Task 1. Read the text and write down Russian equivalents for the words in bold type.
Punishment
Punishment describes the imposition by some authority of a deprivation– usually painful – on a person who has violated a law, a rule, or other norm. When the violation is of the criminal law of society there is a formal process of accusation and proof followed by imposition of a sentence by a designated official, usually a judge. Informally, any organized group – most typically the family, may punish perceived wrongdoers.
Because punishment is both painful and guilt producing, its application calls for a justification. In Western culture, four basic justifications have been given: retribution, deterrence, rehabilitation and incapacitation.
Most penal historians note a gradual trend over the last centuries toward more lenient sentencesin Western countries. Capital and corporal punishment, widespread in the early 19th century, are seldom invoked by contemporary society. In deed, in the United States corporal punishment as such appears to be contrary to the 8th Amendment’s restrictions on cruel and unusual punishment. Yet the rate of imprisonment in the United States appears to be growing. Furthermore, since the middle of the 20th century, popular and professional sentiment has taken a distinctly punitive turn and now tends to see retribution and incapacitation – rather than rehabilitation – as the goals of criminal punishment.
Criminal sentences ordinarily embrace four basic modes of punishment. In descending order of severity these are: 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 whose presence in modern cultures may appear to be out of place because it purposefully inflicts pain. In the minds of most people, however, it continues to find justification.
Task 2. Explain the meaning of the following words and expressions.
authority, authorities justification
community supervision rehabilitation
deterrence restitution
fine retribution
incapacitation sentence
incarceration deprivation
Task 3. The word punitive has the following meanings in Russian:
1. связанный с применением наказания
рunitive article – статья, устанавливающая уголовную санкцию
2. карательный, штрафной
рunitive action – карательная мера, карательная акция
Match the following English expressions with their Russian equivalents:
1) punitive sentencing - карательная мера
2) punitive institution - карательное воздействие
3) punitive justice - карательное правосудие
4) punitive law - карательное учреждение
5) punitive legislation - лишение свободы как кара за совершенное
преступление
6) punitive measure - уголовное законодательство
7) punitive treatment - уголовный закон
MASTER’S PROGRAMME
Lead-in
Task 1. A crime is any act, or omission of an act, in violation of a public law. There are many different crimes, or offences. How many of the offences in the box do you know? Choose four and tell a partner what you think they are. Then look up any words you don’t know in a dictionary.
| armed robbery, arson, assault, battery, bribery, burglary, domestic violence, drug trafficking, drunk driving, embezzlement, extortion, forgery, fraud, homicide, insider dealing, joyriding, kidnapping, larceny, manslaughter, money laundering, obstruction of justice, rape, shoplifting, stalking, tax evasion, theft, vandalism |
Task 2. Crimes which are typically committed by office employees and salaried professionals are known as white-collar crimes (or business/corporate crimes). Which of the crimes listed in Exercise 1 are white-collar crimes?
Reading 1: Criminal Law
Task 3. Read the text and answer these questions.
1. How do criminal law cases and civil law cases differ in the way they are initiated?
2. Name the four most common categories of criminal offence.
3. In what way is the standard of proof different for criminal and civil cases?
4. What is the difference between a felony and a misdemeanour? Does your jurisdiction make such a distinction?