The relevance of the chosen study is due to the fact that the construction of a rule of law state in Russia is unthinkable without effective protection of the rights and freedoms of citizens. One of the means of such protection is the court, judicial procedure. The problem of protecting human rights in criminal proceedings is especially relevant, where the interests of the state, society and the individual intersect, and the interests of the individual require increased protection.
The democratization of the domestic criminal process was expressed, first of all, in the revival of jury trials in Russia since 1993. As you know, citizens of our country are guaranteed at the constitutional level the right to participate in the administration of justice (Part 5 of Article 32 of the Russian Constitution). The implementation of this constitutional right to the direct participation of citizens in legal proceedings began with the revival of jury trials in the Russian state. At the same time, it is probably difficult to find a criminal procedural institution that would cause greater controversy among scientists and practitioners, dividing them into two irreconcilable opposing camps than a jury trial. Moreover, the discussions concern both certain aspects of the work of the jury, for example, the optimal definition of the range of criminal cases within the jurisdiction of this court, and the very existence of this institution.
The current state of the domestic legal system determines the objective need for further reform of the Russian criminal procedural legislation on the basis of in-depth theoretical and practical research, including as regards the activities of the jury. Without studying the rich foreign experience, where the jury is recognized as a legal institution, it is impossible to develop the most suitable set of procedural rules for the present time, aimed at protecting the rights of both participants in criminal proceedings and the candidates for jurors themselves.
Of all the common law countries that have jury trials, the United States is most amenable to comparative legal analysis with the Russian Federation due to its comparable territorial size and federal government structure. In addition, for the first time in the history of domestic criminal procedure legislation, with the adoption in 2002 of a new criminal procedure code, proceedings in a jury trial are regulated according to the Anglo-American model, which necessitates the need to study and assess the feasibility of borrowing the experience of the United States, where this institute was held a century-old test and is distinguished by detailed legal regulation. The above circumstances determined the relevance of the research topic.
It must be said that current issues related to the activities of the jury were studied in sufficient detail in pre-revolutionary Russia. The work used the works of such Russian scientists as T.V. Aparova, K.F. Gutsenko, A.A. Kvachevsky, S.A. Kolomenskaya,. Larin, V. Melnik, V.M. Nikolaichik, V.N. Osipkin, S.V. Praskova, A.K. Romanov, V.N. Rudenko, N.I. Stabrov, I.Ya. Shestakova, I.G. Shcheglovitov, S.V. Shcherbakov, as well as foreign experts who studied the features of jury trials: W. Bernam, K. Mittermeier, D. Stephen. The object of my research is the formation and development of the jury in the United States in the mid-20th century.
The purpose of the study will be to study the formation and development of the jury in the United States in the second half of the 20th century.
To achieve this goal, the following tasks will be solved:
1. Show the origin and development of the jury in England;
2. Describe the emergence, development and features of the jury in the USA in the 18th-19th centuries;
3. Characterize the activities of the jury in the United States after the Second World War: the formation of the jury, the procedure for the jury in adversarial proceedings.
The structure of the work follows from these tasks, which consists of an introduction, two chapters divided into paragraphs, a conclusion and a list of references.
Chapter I. History of jury trials in the USA
§ 1. The origin and development of the jury in England
Since ancient times, along with despotic regimes, democratic republics arose and existed, albeit for a relatively short historical time, in which power was not concentrated in the hands of one person or group of people, but was largely delegated to free citizens. It was in such states that the judicial process, including in cases of crimes, was truly open and transparent. Moreover, citizens themselves could directly participate in the administration of justice. Usually, the most famous ancient states are the Athenian state and Ancient Rome, the court in which took place with the constant participation of representatives of the people who followed the ongoing process and often had a significant influence on the adoption of one or another court decision. In this regard, the criminal process of Ancient Athens and Rome had a pronounced adversarial nature, when representatives of the prosecution and defense, in addition to simply presenting the circumstances and their arguments, had to convince the representatives of the people participating in the criminal process that they were right.
In the later centuries of the Middle Ages, investigative (inquisitorial) criminal proceedings became increasingly common in European countries. Already in the 12th century. torture was permitted. Characteristic features of the investigative process: extensive initiative of the judiciary in initiating criminal prosecution and investigating the case, secrecy of the proceedings, their written form, limitation of the procedural rights of the accused.
A relative exception to this trend was medieval England, where the jury was created and operated, where royal power was limited to a certain extent by the presence of independent cities and fairly strong urban classes. In England, the adversarial nature of the criminal process was preserved; the participation of juries ensured a certain degree of public control over the judicial process.
Since the 12th century. in England there was a system of central courts: the “Court of the King's Bench”, the “Upper Court of the Chancellor”, the “Court of the Exchequer”, the “Court of Common Pleas”, as well as the traveling courts of “Assizes”, which not only developed the common law of England, but also generalized the most important rules of procedure.
The peculiarities of English legal proceedings, formed on the basis of the fusion of Anglo-Saxon and Norman elements, are usually associated with the establishment in the same 12th century. trial by jury, which included professional judges to decide exclusively matters of law, and assessors from the people to decide questions of fact, and with the emergence of the legislature. Over time, a provision was developed by virtue of which the legal norm set out in a court decision is binding on a lower court or a court of equal instance. This is the so-called theory of precedent, which created the system of case law. It is believed that the principle of precedent was formed at least in the 12th century. or even earlier.
In the royal courts after the Norman Conquest, prosecution by indictment was practiced by jury. King Henry II (1154-1189) in the second half of the 12th century. the law of 1166 established that 12 knights or other freemen from every hundred - the jury must present to the royal traveling judges, when they are in the district, all persons suspected of committing a felony (murder, robbery, robbery, arson, counterfeiting, theft , rape) based on any information, including information received from the sheriff. They provided material for the prosecution. Persons whom the jury pointed out as criminals were immediately subject to arrest and a royal trial. Later, from this institution, the institution of the English grand or indictment jury was developed.
From about the beginning of the 16th century, in the English process, there was a distinction between the functions of witnesses and jurors: the former reported information known to them, and the latter rendered a verdict - decided the issue of guilt. It was not until 1670 that the rules by which a juror could be punished for his verdict were abolished.
Trial by jury according to English customs was considered as the right of the accused who denies his guilt, and was subject to his consent.
Under the pressure of public opinion in the XVIII - XIX centuries. torture in English courts gradually ceased, and this is the opposite extreme; in cases tried with the participation of jurors, the accused was not interrogated at all.
According to the law of 1825, only English male citizens, not under 21 years of age and not over 60 years of age, who own land or a house generating a net income of at least 10 pounds per year, subject to freehold ownership or generating an income of at least 20 pounds per year, can serve on juries. pounds, subject to rental ownership. Persons occupying an apartment for which the annual rent was not less than 20 pounds could also be included in the jury lists.
In a criminal trial, there are two jury panels: a grand jury (Grand Jury) and a petty jury (Petty Jury). As a general rule, for crimes punishable by more than 6 months of imprisonment, the accused can only be tried by order of a Grand Jury. This institution was considered in English theory as one of the guarantees of personal freedom of citizens. The accused could be turned into a defendant only after the charge brought against him was confirmed by the verdict of a jury of 12-23 fellow citizens (i.e., the voice of the fatherland).
The Common Law Procedure Act 1854 already allowed that, by agreement of the parties, a civil case could be tried by a single judge. The Administration of Justice Act of 1933 provided that only cases of certain categories, including cases of fraud and defamation, could be tried by jury.
In 1967, the principle of jury unanimity regarding verdicts in criminal cases was abolished, and since 1971 in civil cases. The jury's decision is made if at least 10 of the 12 jurors vote for it.
Since 1972, the property qualification for juries was abolished in England, since due to the growth in the material and educational level of the people, the property qualification began to be viewed as an unfair and outdated privilege of the rich. At the same time, the minimum age for jurors was reduced from 21 to 18 years. Any citizen of the country between the ages of 18 and 70 can serve as a juror. He must have lived in England for at least 5 years after he turned 13 and must be included in the electoral register. Law enforcement officials, members of parliament, lawyers, doctors, priests, and certain categories of convicts suffering from mental illness cannot serve on juries.
However, the adversarial process, historically formed in England, marked the victory of the bourgeoisie over feudal absolutism and became most widespread in states with the so-called Anglo-Saxon legal system. In the area of organization and activity of the court, this meant replacing the bureaucratic courts of the absolutist state with jury trials, and the inquisitorial, secret and written criminal process with an adversarial process, which was conducted publicly and orally and where the accused had the procedural rights of a party.
§ 2. The emergence, development and features of the jury in the USA in the 18th-19th centuries.
The United States of America emerged as an independent state as a result of the revolution of 1776. The United States' struggle for independence lasted until January 1783, when England recognized the independence of the United States. This was preceded by a period of English colonial rule, which began in 1606. The English kings distributed vast territories of the colony to individuals almost with the rights of feudal owners, assigning to them political, administrative and judicial functions.
The grand jury arose in the middle of the 12th century in England and is associated with the name of King Henry II. The first official juries were created in Massachusetts, and by 1683 each colony had its own grand jury in one form or another.
Abolished in England in 1933, but still retained in the United States, the Grand Jury reviews the evidence presented by the prosecution and makes a decision: whether there is reason to believe that a crime was committed by a given person, and whether that person should stand trial.
A small panel of jurors in a criminal trial hears evidence and makes decisions on issues of fact, law
questions fall within the competence of the judge. Historically, a petit jury was a gathering of witnesses, eyewitnesses and others living nearby to the accused, they were tasked with deciding the question of a person's guilt, and then the royal coroner carried out the decision of the jury, that is, the community where the accused lived. The petty jury consisted of 12 people, and the jury's verdict had to be unanimous. American states have modified the old model. In many states, the number of juries has been halved (Florida) and courts have begun to allow non-unanimous jury decisions due to the high cost of creating a new jury. The Supreme Court has established that the minimum number of jurors in courts is 6, but in this case they must reach a unanimous verdict.
The legislation of the American states is characterized by a spirit of greater freedom, which is why public prosecutors have been introduced everywhere in America; the increase in the number of courts does not allow obstacles in bringing people to trial in America. America offers legal remedies for atrocities, but there are no such institutions acting uniformly. In America, each state has a special development of jurisprudence and this explains the great diversity in criminal proceedings. The idea of universal equality before the law influences both the composition of jury lists and the composition of the court.
The special structure of American life gives rise to a special view of the administration. In America, the power to draw up jury lists is not given to the sheriff. It should be noted that in many states, by law, officials, like judges, are elected by the people themselves, so judges, being dependent on the people and fearing falling under public disgrace, often indulge popular prejudices and the spirit of the party.
In the North American colonies, whose residents showed significant social and political activity and a spirit of opposition to the mother country, the English authorities did not always encourage the development of jury trials. At least, this was the case during the growing crisis in the relationship between London and the colonists in the early 1770s. This infringement of American rights was mentioned in the Declaration of Independence of 1776.
In America, the former colony of Great Britain created its own democratic state with one of the first Constitutions in the world. British rulers repeatedly prosecuted Americans for illegally transporting goods on ships of other powers, but local juries invariably acquitted the defendants.
It was during this period, after centuries of closedness and cruelty of the court, that the best minds of the revolutionary movement in Europe and the liberation movement in America realized the utmost importance of legislating the requirement for openness and publicity of the judicial process. Thus, norms on open consideration of court cases were included in the constitutions of the new bourgeois-democratic states.
The original text of the Constitution of the United States of America did not contain a separate rule on the publicity of judicial proceedings, but in the famous Bill of Rights of 1789 - 1791. (the first 10 amendments to the Constitution) such a norm was enshrined.
Adopted in 1868, the Fourteenth Amendment to the US Constitution, together with decisions of the US Supreme Court, extends the rights and guarantees proclaimed in the federal Bill of Rights to all states. Part one of this amendment states that “no State shall make or enforce any law abridging the privileges or liberties of the citizens of the United States. No State shall deprive any person of life, liberty, or property, without due process of law, or deny to any person subject to its authority the equal protection of the laws."
In subsequent years, the US Supreme Court has interpreted these guarantees in ways that adapt the institution of jury trials to changing conditions. The Supreme Court ruled that the right to a jury trial does not apply to minor cases and that any defendant can waive his right to a jury trial and have his case heard by a judge. At first, the entire jury consisted of 12 people who were required to make decisions unanimously. But the Supreme Court has added flexibility to the system by ruling that in some cases juries can be limited to six people and that not all verdicts must be unanimous.
Chapter II. Jury activity in the United States in the second half
§ 1. Formation of the jury
The initial stage of judicial review is the decision of who will consider the case - a jury (small jury) or professional judges. According to the 5th and 14th Amendments to the Constitution, everyone has the right to have their case given due consideration under the law. But not everyone has the right to select a jury. Of course, the right to jury selection for those accused of a felony or misdemeanor is recognized. The right to be convicted and tried, in no other way than on the basis of the “lawful decision of his fellow citizens,” adopted in the United States, has its origins in the English Charter of Liberty of 1215.
Long before the trial, the authorities of the territory draw up lists of people who can serve on jurors based on the voter lists. These lists are supplemented by lists from tax authorities, lists of qualifications and lists of persons holding a driver's license. Participation in court proceedings as a juror is both a privilege and a responsibility of a citizen. Based on these lists, a certain number of persons are selected. They exclude persons accused of serious crimes, who cannot read and write English, and persons included in a special professional list (according to which people with certain professions cannot serve as judicial jurors; there are about 70 such professions).
It is important to keep in mind that there has been a recent trend in the United States to eliminate all automatic exemptions from jury duty, including any exemptions for lawyers and even judges. The basis for the cancellation was the constitutional right of citizens to a representative composition of the board. “The fear that the presence of a lawyer on the jury will create problems,” writes Professor W. Burnham, “is considered exaggerated, since the task of the jury is to identify the factual side of the case, and for this a legal education is not at all a hindrance.”
All remaining candidates are checked for impartiality in the case. Those persons for whom jury duty would be an unreasonable burden (disabled people, the elderly) are also excluded from the lists. The selected people appear at the right time in court, where they are distributed among the courtrooms. The prosecutor and defense attorney also select the jury. They identify among them persons related to the case or simply biased towards the case. This is the most difficult condition for jury selection to comply with, since it is almost impossible to find persons who are completely impartial to the case. Sometimes the selection process for the most complex cases can last up to 70 days. The defendant, the judge and the lawyer have the right to challenge the jury for reasons; the number of jurors that these persons can challenge is regulated in each state by its own law. After this, the prosecutor and defense attorney are given the right to unmotivated challenges. Here, the number of challenges depends not only on the state law, but also on the category of the crime. Thus, in a felony charge, the defense attorney and prosecutor can seat up to 20 jurors.
The minimum number of jurors that must remain after all challenges must be 12. During the process of challenging jurors, the judge interrogates them in the presence of all persons participating in the case. This procedure is called voir dire. It may take as much time as the parties presenting evidence.
To ensure that the jury is of adequate quality and capable of performing its duties effectively and conscientiously, it is necessary that the “people's arbiters of justice” be free from bias towards the litigants, the state or the court. A citizen's obvious reluctance to serve as a juror, and even more so a hostile attitude, is grounds for his exclusion from the jury.
Currently in the United States, there are many different theories that may guide litigants in jury selection. “It is a widely held theory,” writes William Burnham, “that jurors who come from Nordic countries are more attuned to the prosecution in a criminal case and the defense in a civil case because they are less emotional. But people from the Middle East and Southern European countries prefer exactly the opposite positions. Or, for example, plaintiffs in civil cases and defendants in criminal cases will be biased in selection in favor of younger jurors of lower social status and different ethnic backgrounds. At the same time, civil defendants and government prosecutors will seek the opposite jury composition.”
In 1972, sociological research was first used in jury selection in the United States. They showed that with the right jury selection, both the lawyer and the prosecutor would be able to form the public opinion they needed, and hence the jury. This practice is illegal in the United States, and special government pollsters are now ensuring that public opinion is not artificially created in order to form an unbiased jury.
§ 2. Jury procedure in adversarial proceedings
The main stage of the American criminal process is trial. This stage exists in all types of proceedings, except for the option with deals on guilt, where the judicial review is not carried out in full. The judicial review procedure is the most detailed part of the process, both from the point of view of federal rules and other regulations. It forms the basis of the American doctrine of "due process" and is subject to the greatest degree of enforcement and scrutiny by both law enforcement and judicial review bodies. Americans adhere to strict formalism in this matter and punctually observe the rules of due process.
The procedure for considering civil and criminal cases is the same. In all courts, the accused has the right to a speedy trial, therefore the criminal procedural law establishes special deadlines - the accused must be brought to trial no later than 120 days from the date of arrest. Amendment 1 to the Constitution gives the accused the right to a public trial. Although this issue is governed only by common law, specific conditions have been developed under which the trial can be closed.
When the prosecutor presents his evidence, it is not only the judge who evaluates it, but also the lawyer. If a party violates the rules on the admissibility of the evidence presented, the opposing party must report this to the judge, who decides this issue independently, and if a jury is involved in the case, then the main task of the judge is to remove from the field of view of the jury materials of poor quality and not related to the subject of proof.
The closing statement is a stage of the trial at which the parties (the prosecutor speaks first) give a brief summary of the evidence collected and necessarily examined in court and which can be especially effective in a jury trial.
The jury instruction stage exists when a case is being tried by a jury. Under Federal Rules of Criminal Procedure § 1679, a jury instruction is a written explanation to the jury of the applicable law by a professional judge. Instructions are usually numerous and detailed; and the jury is allowed to take a copy of the instructions into the deliberation room. In addition to the applicable law, the instructions contain an explanation of the basic rights and responsibilities of the jury.
It should be noted that in the United States, particular importance is attached to the instructions given by the judge to the jury. For example, incorrect instructions on the burden of proof often lead to the overturning of court decisions when reviewed by higher courts. Also, the above example of prohibiting the judge from discussing in any way the weight of evidence, on the one hand, indicates the importance of ensuring the impartiality of jurors in making the right decision and ensuring its stability during appeal, and secondly, the enormous importance of such properties of evidence as their weight.
The purpose of the instruction is for each juror to understand his role and place. In practice, judges rarely draw up instructions themselves. The prosecutor and lawyer do this for them. The judge chooses the most acceptable option, adjusts it and passes it on to the jury.
At this point, the jury selects a foreman. In some states, the elder is chosen by a judge. From now until the verdict is reached, the jury must be kept in maximum seclusion. Jurors may only take their written notes on the evidence presented and a copy of the instructions with them into the deliberation room. After deliberation and voting, the elder announces the jury's decision on the question of fact whether the client is guilty or not and, if so, whether he deserves leniency.
The judge may hand down a sentence within days or weeks. The judge uses this time to study the personality of the client. The verdict is in writing and signed by the jury foreman, who is elected by the jury from among the jury members as its representative and leader. The verdict must not contain any justification for its conclusion. Jurors, being “judges of fact,” cannot in fact evade the legal and moral assessment of the actions of the accused. Therefore, all professional judges understand that the actual verdict of the jury will depend not only on the factual side of the case, but also on moral qualities, public opinion, social status and the activity of positions when discussing the verdict. After the verdict, but before sentencing, the defendant has the opportunity to apply for a “new trial” if he can argue that there were any errors in the trial. A motion for a new trial is not an appeal because no judgment has been entered by the trial court.
When a jury reaches a verdict, the sentencing stage is divided into a verdict and a professional judge's decision on the penalty. The time period between the verdict and the sentence is usually 20-30 days, but in special cases the period can be extended to 90 days. During this period of time, the accused may request familiarization with all materials of the case. This is necessary to implement the possibility of appealing the verdict. The judge, as already mentioned, at this time studies the personality of the accused in order to impose an individualized punishment. The sentencing is determined by the judge based on the defendant's personal file, which is provided to the judge by the police. This data does not appear anywhere during the proceedings, that is, it was not studied by the parties. It is the conscience of the police whether the materials about the accused are biased or impartial. The question of establishing the personal qualities of the accused specifically in court proceedings has been raised more than once in judicial practice.
§ 3. Criticism of the jury
Criticism of the jury is carried out mainly in two directions. Critics either point out the relative ineffectiveness and high cost of jury trials or question the ability of juries to decide cases correctly.
The question of the cost and ineffectiveness of jury trials. Consideration of cases in court with the participation of jurors takes 40 percent longer than consideration of cases by the “bench court,” that is, carried out by professional judges alone. Strictly applying the rules of evidence always takes time; lawyers spend much longer when presenting cases to a jury. Jurors, not being "professional case listeners" like judges, become tired and require more frequent breaks. Without a doubt, the jury decision-making process will be more protracted. The high crime rate in the country and the resulting huge number of criminal cases subject to trial overload the judicial machinery. According to American experts, if at least one percent of the entire mass of cases brought reached the stage of trial with the participation of a jury, the criminal justice system in the United States would cease to function normally. There simply would not be a sufficient number of judges, prosecutors, defense attorneys and material resources in the country to operate a system in which every accused person could exercise his constitutional right to a full trial. More than two million American citizens are called each year to decide whether their fellow citizen is guilty or not guilty, and juries cost the government at least $500 million a year.
Thus, courts pay jurors a “fee” for their time spent, reimburse travel expenses, pay for hotel accommodations, and partially compensate for lost wages while they served as jurors. At the same time, about 60 percent of the time spent is wasted—staying in the “waiting room.” The question of the abilities of the jury as subjects of decision-making in the case. Jurors are independent “judges of fact” and are forced to be passive, wordless listeners and spectators of the judicial investigation. They do not ask questions, do not take the initiative to examine evidence, do not express doubts and do not receive clarification. By believing that this is how they evaluate the content of the witness's testimony, the jury is actually deciding for themselves only the question of whether the witness can be believed. "To a large extent, this is just the jury's guesswork about the credibility or unreliability of witnesses." Critics of the jury often argue that in the legal system, only legal experts should be involved in the decision-making process - they say that non-lawyers should not be allowed into this process. Juries' difficulties are evident when they have to evaluate the testimony of scientific experts. What can the jury contrast in their minds with the authoritative opinion of the expert? Without professional knowledge, it is hardly possible to fully assess the scientific validity of studies using, for example, spectral analysis or tagged atoms, genetic or psychiatric studies, etc. However, the law also gives the other party the right to oppose the opinion of their expert. But when the prosecution and defense simultaneously put forward experts in the same field of knowledge, the analysis and evaluation of expert opinions sometimes turns into a competition, the driving force of which is not only, and sometimes not so much, the desire for scientific establishment of the truth, but the protection of the interests of the party, who paid for the expert’s speech, and the experts’ assertion of their own professional prestige. “As long as there is only one expert, he is invulnerable, even if he talks nonsense. Give him an opponent, the oracle’s words turn into a self-indulgent argument.”
Unable to evaluate the scientific objectivity and accuracy of conclusions, jurors usually decide which expert is more trustworthy, which makes the assessment of evidence of this kind formal in nature, preventing the formation of a reasonable “internal belief.” If jurors were allowed to intervene occasionally, even in the form of questions related to the merits of the evidence they are evaluating, the rhythm of the trial would be disrupted, control over its progress on the part of the judge, prosecutor and defense would be weakened, and the duration of the trial would increase. The formation of internal conviction among jurors is also complicated by the fact that the dispute between the prosecutor and the defense during the trial is aimed at protecting the interests of their side by all means, convincing the jury that they are right and achieving the desired verdict, influencing their consciousness, emotions, and prejudices.
Legal scholars, judges, and other experts who study the institution of jury trials point to a number of problems generated by current conditions that were completely unimaginable to the authors of the Bill of Rights, who included a guarantee of trial by jury in it.
One of the most vexing problems of this kind is the influence of race on the composition of juries. Traditionally, in jury selection, each party has the right to challenge without explanation a certain number of candidates from a list of potential jury members (the so-called “arbitrary challenge”). In recent years, some prosecutors have used this power to challenge all African-American candidates who prosecutors believe are biased in favor of defendants in criminal trials. The U.S. Supreme Court condemned the practice and ruled that prosecutors must have compelling reasons to challenge black jurors. But the decision is not easy to enforce because prosecutors have become accustomed to finding all sorts of excuses to disqualify potential African-American jurors without mentioning their race. As a result, black defendants and their lawyers grew dissatisfied with a system that, in their view, denied defendants the right to appear before a jury of equal social status.
Another problem that America's founding fathers could not have foreseen is the detrimental impact of celebrity jury trials on the institution. The popularity of movies and television in America has given rise to a glamorous culture where the rich and famous are looked upon as superior beings undeserving of the treatment reserved for ordinary citizens. As a result, when a celebrity appears in court, and her fans sit on the jury, a paradoxical situation can arise.
Jury itch is a chronic problem in trials involving celebrities. In the eyes of many jurors, a publishing deal is their only chance in life to make big money, and they are not always able to resist the temptation. At the end of the sensational trial of the once famous football player and actor O. J. Simpson (contrary to expectations, the jury acquitted the defendant accused of the double murder of his wife and her friend), the presiding judge sadly noted the fact that every one of the jurors was trying to conclude copyright deals. Legal scholars recognize that jurors have freedom of speech under the First Amendment to write about the case in which they are involved. However, the general consensus is that such a practice could have a detrimental effect on the institution of jury trials.
Conclusion
The jury trial in the United States was modeled after the English jury trial. In the United States, the jury trial, which deals with most important criminal cases and some civil cases, is considered a fundamental part of justice and is used much more intensively than in its homeland in England.
US judicial practice is such that no more than 15 percent of only serious criminal cases that have attracted public attention are tried with the participation of jurors.
The introduction of jury trials into the practice of Russian criminal proceedings is traditionally regarded as great progress in the field of protecting human rights and increasing the objectivity of justice. However, there are also critical opinions on this matter.
The Russian jury has some similarities with a similar legal institution in the United States. These are such general points as: there are 12 jurors and one judge, the jury selection procedure allows for both peremptory and justified challenges, illegal and improper evidence is excluded from deliberations by the jury. The jury is instructed and deliberates without outside interference under the supervision of a foreman of their choosing. The jury deliberates independently of the judge and has primary responsibility for determining the issues of fact in the case and for applying to those facts the law directed to them by the judge during instruction. However, the jury is not required to justify their decision.
If we compare the Russian and American models of legal proceedings with the participation of a jury, then first of all we need to pay attention to the fact that in the United States, unlike Russia, there is no single criminal procedure code valid throughout the country.
If we compare the requirements imposed by the law of Russia and the United States on candidates for jurors, the fundamental difference is that in the United States, in the context of jury reform, they are increasingly talking about the constitutional right, first of all, of the defendant (secondly of the state) to trial jury That is why in the United States it is considered important that the jury be formed from representatives of the broadest sections of the population living in the territory under the jurisdiction of the court, which is called the “representative principle of forming a jury.
Analyzing the composition of the jury in different periods of time, we can conclude that traditionally the Anglo-American jury consisted of twelve people. Currently, the same quantitative composition remains for the consideration of criminal cases both in Russia and in US federal courts. In state courts for capital crimes, the requirement of a 12-member jury and a unanimous verdict is also mandatory; however, in cases of minor crimes and non-capital felonies, state courts may have panels of eight, seven, or even six jurors.
Some cases are mentioned in which jurors acted in violation of the law and made decisions in an arbitrary manner. The question arises: how serious is the likelihood of a jury deciding the case incorrectly? Is it true, as critics claim, that trial by jury
can be misled by smooth-talking lawyers who present emotional evidence in favor of their side? However, it must be remembered that the issues of law in the case are decided by the judge. This is the division of duties between the professional judge and the jury, that the jury decides only questions of fact. To perform this function, having a legal education cannot always be considered a plus.
According to some researchers, there are currently more arguments against jury trials than arguments in favor. “Today the very idea of transferring judicial power to 12 jurors, random people, seems absurd to many. Random selection of jurors may render them intellectually unable to evaluate the evidence in a case. Jurors are believed to be biased in cases. For example, in car accident cases they are often on the driver's side. And in cases involving accusations against journalists and newspapers, it is often not on their side. Jurors are easily influenced by eloquent speakers. The composition of the jury does not always reflect the social composition of the country's population. In general, in the West there is an undoubted decline in the institution of juries and a reduction in its role in the administration of justice.”
In addition to the mentioned disadvantages, which distinguish a jury trial to the highest degree, such courts, being numerous and closest to different strata of society, are the optimal conductors of the procedural requirement of publicity. As for the adversarial principle, it is in a jury trial that it is observed to the maximum extent, since the jury, completely unfamiliar with the details of the preliminary investigation, judge the case solely on the basis of the data presented during the trial.
When assessing the practice of jury trials in the light of the provisions of the adversarial principle, it is necessary to maintain objectivity and take into account the pros and cons. A jury trial requires a high-quality investigation, evidence of guilt must be irrefutable, and the prosecutor’s speech must be no less convincing than the lawyer’s speech. All this can set a completely new tone for our law enforcement system, visibly increase its effectiveness, and as a result, the trust of society as a whole in it. This is the main positive aspect of jury trials. At the same time, it is necessary to supplement the provisions of the law on the selection of jurors. The mechanism for selecting candidates must be impeccable so that there are no persons incapable of making responsible decisions.
One of the main questions that must be answered in the course work is relevance of the chosen topic. That is, you need to firmly know why you should study the chosen topic. Because if the research is not relevant at the time, then there is no point in starting to write the paper.
In terms of relevance, you need to indicate the level of importance of the topic of the coursework today, its prospects. Everything is written briefly, clearly and specifically, without any “extra fluff”. As a rule, the relevance of the topic is associated with the economic, social or political situation in the country. At the same time, they indicate how this research can help improve the situation at a specific site or in the country as a whole. Typically, the volume sufficient to write a topic is half a page.
When writing relevance, there are two main characteristics that you should focus on:
- Knowledge of the topic. In this case, it will be relevant because some aspects have not been sufficiently studied and this study is aimed at filling these gaps.
- Relevance is focused on the ability to find a solution to some practical problem based on data obtained as a result of research.
Either one or both characteristics are present in the composition of this important part.
It should be remembered relevance of the topic of the course work is located at the beginning, and then there are goals and objectives.
If, nevertheless, during the writing of a scientific research many questions arose, then you can use the services of our specialists and have all its parts written correctly. 
Example 1. Relevance of the problem. The relevance of this study is determined primarily by the state of modern ergonomics, which has accumulated a huge amount of factual material about a person as a leading link in the “man-to-person” system (HHS). This material requires systematization, generalization, comprehension, structuring and presentation of it as a single complex of knowledge about ergatic systems.
Ergonomic anthropology is one of the first areas of research in the field of synthesis of ergonomic knowledge. It reflects one of the aspects of morpho-psychological research of a complex and systemic nature, developed at the intersection of anthropology and psychology within the framework of ergonomics.”
The ability to solve a specific practical problem based on the data obtained in the study.
Example 2. “Relevance and statement of the research problem. The current trend of increasing crime in Russia in recent years, the death of many police officers in the performance of official duty, and the ever-increasing demands in society on the problem of combating crime predetermine the need to significantly increase the level of combat, physical and moral. psychological training of personnel, searching for new, effective ways to train them.
The presence of a problematic situation was repeatedly emphasized in the decision of the Board of the Ministry of Internal Affairs of Russia, at meetings of the Minister of Internal Affairs with the teaching staff of educational institutions of the Ministry of Internal Affairs of Russia, where it was directly stated that graduates of educational institutions are not always able to resist the criminal environment and have poor physical and psychological preparedness.
The prospects for the development of psychological training in internal affairs bodies can only be determined on the basis of a scientifically based concept. However, in our opinion, there is no such concept in the Ministry of Internal Affairs today.”
Relevance The research is due to the fact that organizational changes are an integral feature of modern business. This new reality requires completely different survival skills and the realization that nothing is permanent anymore, and the ability to change in time and in the right way becomes one of the determining factors for the success of a modern organization. Organizational activities are influenced by the increasing pace and scale of revolutionary changes in the technological base of production. An enterprise, becoming an object of commodity-money relations, possessing economic independence and fully responsible for the results of its economic activities, is obliged to form a management structure that would ensure high operational efficiency, competitiveness and stability of its position in the market. An organization is a complex organism. It intertwines and coexists the interests of individuals and groups, incentives and restrictions, rigid technology and innovation, unconditional discipline and free creativity, regulatory requirements and informal initiatives. Of course, such a complex organism as a modern organization cannot be understood only from the standpoint of its formal structure and decomposition into separate parts. Consequently, the fundamental task in the theory of modern organization is to study the influence of individuals and groups of people on the functioning of the organization and the changes occurring in it, on ensuring effective purposeful activities and obtaining the necessary results. Based on all of the above, we can confidently say that today, in Russia, in the interests of survival and flexible response to dynamically changing market conditions, increasing sustainability and adaptability in meeting consumer demand, overcoming the lag in the development of technology and technology, in ensuring high quality products and services provided, enterprises must purposefully carry out organizational changes. Thanks to this, inertia and stagnation in management structures, in the existing system of connections and relationships is overcome. Therefore, it was this problem that formed the basis of the scientific research of this thesis.
Purpose thesis - to develop proposals for improving the management of the sales department of Roza Vetrov LLC.
Object of study is a personnel management system at the tourism enterprise "Wind Rose".
Subject of research is the management of the sales department of Roza Vetrov LLC.
During the study, the following were decided tasks:
4. Explore the theoretical foundations of organizational change
5. Analyze the work of the sales department of Roza Vetrov LLC
6. Develop proposals for improving the management of the sales department of Roza Vetrov LLC.
The presented thesis consists of two chapters. The first part, the first chapter, examines theoretical material related to the main issues of organizational change. Here the concepts of organizational change, resistance to organizational change are revealed, the prerequisites and conditions promoting organizational change, and the main methods of carrying out organizational change are considered. The second part of chapter one is devoted to the study of the object of study. A brief general description of the enterprise is given, then the organizational structure is considered. The second chapter of this diploma project is devoted to the study of the need for organizational changes at the company "Roza Vetrov" LLC. This section identifies the needs and areas of organizational change aimed at people management and production management. The second chapter of the proposed project is devoted to the development of a general program of directions for organizational change. In conclusion, conclusions are formulated based on the results of the completed diploma project. When writing the work, literature from domestic and foreign authors and certification documentation of the enterprise were used.
MUNICIPAL BUDGETARY PRESCHOOL EDUCATIONAL INSTITUTION "KINDERGARTEN "SOLNYSHKO"“Folk tale as a means of enriching the vocabulary of children of senior preschool age”
(use of non-traditional mnemonic technology in the development of speech of preschool children)
PEDAGOGICAL RESEARCH
Teacher of MBDOU "DS "Solnyshko"
Muravlenko city, Yamalo-Nenets Autonomous Okrug
Ivlanova T. S.
under the leadership of the deputy Head Nacharova O.V.
Muravlenko, 2016
Explanatory note
Relevance The research is due to the fact that the Federal State Educational Standard for Preschool Education and the high social significance of the integrated approach to education forces us to take a different look at the issues of upbringing and teaching in kindergarten. Fiction plays a big role in a person’s personal development. Its educational, cognitive and aesthetic significance is enormous, since by expanding the child’s knowledge of the world around him, it influences his personality, develops the ability to subtly sense the imagery and rhythm of his native speech, and plays an important role in the development of speech and replenishment of the child’s vocabulary.
The problem of vocabulary work with children at the stage of preschool childhood has been studied in different directions by many scientists. In particular, enriching the vocabulary of early preschool children (Yu.A. Arkin, G.M. Lyamina, A.M. Bogush, Yu.S. Lyakhovskaya, I.M. Nepomnyashchaya, etc.); features of the formation and development of children's vocabulary during preschool childhood (A.P. Ivanenko, M.N. Konina, N.I. Lutsan, Yu.S. Lyakhovskaya, etc.).
In modern methods, vocabulary work is considered as a purposeful pedagogical activity that ensures effective development of the vocabulary of the native language. The development of a dictionary is understood as a long-term process of quantitative accumulation of words, the development of their socially assigned meanings and the formation of the ability to use them in specific communication conditions.
The study of speech development was carried out by such outstanding psychologists, teachers and linguists as K. D. Ushinsky, L. S. Vygotsky, V. V. Vinogradov, A. V. Zaporozhets, A. A. Leontyev, S. L. Rubenstein, F. A. Sokhin, E.A. Flerina, D. B. Elkonin.
In the methodology for developing the speech of older preschoolers, there are many studies devoted to the use of folk tales in the development of children’s speech: E.N. Vodovozova, N.V. Gavrish, E.M. Strunina, O.S. Ushakova V.N. Makarova, E.A. Stavtseva, M.N. Miroshkina and others. All of them indicate the possibility of effectively using Russian folk tales to enrich the vocabulary of preschool children.
Folk tales reveal to children the precision and expressiveness of language, showing how rich native speech is in humor, lively and figurative expressions. The inherent extraordinary simplicity, brightness, imagery, and ability to repeatedly reproduce the same speech forms and images force fairy tales to be put forward as a factor in enriching the coherent speech of children of primary importance. Russian folk tales promote the development of speech and provide examples of the Russian literary language.
Considering the above facts, there was a need to search for effective pedagogical activities to enrich the vocabulary of preschool children through the use of folk tales, which determines the topic of our research "Folk tale as a means of enriching the vocabulary of children of senior preschool age."
Object of study: the process of enriching the vocabulary of children of senior preschool age.
Subject of study: folk tales as a means of enriching the vocabulary of children of senior preschool age.
Purpose of the study: studying the influence of folk tales on the process of enriching the vocabulary of children of senior preschool age in a preschool educational institution.
Research objectives:
Analyze psychological and pedagogical literature on the problem under study, review the basic concepts.
Reveal the tasks and content of vocabulary work in kindergarten;
To characterize the use of folk tales in enriching the vocabulary of children of senior preschool age.
Organize and conduct experimental and practical work to enrich the vocabulary of older preschool children using folk tales.
Process and analyze the results obtained and draw conclusions about the study.
Practical significance: the pedagogical activities proposed in the study (work on reference diagrams - mnemonic tables; developmental classes on Russian folk tales) to enrich the vocabulary of children of senior preschool age through the use of folk tales can be used in practical activities by teachers of preschool educational institutions.
Research base: The study was conducted on the basis of MBDOU "DS "Solnyshko" in Muravlenko, Yamal-Nenets Autonomous Okrug. 20 children from a school preparatory group took part in the experiment.
Theoretical justification for the use of folk tales in enriching the vocabulary of children of senior preschool age
1.1 Objectives and content of vocabulary work in preschool educational institutions
In the domestic methodology for speech development, the tasks of vocabulary work in kindergarten were defined in the works of E. I. Tikheeva, O. I. Solovyova, M. M. Konina and clarified in subsequent years.
Today it is customary to identify four main tasks:
Firstly, enriching the vocabulary with new words, children learning previously unknown words, as well as new meanings for a number of words already in their vocabulary. The enrichment of the dictionary occurs, first of all, due to commonly used vocabulary (names of objects, characteristics and qualities, actions, processes, etc.).
Secondly, consolidation and clarification of vocabulary. This task is due to the fact that in children the word is not always associated with the idea of the object. They often do not know the exact names of objects. Therefore, this includes deepening the understanding of already known words, filling them with specific content, based on an exact correlation with objects of the real world, further mastering the generalization that is expressed in them, and developing the ability to use commonly used words.
Thirdly, activation of the vocabulary. Words acquired by children are divided into two categories: passive vocabulary (words that the child understands, associates with certain ideas, but does not use) and active vocabulary (words that the child not only understands, but actively, consciously uses in speech on every appropriate occasion) . When working with children, it is important that a new word enters the active vocabulary. This happens only if it is consolidated and reproduced by them in speech. The child must not only hear the teacher’s speech, but also reproduce it many times, since during perception, mainly only the auditory analyzer is involved, and in speaking, also the muscular-motor and kinesthetic analyzers.
The new word should enter the dictionary in combination with other words so that children get used to using them in the right cases. For example, children freely recite K. Chukovsky’s verses: “Long live fragrant soap!” - but it’s rare that a child, smelling a rose, will say: “What a fragrant flower” or, touching a fluffy hat: “What a fluffy hat!” In the first case, he will say that the flower smells good, in the second - that the hat is soft.
You should pay attention to clarifying the meaning of words based on contrasting antonyms and comparing words that are similar in meaning, as well as mastering shades of word meaning, developing vocabulary flexibility, and using words in coherent speech and in speech practice.
Fourthly, eliminating non-literary words (dialect, colloquial, slang) from children’s speech. This is especially necessary when children are in a disadvantaged language environment.
All the problems discussed above are interrelated and are solved at a practical level, without using the appropriate terminology.
The development of social experience occurs throughout the child’s life. Therefore, vocabulary work is connected with the entire educational work of a preschool institution. Its content is determined on the basis of an analysis of the general program for the development and upbringing of children: this is the vocabulary necessary for a child to communicate, meet his needs, navigate the environment, understand the world, develop and improve various types of activities. From this point of view, the content of the dictionary work highlights words denoting material culture, nature, man, his activities, methods of activity, words expressing an emotional and value-based attitude to reality.
First of all, children learn:
Household dictionary: names of body parts, faces; names of toys, dishes, furniture, clothing, toiletries, food, premises;
Natural history dictionary: names of inanimate natural phenomena, plants, animals;
Social science dictionary: words denoting phenomena of social life (people’s work, native country, national holidays, army, etc.);
Emotional-evaluative vocabulary: words denoting emotions, experiences, feelings (brave, honest, joyful);
Qualitative assessment of objects (good, bad, excellent);
Words, the emotional significance of which is created with the help of word-formation means (darling, little voice), the formation of synonyms (came, tangled, laughed, giggled);
Using phraseological combinations (run headlong);
Words whose actual lexical meaning contains an assessment of the phenomena they define (old - very old);
Vocabulary denoting time, space, quantity.
Children's active vocabulary should contain not only the names of objects, but also the names of actions, states, characteristics (color, shape, size, taste), properties and qualities; words expressing specific (names of individual objects), generic (fruits, dishes, toys, transport, etc.) and abstract generalized concepts (good, evil, beauty, etc.). The mastery of such words should be based on the formation of conceptual knowledge that reflects the essential features of objects and phenomena. In grammatical terms, these are words - nouns, verbs, adjectives, adverbs.
Throughout preschool childhood, in different age groups, the content of vocabulary work becomes more complex in several directions. V.I. Loginova identified three such areas: expanding the vocabulary based on familiarization with a gradually increasing range of objects and phenomena; mastering words based on deepening knowledge about objects and phenomena of the surrounding world; the introduction of words denoting elementary concepts based on the distinction and generalization of objects according to essential characteristics.
It should be especially noted that in kindergarten vocabulary work is carried out primarily in the onomasiological aspect (attention is drawn to the names of objects - What is this called?). In addition, we should also highlight the work on the semantic side of speech, on the semantics of the word, i.e. semasiological aspect (attention is drawn to the word itself - What does this word mean?). It is necessary to develop in children a desire to find out what a word means, to teach them to notice unfamiliar words in someone else’s speech, and to develop an awareness of the combination of words.
Children learn not only to correlate words by meaning, but also to explain them, to interpret words and phrases.
The specific volume of the dictionary is determined based on an analysis of the program for introducing children to the life around them, physical education, environmental and musical education, visual arts, mathematical development, games and entertainment, introduction to book culture, etc.
In the basic general education programs of kindergarten, no instructions are given regarding the amount of vocabulary; only some words are given as examples. The absence of a specific vocabulary that children must master leads to episodic and spontaneity of vocabulary work, its planning and implementation. Taking into account the needs of practice, a number of studies have attempted to create approximate minimum dictionaries for children of different age groups. Vocabulary lists are compiled based on the analysis of the content of the section, the establishment of interdisciplinary and interthematic connections (Yu. S. Lyakhovskaya, N. P. Savelyeva, A. P. Ivanenko, V. I. Yashina, N. P. Ivanova).
When selecting words, the following criteria are taken into account: communicative appropriateness of introducing the word into the children’s dictionary; the need for words to master the content of ideas recommended by the kindergarten program; frequency of word use in the speech of adults with whom children communicate; the attribution of the word to commonly used vocabulary, its accessibility to children in terms of lexical, phonetic and grammatical features.
According to the degree of generalization, difficulty of pronunciation, complexity of grammatical forms;
Taking into account the level of mastery of the vocabulary of the native language by children of this group;
The significance of words for solving educational problems;
The significance of the word for children of a given age understanding the meaning of works of art;
Selection of words belonging to different parts of speech (nouns, adjectives, adverbs).
The distribution of vocabulary by parts of speech aims the teacher to work with all lexical categories.
1.2 Folk tales as a means of enriching the vocabulary of preschool children
The problem of using fiction and oral folk art, in particular fairy tales, for the purpose of educating preschool children is considered by many teachers and psychologists. The fairy tale and its influence on the education of preschool children has become the subject of research by many domestic teachers and psychologists (L. N. Tolstoy, K. D. Ushinsky, A. P. Usova, E. A. Flerina, N. S. Karpinskaya, V. A. Ezikeeva and others).
Experience shows that the effectiveness of educational work sometimes depends a lot on the skillful use of the pedagogical traditions of the people, in which, which is very important, teaching and upbringing are carried out in harmonious unity. One of the folk forms of teaching and educating the younger generation is the fairy tale.
A folk tale is one of the first works of verbal art that a child hears in early childhood. Children love fairy tales. Created in ancient times, it still lives, captivating children with both its content and artistic form, the fairy tale is always instructive, it is the first to introduce the child to the art of its people, its culture.
A fairy tale is an oral folk work. It arose in the mouths of talented storytellers, in direct communication between the storyteller and the audience, and it received its name from the word “to tell.” Over the course of a long time, the fairy tale, passed from mouth to mouth, from generation to generation, acquired traditional, stable forms of composition and accuracy and expressiveness of language. The intonations of folk speech sound more convincing in the oral transmission of a fairy tale, rather than in reading it from a book, so it is better to tell a fairy tale to a child rather than read it.
Russian folk tales reveal to children the accuracy and expressiveness of the language, showing how rich their native speech is in humor, lively and figurative expressions. The amazing power of the linguistic creativity of the Russian people has never manifested itself with such vividness as in folk tales. The inherent extraordinary simplicity, brightness, imagery, and ability to repeatedly reproduce the same speech forms and images force fairy tales to be put forward as a factor in the development of children’s coherent speech and the enrichment of their vocabulary.
Fairy tales are works of great art. When you get to know them, you don’t notice their complex structure - they are so simple and natural. This is evidence of the highest skill of the performers.
Often fairy tales (especially fairy tales) begin with so-called sayings. Their purpose is to prepare the listener for the perception of the fairy tale, to set him in the appropriate mood. “It happened at sea, on the island,” the storyteller begins. “On the island of Kidan there is a tree with golden domes, and the cat Bayun walks along this tree: he goes up and sings a song, and down he goes and tells fairy tales. That would be interesting and entertaining to watch! This is not a fairy tale, but there is still a saying, and the whole fairy tale lies ahead. This tale will be told from morning until afternoon, after eating soft bread. Here we will tell a fairy tale...” Often the sayings are humorous.
A saying can also end a fairy tale, and in this case it is not directly related to the content of the fairy tale. Most often, the storyteller himself appears in the saying, hinting, for example, at a treat: “Here’s a fairy tale for you, and for me a jar of butter.”
The traditional element of a fairy tale is the beginning. The beginning, like the saying, puts a clear line between our everyday speech and fairy-tale narration. At the same time, the beginning defines the characters of the fairy tale, the place and time of action. The most common beginning begins with the words: “Once upon a time...”, “Once upon a time...”. Fairy tales have more detailed beginnings: “In a certain kingdom, in a certain state, there lived a king...” But often fairy tales begin directly with a description of the action: “I got caught in a trap...”
Fairy tales also have unique endings. The endings sum up the development of the fairy tale action. This is how, for example, the fairy tale “About Winter Beasts” ends: “And the bull is with his friends and still lives in his hut. They live, prosper and make good.”
Repetitions (usually not literal) are widely used in fairy tales. The repetition is most often three times. So, in the fairy tale “The Master and the Carpenter,” a man beats the master three times for insulting him; in the fairy tale “Ivan Bykovich,” the hero fights to the death with Snakes for three nights in a row, and each time with a Snake with a large number of heads.
In fairy tales (especially fairy tales), so-called constant (traditional) formulas are often found. They move from fairy tale to fairy tale, conveying established ideas about fairy-tale beauty, time, and landscape. They say about the hero’s rapid growth: “Grows by leaps and bounds.” His strength is revealed by the formula used when describing a battle: “If he swings to the right, there’s a street, to the left, there’s an alley.” This is how the running of a heroic horse is captured: “The horse gallops higher than a standing forest, lower than a walking cloud, passes lakes between its legs, covers fields and meadows with its tail,” and this is how beauty is conveyed: “Neither can be said in a fairy tale, nor described with a pen.”
In many fairy tales you can find a poetic part. Most traditional formulas, sayings, beginnings and endings are created using verse, which is called tale. This verse differs from the classical verse of Pushkin, Lermontov, Nekrasov, which is familiar to us, with a certain number of syllables and stresses in the verses and often rhymes; There can be a different number of syllables.
Some fairy tales were told entirely in fairy verse. Such, for example, are the tales about the goat - the white beard, the righteous crow.
Dialogue is widely used in fairy tales - a conversation between two or more characters. Sometimes fairy tales are entirely built on dialogue, such as the fairy tale “The Fox and the Black Grouse.” Dialogues of fairy tales are living dialogues. They convey the natural intonations of the speakers, perfectly imitate the reckless speech of a soldier, the cunning speech of a peasant, the stupid, arrogant speech of a master, the flattering speech of a fox, and the rude speech of a wolf.
The language of fairy tales is rich. Animals in fairy tales have their own names: the cat is Kotofey Ivanovich, the fox is Lizaveta Ivanovna, the bear is Mikhailo Ivanovich. Nicknames of animals are not uncommon: wolf – “from behind the bushes”, fox – “beauty in the field”, bear – “oppressive to everyone”...
In a work of art, poetic devices are always used expediently and economically. They are also signs of the genre. That is why we do not find, for example, in fairy tales about animals, instead of their usual beginning “Once upon a time there were…” an expanded, fantastic beginning of a fairy tale. It wouldn't be artistic. That is why the lush “formular” dialogues that characters in fairy tales conduct among themselves differ from the dialogues of characters in short story tales: in the latter, the dialogues are close to our living, everyday speech, although they do not copy it.
These are Russian folk tales. They are one of the most precious pearls we have inherited. If we keep in mind only the plots of fairy tales, then there are more than a thousand of them, and the published recordings of fairy tales are about five thousand.
Russian folk tales promote the development of speech and provide examples of the Russian literary language. E.A. Flerina noted that a literary work provides ready-made linguistic forms, verbal characteristics of the image, definitions with which the child operates. By means of artistic expression, even before school, before mastering grammatical rules, a small child practically masters the grammatical norms of the language in unity with its vocabulary.
N.S. Karpinskaya also believed that a fiction book provides excellent examples of literary language. In stories, children learn laconicism and precision of language; in poetry - musicality, melodiousness, rhythm of Russian speech; in fairy tales - accuracy, expressiveness.
From a fairy tale, a child learns many new words and figurative expressions, his speech is enriched with emotional and poetic vocabulary. A fairy tale helps children express their attitude to what they have heard, using comparisons, metaphors, epithets and other means of figurative expression.
The educational function of literature is carried out in a special way, inherent only to art - by the force of influence of the artistic image. In order to fully realize the educational potential of literature, it is necessary to know the psychological characteristics of the perception and understanding of this type of art by preschoolers.
Preschool children are listeners, not readers; Russian folk tales are conveyed to them by the teacher, so their mastery of expressive reading skills is of particular importance.
The teacher faces a difficult task - to convey each Russian folk tale to children as a work of art, to reveal its intention, to infect listeners with an emotional attitude towards fairy-tale characters, their feelings, actions or to the lyrical experiences of the author, that is, to intonationally convey their attitude towards the heroes and characters . And for this, it is necessary for the teacher himself, before introducing children to a fairy tale, to understand and feel it, to be able to analyze it from the point of view of content and artistic form. And, of course, the teacher must master reading and storytelling techniques - clear diction, means of intonation expressiveness (correctly place logical stresses, pauses, master the tempo, being able to speed up or slow down, raise or lower the voice in the right places).
Let's consider the methodology of artistic reading and storytelling in the classroom.
MM. Konina distinguishes several types of activities:
1. Reading or telling one work.
2. Reading several works united by a common theme or unity of images. You can combine works of the same genre or several genres. These classes combine new and already familiar material.
3.Combining works belonging to different types of art:
A) reading a literary work and looking at reproductions of a painting by a famous artist;
B) reading combined with music.
In such classes, the power of influence of works on the child’s emotions is taken into account. There should be a certain logic in the selection of material - increased emotional intensity by the end of the lesson. At the same time, the characteristics of children’s behavior, culture of perception, and emotional responsiveness are taken into account.
4. Reading and storytelling using visual material:
A) reading and storytelling with toys (re-telling the tale “The Three Bears” is accompanied by showing toys and actions with them);
B) tabletop theater (cardboard or plywood, for example, based on the fairy tale “Turnip”);
C) puppet and shadow theater, flannelgraph;
D) filmstrips, slides, films, television shows.
5. Reading as part of a speech development lesson:
A) it can be logically related to the content of the lesson;
B) reading can be an independent part of the lesson.
In the teaching methodology, issues such as preparation for the lesson and methodological requirements for it, conversation about what has been read, repeated reading, and the use of illustrations should be highlighted.
Fairy tales are told and read to children. They are told less often than at the previous age level, since most fairy tales are large in volume and it is not easy for the teacher to remember them.
Preschoolers are prepared to perceive a new fairy tale in different ways.
1. The teacher places a new book in the book corner, if possible - separately, drawings by artists for this work. Children, looking at the illustrations, try to determine what kind of book it is and what it is about. At the beginning of the lesson, the teacher asks the children about their assumptions and praises them for their observation and insight. Names the work.
2. The teacher demonstrates toys, objects related to the content of the fairy tale and unfamiliar to the children, helps them remember their names, explains their purpose, and talks about their features.
3. The teacher conducts a special speech exercise to help children learn new words. So, before reading the fairy tale “The Boasting Hare,” he says: There is a giant house. “Not a house, but a home!” - passers-by admire. And he invites the children to come up with words themselves that characterize very large objects. Listens to the answers. She asks her to finish the phrases that she will pronounce (Does the cat have a mustache, does the tiger? - whiskers, does the cat have a paw, does the lion? - paws). He explains that the words mustache and paws belong to the hare - the hero of the new fairy tale “The Boasting Hare”. This hare, boasting, said: “I don’t have a mustache, but whiskers, not paws, but paws, not teeth, but teeth,” says the teacher. He asks to repeat what the hare said. He asks: “Do you think the fairy tale should be about a giant hare?” After listening to the conflicting opinions of the children, he suggests: “Well, let’s check which of you is right,” and reads a fairy tale.
4. The teacher says that he is going to tell a fairy tale with a completely unusual title - “Winged, furry and oily.” He asks: “Who do you think they are?” (By answering this question, children practice their ability to coordinate an adjective with a noun in gender and number.)
“You know the name of the fairy tale. Try, focusing on it, to compose its beginning,” the teacher suggests a new task. Then he asks you to come up with an ending to the work.
In this age group, sayings should be used more often, especially in cases where preparatory work is not carried out for the lesson. It is desirable that the mood of the saying be related to the work, although this selection will be largely conditional. Practice shows that in the second half of the year, preschoolers, having learned to listen attentively to a saying, often quite correctly guess what will be discussed. The saying should be told twice.
After reading (telling), the teacher conducts a conversation that helps children better understand the content of the fairy tale and correctly evaluate some of its episodes; repeat once again the most interesting comparisons, descriptions, typically fairy-tale figures of speech, that is, to comprehend the linguistic features of works of this genre.
The need for such a conversation is obvious. The famous Soviet psychologist B.M. Teplov noted that a work of art appears to a child as an aesthetic object not from the very beginning, but when it becomes concrete and meaningful for him. This statement applies entirely to works of fiction. At the same time, we should not forget that every meeting with a fairy tale is, first of all, the education of the child’s feelings. It is absolutely true that the child should not reason, but enjoy what he hears. However, it must be emphasized once again that this is possible when he at least partially remembers the text.
Thus, a conversation on the content of the works should not obscure the just-heard fairy tale from the child, but, as it were, “highlight” it, turning all its facets towards the child, and then once again present (show) it in its entirety.
A folk tale, being a reflection of the soul of a people, becomes a conductor of its culture in the heart of a child. In order for every trip to a new country to be interesting and exciting for children, the reading (telling) of a fairy tale must be accompanied in a simple and accessible form for children by a story (necessarily supported by visual evidence) about the nature of this country, about the people (show national costumes and traditional housing), about folk music and children's songs of different nations, about folk games (choose suitable ones for this age). It is important for children to feel the beauty of both nature and folk art; for this it is necessary to use colorful illustrative material, soundtracks, and souvenirs from different countries.
Thus, having analyzed the literary sources on the problem under study, we came to the following conclusions:
We have identified four main tasks of vocabulary work in preschool educational institutions:
1) enriching the dictionary with new words, children learning previously unknown words, as well as new meanings for a number of words already in their vocabulary;
2) consolidation and clarification of vocabulary;
3) activation of the dictionary;
4) elimination of non-literary words (dialectal, colloquial, slang) from children’s speech.
We have established that the effectiveness of educational work depends a lot on the skillful use of the pedagogical traditions of the people, in which training and education are carried out in harmonious unity. Folk tales reveal to children the precision and expressiveness of language, showing how rich native speech is in humor, lively and figurative expressions. The amazing power of the linguistic creativity of the Russian people has never manifested itself with such vividness as in folk tales. The inherent extraordinary simplicity, brightness, imagery, and ability to repeatedly reproduce the same speech forms and images force fairy tales to be put forward as a factor in the development of coherent speech in children of primary importance. A folk tale, with its rich, expressive language, being accessible to the perception of older preschoolers, acts as a powerful means of developing children's figurative speech.
The relevance of the topic is due to the fact that...
The need to develop a topic is due to the fact that...
The choice of topic (explained, caused) is dictated by the fact that...
...All these circumstances determine (all this determines) the relevance of the study.
…That’s why it becomes especially relevant…
...That's why the question remains relevant...
Purpose of the abstract– analyze a phenomenon, concept (of what?), problem (of what?).
Main objectives of the abstract:
· consider (touch on, reveal)…;
· compare (compare) ...;
· study (research) ...;
· identify (highlight)… etc.
Examples of wording for the subject and object of research
Subject of study - description of the speech portrait of a character in an essay as one of the media genres.
Object of study - essay texts of the media containing a speech portrait of the character.
CONCLUSION
Summing up the results of the analysis, we can conclude that...
In concluding our consideration of the issue, I would like to emphasize that...
Comparing different points of view, we can once again note that...
An analysis of the literature on the research topic showed that...
The study showed that...
Having considered the problem (what?), we can draw the following conclusions...
Task 6. Divide the text into paragraphs.
The media form one of the most influential and authoritative spheres in the stylistic system of modern language. Media language plays an important role both in informing the population and in increasing its literacy level. Reflecting complex forms of verbal interaction, the language of the media has a strong influence on the formation of stylistic tastes and linguistic norms. And although there are positive results from the work of the media in popularizing knowledge about the Russian language and developing a respectful attitude towards it, we are still faced with a huge number of errors in newspapers, and what is often heard on TV screens is far from exemplary Russian. This implies the high responsibility of journalists for the quality of media language. But it would be a mistake to limit the role of the media only to the transmission of knowledge and enlightenment. The picture of the world they create has a huge impact on public consciousness. This picture of the world is intended to persuade and influence, so it largely depends on the political, ideological and moral attitudes of the addressee. The author involuntarily, and sometimes quite consciously, expresses his assessment of a fact. In this case, objective presentation of information is considered desirable. The selection and functioning of linguistic means are determined by the peculiarities of the existence of journalistic style texts in the media. They are multi-topic and addressed to a wide audience. In the language of the media there is common and special vocabulary, with the help of which you can inform the audience about everything that affects its interests. Media texts avoid elaborate, several hundred word constructions of the official business style or sentences complicated by inserted constructions and enumerations characteristic of the scientific style. The syntax of media texts is distinguished by a balance between conversational ease and moderate bookishness, as the author seeks to establish almost friendly contact with the addressee and at the same time maintain the position of an informant and analyst.
Task 7. Find errors related to the wording of chapter headings and paragraphs.
“The culture of speech in the media. The role and significance of speech culture in the media"
“Language fashion and the modern linguistic situation. The concept of linguistic fashion"
Chapter 1. Peculiarities of the language of a modern business person
§1. Business communication concept
§2. Typical mistakes in professional communication
§3. The role of language in the professional culture of a business person
