Закончите следующие предложения в соответствии с текстом

1. In a primitive society punishment … .

2. Gradually there arose the idea of proportionate punishment … .

3. In medieval Europe the guilt or innocence of the accused … .

4. With the passage of time the attitude of society towards … .

5. Furthermore in 1969 the death penalty for murder … .

6. The progress of civilization has resulted in… .

7. The favoured type of punishment was … .

8. The result of the humanitarian movement was … .

9. Later law breakers were considered … . 10. Justification of punishment aims at … .

Types of Punishment

Vocabulary

1. to refrain from — воздерживаться от чего-либо, удерживаться от чего-либо

2. to submit t to — одчиняться

3. to take into account — принять во внимание

4. the prior criminal record — предыдущая судимость

5. deliberate infliction of pain — умышленное причинение боли

There are several kinds of punishment available to the courts. Crimes are punished according to their seriousness. More serious crimes are given harsher penalties. In declaring a sentence a judge may take into account the following: prior criminal record, the age of the offender and other circumstances surrounding the crime, including cooperation with law enforcement officers, the amount of loss to victims, whether a weapon was used in the crime, the age or helplessness of the victims.

Punishment may include:

— a fine

— term of imprisonment (time in jail or prison)

— probation or parole

— community service

For criminal offences FINES are often used when the offence is not a very serious one and when the offender has not been in trouble before

For more serious crimes the usual punishment is IMPRISONMENT. The length of sentences varies from a few days to a lifetime. However, a life sentence may allow the prisoner to be released after a suitably long period if a parole board agrees that his detention no longer serves a purpose. In some countries, such as the Netherlands, living conditions in prison are fairly good because it is believed that deprivation of liberty is punishment in itself and should not be so harsh that it reduces the possibility of the criminal reeducating and reforming himself. In other countries, conditions are very bad. Perhaps because of an increase in crime or because of more and longer sentences of imprisonment, some prison cells have to accommodate far more people than they were built to hold. Britain and the United States are trying to solve the shortage of space by allowing private companies to open prisons.

PROBATION is the suspension of jail time. An offender on probation is ordered to follow certain conditions set forth by the court, often under the supervision of a probation officer. Offenders are ordinarily required to refrain from subsequent possession of firearms, and may be ordered to remain employed, live at a directed place, obey the orders of the probation officer. Offenders on probation might be fitted with an electronic tag (or monitor), which signals their whereabouts to officials. Also, offenders have been ordered to submit to repeated alcohol/drug testing or to participate in alcohol/drug or psychological treatment, or to perform community service work.

PAROLE is the supervised release of prisoners before the completion of their sentence in prison. They may be returned to prison if they violate the conditions of their parole. Conditions of parole often include things such as obeying the law, avoiding contact with the parolee’s victims, obtaining employment, and maintaining required contacts with a parole officer.

Parole should not be confused with probation, as parole is serving the remainder of a sentence outside of prison, where probation is given instead of a prison sentence and as such, tends to place more rigid obligations upon the individual serving the term.

e individual serving the term. CORPORAL PUNISHMENT is a form of physical punishment that involves the deliberate infliction of pain as retribution for an offence, or for the purpose of disciplining or reforming a wrongdoer. This kind of punishment is still employed in Malaysia, Singapore, Pakistan, Zambia and Zimbabwe. Courts may sentence offenders to be caned or whipped. As well as corporal punishment, some Islamic countries such as Saudi Arabia and Iran use other kinds of physical penalties such as amputation or mutilation

COMMUNITY SERVICE requires the offender to do a certain amount of unpaid work usually for a social institution such as a hospital

RESTRICTING FREEDOM in the form of house arrest as a new alternative type of punishment in the Russian Federation has now been adopted in connection with coming into force of new provisions in the Criminal and Criminal Correctional Codes.

Прочитайте и переведите текст. Ответьте на вопросы.

1. What does punishment for a crime depend on?

2. What kinds of punishment do you know?

3. What does a judge take into account in declaring a sentence?

4. In what cases are fines used for criminal offences?

5. How does the length of sentences vary?

6. In what way are Britain and the USA trying to solve the shortage of space in prisons?

7. What is the main idea of probation?

8. What is a parole?

9. What does community service require?

The British Police

Vocabulary

1.to prosecute — преследовать в судебном порядке

2. to have judicial functions — иметь (выполнять) судебные функции

3. to deter — удерживать от чего-либо deterrent — сдерживающий фактор

4. abuse of power — злоупотребление служебным положением

5. the Metropolitan Police — Столичная полиця

6. to supervise the investigation — осущеcтвлять надзор за расследо- ванием

7. forensic science — судебная експертиза

The police have many functions in the legal process. As well as gathering information for offences to be prosecuted in the courts the police have wide powers to arrest, search and question people suspected of crimes and to control the actions of members of the public during public demonstrations and meetings. In some countries the police have judicial functions; for example, they may take a decision as to guilt in a driving offence and impose a fine without the involvement of a court.

The mere presence of the police is a factor in deterring people from committing offences. A just legal system needs an independent, honest police force. In countries where the public trusts the police force people are more likely to report crimes, and it seems that they are also more likely to be law-abiding.

Police powers are great and they are given to the police as part of their overall responsibility to enforce the law but they are all governed by the law and are subject to strict control by rules and regulations. For example, a British police officer is subject to the law and may be sued or prosecuted for any wrongful act committed in carrying out duties. Legislation and the code of practice in England are designed to prevent any abuse of power enjoyed by the police officer. In 1985 The Police Complaints Authority was established to supervise the investigation of any serious complaint against the police officer

The police in Britain are organized very differently from any other country. Most countries have a national police force which is controlled by central Government. Britain has no national police force although the police is supervised by the central Government’s Home Office. There is a separate police force for each of 52 areas into which the country is divided. Each has a police authority — a committee of local county councilors and magistrates. The policing of London is in the hands of the Metropolitan Police Force with headquarters at New Scotland Yard. The forces co-operate with each other but it is unusual for members of one force to operate in another’s area unless they are asked to give assistance.

One of the important powers of the police which has caused much difficulty and controversy is the power to question or interview persons suspected of crime. The Police and Criminal Evidence Act 1984 provides numerous laws to protect people in England who are being interviewed by the police.

All members of the British police must gain a certain level of academic qualifications at school and undergo a period of intensive training. The career structure in the British police force allows to be promoted from constable to sergeant, then through inspector and superintendant to chief constable. In London the Head of the Force is called the Metropolitan Commissioner. He heads the force which now has more than 25,000 police officers — one-fifth of all the officers in England and Wales. The police are helped by a number of special constables — members of the public who work for the police voluntarily for a few hours a week. Women make up about 10 per cent of the police force

In most countries the police carry guns. The British police generally do not carry firearms, except in Northern Ireland. In certain circumstances specially trained police officers can be armed, for instance, those who guard politicians and diplomats or who patrol airports but only with the signed permission of a magistrate.

The police now use advanced modern equipment. This ranges from motorbikes and squad cars to helicopters. It includes the most advanced surveillance aids and access to the Police National Computer and the facilities of the Forensic Science Service. This service runs highly sophisticated laboratories where forensic scientists carry out the scientific examination of exhibits.

Ever since the first police force in England was founded, the police have come under criticism — for denying civil liberties, for failing to catch criminals or for catching the wrong people. These cases which have resulted in serious injustice have had a profound effect upon the whole criminal justice system and, of course, the police and the manner in which they carry out their duties. They have also resulted in very significant changes in the law.

Прочитайте и переведите текст. Ответьте на вопросы.

1. What are the functions of the British police?

2. What is the Сode of Practice designed for?

3. How are the British police organized?

4. Are women allowed to serve in the police forces?

5. Why is it important for the police to work in close contact with the public?

What Is a Tort?

Vocabulary

1. to inflict — причинять ущерб, вред, наносить удар

2. to injure — причинять вред, нарушать права, оскорбить, обидеть

3. to restrain — ограничивать, запрещать

4. to fail to do — smth/not to do smth — не исполнять

5. failure — неисполнение, неудача, неблагоприятный исход

6. damage — ущерб, убытки

7. damages — компенсация ущерба

8. fraudulent misrepresentation — намеренное введение в заблужде- ние

9. liability/responsibility — ответственность

10. expected losses — ожидаемые убытки

11. defective products — недоброкачественные продукты

Generally speaking, a “tort” is an injury one person or entity inflicts (accidentally or intentionally) upon another. When one person commits a tort upon another, the injured person is entitled to remedies under the law. Generally, these remedies can include monetary compensation and restraining orders. The person who brings the lawsuit is called the “plaintiff,” and the person who is sued is called the “defendant.” The area of tort law is often referred to as “personal injury” law. Most torts involve, in some part, the doctrine of “negligence.” The concept of negligence can generally be describes as (i) the failure of one person to act in a way we would expect that person to do under the circumstances and (ii) an injury which results from that failure.

A tort is a civil wrong that can be remedied by awarding damages (other remedies may also be available). These civil wrongs result in harm to a person or property that forms the basis of a claim by the injured party. The harm can be physical, emotional or financial. Examples of torts include medical negligence, negligent damage to private property and negligent misstatements causing financial loss. There are many specific torts, such as trespass, assault and negligence

Business torts include fraudulent misrepresentation, interference in contractual relations and unfair business practices. Torts fall into three general categories: intentional torts (e.g. unfair competition), negligent torts (e.g. causing an accident by failing to obey traffic rules) and strict liability torts (e.g. liability for making and selling defective products). Why some wrongs are dealt with by tort law (or the law of torts) and others considered criminal offences is the subject of some debate. However, there are certainly overlaps between tort law and criminal law. For example, a defendant can be liable to compensate for assault and battery in tort and also be punished for the criminal law offence of assault.

Differences between tort law and criminal law include: the parties involved (the state brings an action in crime, a private individual brings an action in tort); the standard of proof (higher in criminal law); and the outcomes (a criminal action may result in a conviction and punishment, whereas an action in tort may result in liability on the part of the defendant and damages awarded to the claimant).

The primary aims of tort law are to provide relief for the harm suffered and deter other potential tort feasors from committing the same harms. The injured person may sue for both an injunction to stop the tortious conduct and for monetary damages. Depending on the jurisdiction, the damages awarded will be either compensatory or punitive. Compensatory damages are intended to put the victim in the position he or she would have been in had the tort not occurred. Punitive damages are awarded to punish a wrongdoer. As well as compensation for damage to property, damages may also be awarded for: loss of earnings capacity, future expected losses, pain and suffering and reasonable medical expenses.