UNIT 2

PENAL LAW – US CODE – PART II – CRIMINAL PROCEDURE

Chapter 203 - ARREST AND COMMITMENT

§ 3041 - Power of courts and magistrates

For any offense against the United States, the offender may, by any justice or judge of the United States, or
by any United States magistrate judge, or by any chancellor, judge of a supreme or superior court, chief or
first judge of the common pleas, mayor of a city, justice of the peace, or other magistrate, of any state where
the offender may be found, and at the expense of the United States, be arrested and imprisoned or released as
provided in chapter 207 of this title, as the case may be, for trial before such court of the United States as by
law has cognizance of the offense. Copies of the process shall be returned as speedily as may be into the
office of the clerk of such court, together with the recognizances of the witnesses for their appearances to
testify in the case.
A United States judge or magistrate judge shall proceed under this section according to rules promulgated by
the Supreme Court of the United States. Any state judge or magistrate acting hereunder may proceed
according to the usual mode of procedure of his state but his acts and orders shall have no effect beyond
determining, pursuant to the provisions of section 3142 of this title, whether to detain or conditionally release
the prisoner prior to trial or to discharge him from arrest.

§ 3042 - Extraterritorial jurisdiction

Section 3041 of this title shall apply in any country where the United States exercises extraterritorial
jurisdiction for the arrest and removal therefrom to the United States of any citizen or national of the United
States who is a fugitive from justice charged with or convicted of the commission of any offense against the
United States, and shall also apply throughout the United States for the arrest and removal therefrom to the
jurisdiction of any officer or representative of the United States vested with judicial authority in any country
in which the United States exercises extraterritorial jurisdiction, of any citizen or national of the United
States who is a fugitive from justice charged with or convicted of the commission of any offense against the
United States in any country where it exercises extraterritorial jurisdiction.
Such fugitive first mentioned may, by any officer or representative of the United States vested with judicial
authority in any country in which the United States exercises extraterritorial jurisdiction and agreeably to the
usual mode of process against offenders subject to such jurisdiction, be arrested and detained or
conditionally released pursuant to section 3142 of this title, as the case may be, pending the issuance of a
warrant for his removal, which warrant the principal officer or representative of the United States vested with
judicial authority in the country where the fugitive shall be found shall seasonably issue, and the United
States marshal or corresponding officer shall execute.
Such marshal or other officer, or the deputies of such marshal or officer, when engaged in executing such
warrant without the jurisdiction of the court to which they are attached, shall have all the powers of a
marshal of the United States so far as such powers are requisite for the prisoner’s safekeeping and the
execution of the warrant.

(http://www.law.cornell.edu/uscode/text/18/part-II)

VOCABULARY PRACTICE

1. Below you can find the typical stages in criminal procedure into the correct sequence. Match
each step to its correct definition or explanation.

1) crime reported a) the police arrest the person who is

alleged to have committed the crime;
2) investigation by b) the police detain the person alleged to
police have committed the crime;
3) investigation of c) the police carry out further
suspect questioning of the accused;
4) apprehension of d) the jury panel make a decision
suspect whether they believe that the accused
committed the crime of which s/he is
accused;
 5) charge of suspect e) the judge makes a judicial decision;
6) remand in custody f) the police carry out a detailed
or enquiry into the alleged crime;
7) release on bail g) the police receive information that a
crime may have been committed;
8) interrogation of h) the police carry out a systematic
accused examination of the person who may
and have committed a crime;
9) interrogation of i) the defendant is found guilty;
witnesses
10) appearance in j) the judge decides punishment;
court
11) decision of jury k) the defendant is found not guilty of
the charge;
12) judgement of l) the accused comes to court to face
judge charges;
13) acquittal of m) the accused brings an action to
accused clear his/her name or to reduce the
Or sentence;
14) conviction of n) the police collect evidence against
accused the accused from those who can give
evidence;
15) sentence by judge o) the police free the accused on
condition that s/he appears at court at a
future date;
16) appeal against p) the police make a claim of
judgement wrongdoing against the person alleged
to have committed the crime.

2. Below you can find some sentences that may be imposed. Match each sentence to its
description.

1) capital punishment a) a period of time during which the

criminal is deprived of his/her
freedom;
2) bond b) an act by which the court
requires a bond or bail money;
3) community service c) a release from prison, before a
sentence is finished, that depends
on the person ‘keeping clean’ and
doing what s/he is supposed to do
while out. If s/he fails to meet the
conditions, the rest of the sentence
must be served;
4) binding over d) a sentence (usually ‘jail time’)
that the judge allows the convicted
person to avoid serving;
5) determinate sentence e) two or more terms of
imprisonment are served together;
6) parole f) a document that stipulates that X
will pay some money if a particular
future event happens, or a sum of
money that is put up and will be
lost if that event happens;
7) imprisonment g) regular meetings, according to a
set schedule, with an officer;
8) probation h) an exact prison term that is set
by law, rather than one that may be
shortened for good behaviour;
 9) concurrent sentence i) the most severe of all sentences:
that of death. It is also known as the
death penalty.
10) a suspended sentence j) a sum of money exacted as a
penalty by a court of law or other
authority;
11) fine k) unpaid work undertaken
pursuant to a court order upon
conviction for an offence instead of
a sentence of imprisonment.

3. Complete the following text using the words in the box. Then translate it into Romanian.

Criminal procedure: an overview

deal with crimes criminal procedure

right constitutions guarantees promulgated
conduct interests pursuant to government
defendants trials protection guaranteed
jury Bill of Rights federal counsel

Criminal (1) ……………… deals with the set of rules governing the series of proceedings through
which the (2) ……………… enforces substantive criminal law. Municipalities, states, and the (3)
……………… government each have their own criminal codes, defining types of (4) …………… that
constitute crimes. Title 18 of the U.S. Code outlines all federal (5) …………… . Typically, federal crimes
(6) ……………… activities that either extend beyond state boundaries or directly impact federal (7)
…………….
The U.S. Supreme Court, (8) ……………… its authority under the Rules Enabling Act, first (9)
………………… the Federal Rules of Criminal Procedure, (F.R.Crim.Pro.) which Congress, in turn, passed.
The Federal Rules outline the procedure for conducting federal criminal (10) ……………. Similarly, states
have their own codes of (11) ……………… procedure of which many closely model the Federal Rules. The
Federal Rules incorporate and expound upon all (12) ………………. included within the U.S. Constitution’s
(13) ……………… . A few of the rights guaranteed to criminal (14) ……………… by the Constitution
include the guarantees of due process and equal (15) ………………… under the laws, the right to have legal
(16) ……………… present, the right to confront witnesses, the right to a (17) ……………… trial, and the
(18) ……………… to not testify against oneself. While state (19) ………………… and procedural rules
may increase the protection afforded to criminal defendants, they may not offer less protection than that (20)
………………… by the U.S. Constitution.
(Text adapted from http://www.law.cornell.edu/wex/criminal_procedure)

GRAMMAR FOCUS – PASSIVE VOICE; CAUSATIVE FORM

 Remember the Passive

We form the passive with the verb to be and the past participle of the main verb.
e.g. I was given a speeding ticket by the police officer.
Verbs followed by a preposition (e.g. accuse somebody of) take the preposition immediately after them
when turned into the passive.
e.g. He was accused of murder.

 Causative Form
We use have + object + past participle to say that we have arranged for someone to do something for us.
e.g. David had his house built. (He didn’t do it himself – the builder did it.)
We can use the causative instead of the passive to express accidents or misfortunes.
 e.g. Mary had her car stolen. (= Mary’s car was stolen.)

VERBAL TENSES CAUSATIVE FORM

Present Tense Simple She has her car stolen.
Present Tense Continuous She is having her car stolen.
Past Tense Simple She had her car stolen.
Past Tense Continuous She was having her car stolen.
Present Perfect She has had her car stolen.
Past Perfect She had had her car stolen.
Future Tense Simple She will have her car stolen.
Future Perfect She will have had her car stolen.
Conditional She would have her car stolen…
Perfect Conditional She would have had her car
stolen…
Gerund She hates having her car stolen.
Infinitive She may have her car stolen.

The verb to have, used in the causative, forms its negations and questions with do/does (Present Simple)
and did (Past Simple).
e.g. Don’t have the files printed, please!
Did you have your curtains put up?

Get can be used instead of have in colloquial English or when the person performing the action is
mentioned. Get + object + to-infinitive is used to show that someone persuades someone else to do
something.
e.g. I got my tooth taken out yesterday.
Did you get Ben to repair your car?
He got Tom to steal a car. (He persuaded Tom to steal a car.)
Make/have + object + bare infinitive are used to express that someone causes someone else to do
something, but their meaning is slightly different.
e.g. Tom made Mary type the letter. (He insisted that she should type the letter.)
Tom had Mary type the letter. (He asked her to type the letter.)

Exercises

4. Rewrite the following sentences without changing the meaning of the sentences printed before
them.
e.g. Her bike is being repaired by her father. She is having her bike repaired.
a. Tom asked a solicitor to draw up his will.
Tom _______________________________________________________________________________
b. Somebody has stolen Paul’s wallet.
Paul has ___________________________________________________________
c. My leg is being operated on tomorrow.
I’m _______________ _______________________________________________
d. His hands were burnt during the fire.
He got ______________ _______________________________________________
e. My bag would be stolen if I let it outside.
I would ________________________________________________________________
f. Photos of the lawyer will be soon taken.
The lawyer will ______________________________________________
g. The defendant asked his lawyer to send his wife a message.
The defendant had ______________________________________________
h. His prison cell was being painted when he escaped.
He was __________________________________________________
i. Nobody has dyed the prisoner’s hair recently.
The prisoner hasn’t _______________________________________________
j. The lawyer insisted that Tom should finish the report.
The lawyer ______________________________________________________
k. He persuaded Tom to set fire to the police station.
He got ________________________________________________