TASK 4. What is your personal understanding of the following famous statements? Make a list of examples from history to illustrate these statements.

FOR

AGAINST

1. “An eye for an eye and a tooth for a tooth!” – We should admit this Biblical principle. It is eternal!...   2. “Let the punishment fit the crime.” – Those who steal should be deprived of their property,...... those who kill should be deprived of their own lives!....   3. “The pain of the penalty should outweigh only slightly the pleasure of success in crime.” J. Bentham   4.     5. “The primary purpose of the punishment which society inflicts is to redress the disorder caused by the offence.” Pope John Paul II   6.   7. “Whosoever sheds man’s blood, by man shall his blood be shed.”

1. “An eye for an eye and a tooth for a tooth!” – This is a cruel pre-Christian spirit of revenge. We are civilized now – let’s give it up and be humane!....   2. “Let the punishment fit the crime.” – We can not accept fixed punishments for crimes. Circumstances should be taken into account.   3.     4. “It is much more prudent to acquit two persons, though actually guilty, than to pass a sentence of condemnation on one that is virtuous and innocent.” Voltaire   5.   6. “An evil deed is not redeemed by an evil deed of retaliation.” C. S. King   7.

 

 

TASK 5. DISCUSSION. Using the information and facts from the Unit discuss the following:

Ø Greater public understanding of the crime problem is important for the apprehension and conviction of criminals, their rehabilitation, and the prevention of crime.

Ø Awareness by the criminal of a high probability of arrest is the most effective deterrent to crime.

Ø The emotional problems of convicts should be given special consideration.

Ø Crime stems from the breakdown of traditional social norms.

Ø Family and social control are the most effective means of crime prevention.

Ø In recent years public has demanded longer and hasher sentences for offenders.

 

 

TASK 6. Give Ukrainian equivalents for the following types of punishment.

ü Capital punishment;

ü Community service;

ü Disciplinary training in a detention centre;

ü Fixed penalty fine;

ü Life imprisonment;

ü Probation;

ü Short-term imprisonment;

ü Suspended sentence;

ü Long-term imprisonment.

 

Remember the following words and word combinations.

imprisonment	тюремне ув’язнення
primarily	в основному
confinement	позбавлення свободи, ув’язнення, взяття під варту
convicted person	засуджений
transportation	транспортація (засилати за море як вид кримінального покарання)
abolition	відміна
concern	турбота, піклування, хвилювання, занепокоєння
diminish	зменшуватися
compound	збільшувати
predominantly	головним чином
in custody	той, що утримується під вартою
previous conviction	судимість
burglary	нічна крадіжка зі зломом
robbery	грабіж з насиллям чи розбій

 

 

TEXT B. PRISONS

The idea of imprisonment as a form of punishment is relatively modern. Until the late 18th century, prisons were used primarily for the confinement of debtors who could not pay, of accused persons waiting to be tried, and of those convicted persons waiting for their sentences – death or transportation. Since the late 18th century, with the decline of capital punishment (death penalty), the prison has come to be used also as a place of punishment. With the abolition of transportation, the prison has become the principal sanction for most serious crimes. Concern over prison conditions has not diminished over the years. Problems of security and the protection of prisoners from violence on the part of other prisoners have been compounded by the difficulties arising from overcrowding, as prison populations in most countries continue to grow. The people who make up the populations of most prison systems have many characteristics in common. The populations of most prison systems are predominantly male – in England males outnumber females by 28 to 1 (although the number of women in prison is rising at a higher rate than the number of men) – and relatively young – nearly 70 percent of those in custody are under the age of 30. [To be in custody means to be kept in prison by the police until you go to court, because the police think you are guilty]. Most offenders in prison have a number of previous convictions; the offenses they have committed are most commonly burglary, theft, violence, or robbery. A similar picture is revealed by U.S. statistics; the most common offenses for which prisoners are in custody are burglary and robbery. [Burglary is the crime of getting into a building to steal things. Violence is behaviour that is intended to hurt other people physically. Robbery is the crime of stealing things from a bank, shop etc, especially using violence].

 

 

TASK 1. Answer the following questions.

1. What prisons were used primarily for until the late 18th century?

2. Why has the prison come to be used as a place of punishment?

3. When has the prison become the principal sanction for most serious crimes?

4. Speak on the problems of security in Ukrainian (American) prisons. What do you know about it?

5. Why is the number of women in prisons rising? Discuss it.

6. What do the most offenders in prison have?

7. What are the most common offenses for which prisoners are in custody?

 

 

TASK 2. Translate the following words and word combinations into English.

Тюремне ув’язнення; тюремний наглядач; той, що утримується під вартою; позбавлення свободи; засуджений; обвинувачуваний; транспортація; камера одиночного ув’язнення; вирок; боржник; судимість; нічна крадіжка зі зломом; грабіж з насиллям чи розбій; санкція; населення; в’язень совісті (заручник совісті); правопорушення; безпека; захист; насилля; продовжуватися; винний; загальна камера.

 

 

TASK 3. Agree or disagree with the following statements.

1) The idea of imprisonment as a form of punishment is old.

2) Prisons were used for the confinement of debtors who didn’t want to pay.

3) With the abolition of death penalty, the prison has come to be used as a place of punishment.

4) With the decline of transportation, the prison has become the principal sanction for most serious crimes.

5) Concern over prison conditions includes the protection of prisoners from violence on the part of warders and prisoners of conscience.

6) Concern over prison conditions includes the difficulties arising from overcrowding of mass and solitary cells.

7) Prison populations cease to grow.

8) Prison populations are predominantly female and relatively old.

 

 

TASK 4. Complete the following statements.

 

1) The idea of imprisonment as a form of punishment is...

2) Prisons were used for...

3) With the decline of death penalty, the prison has come to be...

4) With the abolition of transportation, the prison has become...

5) Concern over prison conditions includes...

6) Prison populations continue...

7) Prison populations are...

 

 

TASK 5. Study the authentic cases given below. Discuss each case in class and decide the following:

1. Was justice done?

2. If you were the judge, what other facts and circumstances would you like to know?

3. If you were the judge, would you give a different sentence?

4. Would you choose a lighter sentence, or a more severe one?

5. How would you have felt if you had been the victim of the crime?

6. How would you have felt if you had been the defendant?

Homicide

Bernard Lewis, a thirty-six-old man, while preparing dinner became involved in an argument with his drunken wife. In a fit of a rage Lewis, using the kitchen knife with which he had been preparing the meal, stabbed and killed his wife. He immediately called for assistance, and readily confessed when the first patrolman appeared on the scene with the ambulance attendant. He pleaded guilty to manslaughter. The probation department’s investigation indicated that Lewis was a rigid individual who never drank, worked regularly, and had no previous criminal record. His thirty-year-old deceased wife, and mother of three children, was a “fine girl” when sober but was frequently drunk and on a number of occasions when intoxicated had left their small children unattended. After due consideration of the background of the offence and especially of the plight of the three motherless youngsters, the judge placed Lewis on probation so that he could work, support, and take care of the children. On probation Lewis adjusted well, worked regularly, appeared to be devoted to the children, and a few years later was discharged as “improved” from probation.

 

Shop-lifting

In June 1980 Lady Isabel 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.

 

Fraud

This is an example of a civil case rather than a criminal one. A man had taken out an insurance policy of £ 100 000 on his life. The policy was due to expire at 3 o’clock on a certain day. The man was in serious financial difficulties, and at 2.30 on the expire day he consulted his solicitor. He then went out and called a taxi. He asked the driver to make a note of the time, 2.50. He then shot himself. Suicide used not to cancel an insurance policy automatically. (It does nowadays.) The company refused to pay the man’s wife, and the courts supported them.

 

TASK 6. Just for Fun

 

* * *

A man had been convicted of theft on circumstantial evidence. When the case was sent for appeal, he revealed to his lawyer that he had been in prison at the time of the crime committed. “Good Heavens, man!” said the lawyer. “Why on earth didn’t you reveal that fact at the trial?”

“Well,” said the man, “I thought it might prejudice the jury against me.”

 

* * *

First juror: “We shouldn’t be here very long. One look at those two fellows convinces me that they are guilty.”

Second juror: “Not so loud, you fool! That’s counsel for the prosecution and counsel for the defence!”

 

 

UNIT ХI

 

Probate Law