8.4. JUSTICE AND PUNISHMENT

8.4. JUSTICE AND PUNISHMENT

8.4.1

Vocabulary

Fill in the blanks in the chart with the

following words:

The Justice Chart

Word Use

Use the words in the box to complete the sentences.

The … was very quiet, or was he sure of his innocence?
I am … you with attempted murder.
Call the first … . Come to the … … , please.
Members of the … , how do you find the accused? … or not guilty?
The … … and the prosecutor took their places in the courtroom.
The … of this court is that you are guilty and I therefore … you to life imprisonment.
I want to … against my sentence.

8.4.2

Practice

Fill in the blanks with the right form of the

words from the box.

One of the two accused men 1) … at yesterday’s trial. Although his lawyer 2) … him very well, he was still found 3) … by the jury. The judge 4) … him to two years in 5) … . He’ll probably 6) … after eighteen months. The other 7) … man was luckier. He 8) … and left the 9) … smiling broadly.

Word Form

Put the words in brackets into the correct form.

Nobody at the company realized that he had been (embezzle) _______ money until someone noticed some errors in the books.
The (rape) ________ admitted that he had spoken to the woman but denied that he had (rape) ________ her.
It is difficult to protect children from (abuse) ________ who are members of their own family.
The (blackmail) ________ was caught when someone recognized her handwriting.
Armed (rob) ________ is increasingly common, with criminals using shotguns and other weapons.
The (mug) ________ came up to her in the street and produced a knife.
The (murder) ________ of women tend to be their husbands (48%) whereas only 10 per cent of men (murder) ________ by their wives.
The (theft) _________ got into the gallery at night and took three Picassos.
The (assault) ________ was vicious and the victim needed 56 stitches.
The (arson) ________ who set fire to Anne Hathaway’s cottage did it because he had had a row with his girlfriend.

Activate

Divide the words from the list into three groups,

in the most logical way.

1. theft

2. witness

3. detective

4. probation

5. drunken driving

6. member of a jury

7. prison

8. hi-jacking

9. traffic warden

10. lawyer

11. judge

12. fine

13. flogging

14. death penalty

15. smuggling

16. bribery

17. community service

18. rape

8.4.3

Word Choice

Choose the most suitable word or phrase to

completeeachsentence.

1. The policemen following the robbers were in … clothes.

a. plain b. ordinary c. normal d. simple

2. At the end of the story, the hero manages to arrest the … .

a. offenders b. villains c. wrongs d. evils

3. Charles could not … having been at the scene of the crime.

a. refuse b. object c. deny d. alter

4. As there was no evidence, the judge dismissed the … .

a. trial b. witness c. court d. case

5. If your dog damages your neighbour’s property, you could be … .

a. guilty b. liable c. payable d. illegal

6. After ten years in prison, Stephen was … and set free.

a. pardoned b. released c. innocent d. forgiven

7. The detective inspector told the young … to make some tea.

a. officer b. official c. guardian d. police

Rephrase

Change each sentence beginning as shown,

so that the meaning stays the same.

1. They said that John had stolen the money.

They accused ______________________

2. Ian said that he hadn’t punched anybody.

Ian denied _________________________

3. ‘OK, Andy, you can go now,’ said the detective.

The detective gave Andy _____________

4. ‘James Frogget, you will go to prison for ten years,’ said the judge.

The judge sentenced __________________

5. ‘I forged the signature,’ said Mary.

Mary admitted ______________________

6. Harry stole £30,000 and was arrested.

Harry was arrested ___________________

7. ‘We saw the accused break into the car,’ said the witnesses.

The witnesses stated __________________

8. Graham said that he wouldn’t go to the police station.

Graham refused ______________________

9. ‘It’s true,’ said Norman, ‘I murdered Alan.’

Norman confessed to __________________

10. ‘Can you come with me, please,’ the detective said to Helen.

The detective asked ___________________

Word Form

Use the word in brackets in the right

form to complete the sentence.

Arthur’s life of crime

At his last trial, nobody believed in Arthur’s (1 – innocent). He had been accused of the (2 – thief) of a valuable Chinese vase, and was also charged with ten other (3 – offend). The value of the (4 – steal) goods was said to be over £10,000. Arthur said in his own (5 – defend) that the vase had been put into his car (6 – accident). He also pointed out that the Chinese vase was a fake, and was almost (7 – worth). The judge did not believe Arthur’s story. He told Arthur he was a hardened (8 – crime) and that he deserved a severe (9 – punish). Then the judge sentenced Arthur to five years (10 – prison). Arthur just smiled. He had spent most of his life in prison and so he was used to it.

8.4.4

Correction

The mistakes in these sentences have

been underlined for you. Suggest a

correct or better alternative.

Part A

We must be sure he receives a fair process.
They found the corps in the garden.
Many people have bought false Dali paintings.
The police examined the suspect for ten hours.
There are austere penalties for dangerous driving.
The little boy was able to make us a good description.
The famous criminals used to be held on Alcatraz.
Everyone agrees the judge’s decision was exact.
How can you test this man is guilty.
Can you acknowledge the person in this photo?
His strange behaviour raised my suspicions.
The police searched the missing boy for ten days.
Some young people disappear without track.
The police have been remarking his movements.
He has evaded from prison several times.
The sentence was ‘Not Guilty’.
Murderers aren’t often hung these days.

Part B

I saw a suspected person outside the shop.
You can’t do an accusation without proof.
It will be two weeks before the injury heals.
She received a life verdict for murder.
She was held stealing goods at a department store.
The murderer choked his victim with a stocking.
There is a big police chase for the criminal.
He was convicted to death.
I was sued and had to pay damage of £500.
We have a list of missing peoples.
These new credit cards are easy to imitate.
A lie is intended to cheat someone.
Laws are done to be broken.
The innocents were punished along with the guilty.
The affair remains unsolved.

8.4.5

Word Choice

Below there is the story of an extraordinary

case in British legal history. The affair started

in 1949 and was finally closed in 1966. Fill in

the gaps to complete the story.

trial

convicted

arrested

pardon

suspect

confessed

enquiry (x2)

innocent

judges

tried

court

sentenced

charged

plea

executed

custody

jury

appeal

apprehended

statements

guilty

execution

dropped

hunt

denied

The story began when a man called Timothy Evans was … for the murder of his wife and baby. He was … with the double murder, but a short time later one of the charges was … and he was … for the murder of his daughter only. During the … Evans accused the man whose house he had been living in, John Christie, of the crimes, but no attention was paid to him. The … found Evans … and he was … to death. An … was turned down and he was … in 1950.

Some time later, more women’s bodies were discovered in Christie’s house: two, three, four, five, six. John Christie was the police’s chief … and they started a nationwide … for him. He was soon … . Alleged … by Christie while he was in … cast doubt on the Evans hanging. When he went to … , Christie … that he had murdered Mrs Evans, but in private it was said that he … to that crime. His … of insanity with regard to other murders was rejected and he was … of killing his wife.

Soon afterwards there was an … into the … of Timothy Evans. The … decided that justice had been done and Evans had been rightly hanged. It was only in 1966 that another … was set up. This time it was decided that Evans had probably been … and he was given a free … . Better late than never, as they say.

8.4.6

Quiz

Points of law in England. Answer ‘yes’ or

‘no’ and then check your answers. Say if

the laws differ in our country.

Is it a crime to try and kill yourself?
Is it illegal to help somebody to commit suicide?
Can you be executed for murdering a policeman?
If, after a murder, all the victim’s relatives plead: ‘Please, don’t prosecute!’ can charges against the suspected culprit be dropped?
If two armed thieves break into a house, guns in hand, and one of them shoots and kills the house owner, is his accomplice guilty of murder?
If I surprise an intruder in my lounge at night stealing my millions, have I a legal right to assault him with a weapon?
If I set a trap – a fifty-kilo weight just above the front door – for any burglars who might try and enter the house, am I breaking the law?
After a divorce or legal separation, can a wife be required to pay alimony to her ex-husband?
If I promise to marry my girlfriend and then change my mind shortly before the wedding, can she take me to court?
If you said to your teacher in the middle of one of his lessons: ‘You don’t know the first thing about teaching!’ could he bring a civil action against you?
Would I be in danger of committing an offence if I put an advertisement for my school in the paper saying : ‘Male white teacher required’?
If, as a defendant (or the accused), I am not satisfied with the way my barrister has handled my defence, can I sue him?
If you were in my house – uninvited – and the ceiling, which had had a large crack in it for some time, caved in and broke your leg, would it be a good idea to consult your solicitor?
Can a person suspected of and charged with rape be allowed bail?

Answers

No, not any more.
Yes, even mercy-killing (euthanasia) is against the law.
No. Capital punishment was abolished in the 1960s.
No. Murder is a crime against society (this involves criminal law) and not just a civil matter between individuals.
Yes. Joint guilt. In the eyes of the law, both are guilty.
No – at least, only in self-defence.
Yes.
Yes.
No, not now. Some years ago she could have sued me for breach of promise.
Yes, he could claim it was slander (or libel, if you wrote it in a newspaper). He probably wouldn’t, though, because of the legal costs.
Yes, because of the Sex Discrimination Act and the Race Relations Act.
No.
Yes. You could sue me for negligence and I would probably have to pay damages.
Yes.

8.4.7

Opinion

Read through the list of punishments which are used in

various countries for different types of crime. Speak

about what sort of crimes you think they are most

appropriate for. Are there any that should never be

used?

1. solitary confinement

2. community service

3. imprisonment

4. hard labour

5. fines

f. corporal punishment

g. death penalty

h. life imprisonment

i. suspended sentence

j. probation

8.4.8

Interaction

Here is the story of a very unfortunate, irresponsible man

called Mr N.E. Body. Imagine that he was stopped by the

police at each and every point of the drama. Decide after

each piece of information you receive, what punishment

he deserves.

You might feel the death penalty is in order, or life imprisonment, even solitary confinement. You could put him on probation, give him community service or impose a fine – anything from £10 to £1,000. You might consider corporal punishment (a short, sharp shock), a short prison sentence or, of course, you could make that a suspended sentence. You might make him pay compensation, or would you like to see him banned from driving? No? Well, his licence could be endorsed. Or would you dismiss the case, find him not guilty of any crime, acquit him, find the case not proved?

Mr Body drank five pints of beer and five single whiskies in a pub, got into his car and drove away.
He did not drive dangerously but exceeded the speed limit as he wanted to catch up with a friend who had left his wallet in the pub.
As he was driving along, a little girl ran into the road and he knocked her down.
There was no way he could have stopped, drunk or sober.
The little girl suffered only bruises and superficial injuries.
Mr Body’s wife had left him two days before.
Six months later, it was clear that the little girl was to suffer from after-effects of the accident and would stutter for many years.
Mr Body had never previously received any summons for traffic offences.
The little girl admitted that it was all her fault.

10. The passenger in Mr Body’s car was killed outright as he went through the windscreen.

8.4.9

Role-play

Study the following information about

the procedure at a trial.

The prosecuting counsel makes a speech saying why the accused is guilty.
The defence counsel makes a speech saying why the accused is innocent, or at least why the prosecution cannot prove the accused’s guilt.
The prosecuting counsel puts his/her witnesses in the witness stand and gets them to tell the court what they know.
The defending counsel tries to find fault with what the witnesses have said.
The procedure is reversed: now the defending counsel puts a witness in the stand.
The defending counsel makes a closing speech to the jury saying why they should acquit the accused.
The prosecuting attorney makes a speech saying why the jury should find the accused guilty.
The jury make their decision.
The judge passes sentence or sets the accused free.

Preparation

Choose one of the roles below and then

look at your role card. It is important that

you do not look at anyone else’s card.

1. the judge

2. the defending counsel

3. the prosecuting counsel

4. the accused

5. the store detective

6. the character witness

7. the jury (12 people): it is your job to listen to the

evidence and decide whether the accused is guilty or not

C Study your role card and prepare your speech

for the trial.

STORE DETECTIVE. You saw the accused put a bottle of perfume into her bag. She then paid for some other goods before walking out into the street. When you stopped her outside the store she said ‘I didn’t realize the store had detectives otherwise I would never have done it’.

THE ACCUSED. You were shopping in a department store. You bought a number of toilet articles and, without thinking, you put a bottle of perfume into your bag and forgot about it. After leaving the shop you were stopped by the store detective. You said to him, ‘I didn’t realize that I had put the perfume in my bag. I would never have done it on purpose.’

BARRISTER: DEFENCE COUNSEL. It is your job to try and pick holes in the witness’s evidence. You will put your client in the witness box and try to get her to prove her innocence.

BARRISTER: PROSECUTING COUNSEL. It is your job to get your witness to give evidence that will convince the jury that the accused is guilty. You will also have a chance to pick holes in the evidence of the accused and the character witness. You might try to find out how and where the character witness met the accused.

CHARACTER WITNESS: You say that you have known the accused for a long time and that she is a respected member of the community. You do not want the court to find out that you actually met the accused in a police station where you were being charged being drunk and disorderly.

JUDGE: It is your job to make sure the trail runs smoothly and fairly. Don’t let things get out of hand. When all the evidence has been heard ask the jury to decide if the accused is guilty or not. If the accused is found guilty (and only if she is found guilty) you can tell the court that she has already been found guilty of three other shoplifting charges. This will help you to decide what kind of sentence to give her.

8.4.10

Opinion

Read the following extract. What doubts

does the author mean?

Kramer had reached that low point in the life of an assistant district attorney in the Bronx when he is assailed by Doubts. Every year forty thousand people, forty thousand incompetents, dimwits, alcoholics, psychopaths, knockabouts, good souls driven to some terrible terminal anger, and people who could only be described as stone evil, were arrested in the Bronx. Seven thousand of them were indicted and arraigned, and then they entered the maw of the criminal justice system – right here – through the gateway into Gibraltar, where the vans were lined up.

…Fifty judges, thirty-five law clerks, 245 assistant district attorneys, - and Christ knew how many criminal lawyers, Legal Aid lawyers, court reporters, court clerks, court officers, probation officers, social workers, bail bondsmen, special investigators, case clerks, court psychiatrists – what a vast swarm had to be fed! And every morning the chow came in, the chow and the Doubts.

8.4.11

Translation

Translate the following extracts from the same

book. Give a shortsummary of your own to

explain the situation and expand the story.

If they ran him down in traffic and shot him, they would flash real or fake ID from one federal agency or another and no one would hold them responsible for murder. They would claim that Spencer had been a fugitive, armed and dangerous, a cop killer. No doubt, they’d be able to produce a warrant for his arrest, issued after the fact, and post-dated, and they would clamp his dead hand around a drop gun that could be linked to a series of unsolved homicides. … If he stopped, the bastards would be out of their car, and all over his Explorer, bristling with more guns than a porcupine had quills.
That was merely the response of a few edgy law-enforcement officers intimidated by their quarry. It was a criminally excessive use of force, evidence of an agency out of control and arrogantly confident that it wasn’t accountable for any atrocities it committed.
Slumped in the last seat in the starboard aisle, Ellie dozed on and off for a couple of hours. In 14 months as a fugitive, she had learned to put aside her figures and worries, sleeping whenever she had a chance.
… The ruthlessness of these enemies ruled out a solution in any court of law. Faced with the choice of violence or flight, he would always choose to flee and risk a bullet in the back – at least when no life but his own was at stake. When he eventually took responsibility for this woman’s life, however, he could not expect her to turn her own back on a gun; sooner or later he would have to meet the violence of those men with violence of his own.

8.4.12

Interaction

A woman is to appear in court charged with murdering

a man who had killed her husband and baby daughter

in a drink-driving accident. The man has been allowed

to go free, with a five-year driving ban and a fine of

£250. The woman, shocked by the light punishment,

went to the man’s house and, after an argument,

shot him dead. She then went to the police and

admitted killing him.

Work in pairs. Try to think of as many reasons as possible why

the woman should be found guilty or not guilty of murder.

Decide what you think the result of the trial should be.

Then discuss your ideas with the rest of the group.

8.4.13

Story Making

A riot was caused by a controversial judgement, in which

apparently guilty man was allowed to go free. Prepare a

newspaper article with the headline ‘Court Case Sparks

Off City Riot’. Cover the following points:

- the result of the court case

- why people were angry

- the shocked reaction of the authorities

- the sudden start of the riot

- how police tried to contain the riot

- the collapse of law and order

- cases of violence and looting

- the sounds of guns firing

- the need for an investigation into the riot

8.4.14

Discussion

Express your opinion and explain your point of view.

1. What – in detail – would happen to you, if you were caught:

speeding in your car?
in possession of soft drugs?
with a gun in your pocket?
breaking into a house?

2. What kind of crimes and criminals deserve capital punishment, if any?

3. What can and must be done to prevent or reduce crime?

4. How have criminals been portrayed in films you have seen recently? Were the criminals portrayed as heroes, idiots or evil individuals?

5. What do you think is the effect of punishment on people who have committed crimes?

6. What is the most appropriate way for society to encourage good behaviour?

8.4.15

Writing

Write an essay on how you understand responsibility

and justice in cases when people behave irresponsibly

or in the criminal way.