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III. Punishment

3.1. Read the text on the purpose of punishment. Work in pairs to put each of the following words or phrases in its correct place. Answer the questions that follow the text.

wrongdoer deterrent law-abiding death penalty reform misdeeds humane rehabilitate barbaric retribution crime doesn’t pay corporal punishment

What is the purpose of punishment? One purpose is obviously to (a) _____ the offender, to correct the offender’s moral attitudes and anti-social behaviour and to (b) _____ him or her, which means to assist the offender to return to normal life as a useful member of the community. Punishment can also be seen as a (c) _____, because it warns other people of what will happen if they are tempted to break the law and so prevents them from doing so. However, a third purpose of punishment lies, perhaps, in society’s desire for (d) _____ which basically means revenge. In other words, don’t we feel that a (e) _____ should suffer for his (f) _____? The form of punishment should also be considered. On the one hand, some believe that we should “make the punishment fit the crime”. Those who steal from others should be deprived of their own property to ensure that criminals are left in no doubt that (g) “_____”. For those who attack others, (h) _____ should be used. Murderers should be subject to the principle “an eye for an eye and a tooth for a tooth” and automatically receive the (i) _____. On the other hand, it is said that such views are unreasonable, cruel and (j) _____ and that we should show a more (k) _____ attitude to punishment and try to understand why a person commits a crime and how society has failed to enable him to live a respectable, (l) _____ life.

  • What is the purpose of punishment according to the text?

  • Is it right that a wrongdoer should suffer for his misdeeds?

  • Is it possible to make the punishment fit the crime? How?

  • What is the essence of the principle “an eye for an eye and a tooth for a tooth”? Should it be used in punishing criminals?

  • Do you agree that we should show a more humane attitude to punishment?

3.2. Read the accounts of the seven court cases below. In each one, the sentence imposed by the judge has been blanked out. Working in groups, say what you think the sentence should have been. There is no need to try and replace the exact words. Just say what sentence should have been imposed.

Work in pairs to answer the questions that follow each text.

The sentences imposed were as follows:

– five years’ youth custody

– ten years’ imprisonment

– eighteen months’ imprisonment

– a fine of £110

– four years’ imprisonment

– ten years’ imprisonment

– a nine-month suspended jail sentence

******* for Mob leader

TERRY LAST, the ringleader of the Chelsea Mob who planned violence at Britain's football grounds was ****** today.

His Honour Judge Shindler described 24-year-old solicitor's clerk Last as a man who “glorified and revelled in violence” and who had a “perverted lust for violence”. The judge, who lists watching soccer as a hobby in his Who's Who entry, said Last and his gang of four other Chelsea fans had brought terror to the terraces forcing ordinary fans to stay away.

Attack

Judge Shindler, who follows Crystal Palace, sentenced Last, of Bow, East London to ****** for conspiring to fight at Britain's soccer grounds and ****** for taking part in an attack on Everton fans in Liverpool in December, 1985.

  • What does Terry Last do for a living?

  • How old is he?

  • What is his favourite soccer team?

  • Is he an ordinary fan?

  • How can Terry Last be characterized?

  • What are his offences? How many accomplices does he have?

  • What is the sentence imposed by the judge?

  • For some people the pleasure of competition for its own sake has been replaced by pure aggression. Sport is therefore an outlet for energies that they can’t use up constructively elsewhere. Have you or your friends ever been confronted with football hooliganism? What measures are taken by football officials to prevent acts of vandalism?

Former judge sentenced over driving offences

A 61-YEAR-OLD former High Court judge, who gave a false name when stopped for speeding while disqualified, pleaded guilty yesterday to attempting to pervert the course of justice. The disgrace of former judge Vivian Price, of Redwall Farmhouse, Linton, Kent, was chronicled in Maidstone Crown Court as he ******.

His counsel Mr George Carman, QC, said that for a former deputy High Court judge to “plead guilty to a charge of trying to pervert the course of justice is a unique situation as far as I know in the courts of this country”. He added that “the law has often reserved its most severe punishment for those in positions of public eminence. Great privilege carries with it great responsibility”.

Miss Heather Hallett, prosecuting, said Price gave his correct date of birth when stopped for speeding but the name of a member of his family. He continued the deceit by pressurising a member of his family to take the blame. He had been disqualified for drink-driving the same year.

The first offence took place on the Canterbury by-pass where he was stopped after driving at 98 mph. He was later stopped again doing 50 mph at Coxheath, near Maidstone, in a 30 mph limit.

For attempting to pervert the course of justice he was sentenced to ****** for driving while disqualified the first time. For the second driving offence, he was sentenced to ******. He was also banned from driving for ******.

  • What is the social position of the offender?

  • What is unique in this case?

  • What are the judge’s offences?

  • What is the sentence for each of them?

  • Comment on the statement: “Great privilege carries with it great responsibility”.

    Driver ******

    A drink-driver who killed a man while fleeing from police was ****** at Birmingham Crown Court. It was the second conviction involving drinking and driving in five months for Shabir Sabar, 30, who ran down Stanley Crofts, 51.

  • Do you think Shabir Sabar admitted causing death by DWI? (driving while intoxicated)

Night intruder ******

A JILTED lover smashed his way into his ex-girlfriend's home and said, after grabbing her throat: “I could kill you. No-one knows I am here”, a court heard on Monday.

Jobless David Jones, formerly of Bedwyn Walk, Aylesbury, appeared at Aylesbury Magistrates Court only three days before his 22nd birthday and admitted assault occasioning actual bodily harm, and criminal damage.

The court ****** Jones ******, and ordered him to pay £32 compensation for the window and £30 towards costs.

  • What offence did David Jones confess to?

  • Were there any extenuating circumstances which could mitigate the sentence?

Double rapist

A MAN who raped a 25-year-old bank clerk less than a month after being bailed for a similar offence was ****** at Birmingham Crown Court yesterday ******.

Steven Wilson, aged 25, of Coventry, met the woman in a night club in Coventry last New Year's Eve. Four weeks earlier he had committed a similar rape on a girl aged 20, whom he also met in a night club.

  • Prove that Steven Wilson is a recidivist.

  • Do you agree that the judge should make an example of him and give him the maximum possible sentence in order to discourage similar offences?

    How Erica put drug dealer behind bars

    DRUG dealer Anthony Dorrington has been ******* after he was trapped by a police operation code-named “Erica”.

    Throughout the summer weeks of last year crack drug squad officers from Herts mounted a secret surveillance operation on Dorrington's flat.

    They logged down all the visitors before mounting a raid on the premises in Abbey View, Garston. Dorrington, 35, and flatmate Neil Hornsby, 27, were both arrested after officers found unknown substances, syringes and needles.

    It turned out the pair had been dealing in heroin.

  • What is “Erica”?

  • How long did crack drug squad offices keep the premises in Abbey View under surveillance because of suspected illegal drug activity?

  • What drugs were found during a police raid?

  • What were the stages of a secret operation mounted by the police to trap drug dealers?

****** for boy who killed a school bully

SIMON LUNDIE, 17, suffered years of hell at the hands of a school bully. Finally he snapped – and stabbed his tormentor to death. “This was a wicked and terrible thing you did,” Mr Justice Alliott told Simon today at the Old Bailey. He accepted that Lundie had been provoked but had decided that such outrageous behaviour demanded stern punishment. Lundie's mother wept as he was sentenced to ******.

The boy he stabbed was 17-year-old Robert Tucker, whose parents silently watched as Lundie was taken to the cells.

Mr Timothy Langdale, prosecuting, said Tucker bullied and threatened Lundie. “Every day for 18 months he forced him to hand over his dinner money of 75p”. Tucker constantly telephoned Lundie at home – sometimes five times in a day. “He carried on threatening him and making even greater demands for money” said counsel. “Lundie was very nervous and frightened of the other boy”.

Two weeks before his death Tucker ordered Lundie to have a fight with one of his cronies. Lundie was reluctant, but there was a minor scuffle involving Tucker as well. When arrested Lundie told detectives: “It is a long story. This has been going on for years. I could not take any more”.

Lundie, of Rochford Avenue, Waltham Abbey, pleaded not guilty to murder but admitted manslaughter. His plea was accepted.

  • What was the victim like?

  • Simon Lundie attacked and killed Robert Tucker because the latter provoked him into a state of rage. Was he right to take the law into his own hands?

  • Wasn’t Lundie treated unduly harshly?

  • Did he plead guilty to murder?