Unit 3. Punishment

Практические занятия – 10 часов.

Внеаудиторная самостоятельная работа – 10 часов.

Аудиторная работа

Key vocabulary

to fit the crime – соответствовать совершенному преступлению

to be relevant to the case – иметь отношение к делу

subjective judgment – субъективное решение суда

community service order – наказание работой в сфере коммунальной службы

death penalty – наказание смертной казнью

to be found guilty – быть признанным виновным

a fairly small offence – довольно мелкое преступление

to take into account – принять во внимание

a range of non-custodial sentences – ряд приговоров без содержания под стражей

suspended sentence – условное наказание

a form of supervision – форма надзора

a probation order – приказ суда о назначении преступнику системы “испытания”

to be liable to fine – подлежать наказанию штрафом

monetary deprivation – денежный штраф

individual and general deterrence – индивидуальные и общие средства устрашения

to cure of criminal tendencies – исцелять от уголовных наклонностей

habitual criminal – закоренелый преступник

7. Read the text and translate it into Russian.

Punishment

The progress of civilization has resulted in a change in the theory and in the method of punishment. In primitive society punishment was left to the individuals wronged or their families, and was vindictive or retributive: in quantity and quality it would bear no special relation to the character or gravity of the offense. The second stage was punishment by individuals under the control of the state, or community; in the third stage, with the growth of law, the state took over the primitive function and provided itself with the machinery of justice for the maintenance of public order. The law breaker is himself a product of social evolution and cannot be regarded as solely responsible for his disposition to transgress. There are many possible reasons that might be given to justify or explain why someone ought to be punished.

Deterrence. To act as a measure of prevention to those who are contemplating criminal activity.

Rehabilitation. Some punishment includes work to reform and rehabilitate the wrongdoer so that they will not commit the offense again. This is distinguished not from deterrence, in that the goal here is to change the offender’s attitude to what they have done, and make them come to see that their 17ehaviour was wrong.Incapacitation / Societal protection. Incapacitation is a justification of punishment that refers to when the offender’s ability to commit further offenses is removed. This can occur in one of two ways; the offender’s ability to commit crime can be physically removed, or the offender can be geographically removed.

Restoration. For minor offences, punishment may take the form of the offender “righting the wrong”; for example, a vandal might be made to clean up the mess he/she has made. In more serious cases, punishment in the form of fines and compensation payments may also be considered a sort of “restoration”.

Retribution is the practice of “getting even” with a wrongdoer — the suffering of the wrongdoer is seen as good in itself, even if it has no other benefits. One reason for modern centrally-organized societies to include this judicial element is to diminish the need for “street justice”, blood feud and vigilantism. Retribution sets an important standard on punishment — the transgressor must get what he deserves, but no more. One great difficulty of this approach is that of judging exactly what it is that the transgressor “deserves”.

Education. From German Criminal Law, punishment can be explained by positive prevention theory to use criminal justice system to teach people what are the social norms for what is correct and acts as reinforcement. It teaches people to obey the law and eliminates the free-rider principle of people not obeying the law getting away with it.

Denunciation / Condemnation. Punishment can serve as a means for society to publicly express condemnation of a crime. This serves the dual function of curbing public anger away from vigilant justice, while concurrently stigmatizing the condemned in an effort to deter future criminal activity.

Ex. 1. Match the criminals and wrongdoers 1-16 to the correct definitions A-P.

An accomplice	a) attacks people in the street and steals their money or other possessions
An assassin	b) takes goods from shops without paying for them
A burglar	c) deliberately damages public property, often because he is bored or enjoys doing it.
A charlatan	d) murders someone important, such as a king or a president.
A criminal	e) leads others to do wrong or to make trouble.
A forger	f) is someone who steals (usually without violence).
An impostor	g) helps another person to commit a crime.
A juvenile delinquent	h) deceives others by pretending to have special skills or knowledge, especially about medicine.
A mugger	i) steals from banks, shops, etc., usually planning them in advance in great detail.
A poacher	j) makes copies of money, letters, documents, etc. in order to deceive people.
A ringleader	k) betrays his or her country.
A robber	1) deceives people by pretending to be someone else.
A shoplifter	m) breaks into houses, shops, etc. in order to steal things.
A thief	n) is a young person who has broken the law.
A traitor	o) catches or shoots animals, fish or birds on private land without permission.
A vandal	p) is someone who is guilty of a crime (or several crimes).

Ex. 2. Use one of the words to complete the sentences.

1. Single mothers often feel that they are _______ by society.

a) diminished b) stigmatized c) eliminated

2. The party’s share of the electorate has _______ steadily.

a) diminished b) degraded c) discarded

3. The _______ of taxation has risen considerably.

a) gravity b) dignity c) burden

4. Please remain _______ at all times and report anything suspicious.

a) vindictive b) vigilant c) conducive

5. And doctors and governments alike are debating how to _____ the excesses of drug promotion.

a) transgress b) contemplate c) curb

6. Victims are demanding _______ for the terrorist attacks.

a) deprivation b) retribution c) incapacitation

7. The man, who has attacked 13 women, was judged to be _______.

a) insane b) innate c) inner