Материал: English for Law Students. 2 year. Part 2 - Учебное пособие(Власов Н.М.)
Предмет: Иностранные языки
Unit 5 the purposes of punishment a. getting started.communication point
A1. Discuss the following:
Have you ever been punished by your parents, teachers?
Do you agree that punishment is a necessary tool in upbringing process?
Do you think that people who punish their children are cruel?
Is it possible to bring up children without punishment?
Speaking of the people who have become criminals, in your opinion, were they punished too much in their childhood?
B1. Study the following words and try to memorize them
deprivation – лишение, утрата burden – ноша, тяжесть, обременение, обязательство vindictive – мстительный, карательный
retributive – карающий, карательный
gravity – тяжесть, серьезность
dignity – чувство собственного достоинства
transgress – преступать закон, совершать грех
contemplate – обдумывать, размышлять, намереваться incapacitation – ограничение правои /или дееспособности, лишение гражданских прав restoration – возмещение, возвращение утраченного retribution – возмездие, расплата, кара
get even with – свести счёты diminish – снижать, уменьшать
vigilant - бдительный, неусыпный
vigilantism – самосуд reinforcement – упрочнение, укрепление
eliminate – упразднять, ликвидировать denunciation – осуждение, разоблачение
curb – ограничивать, сдерживать
stigmatize – клеймить позором, бесчестить
В2. Read the text and be ready to discuss it.
In common usage, the word "punishment" might be described as "an
authorized imposition of deprivations — of freedom or privacy or other goods to which the person otherwise has a right, or the imposition of special burdens” — because the person has been found guilty of some criminal violation. 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.
Modern theories date from the 18th century, when the humanitarian movement began to teach the dignity of the individual and to emphasize his rationality and responsibility. The result was the reduction of punishment both in quantity and in severity, the improvement of the prison system, and the first attempts to study the psychology of crime and to distinguish between classes of criminals with a view to their improvement. These latter problems are the sphere of criminal anthropology and criminal sociology, sciences so called because they view crime as the outcome of anthropological and social conditions. 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 behavior 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. However, some argue that this is a "zero sum game”, that such acts of street justice and blood revenge are not removed from society, but responsibility for carrying them out is merely transferred to the state. Retribution sets an important standard on punishment — the transgressor must get what he deserves, but no more. Therefore, a thief put to death is not retribution; a murderer put to death is. 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 a 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.
B3. Make up 5 questions on the text and put them to your group mates.
C1. Use one of the words to complete the sentences.
1. Single mothers often feel that they are
a) diminished b) stigmatized c) eliminated
2. The party's share of the electorate has
a) diminished b) degraded c) discarded
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 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
C2. WORD FORMATION
a. Fill in the table
b. Translate the sentences below using the appropriate form
1. Карательному правосудию противопоставляется
восстановительная модель, делающая ставку на возмещение вреда.
2. В американском лагере Гуантанамо к заключённым применялась пытка музыкой лишение сна при помощи громкой продолжительной музыки.
3. Ватикан включил в число смертных грехов «чрезмерное богатство», а также осудил социальную несправедливость и социальное неравенство.
C3. VOCABULARY EXTENSION
a. Work in pairs or small groups. Give Russian equivalents to the following expressions, use a dictionary, if necessary; compare your answers with those of your classmates:
b. Individually, write two/three example sentences using the expressions.
a) justice of assize –
b) justice of nisi prius – c) justice of the case – d) justice of the peace – e) accusatorial justice –
f) administered justice – g) administrative justice – h) adversary justice –
i) appointed justice –
j) arbitral justice –
k) associate justice –
l) bargain-basement justice
m) punitive justice –
n) biased justice – o) career justice p) chief justice -
c. Match the terms from the list to their Russian language equivalents.
a) custodial penalty b) death penalty c) extra-legal penalty d) extreme penalty e) high penalty f) imposed penalty g) penalty of confinement h) non-custodial penalty i) civil penalty j) commuted penalty k) criminal penalty l) lenient penalty m) light penalty n) maximum possible penalty o) mild penalty p) minimum penalty q) money penalty
1. гражданско-правовая санкция
2. смягчённое наказание
3. уголовная санкция, (уголовное) наказание
4. наказание, связанное с лишением свободы
5. смертная казнь
6. дисциплинарное взыскание
7. высшая мера наказания
8. строгое, суровое наказание
9. назначенное наказание
10. мягкое наказание (2)
11. лёгкое наказание
12. возможный (по закону) максимальный предел наказания
13. низший (по закону) предел наказания
14. денежная санкция, штраф
15. наказание, не связанное с лишением свободы
16. наказание лишением свободы
D1. WORD FORMATION. Use the word given in parentheses to form a word that fits in the space.
A fitting punishment
Malacca, Sunday. It was a long and (exhaust) 1
day for 34 youths
who had planned to take part in illegal motorcycle races. The police were
able to catch the motorcyclists as a result of (complain) 2
they had received about the noise they made. The police had been (suspect)
for several days as the motorcyclists had been racing without
. There had also been a lot of (critic) 5
of their wild and threatening (behave) 6 go near them.
, and people were afraid to
The police made the motorcyclists push their heavy machines to the police station over 10 kilometres away. 'Although the youths had a lot of expensive
(equip) 7 (defect) 8
on their bikes, the brakes on most of them there and very unsafe,' a police officer said.
'We held the races because we were (bore) 9
and wanted some
kind of (entertain) 10
one of the motorcyclists said. 'The police
should have behaved in a more (reason) 11 youth said. 'However, we should be (thank) 12 haven't taken our motorbikes away,' he added.
way,' another that they
E. PROJECT WORK
E1. What kinds of punishment do you know? Work in pairs or in small groups. Make a list of types of punishment. Compare your lists with those of your classmates.
E2. In group make a list of key terms relating to punishment. F. DISCUSSION
F1. Was justice done?
Here are some examples of crimes and the penalties chosen by particular judges. Read through them and try to answer the following questions:
- Was justice done?
- If you had been the judge, would you have given a different sentence?
- What other facts and circumstances would you have wanted to know?
In June 1980 Lady Isabell 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. She was fined
£75 and had to pay £200 towards the cost of the case. A few days later she killed herself.
In 1976 a drunk walked into a supermarket. When the manager asked him to
leave, the drunk assaulted him, knocking out a tooth. The policeman who arrived and tried to stop the fight had his jaw broken. The drunk was fined
A mother who killed her brain-damaged son with heroin has been sentenced
to a minimum of nine years behind bars for his murder but she called it an act of mercy.
In 2007 an off-duty Chicago police officer Anthony Abbate was convicted of
aggravated assault for battering a female bartender half his size. A tavern security video shows a drunken, 250-pound Abbate punching and kicking the
125-pound Karolina Obrycka. The altercation happened after she refused to serve him more drinks. Abbate was sentenced to two years probation, a home curfew of 8 p.m. to 6 a.m. and 130 hours of community service. "If I believed sentencing Anthony Abbate to prison would stop people from getting drunk and hitting people, I'd give him the maximum sentence," the judge Fleming said.
G1. In pairs find the synonyms to the entries taken from the text (in the
box). Write two/three sentences using them.
Large-scale surveys of victims and self-report surveys of criminals provided data on crime and criminals independent of police and correctional records.
Synonyms: analysis, audit, check-over, inspection, review, scan, scrutiny, view
Synonyms: appraise, assay, assess, evaluate, rate, set (at), valuate, value
Synonyms: policeman, bull, cop, copper, fuzz, heat, man, officer, peace officer, police officer
Synonyms: document, archive(s), monument record (verb)
Synonyms: show, indicate, mark, read, register, say
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