ALTERNATIVES TO PRISON

TASK 1. Read the following text and write down Russian equivalents for sentences given in bold 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

I The most common penalty, fine, avoids the disadvantages of many other forms of sentence;^it is inexpensive to administerand does not normally have the side effects, such as social stigma and loss of job that may follow imprisonment. However, there are 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

С 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, but there are 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 has the funds to pay restitution are likely to be recompensed. Victims of crimes of violence in some countries — such as England and Canada — are entitled to restitution from public funds, whether or not the offender is detected or has the resources necessary to compensate him.

Probation

^v 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 the 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^ 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 gained 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 physical labour, but in others it may require such work as the provision of help to handicapped people. If 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 from 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 Ьё disqualified from holding public office, or a parent who sexually abuses his children may be deprived of parental authority over them.

It appears, however, 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. Find in the text above the English equivalents for the following words and expressions.

1. бути позбавленим водійських прав

2. бути позбавленим батьківських прав

3. мати право на відшкодування збитків

4. відповідати вимогам

5. коррумпований політик

6. насильницький злочин

7. відстрокування виконання вироку або покарання

8. стримуючий ефект

9. співробітник служби пробації

10. судовий наказ про направлення на пробацію

11. економічні санкції

12. умовне засудження

13. нагляд, надзор

14. відстроковий вирок

15. компенсація, відшкодування (3)

16. суспільні роботи

TASK 3. Match the following words on the left with the appropriate definition on the right.

Custody

Fine

Probation

Supervision

Affluent

Sustain

Restitution

Punitive

Drawback

Suspension

Discretion

Handicapped

Confine

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