Community Service

Judges can sentence defendants to perform unpaid community work called "community service" to repay a debt to society for having committed the offense. The defendant may be required to perform community service in addition to receiving some other form of punishment.

Miscellaneous "Alternative Sentences"

There are many different types of "alternative sentences." Alternative sentencing is the buzzword for an increasingly visible movement in the criminal justice system. Largely inspired by overcrowded and nonrehabilitative prisons, some judges are beginning to work with prosecutors and defense lawyers to impose nontraditional sentences, especially in cases that don't involve violence.

People have been required to:

· install breathalyzer devices ("ignition interlocks") in their cars so that their cars will not start unless the offender blows into the device and has "clean" breath (after drunk driving convictions);

· drive around with signs on their cars notifying others they'd been convicted of a drunk driving offense;

· give lectures or teach classes about the dangers of criminal behavior;

· attend lectures given by crime victims;

· do weekend jail time;

· stay at home under "house arrest";

· live in their own slummy building (if the defendant is a landlord who has been convicted of criminal negligence or other offenses related to the poor condition of the building), or

· serve time in "private jails" -- jails administered by private contractors for a fee which they charge both governments and inmates.

Diversion

Cases can be "diverted" out of the criminal justice system. Defendants whose cases are diverted typically have to participate in a treatment or rehabilitation program. Since criminal charges are normally dropped when a defendant successfully completes a diversion program, diversion allows defendants to escape the stigma of a criminal conviction.

Eligibility for diversion varies from one locality to another. Diversion programs are most often available to defendants charges with misdemeanors and nonviolent felonies involving drugs or alcohol. In some jurisdictions, diversion may be available to defendants charged with domestic violence, child abuse or neglect, traffic-related offenses or even writing bad checks.

2. Make a list of different ways of punishment for crimes and think of possible disadvantages of each way.

3. Find in the text the English equivalents for the following law terms. Explain their meaning in English.

-условное освобождение;

-приговор с установленным сроком заключения/без установленного срока заключения;

-заключенный;

-приговор с отсрочкой исполнения;

-курс лечения от наркозависимости;

-отбывать срок;

-хранение наркотиков;

-вождение в нетрезвом состоянии;

-возмещение убытков;

-приобретенный незаконным способом;

-прекратить дело;

-мировая сделка;

-иметь уголовное прошлое;

-конфискация;

-выполнение работ на общественное благо;

-насилие в семье.

4. Using the text analyze the valency of the following words: a sentence; to sentence; a charge; to charge; a victim; a probation.

II. 1. Read the texts. Think of a different way to entitle them.

A. Judges Write Creative Sentences.

The defendant before Judge Larry Standley in Harris County, Texas, criminal court in January had slapped his wife on New Year's Eve. The defense and the prosecutor had agreed on a punishment. Standley was about to sign off on it when, on impulse, he tacked on another condition: yoga class.

Then came the uproar. CNN wanted an interview. Newspapers worldwide wrote about the yoga judge. Hate mail arrived from a North Carolina man who accused him of promoting Buddhism.

Standley stands by his sentence. He says he hopes the combination of traditional punishment and a mind- and body-stretching yoga class will help the man control his behavior. And, he says, it certainly can't hurt.

At a time when many of the nation's judges feel hamstrung by proscribed sentencing guidelines, some judges still take advantage of the leeway they have. Though a number of judges are just reacting to the guidelines, others are imposing odd sentences out of frustration with repeat offenders or as a way to avoid sending small-time criminals to overcrowded jails. Others do it simply because they can. Creative sentences, which vary from wacky to touchy-feely to downright mean, are tacked on to jail time, community service and probation. Many are controversial.

Sentencing is most restrictive at the federal level, where judges tally up the offenses and use a formula set by Congress to determine prison time. Felony and misdemeanor judges in every state have legal constraints on sentences, but judge in some states have leeway to add conditions. Municipal courts, which generally handle traffic and misdemeanor cases, typically leave the most room for creativity.

Judges such as Standley are bucking a trend of the past decade to stiffen sentences and make punishment more uniform. And state legislatures and sentencing commissions, faced with budget deficits and overcrowded prisons, are taking notice. In the past three years, at least a dozen states, including Alabama, Arkansas, Connecticut, Delaware, Kansas, Maryland, Michigan and Utah, have begun to examine and revamp sentencing policies.

Дата добавления: 2015-11-14