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Практический английский язык для юристов = Practical English for Law Students. В 2 частях. Ч. 2. Учебное пособие

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40. Answer the following questions using Text 3B.
1. Who is afforded a wide range of sentencing options? 2. What are the categories of punishment? 3. How does absolute discharge differ from conditional discharge? 4. What is the implementation of fines as a punitive measure primarily aims at? 5. Do you think that fine is an effective form of punishment for less severe crimes? Why/Why not? 6. It is possible to re­place a criminal justice sanctions with community service? In what way?
7. What is sentencing duration determined by? 8. For what kind of crimes can imprisonment be used as a penalty? 9. Is there a unanimous opinion about capital punishment? Explain your opinion.
Vocabulary drilling 2
41. Give Russian equivalents of the following word combinations. Recall how they were used in Text 3B.
To avoid crime, a means of instilling discipline, to reform and reha­bilitate an offender, to deprive criminals of the profits, to penalize people, to discourage prospective violators, physical labor, to use illegally, loss of property, to abolish capital punishment, to provide recompense to the vic­tim, to find guilty of committing an offense, criminal behavior, to substi­tute for incarceration, duration of imprisonment, to discourage illegal ac­tivity, non-criminal remedy, minor theft, detention or prison institution.
42. Give English equivalents of the following word combinations.
Recall how they were used in Text 3B.
Основная цель уголовного правосудия, наказать правонарушите-
ля, удержать кого-либо от повторного совершения преступления,
антиобщественное поведение, быть предназначенным для серьезных
преступлений, общественное осуждение, в зависимости от тяжести
преступления, наказание может варьироваться от…до…, предотвра­тить преступное поведение, утрата (потеря) имущества, назначать нака­зание, незаконный оборот наркотиков, насильственные преступления, наказывать правонарушителя, приводить к травме или повреждению,
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отмывание денег, вопрос нравственности и эффективности смертной
казни.
43. Match the words with the correct definitions as they are used
in Text 3B.
1.
wrongdoer
a.
physical harm or damage to someone’s body
caused by an accident or an attack
2.
punishment
b.
the act of putting someone in prison or the condition of being kept in prison
3.
crime
c.
the legal punishment of particular crimes by death
4.
imprisonment
d.
someone who is going to be killed, especially as a punishment for having committed a very serious crime, such as murder
5.
fine
e.
someone or something that has been heart, damaged, or killed or has suffered, either because of the actions of someone or something else, or because of illness or chance
6.
death penalty
f.
the act of putting or keeping someone in prison or in a place used as a prison
7.
sentence
g.
an action or activity that is against the law, or illegal activity generally
8.
condemned individual
h.
a person who does something bad or illegal
9.
injury
i.
a punishment given by a judge in court to a person or organization after they have been found guilty of doing something wrong
10.
victim
j.
the act of punishing someone
11.
incarceration
k.
an amount of money that has to be paid as a punishment for not obeying a rule of law
44. Complete the sentences with the words from Ex. 43 Translate
them into Russian.
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1. The prisoner was sentenced to five months of ______. 2. The ______ may take part in judicial debates. 3. The death penalty deters violent ______ and makes society safer. 4. Incarceration remains an exceptional discipli­nary ______. 5. Compensation is awarded to the victim for ______ caused by offences such as assault, causing of injury, insult and discrimination.
6. For a person who creates conspiracy for the purposes of committing crim­inal offence, the Criminal Code prescribes a ______ to imprisonment of one to ten years. 7. By the beginning of the 1990s, 35 countries had aban­doned the ______, excluding it from their criminal legislation. 8. Failure to produce the documents may result in a ______ or imprisonment. 9. The accused were found guilty and were sentenced to one year ______. 10. All information on the implementation of the punishment is provided to the ______ lawyer and immediate family.
45. Fill in the gaps (1–10) by choosing the best option (a, b, c).
Civil Penalties
A civil penalty is a 1. ______ for 2. ______ a law or rule that is not as serious as going to jail. It usually means paying money as a punishment. The government or a person acting like the government can ask for a civil penalty. Sometimes it can be hard to tell if a penalty is civil or criminal. The Supreme Court made a test to help figure it out. If the penalty is meant to be civil and the law doesn’t make it seem like a criminal penalty, then it’s probably a civil penalty. A civil penalty is a 3. ______ remedy for a party’s 4. ______ of laws or regulations. Civil penalties usually only in­clude civil 5. ______ or other financial payments as a remedy for damages. It can be difficult to distinguish between civil and criminal penalties. The Supreme Court of the United States established a two-part test in United States vs. Ward to help determine whether a penalty is civil or criminal. First, one must look at the intent of the 6. ______. If the intent is a civil penalty, then one must examine whether the statute’s purpose or effect ne­gates that intention. If the answer is no, then the penalty is most likely civ­il. For example, if a company 7. ______ environmental regulations by dump­ing hazardous waste into a river, they may be subject to a civil penalty.
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The government could 8. ______ against the company and require them to pay a fine to compensate for any 9. ______ caused to the environment. Another example is if a landlord violates housing regulations by failing to provide safe living conditions for their tenants. The government could bring an action against the landlord and require them to pay a fine to compensate for any harm caused to the tenants. These examples illustrate how civil pen­alties are used to hold individuals and companies accountable for breaking laws or regulations and to 10. ______ for any harm caused.
A B
C
1.
punishment
service
sentence
2.
interrupting
imposing
breaking
3.
non-criminal
criminal
aggravating
4.
deterrances
violations
offences
5.
damage
fines
cash
6.
legislation
legitimate
legislature
7.
provides
violates
facilitates
8.
bring an action
enforce
prevent
9.
harm
retribution
insult
10.
reward
allow
compensate
46. Match the legal idioms with their meanings. Give their Russian
equivalents.
1.
throw the book at someone
a.
completely avoid a deserved punishment
2.
an eye for an eye (or a tooth for a tooth)
b.
to accept the responsibility and punishment for something
3.
take the law into one’s
own hands
c.
to do whatever one wants without being punished
4.
take the rap for
d.
being free from suspicion or guilt
5.
beat the rap
e.
to punish someone with the greatest severity possible
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6.
get off scot-free
f.
an informal way of saying that someone escaped punishment by being found not guilty of a crime
7.
get away with murder
g.
to accept the blame or punishment for something
8.
be “in the clear”
h.
someone who injures another person should be punished in a similar way
9.
face the music
i.
to punish someone (often violently) instead of allowing the criminal justice system to determine someone’s punishment
47. Translate the sentences with the English legal idioms into
Russian.
1. “Students get away with murder when they have a substitute teach- er.” 2. “I know you want to take the law into your own hands, but you’re just going to have to trust the system.” 3. “If you cheat on a test, they’ll throw the book at you. They’re pretty strict here.” 4. “It’s not fair that all these white-collar criminals get off scot-free just because they have a team of lawyers working for them.” 5. “Do you think he’ll rat on his friends, or do you think he’ll take the rap for the robbery?”. 6. “There’s probably not
enough evidence for a conviction. We think she’ll beat the rap.” 7. “If you don’t face the music now, you’re just going to make it worse.” 8. “I sup­port the death penalty. I believe in an eye for an eye.” 9. No one saw us take the money from the cash register, so we're totally “in the clear.”
Speaking 2
48. Discuss the following questions in small groups.
1. Why do people continue to commit crimes when they know what the consequences will be? 2. What should we do with violent criminals who, for whatever reason, are not convicted of their crimes? 3. Should theft al­ways be punished? What about if a person steals to feed their family?
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4. Should life mean life? 5. Are rich people and poor people punished dif­ferently for similar crimes? If so, why do you think this is? 6. Do you agree with the concept of 'an eye for an eye' as a form of punishment? Why or why not? 7. What is the difference between punishment and revenge? 8. Are there any better alternatives to prison? 9. Should prisoners ever be released early from their sentences? Why or why not? 10. Should children ever be sent to prison? If not, what is an appropriate punishment for a child?
11. What rights should prisoners have, if any?
49. Speak on one of the following topics for 3–5 minutes. You may use the additional information as the plan.
I. Causes re-offending.
1. People who commit crimes often have no other way of making a living.
2. Many prisoners re-offend when they are released.
3. Offenders mix with other criminals who can be a negative influence.
4. The main causes of crime are poverty and unemployment.
II. Possible measures to reduce re-offending.
1. Rehabilitation programs prepare prisoners for release into society.
2. Community service is another way to reform offenders.
3. Prisons should provide education or vocational training.
4. The authorities should organize schemes that provide financial assistance.
III. Rehabilitation.
1. Rehabilitated prisoners are less likely to re-offend.
2. Prisoners receive vocational training.
3. Prisoners should learn personal skills and specific job skills.
4. Rehabilitation aims to make them better citizens.
IV. Capital punishment or death penalty.
1. Capital punishment deters crime.
2. Fear of the death penalty stops people from committing offences.
3. Innocent people could be wrongly convicted and executed.
4. Executing prisoners creates a violent culture and encourages revenge.
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V. Community service.
1. Community service is a way to reform offenders.
2. It makes offenders useful in their local communities.
3. Offenders repay their community.
4. Community service is not a sufficient punishment.
Reading 3
50. Read Text 3C. Explain how the criminal justice is becoming more effective due to new technologies.
TEXT 3C.
Technological Advancements That Help Solve Crimes
Technology has dramatically changed the way we live. It’s often hard to imagine how society looked like just 30 years ago. What we consider simple and effortless everyday routines today were extremely tedious tasks a couple of decades ago. Advancements in the last twenty years have pro­vided law enforcement professionals with technologies that not only make their jobs easier but also keep them safe at the same time. There are five technological advancements that have aided in the battle against crime.
Data Mapping.
The trend of data mapping isn’t new; in fact, weather and climate scien­tists have been doing it for decades. However, criminal justice profession­als are also data mapping now, providing police departments as well as federal agencies with a clear geographical look at the types of crime and the volume of crime that happens in an area. This is beneficial to law en­forcement because it shows trends that may be traced back to certain locations.
Smartphone Tracking.
While there is some debate about when and how smartphone tracking should be utilized by law enforcement, the ability to track a criminal through the use of their smartphone is an incredible advancement in technology. This technology, when accessed through legal channels, can provide law
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enforcement with a clear picture of a suspect's movements before, during, and after a crime. For those innocent of the crime they are accused of, the technology can save them from a criminal trial; for those who are guilty, the tracking capability of this common object can seal their fate.
Social Media.
Social media has had a large impact on law enforcement. Many law enforcement agencies and police departments have dedicated social media accounts on various platforms, enabling them to engage with their com­munities and act on tips in real time. This has become invaluable for solv­ing crimes because it enables the police or other law enforcement to get up-to-the-minute information on an ongoing crime or a recent crime simp­ly by paying attention to their social media feeds.
Surveillance and Wi-Fi Capabilities.
Forbes points out in this article that surveillance advancements, which are aided by WiFi, may actually deter repeat criminal behavior. The idea is that by restricting a convicted criminal's movements to their home, law en­forcement can free up prison space and make it easier for a criminal to be rehabilitated in their own community. This, of course, is limited to nonvio­lent offenders and would be of immense benefit to drug offenders.
51. Read Text 3C again and decide if the statements below are true,
false or not stated. Correct the false ones. Give reasons to your opinion.
1. Thanks to advances in technology, solving crimes has come a long way from dusting off finger prints to find a criminal. 2. Criminal justice technology has changed the way law enforcement agencies handle crime scene investigations. 3. Data mapping is useful only for weather casting sys­tems and changes of climate. 4. Smartphone tracking is not reliable and plays a minor role in proving the innocence of an accused person. 5. Social me­dia enable officers to quickly capture highly detailed digital prints for ac­curate and reliable identity verification. 6. Home confinement as a form of criminal justice punishment can facilitate the reintegration of convicted in­dividuals into society. 7. Criminals are becoming increasingly adept at us­ing technology.
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52. Discuss the following questions using Text 3C.
1. How have new technologies impacted the job of law enforcement professionals? 2. How does data mapping help law enforcement in their work? 3. What is smartphone tracking and how can it be useful for law en­forcement? 4. What role does social media play in police work? 5. What is the aim of surveillance system in terms of criminal justice? 6. What other new technologies can revolutionize crime prevention? 7. Crime is chang­ing in the digital age. How must the police deal with new and emerging cybercrimes?
Vocabulary drilling 3
53. Give Russian equivalents of the following word combinations. Recall how they were used in Text 3С.
To have a large impact on, to engage with their communities, up-to­the-minute information, social media feeds, to free up prison space, to go hand-in-hand, to reduce criminal behavior, smaller identification devices, to spot criminals, a crime scene, a perpetrator, to improve crime preven­tion, tedious tasks, to be innocent of the crime, act on tips, invaluable.
54. Choose the correct option for each gap to complete the fol-
lowing passage.
A smartphone may not be a dangerous weapon used to perpetrate
1. ______ criminal/criminality acts. However, the ability 2. ______ to charge/to track a suspect’s smartphone can be decisive in capturing crimi- nals. Thanks to technological advancement, law 3. ______ enforcement/ enforcing agencies can track suspects’ smartphones and, where appropri- ate, preserve, identify, extract, and document evidence with 4. ______ dig- ital/digits forensics tool. Plus, with the help of advanced mobile tech, law enforcement agencies or investigators can find connections between 5. _____ suspects/suspicious and their crimes, which might be inconspicuous with­out mobile connections. Many smartphone users are conversant with bio­metrics a tech that enables smartphone users to unlock their devices
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with a 6. ______ fingerprint/fingertip or iris scan. This tech, which has been around for decades, isn’t only effective in 7. ______ mapping/securing our phones, it can also help in the 8. ______ investigation/deterrence aspect of crime-fighting. Incorporating biometric tech in smaller identification de­vices has made it possible for law enforcement agencies to 9. ______ rec- ognize/spot criminals with records or pending warrants without waiting for a time-consuming process. These portable devices can be used at 10. ______ a police station/crime scene to take fingerprints and then used on witness­es to determine if a culprit is still at the scene.
55. Fill in the gaps (1–10) by choosing the best option (a, b, c).
In today’s world, technology plays a crucial role in combating crime.
Law enforcement agencies rely on advanced systems, such as 1. ______ cameras and facial recognition software, to monitor and 2. ______ criminal activities. These tools help in identifying 3. ______ and gathering 4. ______. Additionally, data analytics and 5. Artificial ______ are used to detect pat­terns and predict crime hotspots, enabling proactive measures to be taken. Furthermore, online platforms and social media monitoring tools assist in identifying and apprehending cybercriminals. With the help of technology, the speed and efficiency of 6. ______ have significantly improved, making it easier to solve complex 7. ______. Overall, technology has revolution­ized crime 8. ______ and detection, making our communities safer and more secure. In the digital age, cybercrime has become a major concern. How­ever, technology is also being used to combat this growing threat. Advanced software and hardware systems are employed to monitor network traffic, identify potential threats, and protect 9. ______ information. Additionally, specialized cybercrime units have been established to investigate and
10. ______ cybercriminals.
A B
C
1.
survived
serviced
surveillance
2.
track
accuse
acquit
3.
innocents
suspects
figures
4.
knowledge
evidence
traces
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