.


:




:

































 

 

 

 


Making the punishment fit the crime

The Legal System in the United States

The legal system in the United States is similar in many ways to the English system. One of the main differences is the existence of the United States Constitution which is interpreted by the highest court, the Supreme Court. The nine Supreme Court judges are appointed by the President and approved by the Senate. They can only be removed from office by impeachment.

Federal judges are appointed for life by the President. They deal with federal law, which applies to the country as a whole, and with important case involving citizens from different states. State judges hear cases involving the law of a particular state. They hold office for ten years and are usually elected or confirm in office by election.

The number of people who make up a jury varies from state to state, but efforts are made to ensure that they represent a fair cross-section of society. Both the defense and the prosecution are allowed to reject a certain number of jury candidates. The defendant in criminal case has the right to be tried by a jury, and many civil cases are heard by a jury. The task of the jury is to decide whether the defendant is innocent or guilty.

The attorneys represent clients in court. They have been trained at law schools and are licensed to practice only in certain states. If they wish to practice in a different state they may have to take another exam. The prosecution attorney is appointed by the District Attorney to prosecute the defendant. The defense attorney will be provided by the Public Defenders Office cannot afford to engage his own lawyer. The prosecution may agree to charge the defendant with a less serious offence if he or she agrees to plead guilty. This is known as plea bargaining.

:

. - , - . , . .

, . , , , . ; .

, , , , , . . , . , , .

. . , , . . , . , . .

Alternatives to Prison

What sort of sentence can you receive if you are found guilt? The English System gives the magistrate or the judge a lot of freedom in deciding on the sentence depending on exact circumstances of the crime and criminal.

The lightest sentence possible is community service. This means that you do unpaid work for a fixed number of hours (between 40 and 240) on jobs such as painting hospital buildings or gardening for elderly people.

You can be put on probation for a certain period of time. You have to visit your probation officer every week and keep out of trouble. There can be other conditions, for example, you have to accept treatment for drug addiction.

You may have to pay a fine. For smaller things like driving offences, the fines are usually fixed amounts of money-perhaps 40 pounds for perking in a wrong place. But fines can be used for serious crimes if prison is not appropriate for example, when a company breaks the law. Then the fine depends on ability to pay: rich people or organizations sometimes pay millions of pounds.

The standard punishment for serious offences is prison. You will probably go to prison if you commit burglary, robbery, battery, rape or murder. For criminals between the age of 15 and 20 there are special young offenders institutions.

Many people feel that criminal should go to prison but it is far from the perfect answer to the problem. When prisoners are released, they often carry on their lives of crime: in fact, they meet other criminals inside, get ideas from them and make useful contacts. A useful alterative to prison sentence is a suspended sentence. You remain free for a certain period of time and if you behave well, you will never serve your sentence. But if you commit another crime in the fixed period you suspended sentence is added to your new one.


 

:

, ? , .

- . , ( 40 240) , , , .

. , . , , .

, , . , - 40 , , . , , . : .

- . , , , , , . 15 20 .

, , . , : , , . - . , . , .

Making the punishment fit the crime

When Michelle Murray was arrested for abandoning some kittens in a forest, she expected to get a fine or a short prison sentence. Instead she was sentenced to spend the night in the same cold, dark forest. In the end it was so cold that she only had to spend three hours in the woods, but Judge Mike Cicconetti had made his point. He wanted the 26-year-old Ohio housewife to feel the same pain and suffering as the animals she had abandoned, many of which later died.

1. Judge Cicconettis unusual ruling was just the latest example of his unique brand of creative justice which has won him national acclaim. He was elected unopposed to serve another six years in Like County, Ohio last month, and this year won the presidency of the American Judges Association.

2. Cicconetti allows offenders to choose between jail, and an alternative, creative sentence. For example, people accused of speeding are offered a choice between having their licence suspended for 90 days, or having it suspended for a shorter period and spending one day working as a school crossing guard. The judge says that offenders who spend a day helping school children across the street never appear in his courtroom for speeding again.

3. The judge also sent a man who was caught with a loaded gun to the mortuary to view dead bodies and ordered teenagers who let down tyres on school buses to organize a picnic for primary school children. He has ordered noisy neighbours to spend a day of silence in the woods, or to listen to classical music instead of rock.

4. Cicconetti attributes his unusual approach to his tough family background. He was the oldest of nine children and had to work part-time collecting rubbish to pay his way through college. He studied law at night school. I didnt go to a prestigious law firm, he says, I had to get to where I am the hard way. It makes you understand what the working man has to go through, and why some of them commit crimes. I want to give people a positive lesson, not a negative one.

5. A drawer in his cramped office in the Painesville Municipal Courthouse is full of thank-you letters from both victims and criminals. Some people will say that my punishments are cruel or unusual, the judge said. OK, its a little bit of embarrassment and humiliation. But when you have people fulfilling these sentences, you are doing it for them and the victims and the community. And above all, I can remember only two people who have been sentenced to alternative punishments and who have reoffended.

 



<== | ==>
Months - from end of August 2017 to end of July 2018 | 
:


: 2017-02-11; !; : 1340 |


:

:

, .
==> ...

1765 - | 1631 -


© 2015-2024 lektsii.org - -

: 0.014 .