Key Vocabulary List

prison/ jail (Am), to put in prison, to put smb under arrest, to release from prison, prisoner/ inmate, prisoner of war, to imprison, imprisonment, prison term

incarceration, to be incarcerated, the rate of incarceration

custody, to be in custody/ to be remanded/held in custody, to be apprehended

to convict smb of smth, convict, to be convicted of smth, to have conviction for smth, to overturn the conviction

to outlaw, an outlaw

to appeal, appeal, to appeal against the conviction, to dismiss an appeal

evidence, forensic evidence, to produce evidence, to consider the evidence/ testimony/ proof

witness, a witness for the prosecution/ for the defence, a witness to a crime

charges against smb, to be charged with, to drop charges against smb

to plead guilty/ not guilty to a crime, plea

bail, on bail, to be put on bail, to stand bail for smb

parole, on parole, to be released on parole, remission and parole system, non-custodial alternatives

the age of criminal responsibility

sentence, lenient sentence, suspended sentence, to pass a sentence, to impose a sentence, to suspend a sentence, to complete a sentence, to serve a prison sentence

penalty

probation, to be put on probation, to be on probation

to suspect smb of smth, suspect, to be under/ beyond suspicion, suspicious-looking to be represented by a lawyer

investigation, to undertake investigation

inquiry, to make inquiries/ inquest

to find smb guilty/ not guilty, to give smb a free pardon, to acquit smb, to find the case not proven

major crime, petty crime, minor offence

a hole-in-the-wall cash dispenser

Some offences: unlawful possession of a weapon, blackmail, burglary, robbery, armed robbery, shoplifting, petty theft, kidnapping, arson, trespassing, murder, manslaughter, felony, smuggling, bigamy, conspiracy, espionage, treason, fraud, forgery, baby- or wife battering, rape, assault, mugging, driving without due care and attention, drug peddling, hijacking, carjacking, joyriding, sexual abuse, bribery, bribe-taking, corruption, embezzlement, obscenity, libel, slander, perjury, an offence against property

to be robbed at gunpoint

to raid, raider, smash-and-grab raid, ram-raid heist

squatters, ravers, hunt saboteurs

Some of the sentences: to impose a fine, to pay compensation, to give smb community service, to be banned from driving, to endorse smb’s licence, revocation of a privilege (e.g. driver’s licence, hunting permit), to put smb on probation, life imprisonment, death penalty/ capital punishment

Text A

Real Crime and Pseudo Crime!

In the traditional English detective story, written by someone like Agatha Christie, the crime is nearly always murder. It often takes place in a country house, and the local inspector, who undertakes investigation, is incapable of solving the case, and needs the help of a private detective. The detective begins making a series of inquiries and looking for clues. The suspects are usually upper-class, and have a motive for killing a victim. The detective eventually resolves the mystery by inviting all those under suspicion to meet. He sets a trap for the murderer, and establishes his guilt by going through the evidence. The murderer obligingly gives himself away, and confesses, providing the proof of the detective’s accusation. The grateful police inspector arrives to make the formal charge and put the murderer under arrest.

In real life, the crime is usually not murder but an offence against property, on a scale ranging from shoplifting through theft to burglary and robbery with violence. Other offences involving money, like fraud and forgery, are also much more common than murder. If the case is solved, it is usually because the police receive information that puts them on the track of the criminal, or he leaves traces behind him such as fingerprints. Sometimes offering a reward helps to convict someone. But few thieves or robbers confess unless they know they will be found guilty and hope to get a lighter sentence, and the police seldom invite them to a party with other suspects!

When a crime is committed there is a police investigation. The suspect is questioned by the police. He may be then arrested and charged. And perhaps held in custody. He appears in a Magistrates’ Court. He may be represented by a solicitor. Minor cases are dealt with at this Court. Serious cases go to the Crown Court, where there is a jury and a judge. The defendant may be represented by a barrister. The jury finds him guilty or not guilty and the judge will acquit him or put him on probation or fine him or send him to prison.

He can appeal against conviction.

Your Verdict

What punishment or treatment should be given to these criminals?

1. Well-off housewife takes a bottle of perfume from a department store.

2. A husband kills his wife after finding she has been unfaithful.

3. A group of men kill 5 customers in the pub by leaving a bomb there.

4. A group of schoolboys break all the windows in a telephone box and damage the telephone.

5. A motorist kills a pedestrian after an evening’s drinking.

6. An office worker helps himself to pens and paper from his office for his personal use.

7. A group of young men take a woman’s handbag after threatening to attack her in a dark street.

8. A motorist parks in a no-parking area and obstructs the traffic so that an ambulance can’t get past.

9. Two groups of rival football supporters start a battle and are arrested.

10. A man attacks a girl in a park and has sex with her against her will.

11. A teenager hacks into an airline company’s computer system and deliberately introduces a virus.

12. A man is attacked by muggers on the subway, defends himself with a gun and shoots his assailants dead.

13. A small business is caught selling pirated CDs.

Punishments:

a) long prison sentence/short prison sentence

b) community service

c) fine

d) caution (a formal warning)

Text B

Punishment is a complex concept which arouses great emotion. It involves the infliction of pain on one person by another. This pain is usually justified on the grounds that the first person has been guilty of some wrong-doing and that the second has a legal or moral right to respond by inflicting punishment. The right to inflict pain in this way comes, it is argued, from the authority of one party in relation to another, whether it be parent to child, teacher to pupil or judge to offender. It is generally accepted that any such punishment should be proportionate to the wrong which has been done.

The emotion surrounding this subject arises when one begins to consider the nature of punishment and the purpose which it is meant to achieve. It is an emotion which has loomed large in recent years, particularly when the discussion is about the punishment which is to be meted out to those who have been found guilty of breaking the criminal law. The most extreme form of punishment which can be imposed in British society is imprisonment. One oft-quoted aphorism is that “People are sent to prison as punishment, not for punishment”. In other words, the punishment consists solely of being deprived of liberty. The only additional punishment should come about as a direct consequence of loss of liberty and not through any added penalties imposed by the prison system, such as restriction of diet or prohibition of contact with family or insanitary living conditions.

This debate very quickly leads on to a discussion about the purpose of punishment. If it is purely retributive, one can argue that conditions of imprisonment should be as punitive and restrictive as possible. But most commentators wish to add an element of reform or rehabilitation to the concept of punishment. One of its consequences, they argue, should be that the person who is subjected to the punishment will be less likely to commit further offences or crimes in the future and will be helped to lead a useful life in society. The change in behaviour will come about either because of the deterrent effect of the punishment or because it has led the person being punished to a greater awareness of the need to live differently in the future. The judge, like the parent of the wayward child, punishes an offender for his or her “own good”, in order to help the offender to become a better person.

The difficulty with this worthy ambition is that the British criminal justice system finds it very difficult to cope with such complex objectives. The offender who goes to prison regards imprisonment primarily as retributive and is not convinced by arguments about their potential for rehabilitation. The victim of the original offence is likely to be confused by a series of mixed messages about how he or she is meant to benefit from the outcome of court proceedings. The public is at best ambivalent – unsure, that is, as to whether the process of justice is working or not. One of the unfortunate results of this confusion is that all parties are left dissatisfied and in a state of ambivalence about the whole system.

As we begin a new century, it may be that the time has come to review the place of punishment in society. In particular, we need to consider the extent to which any criminal justice process is used as a means of repairing the harm which has been done by one individual to another. Certainly, this process is probably best equipped to deal with extreme acts of violence or breach of trust. However, there are already a number of successful examples, both in Britain and internationally, of forms of justice in lieu of imprisonment which better meet the needs of the victim, of the offender and of society.

Date: 2016-04-22; view: 1526