2.9. Revision

Task 1. Judge – juror – solicitor – barrister.

Revise the material of the unit and collect as much information as possible about the job of a judge, a juror, a solicitor and a barrister. Use the information to answer the following questions.

1. Who can be appointed a judge?

2. What kinds of judges are there?

3. How do the functions of these kinds of judges differ?

4. How is judges’ independence from interference ensured?

5. Why is it so unlikely for a judge to be dismissed?

6. Who can become a juror?

7. How many jurors are there in the jury?

8. How many jurors can be challenged by a defendant?

9. What is jurors’ duty during the trial?

10. What verdicts can be brought in by the jury?

11. What is a solicitor usually occupied with?

12. How are solicitors trained?

13. Do they have to take an exam to become solicitors?

14. What is the main function of barristers?

15. How are they trained?

16. Do they have to take exams to become barristers?

17. Who is a QC?

18. How can a defendant hire a barrister?

UNIT 3. ETHICAL QUESTIONS OF LAW

  READING&SPEAKING

3.1. Capital punishment: for and against

Task 1. Discuss the questions with the group:

1. Is capital punishment human?

2. Does it influence the crime rate?

3. What are the reasons for capital punishment?

Task 2. Read the text and answer the question: What is the phenomenon of death row?

Capital punishment: for and against

The ultimate penalty is death (capital punishment). It is carried out by hanging (Kenya, for example); electrocution, gassing or lethal injection (U.S.); beheading (Saudi Arabia); or shooting (China). Although most countries still have a death penalty, 35 (including almost every European nation) have abolished it; 18 retain it only for exceptional crimes such as wartime offences; and 27 no longer carry out executions even when a death sentence has been passed. In other words, almost half the countries of the world have ceased to use the death penalty. The UN has declared itself in favor of abolition, Amnesty International actively campaigns for abolition, and the issue is now the focus of great debate.

Supporters of capital punishment believe that death is a just punishment for certain serious crimes. Many also believe that it deters others from committing such crimes. Opponents argue that execution is cruel and uncivilized. Capital punishment involves not only the pain of dying but also the mental anguish of waiting, sometimes for years, to know if and when the sentence will be carried out. Opponents also argue that there is no evidence that it deters people from committing murder anymore than imprisonment does. A further argument is that, should a mistake be made, it is too late to rectify it once the execution has taken place. In 1987, two academics published a study showing that 23 innocent people had been executed in the United States. Research has shown that capital punishment is used inconsistently.

In addition, while in some countries young people are not sent to pris­on but to special juvenile detention centers, in Nigeria, Iran, Iraq, Bang­ladesh, Barbados and the United States children under 18 have been le­gally put to death.

As the debate about capital punishment continues, the phenomenon of death row (people sentenced but still alive) increases. In 1991, no one was executed in Japan, but three people were sentenced to death, bringing the total number on death row to fifty.

The debate also involves the question of what punishment is for. Is the main aim to deter? This was certainly the case in 18^th century England when the penalty for theft was supposed to frighten people from stealing and compensate for inabilities to detect and catch thieves. Is it revenge оr retri­bution? Is it to keep criminals out of society? Or is it to reform and reha­bilitate them?

From: Law Today