability to obtain information from complainants, informants and suspects.
2.In cases of robbery and assault the eyewitness testimony always provides all the elements.
3.Complicated crimes (forgery, burglary, fraud and embezzlement) require more evidence than that of a witness.
4.It is not always necessary that t an interview should be conducted as soon аs possible after the occurrence even if the place has been selected.
5.Interviews can be arranged in the investigator's room or at homes or offices of the witnesses and any number of persons can be present.
6.The interrogator should have a checklist and should begin interviewing with direct questions as to what the witness has seen.
7.The interview becomes useless if the answers are suggested in the questions.
8."Yes" and "No” questions result in inaccurate answers.
9.The investigator's confidence and authority encourage resistance of interviewees.
VI. Read and translate the groups of words.
to interview a complainant; to obtain a psychological advantage, occurrence under the investigation, to ensure privacy, to prepare a checklist, evasion and resistance in the course of an interview, to review the circumstances of a case, to employ a positive approach, to show one's credentials to the interviewee person; weakness and hesi-
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tancy; to be in a communicative mood; suggested answers to important questions; to evade giving additional information; to encourage firmness and confidence; to pay attention to errors in the witness's testimony; to consider facts with doubt.
VII. Read and translate the following sentences paying attention to the words in bold.
1.Thе complainant tried to evade the interview which had been set for 2 o'clock.
2.Privacy and businesslike attitude of the interviewer are important conditions of a successful interview.
3."You should have shown your credentials before you started questioning", said the officer.
4.Not to make any error the investigator had a checklist of questions on his table.
5.The positive approach employed by the interrogator helped him neutralise the doubt and hesitancy of the victim.
6.By intelligent questioning the experienced investigator could bring the witness to an informative mood and encourage his giving additional information.
7.The questioning was arranged in the investigator's room that provided the officer with a psychological advantage and the interviewee could give his full attention to the occurrence.
8.The investigator should always possess firmness and confidence as weakness is easily detected by interviewees and causes resistance.
9.Before starting the interrogation the police officer reviewed all the circumstances of the occurrence and composed his questions so as not to suggest answers.
10.The confidence and businesslike manner of the interviewer made the interviewee understand that no evasive answer would be accepted.
VIII. Read and translate the sentences paying attention to the V- ing forms.
1.The suspect confessed to having committed two offences.
2.The investigator knew of the house's owner having permitted
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to search the house and he invited some witnesses to grant this permission.
3.The accused did not know of his being photographed while committing the offence.
4.On arriving at the crime scene the police-officer started fixing the traces of the crime.
5.The answers of the suspect during the interrogation testified to his having perpetrated the crime.
6.The witness observed the offender's threatening the victim.
7.Before serving any search warrant the police officer should examine it.
8.The criminal escaped without having left sufficient traces for establishing his identity.
8.Nothing should be touched at the crime scene unless there is some very good reason for doing that.
10.Having witnessed the commission of the crime, the man made a truthful statement to the investigator.
IX. Read and render the text. Don’t use a dictionary.
INTERROGATION (1)
Interrogation is the questioning of a person suspected of having committed an offence or of a person who does not want to give information important for the investigation. The interrogator must dominate his subject through his personality, professional attitude and work; his hesitancy may encourage the subject to resist the interrogation. The subject must see that the investigator is sympathetic, interested in his ideas and problems and will consider them. The qualifications of an investigator are the following:
a)broad general knowledge, interests and observation, as well as broad professional and technical knowledge;
b)alertness: he should be able to analyse his subject, uncover and exploit leads, change his tactics when necessary;
c)perseverance: it is necessary when the subject resists the interrogation and even when the suspect wants to help but cannot reconstruct correctly some facts of his story;
d)faithfulness: the investigator must never make a promise he cannot keep and he must keep all promises he makes;
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e)logical mind: a plan of interrogation should be logical to help establish the elements of proof of the offence. The investigator must understand an individual, learn to observe and interpret his reaction to questions;
f)self-control: it is of great importance at all times. Playing the role of an angry or sympathetic person is justifiable if it gives necessary results.
The behaviour of the investigator at the beginning of the questioning establishes the atmosphere that will dominate the interrogation. The investigator's personality should encourage cooperation in the subject.
X. Read and translate the text. Use a dictionary.
INTERROGATION (II)
Here are some pieces of advice on the interrogator's conduct. The interrogator must always command the situation and never
lose control.
The subject must be impressed with the seriousness of the investigator's purposes. The investigator should sit close to the subject and focus his attention on him.
The speech of the investigator should be adapted to the subject's cultural level. Where the subject may shy away from words such as "assault" and "steal", he may admit that he "hit" and "took".
Civilian dress is more likely to inspire confidence and friendship in a criminal than a uniform.
With his attitude the interrogator should show that he is not trying to convict or punish, but to establish the facts of the case; to discover the truth; to see what he can do to help the subject help himself, to see that the subject accomplices are not doing him any injury.
At the preliminary stage of the interrogation the investigator should identify himself and show his credentials to the subject. He must state, in general terms, the purpose of the investigation and advise the subject of his rights.
The investigator should be alone with the subject. Other persons may be invited for specific purposes, such as witnessing the signing of a confession.
The interrogation room should provide privacy.
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Lesson 8
Text: Detection of Burglary, Housebreaking, Shop-
and-Warehouse-Breaking
Grammar: Functions of the Infinitive.
The Passive Voice Indefinite
I. Read and translate the sentences paying attention to the translation of the Infinitive.
1.Не was the first witness called in to give evidence.
2.In that trial it was difficult for the jury to arrive at a decision.
3."To раss a sentence" means to state what kind of punishment the offender is to have.
4.Murder as contrasted with misdemeanour is known to be a heinous offence and the legislature provides for severe penalties for even mere approaches to it.
5.The offender was reported to have been arrested and brought to trial.
6.The accused waited for the jury to pronounce their sentence.
7.The prisoner turned out to be not guilty and he was released.
8.As the prosecution did not have enough evidence to prove the charge of manslaughter the jury found the driver guilty of dangerous driving.
9.The investigator interviewed the witnesses to obtain a description of the housebreaker.
10.Here is the case to be tried in court next week.
11.The testimony of a witness is considered to be one of the most important sources of evidence.
II. Read and render the text.
DETECTIVES IN BURGLARY, HOUSEBREAKING, SHOP-AND-WAREHOUSE-BREAKING
When information is got that thieves have entered a house, shop or warehouse a detective immediately visits the scene usually ac-
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