From the History of Punishment

The … and correction of … has changed considerably through the ages, reflecting custom, economic conditions, and religious and political ideas.

In ancient Babylonia, it was common to punish … … by placing offenders in slavery. Slaves were the … of their master and could be branded and flogged at his …; escape attempts were … … . Although the lives of people who had lost their … were severely restricted, they сould engage in business, borrow money, and buy their freedom.

In early Greece and Rome, the most common state-administered punishment was banishment or exile (вигнання, депортація). Only slaves were commonly subjected to … … … for their misdeeds. In the earliest period of Roman history, for exam­ple, the only crime for which … … could be administered was furtum manifestum – a thief caught in the act was executed on the spot (негайно, на місці). More common were economic sanctions and … , levied for such crimes as … on a slave, an … or housebreaking.

During the Middle Ages (fifth to eleventh centuries A.D.), there was little law or government control. Offences were settled by blood feuds carried out by the families of the injured parties. When possible, the Rome custom of settling disputes by fine or an exchange of property was adopted as a mean of resolving interpersonal conflicts with a minimum of bloodshed.

After the eleventh century, during the feudal period, … … … … was common punishment for persons who violated the law and custom. The word felony comes from the twelfth century, when the term felonia referred to a breach of faith with one`s feudal lord.

Unit 2.2. The Objectives of Criminal Sentencing

Task 1.15. Read and translate text B.

Text B. The Objectives of Criminal Sentencing

One of the most significant features of the sentencing process is its tripartite structure involving the legislature, a judge, and the correctional agency. Actions of each of these agencies affect the type of sentence, the length of sentence, and the conditions for release imposed on the offender.

Sentencing in today's criminal justice sys­tem is based on deterrence, incapacitation and rehabilita­tion. Traditional sentences include fines, probation, and incarceration, with probation being the most common choice. The objectives of criminal sentencing in Western culture can usually be grouped into six distinct areas:

• general deterrence,

• incapacitation,

• specific deterrence,

• retribution/desert,

• rehabilitation,

• restitution.

Deterrence is the act of preventing crime before it occurs by means of the threat of criminal sanctions. General deterrence is a crime-control policy that depends on the fear of criminal penalties. General deterrence measures, such as long prison sentences for violent crimes, are aimed at convincing the potential law violator that the pains associated with crime outweigh its benefits.

Incapacitation is the policy to protect the community by keeping dangerous criminals in confinement to eliminate the risk of their repeating offence in society. The most dangerous criminals may be sentenced to life imprisonment, or even to the death penalty. Because of prison overcrowding, some judges have sought alternatives to incapacitation, including house arrest monitored electronically by computers.

Specific (special) deterrence is a crime-control policy that suggests that punishment should be severe enough to convince convicted offenders never to repeat their criminal activity and that recidivism would not be in their best interests.

Retribution/desert sets an important standard of punishment — the offender must get only what he/she deserves. Therefore, a thief put to death is not retribution; a murderer put to death is. The just desert philosophy “the punishment should fit the crime” holds that criminal sentences should be proportional to the seriousness of an offender's criminal act. Offenders are punished for what they have already done, not for what they may do in the future (incapacitation) or for what others may do unless they learn to fear punishment (deterrence). Desert is based on equity.

Rehabilita­tion is required to help offenders readjust to society. In some cases, rehabilitation efforts can be implemented in the community through the probation department. Even serious criminals, including armed robbers and rapists, may be eligible for probationary sentences if they don`t represent any risk to society. If the gravity of the crime is great and the offender considered dangerous or unstable, rehabilitation takes place in a secure confinement under the supervision of correctional authorities. In this instance, the judge will remand the convict­ed offender to a secure treatment facility, such as a prison or jail, for correctional treatment. The surveys indicate that the public sup­ports more treatment efforts than deterrence-based sentences.

Restitution is a condition of probation in which the offender repays society or the victim of crime for the trouble the offender caused. Monetary restitution involves a direct payment to the vic­tim as a form of compensation. Community-service restitution may be used in victimless crimes and involves work in the com­munity instead of more severe criminal penalties.

Figure 1. The Factors Influencing Sentencing Decisions

home offender cell

general deterrence incapacitation special deterrence retribution rehabilita­tion

restitution