Task 35. Read and translate the text.

Crime and Punishment

The police are the public servants whose duty is to detect and prevent crime. If the police believe they have enough evidence to show that a person has committed a criminal offence, they will make an arrest. The accused person will be prosecuted and taken to court where there will be a trial to determine whether the person is innocent or guilty. The accused will be found guilty only if the people trying him or her are convinced beyond reasonable doubt that they committed the crime with which they are charged. The law under which the person is charged will define precisely what the prosecution must prove in order for the accused person to be convicted. For example, if somebody is charged with murder, the prosecution must prove beyond all reasonable doubt that the accused person killed the other person, and also that they intended to kill, or did not care whether their actions resulted in killing (were “reckless”). If the prosecution fails to prove the intention and shows only that the accused was very careless (“negligent”) they cannot be convicted of murder, although they might be convicted of manslaughter.

Similarly, in order for someone to be convicted of theft, it has to be proved against them beyond all reasonable doubt that they dishonestly took the property of another with the intention of permanently depriving the other of it. If it is proved that the accused merely borrowed the property and intended to return it, they should not be convicted of theft.

Thus, in general, criminal offences have two elements: a physical element (for example, the act of killing a person, or the taking of property), and a mental element (the intention to kill, or the dishonest intention permanently to deprive). The prosecution must therefore prove not only that the accused did the unlawful physical act, but also what their intention was, for it is generally considered unfair and in the United States unconstitutional, to convict someone of a criminal offence which they did not mean to commit but committed only innocently or by accident.

To be effective punishment must be acceptable to the society in which it is used. If the majority of people think it is cruel or unreasonable, they will not cooperate in bringing people to justice or support the police. Similarly it must be carried out fairly, so that the same punishment is seen to be inflicted in the same circumstances. In Japan and the USA the constitution forbids “cruel and unusual punishment.” This prevents the use of penalties much harsher than the harm caused by the crime. Punishment must be carried out quickly if it is to reform or deter. It will cease to be associated with the crime if delayed.

According to the theories of punishment there are three models of punishment – retribution, rehabilitation, and deterrence. Retribution is based on the premise that the offender is a reasonable person who freely made the decision to violate the law, so the wrongdoer should be punished in such a way that the punishment fits the crime. Rehabilitation is the notion that punishment should rehabilitate or reform the behaviour of offenders so that they will become law-abiders rather than lawbreakers. Deterrence refers both to discouraging this particular offender from further illegal acts and to deterring others from criminal activity.