2 Курс 4 семестр

4. Punishment

5. Capital Punishment

6. Treatment of Offenders Topic 4. Punishment

Topical vocabulary

сapital – караемый смертью, тяжкий corporal – телесный community – община, общность, общество community services – общественные работы deprivation – лишение, потеря, утрата to deter – устрашать execution – приведение в исполнение humiliation – унижение to impose – накладывать штраф, ограничение, выносить приговор to imprison – заключать в тюрьму

incapacitation – лишение прав incarceration – заключение в тюрьму to inflict – нанести потери; причинять страдания; налагать наказание to invoke – призывать, взывать justification – правомерность lenient – мягкий rehabilitation – восстановление в правах, реабилитация reparation – возмещение retribution – кара, возмездие restitution – возвращение законному владельцу sentence – приговор treason – государственная измена

Punishment describes the imposition of a deprivation on a person who has violated a law, a rule, or other norm.

Application of punishment calls for a justification, though it purposefully inflicts pain. There are four basic justifications: retribution, deterrence, rehabilitation, incapacitation.

Retribution is concerned with recognizing that the criminal has done something wrong and taking revenge on behalf of both the victim and society as a whole.

Deterrence is concerned with preventing the commission of future crimes. Punishments may aim at individual deterrence, or general deterrence (showing other people what is likely to happen to them if they commit crime). The deterrent effect of punishment on individuals becomes weaker each time they are punished. The more deeply a person becomes involved with a criminal way of life, the harder it is to reform and, at the same time, the fear of punishment becomes less because they have been through it all before. Where a specific crime is thought to be on increase, the courts will sometimes try to deter such conduct by passing what is called an exemplary sentence – a sentence higher than that which would normally be imposed to show people that the problem is being treated seriously, and make potential offenders aware that they may be severely punished.

Rehabilitation is aimed at reforming the offender, so that they are less likely to commit offences in the future – either because they learn to see the harm they are causing, or because through education, training and other help, they find other ways to make a living or spend their leisure time. Protection of the public is one of the aims of sentencing. Protection can be achieved by incapacitating the offender so that he can not commit further crime.

The ultimate punishment is the death sentence, though this is not now used in the United Kingdom and many other countries. The main way of protecting the public is by sending the offender to prison.

Under the Criminal Code, a prison sentence can be passed for a violent or sexual offence where it is only adequate way of protecting the public from the offender by placing an offender in custody, you prevent them from committing further offences and the public are thereby protected. While incapacitation has its merits where highly dangerous offenders are concerned, it is an extremely expensive way of dealing with crime prevention and, since prison is often the place where criminals pick up new ideas and techniques, may be ultimately counter – productive.

Capital and corporal punishment are seldom invoke by contemporary society. Criminal sentences include four basic modes of punishment: incarceration, community supervision, fine, and restitution. The death penalty is now possible only for certain types of atrocious murders and treason.

Punishment is an ancient practice. But the types of punishment available and the choice between them is made by the judge according to the law.

Task 1. Form derivatives from the following verbs and translate them into Russian.

To punish, to deter, to violate, to accuse, to impose, to apply, to rehabilitate, to produce, to incapacitate, to retribute, to incarcerate, to supervise, to restitute, to inflict, to execute.

Task 2. Use the prefix dis – to form verb derivatives with the negative meaning or indicating reversal:

To continue, to charge, to encourage, to appear, to agree, to satisfy, to qualify, to trust, to connect, to organize.

Task 3. Match the synonyms within this stock of words.

Warning, to return something to the owner, capital punishment, physical punishment, post, mild sentence, incarceration, death penalty, imprisonment, corporal punishment, life sentence, lenient sentence, pillory, criminal, for the term of one’s natural life, penal, exemplary, to restitute.

Task 4. Match the opposites:

1. criminal law	a. law-abiding
2. maximum penalty	b. to penalize
3. punitive measures	c. minimum penalty
4. wrongdoer	d. contemporary
5. barbaric	e. to plead not guilty
6. ancient	f. civil law
7. punitive legislation	g. humane
8. to plead guilty	h. civil code
9. penal code	i. civil legislation
10. to revoke a law	j. to invoke

Task 5. Make up all possible word combinations, using the words from both columns.

punishment sentence custody execution to inflict crime community humiliating humiliation justifiable to suspend to impose death permanently to punish justification

corporal capital physical over-lenient damage losses shame penalty by hanging supervision service situation homicide claims public suspended judgement deprive criminal to commit well-deserved positive

Task 6. Match the verbs with their definitions.

1. to deter	a. to request something especially officially and in writing
2. to retribute	b. to charge someone with doing wrong or breaking the law
3. to violate	c. to discourage someone from doing something
4. to impose	d. to break against the law
5. to rehabilitate	e. to receive punishment or suffering for
6. to incapacitate	f. to state the punishment for a guilty person, especially a punishment of death or long imprisonment
7. to accuse	g. to make (a person) able to live a healthy, useful, or active life again, especially after being in prison
8. to apply	h. to make someone unable to do something
9. to condemn	i. to establish (an additional payment) officially
10. to execute	j. to kill someone as a lawful punishment
11. to punish	k. to cause someone who has broken the law to suffer, by sending them to prison

Task 7. Find the English equivalents in the text.

• нарушить закон

• лишение

• процесс обвинения и доказательства

• вынесение приговора

• правомерность (оправдание)

• мягкие приговоры

• физическое наказание

• высшая мера наказания

• лишение прав

• зверские убийства

• измена

• штраф

• восстановление первоначального правового положения

• общественные работы

Task 8. Read and choose the correct word from the box for each space.

Humane, wrongdoer, to deter, to rehabilitate, anti-social, offender, deterrent, to break the law, punishment, deprived, property, criminals, crime doesn’t pay, death penalty, barbaric.

One purpose of punishment is obviously 1)____the offender, to correct the offender’s moral attitudes and 2)____ him or her, which means to assist the 3)____to return to normal life as a useful member of the community

Punishment can also be seen as a 4)____ because it warns other people of what will happen if they are tempted 5)____ and prevents them from doing so.

The third purpose of 6)____ lies in society’s desire for 7) ____, which basically means revenge.

Those who steal from others should be 8)____ of their own 9)____ to ensure that 10)____ are left in no doubt that 11)____.

Murderers should be subject to the principle “an eye for an eye and a tooth for a tooth” and automatically receive 12)____.

Such views are unreasonable , cruel and 13)____ and that society should show a more 14)____ attitude to punishment and try to understand why a person commits a crime.

Task 9. Insert the prepositions.

1. The court ordered him to make full restitution _ the money _ the people he had stolen it _. 2. The law penalizes the employment _ children. 3. He was incapacitated _ voting. 4. I’ll pay him _ _ what he did _ me! 5. These people must be made to pay _ their crimes. 6. She was accused _ murder. 7. Condemned cell is a room where prisoners, who are to be punished _ death are kept. 8. The prisoner was condemned _ death. 9. The judge condemned her to spend six years _ prison. 10. The judge inflicted the death penalty _ the criminal. 11. She has been charged _ theft. 12. He is being kept _ custody. 13. The jury reached a verdict _ guilty. 14. They were brought _ the judge. 15. He appeared _ court _ handcuffs.

Task 10. Match A to B, making as many word- combinations as possible.

A	B
punitive to deprive to prove to sentence to put deprivation exemplary a life to find somebody to look penal to impose lenient	one’s guilt to jail of liberty of the rights sentence permanently guilty justice settlement to death of guilt servitude penalties

Task 11. Use phrases of agreement (A) or disagreement (B) to state whether the sentences below the box are true or false.

A	B
I should say so Certainly I quite agree with you I think so too You are quite right there Exactly Quite so That’s just what I think	I disagree with you there I am afraid I can’t agree with you I think you are mistaken Not at all Nothing of the kind On the contrary Rubbish Nonsense That’s ridiculous

1. Imposition of a sentence is done by a designated official.

2. Any organized group (most typically the family) may punish perceived wrongdoers.

3. Punishment is in no way painful and guilt-producing.

4. There are three basic justifications in Western culture.

5. Most penal historians note a gradual trend over the last centuries toward more severe sentences in Western countries.

6. Capital and corporal punishments are still widespread and often invoked by contemporary society.

7. In the USA corporal punishment contradicts to the 8^th amendment’s restrictions on cruel and unusual punishment.

8. Civil sentences ordinarily embrace four basic modes of punishment.

9. The death penalty is possible for certain types of atrocious murders and treason.

10. In England the life sentence is imposed instead of death penalty.

11. Punishment is an ancient practice.

Task 12. Answer the questions on the text.

1. What does punishment describe?

2. Does punishment purposefully inflict pain?

3. What are the aims of punishment?

4. What is supposed to achieve by punishment?

5. What is retribution concerned with?

6. What is supposed to prevent the commission of further crimes?

7. Why does the deterrent effect of punishment become weaker?

8. Does the fear of punishment become less in some cases? Why?

9. In what cases is an exemplary sentence passed?

10. What is rehabilitation aimed at?

11. Are the public protected if an offender is placed in custody?

12. Custodial sentences are extremely expensive way of dealing with crime prevention, aren’t they?

13. Why is prison ultimately of counter – productive effect in crime prevention?

14. What types of punishment are seldom invoke by contemporary society?

15. How many basic modes of punishment do criminal sentences include? What are they?

16. In what cases is the death penalty possible?

17. Is punishment an ancient practice?

18. How is the choice between the types of punishment made by the judge?

Task 13. Read and translate the text.

From the History of Punishment

In ancient times physical punishments and public humiliations were social events as well as painful ones.

In ancient Rome people found guilty of murdering their fathers were put in a sack with a rooster, a viper and a dog, then drowned. In ancient Greece a condemned man was allowed to end his life by poison. But condemned slaves were beaten to death. In Turkey a guilty butcher was tied to a post with a piece of stinking meat fixed under his nose. A guilty baker could be nailed to his door by his ear for cheating the buyers.

In the main squares of towns there was the pillory for the offenders who were locked by hands and head into the device and stood for days, while crowds jeered and pelted him with rotten vegetables or stones, or worse.

In medieval Europe punishment in the form of execution was really painful and caused maximum suffering. The guilty were tied to a heavy wheel and rolled around the streets until they were crushed to death. Others were strangled slowly. Hanging and quartering remained as the most terrible punishment in Britain until 1814. Beheading was reserved for those of high rank. The use of the guillotine for executions was suggested in 1789 in France.

Similar machines had been used in other countries, including Scotland and Italy.

Task 14. Find the English equivalents in the text.

Древняя Греция, Рим, виновный в совершении убийства, приговоренные рабы, признать виновным, забить до смерти, протухшее мясо, привязать к столбу, «позорный столб», глумиться, забрасывать камнями, экзекуция, колесо, колесование, душить, повешение, четвертование, обезглавливание.

Task 15. Insert the prepositions:

found guilty _ murdering; to end _poison; beaten _ death; could be nailed _ his door _ his ear _ cheating; put _ a sack; were locked _ hands and head _ the device; rolled _ the streets; was reserved _ those _ high rank.

Task 16. Make up sentences.

1. Greece, in, a, ancient, man, was, condemned, to, allowed, end, by, his, poison, life.

2. The, pillory, there, for, was, offenders, the.

3. Painful, was, punishment, really, maximum, and, caused, suffering.

Task 17. Write questions to which the following would be answers.

1. In ancient times physical punishments and public humiliation were social events.

2. They were put in a sack with a rooster, a viper and a dog.

3. A condemned man was allowed to end his life by poison.

4. In ancient Greece condemned slaves were beaten to death.

5. In Turkey a guilty butcher was tied to a post, a baker could be nailed to his door by ear.

6. There was the pillory in the main square of towns.

7. Punishment in the form of execution was painful in Medieval Europe.

8. Hanging and quartering remained in Britain until 1814.

9. The use of the guillotine was suggested in 1789 in France

Task 18. Answer the questions on the text.

1. Why did ancient punishment have to be painful?

2. What was the purpose of making punishments public?

3. What was the symbolic meaning of the punishment inflicted on the parents’ murderers?

4. What punishments were most common in the East?

5. How did punishments reflect social status?