Тема 18:TypesofCrimes.

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Текст №1: Capital Punishment: For and Against. EnglishforLawyers: навчальний посібник / Кафедра мовознавства. – Хмельницький: ХУУП, 2011. – С.286-287.

Завдання до тексту №1: Capital Punishment: For and Against. EnglishforLawyers: навчальний посібник / Кафедра мовознавства. – Хмельницький: ХУУП, 2011. – С.286-287.

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Who's The Criminal?

Broward Circuit Judge Mark Speiser has twice jailed women who filed sexual assault charges for refusing to testify against the alleged assailants. Judge Speiser defends his actions, saying that one instance was a mistake by the correctional staff and in the other case the woman lied in court. In June, 1989, a 22-year-old woman spent 6 days in jail because she did not want to testify in court against the stranger who allegedly kidnapped and raped her. When she did not show up for court hearings, Speiser issued a warrant for her detention. Jailers, following orders, kept her in custody when she was brought to the Broward County Jail. The judge contends that he intended her to be brought to his courtroom, but there was a mix-up.

A 27-year-old woman had a similar experience. She filed charges against a former boyfriend and another man for rape and kidnapping but later said it was a domestic dispute. Despite her signing a "waiver of prosecution," police felt the assault had occurred and pursued the case. The assistant state attorney agreed. At the bail hearing, the victim testified on behalf of the accused. Judge Speiser ordered her jailed. Prosecutor Tim Donnelly opposed sending her to jail. How­ever, Judge Speiser later explained that he "wanted her to think about this right then and there, to reflect upon the trauma of that incident and tell the truth. The problem from the state's vantage point was that after she came in and lied under oath, their case was shot. If, in fact, the rape didn't occur, and she lied, I wanted her to remember this experience in court."

The terrified victim was taken away in handcuffs to spend the night in jail. The next day she again appeared before the judge. She admitted lying because she was afraid of the assailants' families who were in the courtroom. The men in the second case eventually received 1-year suspended sentences for attempted rape. A description of the outcome of the first case can be found in Chapter 10, THE JURY DECIDES ON A RAPE CASE.

Should judges have the authority to jail victims who do not want to testify? Should victims be required to press charges in rape cases? Should victims be required to press charges against people with whom they have an ongoing relationship?