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Файл:Практический английский язык для юристов = Practical English for Law Students. В 2 частях. Ч. 2. Учебное пособие
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25. Choose the best option to complete the following sentences.
1. You ______ see that I am right.
a) will
b) would
c) shall
d) should
2. ______ I open the door?
a) Shall
b) Will
c) Would
d) Should
3. Which pen ______ I buy?
a) shall
b) would
c) should
d) could
4. He ______ talk about nothing but movies.
a) will
b) shall
c) can
d) ought
5. She ______ sit for hours listening to the radio.
a) will
b) shall
c) must
d) should
6. That ______ be the postman, I think.
a) will
b) would
c) should
d) shall
7. ______ you have tea?
a) Will
b) Shall
c) Could
d) Might
8. ______ you lend me your scooter?
a) Will
b) Shall
c) Could
d) Ought to
9. She ______ sit for hours talking to herself.
a) would
b) should
c) Can
d) Must
10. You ______ keep your promise.
a) would
b) should
c) will
d) can
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26*. Fill in the blanks with the correct modal verbs.
1. My teacher ______ speak four languages. 2. ______ I use your
mobile to call my mother? 3. You ______ not speak loudly in the hospital.
4. I ______ use a little help in packing all these clothes. 5. Madam ______
you repeat what you said? 6. I ______ not be able to make it tonight.
7. Sheldon ______ study more if he wants to pass the test. 8. ______ you
come to the prom with me? 9. My parents ______ arrive soon. 10. I ______
be late as I have a lot on my plate. 11. Leonard ______ easily solve the problem. 12. It ______ rain tomorrow. 13. ______ all your wishes come true in
life. 14. I ______ not be any happier. 15. He owns a very expensive house.
He ______ be a rich person. 16. I ______ swim well when I was a child.
I even won the school championships. 17. You ______ go to the grocery
store. We have some milk in the fridge. 18. I ______ find my keys. I probably left them at my mother’s place. 19. You ______ to buy the tickets.
I got two for free from dad. 20. She ______ speak so rudely to her parents.
21. The teacher always tells us we ______ cheat during a test. 22. I ______
stop laughing. The joke was so funny. 23. I ______ look at you. You’re so
dirty. What were you up to? 24. ______ you turn down the volume? — It’s
too loud.
DEVELOPING LANGUAGE SKILLS
Reading 1
27. Read Text 3A and prove that punishment should be proportional to the degree of wrongdoing.
TEXT 3A. Concept of Punishment
Punishment is the act of imposing a penalty or sanction on someone
who has committed a crime or an offence. It is a form of social control used
by the state to maintain law and order and to deter individuals from engaging in unlawful activities. Punishment is a legal process that is governed
by laws and regulations and must adhere to certain principles and guidelines to ensure fairness and justice. There are two primary categories of le-
193
gal penalties within a country’s legal system, a civil penalty and criminal
punishment. A civil penalty is a type of punishment for breaking laws or
regulations that is not considered criminal. It usually involves paying a fine or other financial compensation to make up for any damages caused.
The government or a private party acting on behalf of the government can
bring an action seeking a civil penalty.
A criminal punishment is one of the forms of state fight against crime.
Any criminal punishment is always a restriction of the rights of convicted
persons. The more serious an offence is, the stricter a penalty should be.
But in any case, the responsibility of the court is to impose an exact and just
punishment relevant to the gravity of a crime. The defense lawyer may make
a speech in mitigation on behalf of the offender.
The forms of punishment encompass measures such as incarceration,
fines, probation, community service, restitution, and participation in rehabilitation programs. The severity and nature of the punishment depends on
several factors including the type, nature, and severity of the offense, legal
statute, mitigating circumstances and aggravating circumstances. Punishment serves multiple purposes including deterrence, rehabilitation, retribution, incapacitation, and restoration (see Fig. 3.1).
Fig. 3.1. Purposes of punishment
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They function as a mechanism for maintaining social order, adhering
to societal standards1, fostering justice, and upholding the rule of law within society. Deterrence seeks to prevent individuals from engaging in criminal conduct by illustrating the repercussions2 of unlawful actions. Rehabilitation aims to reform offenders through education and therapy with the
intention of facilitating their successful reintegration into society. Retribution, often perceived as the moral rationale for punishment. Incapacitation
focuses primarily on preventing further criminal behavior and safeguarding society from harm with physical or legal restrictions on the offender.
Restoration addresses the offender’s transgressions
3
, promotes a sense of
responsibility, and facilitates their reintegration into the community. In
simple retributivist theory, practices of punishment are justified because
society should render harm to wrongdoers; only those who are guilty of
wrongdoing should be punished; and the severity of punishment should be
proportional to the degree of wrongdoing.
Notes to the text:
1. Adhering to societal standards — соблюдение общественных норм.
2. Repercussions — последствия.
3. Transgressions — нарушение закона, морально-нравствен-
ных норм.
28. Complete the following sentences using information from
Text 3A.
1. Punishment is the instrument of social control to ______. 2. Pun-
a civil penalty can be brought by ______. 4. The court should impose an
exact and just punishment ______. 5. The severity and nature of the punishment depends on ______. 6. Deterrence is called to ______. 7. In order
to facilitate the successful reintegration of the offenders into society ______.
8. Incapacitation primarily aims at ______. 9. Restorative practices focus
on ______.
29. Decide if the statements below are true, false or not stated us-
ing Text 3A. Give reasons to your opinion.
195
1. Punishment is the practice of imposing something unpleasant on
a person as a response to some unwanted or immoral behavior or disobedience. 2. Civil penalty may be imposed for any kind of crime. 3. Criminal punishment is a form of crime control that focuses on prevention of crimes.
4. Deterrence prevents future crime by frightening the defendant or the public. 5. Government plays an important role in the rehabilitation of criminals. 6. Only judges, lawyers and jury have the obligation to impose consequences on those who commit wrongdoing. 7. Incapacitation is used
primarily to protect the public from offenders who are seen as sufficiently
dangerous that they need to be removed from society.
30. Answer the questions using information from Text 3A.
1. Do you think that the text definition of the word “punishment” is
correct? Explain your opinion. 2. What does “social control” mean in legal
terms? 3. How do the two primary categories of legal penalties differ within a country’s legal system? Give some examples. 4. What measures of punishment are considered severe and why? 5. What are the purposes of punishment? 6. How do deterrence, rehabilitation, retribution and incapacitation differ from one another?
Vocabulary drilling 1
31. Give Russian equivalents of the following word combinations.
Recall how they were used in Text 3A.
To impose a penalty, to act on behalf of the government, to seek
a civil penalty, to be relevant to the gravity of a crime, legal statute, to bring
an action, aggravating circumstances, moral rationale, get a criminal record, to be sentenced for the first offence, the length of the sentence, lowerlevel crimes, to distinguish types of punishment, reintegration into society,
the repercussions of unlawful actions, to uphold the rule of law, to foster
justice, offender, make a speech in mitigation.
32. Give English equivalents of the following word combinations.
Recall how they were used in Text 3A.
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Совершать преступление, обеспечить справедливость и правосудие, уголовное наказание, защитить общество от нанесения вреда, поддерживать закон и порядок, смягчающие обстоятельства, тяжесть и ха-
рактер наказания, включать (охватывать) меры, смягчение последствий
в пользу ответчика, строгое наказание, осужденный, ограничение прав,
виды наказания, частное лицо, ответственность суда, причиненный
ущерб, выплатить штраф или иную финансовую компенсацию, нарушить закон или постановление, обеспечить справедливость и право-
судие, подчиняться законам и постановлениям, заниматься противоправной деятельностью.
33. Make up collocations matching the following words. Trans-
late them into Russian.
1. legal
a. service
2. unlawful
b. work
3. defense
c. sentence
4. life
d. restriction
5. community
e. punishment
6. unpaid
f. lawyer
7. private
g. offence
8. criminal
h. party
9. to protect
i. action
10. serious
j. the public
34. Complete the sentences with the word combinations from ex. 33.
1. There are no ______ on the capacity of women to enter into contracts. 2. It is a very ______ that leads to criminal proceedings. 3. He received a ______ for the serious crime. 4. In the case of illegal gambling activities, ______ is applied. 5. Civil procedure may be initiated by a ______.
6. The group urges governments and health agencies to establish new safety limits ______. 7. During the hearing, the ______ argued against the remand of her client. 8. Some convicted prisoners perform ______ outside
the prison. 9. Her sanctioned punishment included ______ and a fine.
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10. Citizens have the right to seek reparation for material or moral damage
resulting from the ______ of government bodies.
35. Fill in the gaps with the words from the list: offenders, broke,
the law, severity, deterrent, crime, protected, retribution, responsibility,
criminals.
Modern punishment theories date from the 18th century, when the humanitarian movement in Europe emphasized the dignity of the individual,
as well as his rationality and 1______. The quantity and 2. ______ of punishments were reduced, the prison system was improved, and the first attempts were made to study the psychology of 3. ______ and to distinguish
between classes of 4. ______. During most of the 19th and 20th centuries,
individuals who 5. ______ were viewed as the product of social conditions, and accordingly punishment was considered justified only insofar as
it 6. ______ society by acting as a 7. ______ or by temporarily or permanently removing one who has injured it or it aimed at the moral or social
regeneration of the criminal. By the latter half of the 20th century, however, many people in Western countries objected to this view of punishment,
believing that it placed too little responsibility on 8. ______ for their actions, undervalued the additional deterrent effect derivable from severe, as
compared with moderate, punishment, and ignored society’s ostensible
(мнимое) right to 9. ______.
Speaking 1
36. Discuss the following statements in the group during the round
table talk.
1. What are the typical punishments for criminals? 2. Do you think
punishments should be strict or people should give second chances? 3. Which
criminals do you think should not be given a second chance? 4. Look at
the following list of crimes: stealing a mobile phone from someone's pocket, stealing a mobile phone using violence, stealing from a shop, assault,
fraud, bank robbery, murder, corruption. What would be a suitable punish-
198
ment for each of these crimes? 5. What is your opinion if public service like
cleaning streets etc. is a good type of punishment for a crime? 6. Should all
crimes result in a prison sentence? If so, why? If not, which crimes should
not result in a prison sentence? Which crimes should result in a life sentence? 7. Do you think the criminal law is good in your country or would
you change it somehow? 8. Is the capital punishment the right tool to reduce criminality? Why do you think so? 9. What do you think of the idea
of public executions? 10. Should politicians be punished if they break their
promises?
Reading 2
37. Before reading Text 3B think of the possible purposes of punishment. Are they really achieved? In what way could the situation be
improved?
38. Read Text 3B and comment on the use of various types of
punishment.
TEXT 3B. Types of Punishment
There are many types of punishment that a judge or magistrates can
pass. They range from fines up to life sentences in prison. In general, five
main types of punishment are distinguished: discharge, fine, community
sentence, custodial sentence and capital punishment. A discharge means that
the person is released from court without any further action. But they will
still get a criminal record. The court may give an offender an absolute discharge. This means that the court has decided not to impose a punishment
at all. The court can also give a conditional discharge. This means that, if
the offender commits another crime, they can be sentenced for both the first
offence and the new one.
Fines are given for lower-level crimes such as minor driving offences
or minor theft. The court sets the amount of a fine after considering how
serious the offence is and how much money the offender can pay based on
their income. The primary goal of applying a fine as a penalty is to dis-
199
courage prospective violators while also providing some recompense to
the victim for any injury or damage caused by the offender’s actions.
A community sentence combines some form of punishment with activities carried out in the community. It could mean, for example, to carry
out up to 300 hours of unpaid work or live at a particular address and not
travel abroad.
Custodial sentences are reserved for serious offences and are imposed where the court believes it is necessary to protect the public. The
length of the sentence depends on the seriousness of the offence and the
maximum penalty for the crime allowed by law. Imprisonment is the predominant form of penal sanction, the act of confining individuals, typically
as a form of punishment for committing crimes. This can either be done by
locking the person up in a jail cell or other location, or by restricting his
rights in some similar fashion. The prisoner may be held in jail until the
completion of his trial. If he is found guilty, then he may be locked up for
even longer, the length of the sentence depending on the decision of the
judge.
Finally, the death penalty is the most severe form of punishment and
is reserved for the most serious crimes. Capital punishment, or the death
penalty, can be imposed on a person under the law. It involves the state executing an offender after they have been found guilty of committing a capital offense, such as murder, espionage, or treason. The use of the death penalty is limited to the most serious crimes. Despite its widespread use, there
is a great deal of debate regarding its morality and effectiveness as a deterrent to crime. While some believe that it is a just and fitting punishment
for the most severe crimes, others argue that it is a violation of human
rights and should be abolished.
39. Read Text 3B in detail and choose the best option to complete
the sentences according to the text.
1. Punishment may be imposed by ______.
a) other criminals
b) the members of community (public)
c) the lawyers
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2. The type of punishment when a judicial body chooses to turn down
the imposition of any penalty is called ______.
a) conditional discharge
b) absolute discharge
c) discharge
3. Individuals who re-offend are subject to prosecution and sentencing for both their initial crime and any subsequent criminal acts. In this
case they are given ______.
a) a conditional discharge
b) capital punishment
c) a community service
4. ______ may be given for such offences as speeding, minor theft,
not having a driving license, disorderly behavior.
a) fine
b) custodial sentence
c) restoration
5. Unpaid work performed by a person or group of people for the benefit of the community ______.
a) deterrent
b) community service
c) fine
6. ______ is the most severe sentence available to the courts in many
countries and can be imposed only when the offence is serious.
a) discharge
b) incapacitation
c) a custodial sentence
7. ______ refers to the sentence of death imposed by a court of law
on an offender who has committed a capital offense.
a) death penalty
b) imprisonment
c) civil penalty
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