Связанный с применением наказания




punitive article – статья, устанавливающая уголовную санкцию

Карательный, штрафной

punitive action – карательная мера, карательная акция

 

Match the following English expressions with their Russian equivalents.

  punitive sentencing a карательная мера
  punitive institution b карательное воздействие
  punitive justice c карательное правосудие
  punitive law d карательное учреждение
  punitive legislation e лишение свободы как кара за совершённое преступление
  punitive measure f уголовное законодательство
  punitive treatment g уголовный закон

 

С Explain the meaning of the words and expressions from the box. Complete the following text using these words and expressions. Retell the text.

wrongdoer misdeeds deterrent retribution death penalty corporal punishment rehabilitate reform barbaric law- abiding humane crime doesn’t pay

 

What is the purpose of punishment? One purpose is obviously to 1) ________ the offender, to correct the offender’s moral attitudes and antisocial behaviour and to 2) ________ him or her, which means to assist the offender to return to normal life as a useful member of the community.

Punishment can also be seen as a 3) ________ because it warns other people of what will happen if they are tempted to break the law and prevents them from doing so. However, the third purpose of punishment lies, perhaps, in society’s desire for 4) ________, which basically means revenge. In other words, don’t we feel that a 5) ________ should suffer for his 6) ________?

The form of punishment should also be considered. On the one hand, some believe that we should ‘make the punishment fit the crime’. Those who steal from others should be deprived of their own property to ensure that criminals are left in no doubt that 7) ________ ________ ________. For those who attack others 8) ________ ________ should be used. Murders should be subject to the principle ‘an eye for an eye and a tooth for a tooth’ and automatically receive the 9) ________ ________.

On the other hand, it is said that such views are unreasonable, cruel and 10) ________ and that we should show a more 11) ________ attitude to punishment and try to understand why a person commits a crime and how society has failed to enable him to live a respectable, 12) ________ life.

 

D Study the following list of offences. Rate them on a scale from 1to 10 (1 is a minor offence, 10 is a very serious crime). They are in no particular order. You don’t have to apply your knowledge of existing laws ­– your own opinion is necessary.

 

□ driving in excess of the speed limit
□ common assault (e.g. a fight in a disco-club)
□ drinking and driving
□ malicious wounding (e.g. stabbing someone in a fight)
□ murdering a policeman during a robbery
□ murdering a child
□ causing death by dangerous driving
□ smoking marijuana
□ selling drugs (such as heroin)
□ stealing £1,000from a bank by fraud
□ stealing £1,000 worth of goods from someone’s home
□ rape
□ grievous bodily harm (almost killing someone)
□ shop-lifting
□ stealing £1,000 from a bank by threatening someone with a gun
□ possession of a gun without a licence

 

E Give Russian equivalents for the following general types of punishment. Put them in descending order of severity.

 

• Capital punishment
• Community service
• Disciplinary training in a detention centre
• Fixed penalty fine
• Life imprisonment
• Probation
• Short-term imprisonment
• Suspended sentence
• Long-term imprisonment

 

F Which of the sentences listed in E fit the offences D? Give your reasons.

G Study the authentic cases given below. Discuss each case and decide the following:

1 Was justice done?
2 If you were the judge, what other facts and circumstances would you like to

know?
3 If you were the judge, would you give a different sentence?
4 Would you choose a lighter sentence, or a more severe one?
5 How would you have felt if you had been the victim of the crime?
6 How would you have felt if you had been the defendant?

 

Assault

In 1976 a drunk walked into a supermarket. When the manager asked him to leave, the drunk assaulted him, knocking out a tooth. A policeman who arrived and tried to stop the fight had his jaw broken. The drunk was fined 10 pounds.

 

 

Shop-lifting

In June 1980 Lady Isabel Barnett, a well-known TV personality, was convicted of stealing a tin of tuna fish and a carton of cream, total value 87p, from a small shop. The case was given enormous publicity. She was fined 75 pounds and had to pay 200 pounds towards the cost of the case. A few days later she killed herself.

 

Fraud

This is an example of a civil case rather than a criminal one. A man had taken out an insurance policy of 100,000 pounds on his life. The policy was due to expire at 3 o’clock on a certain day. The man was in serious financial difficulties, and at 2.30 on the expiry day he consulted his solicitor. He then went out and called a taxi. He asked the driver to make a note of the time, 2.50. He then shot himself. Suicide used not to cancel an insurance policy automatically. (It does nowadays.) The company refused to pay the man’s wife, and the courts supported them.

 

H Complete the text with the words from the list. What do the words in bold mean?

 

arrested caught fine innocent jury life sentence magistrate offence trial verdict

 

In the UK today if you are 1________ doing something illegal/against the law, you may be 2________ by the police and later charged (officially accused) with the crime. If it is a minor 3________ you will be sent to a magistrate’s court and the 4________ will decide your sentence (punishment). You may have to pay a 5________, do community service, or go to prison/ jail.

If the crime is serious you will be taken to a crown court where you will have a 6________. Your case will be tried by a judge and a 7_________ consisting of twelve people. When the lawyers have presented all the evidence and witnesses have been called, the jury will decide if you are 8________ or guilty. If the 9________ is guilty you will be sentenced. If not, you will be acquitted. The mostserious punishment in the UK is a 10________. Capital punishment was abolished in the 1950s.

 

In the courtroom

 

1 The words and phrases in the box are all connected to the theme of law. Work with partner and put the words under one of the headings below.

 



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