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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: Relributicn or Rehabilitation? 173

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 — 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 tin nnt 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


174 Just English. Английский для юристов

physical labour, but in others it may require such work as the provision of help to handicapped people H 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 dnubt that community service has become an established sentencing alternative.

Disquaiifi cation

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 be 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. быть лишенным водительских прав

2. быть лишенным родительских прав

3. иметь право на возмещение ущерба

4. соответствовать требованиям

5. коррумпировавный политик

6. насильственное преступление

7. отсрочка исполнения.приговора или наказания

8. одерживающий эффект

9. сотрудник службы пробации

 

10. судебный приказ о направлении на иробацшо

11. экономические санкции

12. условное осуждение

13. наблюдение* надзор


Chapter V. Imprisonment: Retribution ол 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 as the use of fines, community service, and restitution are products of the social movements of the 1960s. The rationalizations of these alternatives have been cost effectiveness, efficiency and humaneness. The same arguments have been associated with the newest community-based sanction, "electronic monitoring'1. It is clear that such an alternative may yield these benefits,

The electronic monitoring system generally requires the offender to wear an electronic bracelet around his or her ankle or wrist. The monitoring is usually of two types: passive or active. The passive system provides for random telephone monitoring by authorities in order to confirm that it is the specific offender who is present and responding. In contrast, an active system provides continuous information as to whether an individual is within the range, generally 150 to 200 feet, of a transmitter located within their residence. This is commonly referred to as continuous monitoring.

The overriding rationale in favour
of electronic monitoring appears
to centre on its potential to
alleviate both prison


overcrowding and the financial burden of incarceration,

The effects of imprisonment on an
individual may be great. It is
common knowledge that

imprisonment returns a man to society with a scarred psyche, unpaid debts and financial losses, a highly disruptive if not irreparably broken family, children who lose respect for their parent, no job, and a gap in his life history that is hard to explain when he seeks a new job. In this respect, electronic monitoring allows the offender to remain at home where he or she can continue to hold employment and maintain any dependent children.

Consequently, society may benefit as well, since there will be no additional burden p]aced on the welfare system, as would be the case if an offender with dependent family members was imprisoned-

Violent crimes committed by electronically monitored offenders are rare. About one out of twenty-five electronically monitored effenders commit crimes, and the vast majority of these new offences are non-violent. Moreover, these figures compare favourably with other monitoring systems, including bail and probation-


176 Just English. Английский для юристов

TASK 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?

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

TASK 5. Study the texts above (Task 1 and Tank 3} and write down 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 of humanitarian treatment of offenders in Holland?







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