Imposition of penalties

Punishment may be imposed only on a person found guilty of committing a crime. In passing sentence the court takes into consideration the degree to which the crime committed is a danger to society, the character of the guilty person and attendant extenuating/mitigating or aggravating circumstances.

The circumstances extenuating criminal responsibility include: the guilty person's prevention of harmful consequences resulting from the crime committed, his voluntary recompense or redemption of the damage done; the commission of a crime as the result of the coincidence of grave personal or family circumstances; the commission of a crime under threats or compulsion, or by force of material or other dependence; the commission of a crime under the influence of strong mental excitement caused by unlawful acts on the part of the victim; and the commission of a crime by an expectant mother.

The circumstances aggravating a crime include: the commission of a crime by a person who has previously committed a crime; the commission of a crime by an organized group; the commission of a crime having grave consequences; the commission of a crime for personal gain or other base motives involving excessive cruelty or the abuse of the victim or that takes advantage of disaster, etc.

If there are considerable extenuating circumstances or the court comes to the conclusion that deprivation of liberty or corrective labour is undesirable, it may pass a suspended sentence.

Task 1. Answer the questions:

What circumstances are considered to be extenuating/aggravating?

Should they be taken into consideration while dealing with a case in court?

Task 2. What circumstances (mitigating or aggravating) does the court take into consideration in passing sentences in the following cases:

· A man throws a brick over a railway bridge and inadvertently kills the driver of a train.

· A gang of men attack a man and beat him up so badly that he has to go to the hospital for treatment.

· Two men drive a car through customs with heroine hidden in the wheel hubs.

· An outraged, mentally disturbed man murdered a boy.

Vocabulary exercises (part II)

Ex. 1. For each crime such as terrorism, tax evasion, kidnapping, mugging, burglary, arson, drunken driving, armed robbery, murder, vandalism, theft, assault decide what the punishment should be:

community service, life imprisonment, a long prison sentence, a fine, a warning, a ban on driving, a short prison sentence, a suspended sentence e.g. => a long prison sentence.

Ex. 2. Fill in the blanks using the given words:

A. Words: detention, drug trafficking, juvenile, reduce, victims of crime, firearms, unarmed, prevent, found guilty, persistent offenders, fraud, robbery, terrorist activities.

The criminal justice system aims to 1)........... and 2)........... crime, to deal fairly with those suspected or accused of crimes, to help 3).................. and to punish suitably those 4).................

The proceeds from serious crime such as 5)................, 6)............. and

7)....... may be confiscated by the courts. The Government has certain exceptional powers for dealing with and preventing 8).......... These take account of the need to achieve a balance between the safety of the public and the rights of the individual. 9)....... must be licensed and their possession is closely regulated.

Law enforcement is carried out by 52 locally based police forces, with a combined strength of about 160,000. Police officers are normally 10)........., and police powers of arrest and11).............. are regulated by statutory codes of practice. The police service is increasingly involved in international cooperation against crime. The Government is taking steps to tackle the increase in 12)......... crime. For example, it plans to establish secure accommodation for 13)........ under 15.

B. Words: trial, magistrates, bail, charged, accused, evidence, innocence, pleaded, detained, custody

The man 1)............... of kidnapping the wealthy heiress Christine Moore appeared yesterday before 2)................ and was formally 3)............. with the crime. He 4)............ not guilty but was denied 5)........... The man, James Clarke, 27, will be 6)........... in police 7)............ until his 8)............., which is expected to begin in September. Mr Clarke claimed in a statement yesterday that he did not kidnap Miss Moore and that there was no 9)........ to support the charge, adding that he was confident that his 10)............. would be made clear.

Ex.3. Express the following idea in one term.

a) A large building where people are kept as a punishment after being found guilty of a crime.

b) The system allowing certain law-breakers not to go to prison, if they behave well and report regularly.

c) The letting out of prisoners before the official period of their imprisonment has ended, on condition that they behave well.

d) A reward or payment (for trouble, loss, inconvenience, etc.)

e) An order given by a judge which fixes a punishment for a criminal declared to be guilty in court.

f) The official decision made by a jury in a court of law at the end of a trial about whether the person is guilty or not guilty.

g) An amount of money paid as punishment.

h) Facts that might excuse a person’s bad behavior.

i) Money left with a court of law so that a prisoner can be set free until he/she is tried.

Ex.4. Complete the following text with the words or phrases from the box, using them in the appropriate form.

wrongdoer; deterrent; law-abiding;

misdeeds; reform; crime doesn't pay;

barbaric; retribution; corporal punishment;

humane; rehabilitate; death penalty.

What is the purpose of punishment? One purpose is obviously to (a) __ the offender, to correct the offender's moral attitudes and anti-social behaviour and to (b)__ him or her, which means to assist the offender to return to normal life as a useful member of the community. Punishment can also be seen as a (c) __ because it warns other people of what will happen if they are tempted to break the law and so prevents them from doing so. However, a third purpose of punishment lies, perhaps, in society's desire for (d) __, which basically means revenge. In other words, don't we feel that a (e) __should suffer for his (f)__? The form of punishment should also be considered. On the one hand, some believe that we should "make the punishment fit the crime". Those who steal from others should be deprived of their own property to ensure that criminals are left in no doubt that (g) ___. For those who attack others (h) __ should be used. Murderers should be subject to the principle "an eye for an eye and a tooth for a tooth" and automatically receive the (i) __. On the other hand, it is said that such views are unreasonable, cruel and (j)__ and that we should show a more (k)__ attitude to punishment and try to understand why a person commits a crime and how society has failed to enable him to live a respectable, (1)__ life.

Ex. 5. Go through the list of offences and decide which are major and which are minor. Then look at the forms of punishment and decide which is appropriate for each offence. Write sentences as in the example.

Offences

1 murder 8 stealing sweets

2 hijacking an aircraft 9 making noise late at night

3 kidnapping 10 being on a bus without a

4 litteringticket

5 writing graffiti on 11 violent behaviour in a

a public building football stadium

6 stealing a car 12 toxic waste pollution

7 pickpocketing

Punishment

to be sentenced to life imprisonment, to be sent to prison, to be fined a large / small amount of money, to be given a suspended sentence, to do community service, to be given a warning

e.g. Murder is a major offence. I think that someone who murders somebody should be sentenced to life imprisonment.

Ex. 6. Fill in with: accused, evidence, convicted, sentenced, tried, arrested, guilty, put, suspected.

The police had 1) ……… Paul Williams for months, and when they finally gathered some real 2) …...... against him he was 3) ……… by the police and 4) ………of trafficking in drugs. A few weeks later he was 5) ……… for the crime. The jury were quickly convinced that he was 6) ……… of drug-trafficking, so he was 7) ……… of the crime and 8) ……… to ten years in prison. The police were satisfied they had managed to 9) ……… such a dangerous criminal behind bars.

Communicative Activities

Task 1. Work in pairs and discuss:

1. Which punishment do you think is appropriate for each of the following crimes?

a) murder of a policeman; d) robbing a supermarket with a gun;

b) vandalizing a telephone box; e) stealing goods from a shop;

c) drinking and driving; f) parking a car illigally.

2. Match these actual sentences from British courts with the above mentioned crimes.

a) 5 to 10 years in prison; d) a £400 fine;

b) a small fixed penalty fine; e) a £200 fine disqualification from driving;

c) life imprisonment; f) 100 hours of community service.

Task 2. Prepare a 3-minute talk on the topic «Penalties». Focus on the following points:

· the purpose(s) of punishment;

· types of penalties;

· imposition of penalties.

Texts for Reading and Rendering

Text 1.

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