Creative writing

W rite down a list of measures necessary to improve the present prison system.'Consider the information from the texts abova.

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D EB А ТЕ

Prisons: A Solution to Crime?

Using the vocabulary and facts from the. Unit, discuss the following:

ш Hundreds of thousands of people are imprisoned in inhumane conditions*

• Many countries with very high prison populations have very high crime rates.

« There are people who present such a danger to the community that they need to be detained.

• Prison does not deter many people from crime.

• Whilst in prison, the attitudes of minor offenders harden as they mix with those convicted of more serious crimes.

• All persons deprived of their Liberty shall be treated with humanity and with respect for the inherent dignity of the human person.

U nit 4, alternatives to prison

TASK 1. Read the following text and write down Russian equivalents for sentences given m hold type:

Prison Improvements and Alternatives

In most criminal justice systems the majority of offenders are dealt with by means other than custody — by fines and other financial penalties, by probation or supervision, or by orders to make reparation in some practical form to the community.

Fine

The most common penalty, tine, avoids the disadvantages of many other forms of sentence; it is inexpensive to administer and does not normally have the side effects, such as social stigma and loss of job that may follow imprisonment. However, there arc dangers that the imposition of financial penalties may result in more affluent offenders receiving penalties that they can easily discharge, while less affluent offenders are placed under burdens that they cannot sustain.

Restitution

Related to the fine is an order to pay restitution (in some countries termed compensation). The principle of restitution is popular in some countries as an alternative to punitive sentencing,

Chapter V. Imprisonment: Retribution or Rehabilitation? 173

but there arc some drawbacks. One is the possibility, as in the case of the fine, that the more affluent offender may receive favourable treatment from the court because he is able to pay restitution. The second drawback is that such schemes do not help all victims of crime. Only those who are the victims of crimes for which the offender is caught and convicted and rias the funds to pay restitution are likely to be recompensed Victims of crimes of violence in some countries — such as England and Canada — arc entitled to restitution from public funds, whether or not the offender is detected or has the resources necessary to compensate him.

Probation

There are many ways of dealing with offenders that do not involve the payment of money. One is probation, a system that takes many different forms in different jurisdictions. However, that essentially involves the suspension of sentence on the offender subject to thG condition that he is supervised while living in the community by a probation officer and possibly agrees to comply with such other requirements as the court may think appropriate. Usually, if the offender complies with the probation order and commits no further offence while it is in force, no other penalty is imposed If he breaks the requirement of the order or commits another offence, he can be brought back before the court and punished for the original offence as well as for the later one.

Suspended Sentence

In many American states probation is combined with a suspended sentence_t so that the sentence the offender will have to serve if he breaks the order is fixed in advance. In England the sentence is not fixed in advance, and the court has complete discretion if there is a breach of probation terms to sentence the offender for the original crime in light of his later behaviour.

Reparation

The concept of reparation has gamed in popularity in a number of jurisdictions. Under this method, the offender makes good the damage he has done through his crime, not by paying money but by providing services to the victim directly or indirectly through the community. In England this takes the form of the community service order, under which the court is empowered to order anyone who is convicted of an offence that could be punished with imprisonment to perform up to 240 hours of unpaid work for the community, usually over a period of not more than 12 months. The kind of work involved varies according to the area, the time of year, and the abilities of the offender; in some cases it may involve heavy

174 Just English. Английский для юристов

p hysical labour, but in others it may require such work as the provision of help to handicapped people. И the offender completes the hours of work ordered by the court, he receives no further penalty, but if he fails to carry out the work without reasonable excuse, he can be re-sentenced for the original offence. This method is less expensive to administer than imprisonment, less damaging to the offender and his family, and more useful to the community. There are some doubts about the extent to which the availability of community service as an alternative to prison weakens the deterrent effect of the criminal law, but there can be no doubt that community service has become an established sentencing alternative.

Disqualification

Other alternatives to prison are based on the idea of preventing an offender frum committing further offences, without necessarily confining him or her in a prison. The most familiar power of this kind is that of disqualifying an offender from driving a motor vehicle or from holding a driver's license. Other forms of disqualification may be imposed on offenders convicted of particular types of crimes: a fraudulent company director may be disqualified from being involved in the direction of a company, a corrupt politician may foe disqualified from holding public office, or a parent who sexually abuses his children may be deprived of parental authority over them.

It appears^ however_f that imprisonment will still remain the major instrument of punishment. In light of the difficulties surrounding its use, prison ideally should be employed as a last resort for those offenders who cannot be handled in any other way,

TASK 2_t Find in the text above the English equivalents for the following words and expressions:

1. быть лишенным водительских прав

2. быть лишенным родительских прав

3. иметь право на возмещение ущерба

4. соответствовать требованиям

5. коррумпированный политик

6. насильственное преступление

7. отсрочка исполнения приговора или наказания

8. сдерживающий эффект

9. сотрудник службы пробации

10. судебный приказ о направлении на пробацию

11. экономические санкции

12. условное осуждение

13. наблюдение» надзор

Chapter V. Imprisonment: Retribution or Rehabilitation? 175

14. отсроченный приговор

15. компенсация, возмещение (3)

16. общественные работы

TASK 3, Read the text below and comment on the sentence given in bold type.

Tracking Humans; The Electronic Bracelet in the Modern World

Alternatives to incarceration such overcrowding and the financial

as the use of fines, community burden of incarceration,

service, and restitution are „,, -_f , , .

products of the social movements ?^h,^{e e}.^f*^ectf ^of ""Prwnineiit on an

of the 1960s. The rationalizations "^dividual may be great. It is

of these alternatives have been ?<»»»<"• knowledge that

, _zs. ,. jj.. . , imprisonment returns a man to

cost effectiveness, efficiency and *

humaneness. The same arguments J ^_{Ыз Qnd flnanda}{ jj^

have been associated with the _{ы ы disr}^_{ptive if not}

newest community-based^sanction, _{irr bl brotcn fami] children}

"electronic monitoring . It is clear _wh ' j J _{t fm}. _th *_ir

that such an alternative may yield _no .^ _and /_gap ^ _{his ]jfe history}

these benetits. _{that is hard fQ explain when he}

The electronic monitoring system ^{seeks a} new job. In this respect,

generally requires the offender to electronic monitoring allows the

wear an electronic bracelet offender to remain at home where

around his or her ankle or wrist. ^{he or she can} continue to hold

The monitoring is usually of two employment and maintain any

typea: passive or active. The dependent children,

passive system provides for Consequently, society may

random telephone monitoring by benefit as well, since there will be

authorities in order to confirm _no additional burden placed on

that it is the specific offender who the welfare system, as would be

is present and responding. In the case if an offender with

contrast, an active system dependent family members was

provides continuous information imprisoned- as to whether an individual is

within the range, generally 150 to Violent crimes committed by

200 feet, of a transmitter located electronically monitored offenders

within their residence. This is ^{are rare}' ^{AboLlt One out of} twenty-

commonly referred to as ^five electronically monitored

continuous monitoring. offenders commit crimes, and the

vast majority of these new offences

The overriding rationale in favour are n on-violent. Moreover, these

of electronic monitoring appears figures compare favourably with

to centre on its potential to other monitoring systems,

alleviate both prison including bail and probation.

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T ASK 4. Answer the following questions:

1. What is the electronic monitoring system? What is its purpose?

2. What is the difference between passive and active monitoring?

1. What are the advantages of electronic monitoring compared with incarceration? What are its drawbacks?

TASK 5. Study the texts above (Task 1 and Task 3) and write

the advantages and disadvantages of each alternative to imprisonment. Make up your own list of prison alternatives.

TASK 6. Read the following text and answer the questions:

1. What approach characterises the Dutch punitive system?

2. What penalties do the Dutch prefer to impose on their criminals?

3. What are the prisons in Holland like?

4. What rights do prisoners enjoy in the Netherlands?

5. What is the goal oi humanitarian treatment of offenders in Holland?

The Netherlands: a Land without Prisons

Soaring crime rates and law-and-order backlash are hardly unique to the United States, but not all countries have taken the 4ock-³em~up-and-Lhrow-away-the-key' approach, Many nations, in fact, have largely shelved the punitive psychology in dealing with criminals — and none more forthrightly than Holland. The Dutch have adopted an innovative and remarkably humane system of dealing with law breakers, with the result that the Netherlands is close to becoming a land without prisons. And the policy is apparently paying dividends: crime is certainly climbing much more slowly there than in all other countries.

The Dutch hold the view that harsh treatment and get-tough attitudes only aggravate the problems that lead a person to crime. "A prison sentence does little to 'resodalise a person*, says vice-president of the Hague Court. "It more likely leads to rancour and bitterness. A mild sentence, possibly even just a fine, shows an offender that society cares about him." Because of this benevolent concept fewer and fewer people are serving time in Holland.

Whenever possible, the Dutch prefer to fine law breakers rather than clap them in jail. But even for those imprisoned, every effort is made to provide an environment that will rehabilitate the convicts. While, as one official put it, "Dutch prisons are not Hilton Hotels/' neither are they ugly fortresses full of cellblocks and harassment. Several prisons in Holland are country villas with only a handful

Chapter V, Imprisonment: Retribution or Rehabilitation? ■ 177

o f prisoner. In many institutions prisoners are allowed to wear their own clothes and keep personal possessions; they are given comfortably furnished rooms with such homey items as curtains, and they often are allowed to work outside the prison or leave from time to time to visit their families.

Moreover» Holland has an extraordinary one-to-one ratio between prisoner staff members and inmates. "Our objective," says the Deputy Prison Director, " is not to make life pleasant for prisoners, but to normalise it as much as possible to prepare the prisoners for a return to society,"

Dutch officials maintain that their philosophy of short prison sentences and humanitarian treatment is essential if convicts are not to become repeaters- "A heavy sentence," they say, ^чkeeps a person out of possible mischief longer, but it merely postpones and aggravates the problem of recidivism."

Given that kind ot success, it is not surprising that Holland's liberal penaL philosophy has won applause.

TASK 7. Explain the, meaning of the following words and expressions from the text above:

» soaring crime rates

e law-and~order backlash

e 'lock~^Jem-up-and-throw-away-the-key' approach

» to shelve the punitive psychology

« get-tough attitudes

в to resocialise a person

о benevolent concept

в homey items

» to become repeaters

TASK 8, Render the following passage into English paying special attention to the words and expressions in bold type:

Швеция прославилась своим гуманным отношением к лю­дям, преступившим закон. Особый интерес вызывают качествен­но новые подходы к решению задач борьбы с преступностью в рамках: исправительных учреждений. В основе альтернативных программ лежит идея> состоящая в том, что преступление по­рождено обществом, социальной средой, сформировавшей нару­шителя. Преступники становятся таковыми из-за жизненных невзгод, и только особо опасных преступников следует заклю­чать п тюрьму — изолировать от общества. В связи с этим в Швеции, стране с высоким уровнем жизни, совершенно иная тен-

178

Just English. Английский для

Д ШЩШ1 борьбы с преступностью: в большинстве случаев мера наказания за совершенное преступление — это не заключение под стражу, а взимание штрафов и нробацня, т.е. надзор за ус­ловно осужденными. Существуют также специальные медицин­ские учреждения, которые оказывают психологическую помощь нарушителям закона л построены так называемые 'промышлен­ные тюрьмы', где заключённые работают в цехах и мастерских