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.

Date: 2015-12-24; view: 1468