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Rioting is…
Ø usually caused by unemployment.
Ø often a result of racial tension.
Ø probably quite good fun.
Ø often made worse by heavy-handed police tactics.
Ø inexcusable.
Complete each of the following sentences, then compare your ideas with the group.
17. In England there are no minimum sentences, except for murder, which carries a penalty of life imprisonment. There are maximum sentences for other crimes. Sentences can be reduced for good behaviour, often by one-third or more. Here are maximum sentences for some crimes:
| Crime | Magistrates’ Court | Crown Court | ||
| Fine | Prison | Fine | Prison | |
| Burglary | ₤1000 | 6 months | unlimited | 14 years |
| Grievous bodily harm | ₤1000 | 6 months | unlimited | 5 years |
| Possession of firearm | ₤1000 | 6 months | unlimited | 5 years |
| Possession of cannabis | ₤500 | 3 months | unlimited | 5 years |
| Common assault | ₤200 | 2 months | ||
| “Going equipped for stealing” | ₤1000 | 6 months | unlimited | 3 years |
| Murder | life imprisonment |
How do you think these compare with sentences in your country? Remember they are maximum, not average!
Read the following passage and answer the questions.
You stand convicted on each of twenty-one counts; on the clearest and most overwhelming evidence I have ever heard, of the crime of murder.
The sentence for that crime is not determined by me. It is determined by the law of England. Accordingly, in respect of each count, each one of you is now sentenced to imprisonment for life. Let them be taken down.
1. Is the passage spoken or written?
2. Who is the passage addressed to?
3. Where might the passage come from?
4. Who do you think might be saying or writing it?
5. What issues does the passage raise?
Choose one of the following passages, and prepare a set of interview questions. Then ask your partner to answer the questions on the passage you have chosen.
| Passage 1.Now, if you see a car with the engine running while stationary, with the bonnet open and a man examining the engine, take a good look. It may turn out to be a getaway vehicle, or they may be looking over the house before doing a job. Note the car number – even in ballpoint on the back of your hand. | Passage 2. My client has admitted that she has done wrong, but consider for a moment her abject poverty, and the cruel blows that life has dealt her. She acted in desperation, not out of greed but solely out of a desire to save her child’s life. Could any of you, with your hand on your heart, say that you would have acted any differently? |
The scales of Justice
20. Crime statistics show that in Britain today, males are ten times more likely to commit crimes than females. Why do you think this?
THE PROPORTION OF MEN AND WOMEN FOUND GUILTY OF MAJOR CRIMES
1. Discuss what kinds of punishments would be suitable for these crimes.
2. Are there any crimes in this country that are currently receiving a great deal of attention from the media?
3. Can you think of any crimes that are seen as less serious than they were in the past? Why do people’s perceptions of the seriousness of certain crimes change over time?
Here are some examples of crimes, in which the punishment does not fit the crime. Act out as jurors and judges; bring a verdict and impose a sentence on the defendant. Keep in mind that these cases have gone down in the history of crimes as the mistakes of justice. Try to be impartial and fair.
Compare your answers with the real penalties, printed at the end of the task.
Use expressions for giving opinion:
To my mind…
To my way of thinking…
It is my firm belief/ opinion/ view/conviction…
In my opinion/view…
I am (not) convinced that…
It strikes me that…
My own feeling / opinion is…
I am inclined to believe/ think…
It seems/ appears to me that…
As far as I am concerned…
Manslaughter
In 1981 Marianne Bachmeir, from Lubeck, West Germany, was in court watching the trial
of Klaus Grabowski, who had murdered her 7-year-old daughter. Grabowski had a history
of attacking children. During the trial, Frau Bachmeir pulled a Beretta 22 pistol from her
handbag and fired eight bullets, six of which hit Grabowski, killing him. The defence said
she had bought the pistol with the intention of commiting suicide, but when she saw
Grabowski in court she drew the pistol and pulled the trigger..
Murder
In 1952 two youth in Mitcham, London decided to rob a dairy. They were Christopher
Craig,aged 16 and Derek William Bentley, 19. During the robbery they were disturbed by
Sydney Miles, a policeman. Craig produced a gun and killed the policeman. At that time
Britain still had the death penalty for certain types of murder, including murder during
a robbery.
Assault
In 1976 a drunk walked into a supermarket. When the manager asked him to leave, the
drunk assault him, knocking out a tooth. A policeman who arrived and tried to stop the
fight had hisjaw broken.
Shop-lifting
In june 1980 Lady Isabel Barnett, a well-known TV personality was convicted of
stealing a tin of tuna fish and a carton of cream, total value 87p. from a small shop.
The case was given enormous publicity.
Fraud
This is an example of a civil case rather than a criminal one. A man had taken out an
insurance policy of ₤ 100,000 on his life. The policy was due to expire at 3 o’clock on
a certain day. The man was in serious financial dificulties, and at 2.30 on the expiry day
he consulted his solicitor. He then went out and called a taxi. He asked the driver to make
a note of the time, 2.50. He then shot himself. Suicide used not to cancel an insurance
policy automatically. (It does nowadays.)
Answers:
Manslaughter
She was found not guilty of murder, but was given six years imprisonment for manslaughter.
West German newspapers reflected the opinion of millionsof germans that she should have
been freed, calling her ‘the ravenging mother’
Murder
Because Craig was under 18, he was sentenced to life imprisonment. Bentley, who had never touched the gun,
was over 18. He was hanged in 1953.The case was quoted by opponents of capital punishment, which was
abolished in 1965.
Assault
The drunk was fined ₤ 10.
Shop-lifting
She was fined₤75 and had to pay ₤200 towards the cost of the case. A few days later
she killed herself.
Fraud
The company refused to pay the man’s wife, and the court supported them.
The court procedure
Detention
Police officers can arrest a person if they have good reasons to suspect that the person has committed or is about to commit certain types of crime.
Police officers can also arrest a person if they believe that the person:
· Has not given the correct name or address;
· May cause harm to her/himself/ to someone else;
· May obstruct the highway.
Anyone arrested should be told what offence they have been arrested for. They should be told that they do not have to say anything but what they do say may be used in evidence against them. In nearly every case, people who are arrested have the right to see a solicitor for legal advice before making a statement to the police. Young people who are arrested should not to be questioned by the police unless there is a responsible adult with them.
Interrogation
When someone is arrested, he is taken to the police station for interrogation. Reviews must be made of a person’s detention at regular intervals (6 hours, thereafter every 9 hours) to check whether the criteria for detention are still satisfied. If they are not, the person must be released immediately.
Interviews with suspected offenders at police stations must be tape-recorded. The taping of interviews is regulated by a code of practice approved be Parliament, and the suspect is entitled to a cope of the tape.
A person who thinks that the grounds for detention are unlawful may apply to the High Court in England or Wales for a writ of habeas corpus against the person who detained him/her, requiring that the person before the court to satisfy the detention. Habeas corpus proceedings take precedence over others.
Charging
Once - there is sufficient evidence, the police have to decide whether a detained person should be charged with the offence. If there is insufficient evidence to charge, the person may be released on bail pending further enquiries by the police. They also may decide to issue him/her with a formal caution, which will be recorded and may be taken into account if he/she re-offends.
If charged with an offence, a person may be kept in custody if there is a risk that he/she might fail to appear in court. When someone is detained after charge, he/she must be brought before a magistrate’s court as soon as practicable.
Awaiting trial
There are limits on the period a defendant may be remanded in custody awaiting trial in England and Wales: 156 days from first appearance to trial (70 days between first appearance to referral to trial in the Crown Court). There are some cases where it is not possible to comply with the time limit and the courts have powers to extend limits.
Most accused people are released on bail pending trial; the law restricts the right to bail for someone charged with murder, manslaughter or rape if previously convicted of the same offence.
In some cases a court may grant bail to a defendant on condition that he/she lives in an approved bail or probation/bail hostel.
Trial
After the police formally accuse a person of committing a crime he/she appears before a magistrate – a well-respected member of the public who is empowered to decide with a lawyer’s help, what to do about minor cases. If the magistrate finds him/her guilty, he will sentence him/her to pay a fine, or some other minor punishment. More serious cases are passed up to the Crown Court.
Criminal trials have two parties: the prosecution and the defence. The prosecution must prove beyond reasonable doubt that the defendant committed the crime alleged. The law presumes the innocence of an accused person until guilt has been proven. An accused person has the right to employ a legal adviser and may be granted legal aid from public funds.
Criminal trials are normally in open court. In Crown court trials start with the clerk telling the court to rise as the judge enters. The clerk asks the accused to state his name and address. Then he reads out the charge to the accused and asks him whether he/she pleads guilty or not guilty. If he/she pleads guilty the judge decides wheat sentence he/she should be given. If he pleads not guilty the trial carries on.
The prosecution then presents its case backed up by its witnesses. The prosecution barristers call their first witness. The witness is sworn in by the clerk. (Taking a copy of the New Testament (or other holy book if the witness is not Christian) the witness says: I (name) promise to tell the truth, the whole truth and nothing but the truth. A witness who does not want to take this oath may say: I (name) do solemnly, sincerely and truly declare that the evidence I shall give shall be the truth, the whole truth and nothing but the truth.)
The witness is questioned first by the prosecution barristers and then by those for the defence. When all the prosecution witnesses have been called, the defence barristers bring forward their witnesses and the same procedure takes place.
The defendant can address the court in person or through a lawyer, who cross-examines the prosecution witnesses and presents the defence case.
Once the witness have given their evidence the prosecuting lawyer makes a closing speech, followed by that of the defence lawyer, who has the right to the last speech at the trial.
In Crown Court the judge decides questions of law, sums up the evidence for the jury after prosecution and defence closing speeches.
Verdict
The jury retires to a special room. The jurors are responsible for deciding whether a defendant is “guilty” or “not guilty”, the latter verdict resulting in acquittal. If the jury cannot reach a unanimous verdict, the judge may permit it to bring in a majority verdict provided that, in the normal jury of 12 people, there are not more that two dissenters.
If the jury acquits the defendant, the prosecution has no right of appeal and the defendant cannot be tried again for the same offence. The defendant has a right of appeal to a higher court if found guilty.
Sentencing
If a person is convicted, the judge decides on the most appropriate sentence. Account is taken of the facts of the offence, the circumstances of the offender, any previous convictions and sentences and any statutory limits on sentencing. The defence lawyer may make a speech in mitigation.
Prisons
After being sentences to prison, an offender is taken first to a local prison or remand centre where he/she goes through the reception process. This includes the removal and storage of private property, a medical examination and the allocation of a security category status. This is related to the nature of the prisoner’s offence and the level of supervision thought necessary. This categorisation will affect the conditions in which the prisoner will be hold.
1. Match the numbers with the words.
2. Read the following information and put the statements in the right order:
The procedure at a trial is:
| a. The judge passes sentence or sets the accused free. b. The defending counsel makes a closing speech to the jury saying why they should acquit the accused. c. The prosecuting counsel puts his or her witness(es) in the witness stand and gets them to tell the court what they know. d. The jury make their decision. e. The prosecuting counsel makes a speech saying why the accused is guilty. f. The procedure is reversed: now the defending counsel puts his or her witness(es) in the witness stand. g. The defence counsel makes a speech saying why the accused is innocent, or at least why the prosecution cannot prove the accused’s guilt. h. The prosecuting attorney makes a speech saying why the jury should find the accused guilty. i. The defending counsel tries to find fault with what the witness(es) has said. | 1. 2. 3. 4. 5. 6. 7. 8. 9. |
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