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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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middle-class crime. This refers to crime committed by persons of respectability and status but not within the environment of a workplace: examples
of this include insurance fraud and tax evasion, although some aspects of
middle-class crime are associated with the working environment of the
self-employed and small business sector.
2. Corporate Crime and Corporate Abuses.
Corporate crime is sometimes referred to as ‘organizational crime’
and typically involves a form of collective rule breaking which is designed
to advance organizational goals. Corporate crime was a key aspect of Sutherland’s account of white-collar crime and he identified a wide range of offences that had been committed by large businesses between 1900 and 1944.
The term embraces a number of wrongdoings committed by business corporations which include administrative, environmental, financial, labor and
manufacturing violations and unfair trade practices. Specific subsequent
examples of corporate misconduct have included theft and false accounting, irregular share dealing, misappropriation of funds and conspiracy to
deceive. Loss of life may also be occasioned by activities performed by business corporations. Violations of safety regulations are a regular cause of
accidents and fatalities at work. Consumers may suffer from business practices that place profits before health and safety concerns. This discussion
of corporate crime and corporate abuses suggests that it embraces a broad
range of activities, some of which are local and others that are transacted
on a global scale. They did this by extending the focus of criminological
study beyond crime to embrace actions that caused social harm.
The concept of social harm was advanced within the agenda of critical criminology to extend the concerns of criminology to study actions that
were immoral, wrongful or which caused injury, even if these were not necessarily criminal as defined by a nation’s legal code. According to this def-
inition, ‘the range of harms and causes of human suffering that can affect
people during their lifecycle’ should be the subject of the criminological
enterprise. These actions can embrace social, economic and psychological
harm or environmental damage — whether caused deliberately or unintentionally — in which the victim of crime is society as a whole or the com-
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munities or individuals that live within it and the environmental context
they inhabit. These harms may be performed by business corporations, government or political institutions (e.g., by a criminal justice system that operates in a discriminatory way and thus victimizing minorities) and the
concept of harm is defined by those who have been subject to abuses.
3. Solving Crime.
There are a variety of technologies law enforcement can use, has used,
or may be able to use in the near future to solve crime. These include cameras, biometrics, location-based services, and photo editing software. Law
enforcement can use cameras and photographs to solve crime, either by capturing an image or video of someone committing a crime, a suspect or victim, or evidence that leads the police to a suspect or victim. Often the cameras that capture this footage are paired with technology that allows for
greater analysis. Some modern traffic cameras can automatically capture all
the license plate numbers that come into their view. These systems use what
is known as automatic license plate recognition (ALPR). In addition to capturing images of license plate numbers, these systems also typically record
the precise date, time, and location the image was captured. These days, an
increasing number of homes have doorbell cameras equipped with motion
detectors that automatically record video of anyone who approaches. Typically, these cameras allow residents to see who is at their door or capture
evidence of package theft.
In addition to cameras, law enforcement often uses biometrics to solve
crime. A biometric is a unique physical or behavioral characteristic, something that no two people share. When law enforcement can obtain biometrics (e.g., DNA or fingerprint evidence from a crime scene), it can use these
characteristics to narrow down a pool of suspects or, when a suspect has
already been identified, as evidence that the suspect committed a crime.
Module 3
1. Read the following texts (A, B, C) dealing with several types of
community sentences. Translate them into Russian. Then answer the
following questions:
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1. What are advantages and disadvantages of each type of community sentence?
2. What type of community sentence you think is the most efficient?
3. What type is the most appropriate to be used in our country?
4. Find similarities and differences between these types.
Text A.
A community punishment order used to be called «community service». Under a community punishment order the court may order an offender over 16 years to do unpaid work on behalf of the community for
between 40 and 240 hours. The type of work may involve almost anything — helping local youth groups, painting and decorating a local Community Centre, clearing the banks of a canal. A range of options is open for
women offenders. They may do the same work as men, or they may, for example, be asked to help volunteers at an old people's home, or at a women's refuge.
The purpose of this sentence is to punish, but at the same time to benefit the community and give the offender the opportunity to repay society
for the wrong he has done. It will also, it is hoped, give the offender some
idea of his or her real worth and value in the community, and a sense of
satisfaction resulting from a good job well done.
Text B.
A community rehabilitation order used to be called probation. Community rehabilitation orders can be made only in the case of offenders over
the age of 16 years. In the case of children under 16, supervision orders are
made; these are usually supervised by a young offender team. Probation Officers play an extremely important and valuable role in the criminal justice
system. They prepare pre-sentence reports for the courts on by the young
offender team. These reports are confidential and will be seen only by the
defendant, his lawyers, the court clerk, and magistrate or judge; but they
will be sent to the prison (or place of detention) if a custodial sentence is
passed. Probation officers organize and supervise the probation orders of
those actually placed on rehabilitation. They also supervise the after-care
of offenders released from custody. They help to arrange places in bail hos-
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tels for homeless people who are charged with crime, but who have not yet
been tried, and they help to run probation hostels for offenders who have
been convicted, and who need accommodation.
Rehabilitation orders last for not more than three years; and the court
may make conditions — for example, that the offender should live at a place
directed by the probation officer, or attend a course of one kind or another.
The aims of these orders are to rehabilitate the offender, protect the public
from harm, and prevent further offending. Special programs are designed
to reduce offending. These are based on helping offenders by changing the
way they think about themselves and their actions. As time goes by the probation officer may see the offender less frequently. If he or she makes really good progress the officer can apply to the court to revoke (cancel)
the order.
Text C.
An attendance center order may be made if the offender is under
21 years of age. This type of order is made when the court decides that the
offender should lose his leisure over a certain period. The order will require
him to report to a particular place at a particular time. The order is normally made for a total of 12 hours: the maximum for an offender under 16 is
24 hours; and, for an offender over 16, 36 hours. A good illustration of an
attendance center order is when magistrates order «football hooligans» to
attend an attendance center on Saturday afternoons — at the very time football matches are being played. This keeps them out of trouble and at the
same time punishes them.
2. Work in groups of five. Each member of the group is supposed
to read one of the following texts (A, B, C, D, E) dealing with the purposes of punishment. Take turns to reproduce the information given
in your text to your fellow-students and then discuss the following questions: What is punishment designed for? What is your idea of the rationale behind punishment?
Text A.
Retribution means that the punishment should in some way pay the
offender back for the harm he has done. In the first place, this will give sat-
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isfaction to the victim, for most victims of crime naturally have strong feelings about the harm done to them. Some would dearly like to get their own
back in an act of vengeance. They must not do this. A victim of crime must
never «take the law into his own hands». If that were acceptable there would
be even more violence and public disorder. In the second place, it is the way
in which the public as a whole can show their feelings of disapproval —
sometimes, even outrage and disgust — for the crime and the offender who
committed it. It is this aspect of sentencing that gives the impression that
the offender has been «brought to justice».
Text B.
Deterrence means that the sentence should also be designed to put
people off committing crime — both to deter them from offending at all,
and to deter them from re-offending. The theory is that imposing particular
sentences for crimes, and very severe sentences for serious crimes, will deter criminals from offending for fear of the consequences. It is impossible
to say with any scientific certainty if this theory works in practice. It may
well be that the majority of the population are decent citizens, who have no
intention to commit crime, the terror of the prospect of punishment is enough
to put them off doing so. If this is so, deterrence does have a general effect
upon the community at large — but we know that punishment alone has
never been a completely successful deterrent. If it were, there would be no
crime at all.
Those who argue against sentencing as a deterrent point to the days
of public executions, when criminals would be hanged for stealing, and yet
pickpockets would be at work in the crowd — stealing from onlookers
who were watching the execution. There are modern parallels: these days,
heavy prison sentences are imposed on drug dealers, and yet this has not
stopped people from smuggling drugs into prison.
There are many who claim that the best deterrent is not the prospect
of heavy punishment but the likelihood of detection — of the offender being caught. It is pointed out that many crimes are committed on impulse,
and that most people who commit crime hope and expect to get away with
it. The argument is that if people thinking of committing crime always be-
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lieved that there was a very strong chance that they would be caught, that
would be much the best way of deterring them from doing so.
Text C.
Rehabilitation of offenders means that the sentence should, wherever
possible, take into account the personal circumstances of the defendant and
look to his future. If the sentence can be constructive, it may help him to
avoid getting into trouble again. A large number of offenders need treatment
rather than punishment. Many offenders who are mentally ill, or who are
addicted to alcohol or dangerous drugs, are not sent to prison, but are ordered to receive treatment in hospitals or drug rehabilitation centers. Like
reparation, rehabilitation is becoming an increasingly important part of the
criminal justice system. When it is successful, it is a very satisfying part of
the court's work. Punishment may be designed to reform and rehabilitate
the wrongdoer so that they will not commit the offense again. This is distinguished from deterrence, in that the goal here is to change the offender's
attitude to what they have done, and make them come to accept that their
behavior was wrong.
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APPENDIX 3
KEYS TO ASSIGNMENTS FOR SELF-EVALUATION
Module test 1
1. Grammar: 1. a, 2. c, 3. c, 4. b, 5. a, 6. c, 7. a, 8. b, 9. c, 10. b.
2. Vocabulary: 1. a, 2. a, 3. b, 4. c, 5. b, 6. a, 7. c, 8. a, 9. a, 10. b.
3. Reading: 1. T, 2. F, 3. T, 4. F, 5. T.
Module test 2
1. Grammar: 1. a, 2. c, 3. b, 4. c, 5. c, 6. b, 7. a, 8. b, 9. b, 10. b.
2. Vocabulary: 1. a, 2. c, 3. b, 4. c, 5. c, 6. a, 7. a, 8. b, 9. a, 10. b.
3. Reading: 1. F, 2. F, 3. T, 4. T, 5. F.
Module test 3
1. Grammar: 1. b, 2. a, 3. a, 4. c, 5. c, 6. b, 7. a, 8. b, 9. b, 10. c.
2. Vocabulary: 1. b, 2. b, 3. a, 4. c, 5. c, 6. a, 7. b, 8. a, 9. c, 10. b.
3. Reading: 1. T, 2. T, 3. F, 4. T, 5. F.
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