Criminal law - Государство и право шпаргалка

The purpose of state punishment. Procedure of criminal case. The aim of punishment. Theories of Punishment. The Difficult Child. Last hired, first fired. The Health Professions. Traditional Collector's Editions. Hospital and Specialist Services.


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The amount of offensive material we are exposed to in films nowadays is surely excessive. Most people accept that scenes of sex and violence are sometimes necessary to tell a story, but all too often these scenes are gratuitous, they are unnecessary in the film to appeal to the baser human instincts.
Censorship is the suppression of speech or other public communication which may be considered objectionable, harmful, sensitive, or inconvenient as determined by a government, media outlet, or other controlling body. It is the supervision and control body of the information and ideas that are circulated among the people within a society.
It can be done by governments and private organizations or by individuals who engage in self-censorship (Self-censorship is often practiced by film producers, film directors, publishers, news anchors, journalists, musicians, and other kinds of authors). It occurs for a variety of reasons including national security, to control obscenity, child pornography, and hate speech, to protect children, to promote or restrict political or religious views, to prevent slander and libel, and to protect intellectual property. It may or may not be legal. Many countries provide strong protections against censorship by law, but none of these protections are absolute and it is frequently necessary to balance conflicting rights in order to determine what can and cannot be censored.
Censorship is necessary, especially to protect children from the corrupting influence of such scenes, often masquerading as art, in our cinemas.
On other hand, there are those who say that something which is banned becomes desirable, so censorship is counter-productive and that censorship infringes on our freedom of choice. However, freedom is not merely freedom to do what we want but freedom from attempts to destroy society's moral. Censorship provides the safeguards by which society protects itself.
Both democratic and non-democratic countries use censorship. With the explosion of communication technology, it has become all-pervasive. There is a dispute as to whether censorship is good or bad. Pros of Censorship
· Censorship of pornographic material prevents the corrupting of the children.
· Scenes of people consuming alcohol or smoking influence people to copy them. Hence censoring such scenes serves a useful purpose.
· People may copy dangerous stunts shown on TV or movies. Censorship proves necessary here.
· It can be used to prevent politically motivated propaganda.
· It protects the privacy of people.
· Abusive scenes in movies may offend some people. Censorship prevents that.
· It protects indigenous cultures from the bad influence of foreign cultures.
· It prevents the public display of disrespect to any particular individual or community.
· It promotes political correctness.
· Children are prevented from learning things that could harm them and others.
· It shields the morals of society.
· It restrains vulgarity and obscenity.
· The surfeit of violence in movies and TV is restricted by it.
· If sex-related topics are completely censored it becomes difficult to teach children and teenagers about the dangers of HIV/AIDS.
· Freedom of speech is compromised.
· It prevents the free flow of ideas.
· It may intrude on the privacy of a person.
· Withholding of information only leads to ignorance in the society.
· Censoring of information may lead to a wrong image perceived by the public.
· It is generally associated with dictatorship.
· Censorship has been misused in the past.
· It is a force against globalization.
· If you hide something from people they will become extra curious about it.
· It has no place in a truly democratic society.
· It gives rise to and hides human rights abuses.
· There can be different standards of morals among different societies quite different from the imposed ones by the censorship.
· Governments should not control people. It should be the other way round.
· Individuals have different tastes.
Used properly, censorship serves as a valuable tool. However, it can also be easily misused. Governments and other regulatory institutions must learn to use it judiciously. Children and TV
There have been more than 2,300 studies and reports on the effects of television on American society. Most of them show that these effects are mainly negative. Researchers have been especially concerned about children. In the past decade, researchers have had children participate in numerous studies. They had children watch television intensively for three weeks. The results showed a drop in the children's creativity. The researchers concluded that television makes the children lose some of their creativity.
Teachers can't get children to pay attention for any length of time because today's children want everything to be as fast and entertaining as TV. Dr Benjamin Spock, an expert in child raising, once complained that he couldn't get his grandchildren to leave the TV set when he wanted to take them to the zoo. Some of today's children are so addicted to TV that nothing else interests them. Parents have to make them turn off the TV and go out to play or read a book. They can't get them to do these traditional childhood activities without having an argument over the TV.
Although most of these studies have shown the negative effects of television, some sociologists argue that television has become a part of our lives. They do not think that parents should make their children limit the amount of TV that they watch to one or two hours a day. They believe that parents should let their children decide for themselves what and how much they want to watch.
Although most studies show the negative effects of television, there are also some important positive influences. There are many excellent educational programs, especially for children. Some schools have children watch certain programs in the classroom. They often get them to watch worthwhile programs at home by encouraging them to discuss what they have seen the next day in class. "Sesame Street" is a program that is watched by millions of children around the world. It uses bright colors, fast timing, and humour in order to get children to pay attention. It makes children enjoy learning about the alphabet, reading, and numbers.
Television also exposes children to different people and places. A little girl who had never seen a ballet before watched a famous ballerina on TV. This program got her to decide to become a ballerina herself. TV also increases young people's understanding of other people's views of life. Many people feel that "Roots", a program on the history of black people in the United States, is an example of this. Because viewers of this program became emotionally involved with the characters, "Roots" got some people to think more compassionately about the difficulties of black people in the United States.
· TV units the family by keeping it at home
· TV broads people's horizons by introducing them to new ideas and activities, new people, places, views of life.
· TV is one of the chief architects of prosperity
· Participate in different shows (quiz, talk, sport), become famous, win some money
· Buy some products ( furniture, accessories, dishes, sport equipment) with the help of adverts
· TV makes risk of TV bringing a sense of unreality into all our lives
· It drops children's creativity (research)
· Children stop doing traditional childhood activities
· Children may repeat dangerous tricks, which they watch on TV
· TV causes more friction in family life that leads to quarrels, misunderstandings
· TV teaches how to rob, shoot, poison, how to grow up into an outlaw or gangster
What is the purpose of punishment? One purpose is obviously to rehabilitate the offender, to correct the offender's moral attitudes and anti-social behaviour and to reform him or her, which means to assist the offender to return to normal life as a useful member of the community. Punishment can also be seen as a deterrent because it warns other people of what will happen if they are tempted to break the law and so prevents them from doing so.
However, a third purpose of punishment lies, perhaps, in society's desire for retribution, which basically means revenge. In other words, don't feel like that a wrongdoer should suffer from his misdeeds? The form of punishment should also be considered. On the one hand, some believe that we should “make the punishment fit the crime”. Those who steal from others should be deprived of their own property to ensure that criminals are left in no doubt that crime doesn't pay. For those who attack others, corporal punishment should be used. Murderers should be subject to the principle “an eye for an eye and a tooth for a tooth” and automatically receive the death penalty. On the other hand, it is said that such views are unreasonable, cruel and barbaric and that we should show a more humane attitude to punishment and try to understand why a person commits a crime and how society has failed to enable him to live a respectable, law-abiding life.
The courts are the overseers of the law. They administer it, they resolve disputes under it, and they ensure that it is and remains equal to and impartial for everyone.
In the United States each state is served by the separate court systems, state and federal. Both systems are organized into three basic levels of courts -- trial courts, intermediate courts of appeal and a high court, or Supreme Court. The state courts are concerned essentially with cases arising under state law, and the federal courts with cases arising under federal law.
Trial courts bear the main burden in the administration of justice. Cases begin there and in most instances are finally resolved there. The trial courts in each state include: common pleas courts, which have general civil and criminal jurisdiction and smaller in importance municipal courts, county courts and mayors' courts.
The common pleas court is the most important of the trial courts. It is the court of general jurisdiction -- almost any civil or criminal case, serious or minor, may first be brought there. In criminal matters, the common pleas courts have exclusive jurisdiction over felonies (a felony is a serious crime for which the penalty is a penitentiary term or death). In civil matters it has exclusive jurisdiction in probate, domestic relations and juvenile matters. The probate division deals with wills and the administration of estates, adoptions, guardianships. It grants marriage licenses to perform marriages. The domestic division deals with divorce, alimony, child custody. The juvenile division has jurisdiction over delinquent, unruly or neglected children and over adults, who neglect, abuse or contribute to the delinquency of children. When a juvenile (any person under 18) is accused of an offence, whether serious, or minor, the juvenile division has exclusive jurisdiction over the case.
The main job of courts of appeal is to review cases appealed from trial courts to determine if the law was correctly interpreted and applied.
The supreme court of each state is primarily a court of appeal and the court of last resort.
The federal court structure is similar to the structure of the state court system. The trial courts in the federal system are the United States district courts. The United States courts of appeal are intermediate courts of appeal between the district courts and the United States Supreme Court.
The US Supreme Court is the highest court in the nation and the court of last resort. It consists of a chief justice and eight associate justices, all of whom are appointed for life by the President with the Advice and Consent of the Senate. The duty of the Supreme Court is to decide whether laws passed by Congress agree with the Constitution. The great legal issues facing the Supreme Court at present are Government involvement with religion, abortion and privacy rights, race and sex discrimination.
A criminal case begins when a person goes to court and files a complaint that another person has committed an offence. This is followed by issuing either an arrest want or a summons. A criminal case is started when an indictment (обвинительный акт) is returned by a grand jury before anything else happens in the case. Indictments most often are felony accusations against persons, who have been arrested and referred to the rand jury. After an accused is indicted, he is brought into court and is told the nature of the charge against him can plead guilty, which is the admission that he committed crime and can be sentenced without a trial. He can plead guilty and be tried.
As a general rule the parties to civil suits and defendant criminal cases are entitled to "trial by jury of 12 jurors. But a jury is not provided unless it is demanded in writing in advance of the trial; in this case a civil or a criminal case is judge alone, greater criminal cases are tried to a three-judge panel.
In trial by the jury the attorneys for each party make their opening statements. The prosecution presents its evidence based on the criminal investigation of the case.
The attorney for the defence pleads the case of the accused, examines his witnesses and cross-examines the witnesses for the prosecution. Both, the prosecution and the defence, try to convince the jury. When all the evidence is in, the attorneys make their closing arguments to the jury with the prosecutor going first. Both attorneys try to show the evidence in the most favourable light for their sides. But if one of them uses improper material in his final argument the opponent may object, the objection may be ruled out by the judge who will instruct the jury to disregard what was said or may be sustained. After this the judge proceeds to instruct the jury on its duty and the jury retires to the jury room to consider the verdict. In civil cases at least three-fourths of the jurors must agree on the verdict. In a criminal case there must not be any reasonable doubt as to the guilt of the accused, the verdict must be unanimous.
The next stage is for the judge to decide, in case of a verdict of guilty, what sentence to impose on the convict. Pros and Cons of capital punishment
Nowadays not only are the methods different but more importantly not everyone agrees that capital punishment should be used. People are divided into two distinct groups; those for and those against. This is because this issue is black and white; there is no grey area.
In the USA, 85% of the population over the age of 21 approve of the death penalty. In the many states which still have the death penalty, some use the electric chair, which can take up to 20 minutes to kill, while others use gas or lethal injections.
The pro-Hanging lobby uses four main arguments to support its call for the reintroduction of capital punishment. First there is the deterrence (сдерживающая) theory, which argues that potential murderers would think twice before committing the act if they knew that they might die if they were caught.
The idea of retribution demands that criminals should get what they deserve: if a murderer intentionally sets out to commit was the case a crime, he should accept the Consequences. Retribution, which is just another word for revenge, supported by the religious doctrine of an eye for an eye and a tooth for a tooth.
The next argument in favour of bringing back capital punishment concerns public security. If the death penalty were reinstated, it would mean that a convicted murderer could not be set free after serving 20 years or less of a life sentence and be able to go on to murder again. . SO reduction should only be available for murder and serious violent crimes.
The last main pro-hanging argument is the most cold-blooded, it is that it makes economic sense to hang convicted murderers rather than keep them in prison wasting taxpayers' money.
The arguments against the death penalty are largely humanitarian. But there are also statistical reasons for opposing it: the deterrence figures do not add up. In Britain, 1903 was the record year for executions and yet in 1904 the number of homicides actually rose. If the deterrence theory were correct, the rate should have fallen.
The other reasons to oppose the death penalty are largely a matter of individual conscience and belief. One is that murder is murder and that the state has no more right to take a life than the individual. The other is that Christianity preaches forgiveness, not revenge. There have been 14 attempts to bring back hanging since its abolition in Britain.
The main argument against reintroducing capital punishment is that innocent people are sometimes wrongly convicted, and while people can be released from prison, they cannot be brought back from the dead if they have been hanged.
Criminals are punished judicially, by fines, corporal(телесные)punishment or custodial (опекунский )sentences such as prison; detainees risk further punishments for breaches of internal rules.
What are four function of penalties for crimes?
Of course it depends on the crime committed and the criminal who committed it. But the ideal is to help and/or rehabilitate, especially if the offender is young. Then punishing the guilty proves an unpleasant consequence for lawbreakers. To act as a deterrent for future criminal behaviour, the offender as well as society. And finally, justice. Society demands justice, where justice fails anarchy is not far behind.
Punishments authorized in modern law include community service, monetary fines, Forfeiture of property, restitution to victims, confinement in jail or prison, and death.
Some civil sanctions are punitive (карательные) in nature. The primary aim, though, in most civil cases is to compensate the victim. However, a judge or jury may assess Punitive Damages against a party in a civil case if that party's conduct was especially wicked. Punitive damages are intended to punish a party or set an example for similar wrongdoers. Though onerous (тягостные), punitive damages in a civil case do not carry with them the same stigma attached to criminal punishment.
Human transgressions have been punished in various ways throughout history. The standard punishments in ancient Greek and Roman societies were death, Slavery, mutilation(телесное наказание)(Corporal Punishment), imprisonment, or Banishment(изгнание). Some punishments were especially creative. In ancient Rome, for example, a person who murdered a close relative was enclosed in a sack with a cock, a viper, a dog, and a monkey, and then cast into the sea.
Governments have several theories to support the use of punishment to maintain order in society.
Theories of punishment can be divided into two general philosophies: utilitarian and retributive(прагматик и карательный). The utilitarian theory of punishment seeks to punish offenders to discourage, or "deter," future wrongdoing. The retributive theory seeks to punish offenders because they deserve to be punished.
Nowadays our streets are full of juvenile delinquents. The bangs with such offenders are too dangerous. They drink alcohol, smoke cigarettes and different narcotic drugs. They use unprintable language. But there are too serious offenders in the streets, who commit crimes. They could be burglars, muggers, robbers. But what are the reasons of such behavior? First of all, the family of such children influence on them. The family should keep an eye on the development of their child. The child must get the education. It is necessary to involve a child to some hobby group. So, the first reason of the development juvenile delinquents is the lack of parental supervision. Such children don't know, what softness, kindness and love is, they could be maltreated children. So they injure and harm other people. Certainly, parents must know friends of their child. Because a great influence upon children exert the environment. A weak-willed child can get into a bang of offender peers, who are interested only in alcohol, cigarettes and robbery. More over a great influence upon juvenile delinquents exert the state, especially economy. Many young people can't keep a family, because of lack of job and money. So, often children of young parents are found in the streets. Mass media should be mentioned too. Every person could notice how much programs with murders, drug and alcohol addiction, robbery are on the TV. Such offences are not more hidden of the children. They see murders in details. And only parents can control the programs their children watch. Juvenile Offenders
a) Youth gangs have been a part of Los Angeles since the fifties. Back then their activities were largely confined to petty crimes and small-scale marijuana dealing. But lately the numbers of gangs have become staggering totalling from about 5,000 members lo 10,000. Almpst all the gangs are involved in the cocaine trade. "A typical gang might have 200 kids from 13 to 26 years of age," says Steven Strong, the L.A. Police department's detective. "Two weeks ago 30-year-old David Thompson and his wife were stopped by three armed teenagers, who rushed the couple, robbed them and then casually shot Thompson in the head. The gang members pushed the dying man's wife out of the car, got in and drove away."
b) Every night -- and in many areas day and night, thousands of police cars patrol the streets of American towns. The list of crimes starts with petty crimes, goes through house-breaking, shoplifting, mug0ng to be topped by homicide. Entire neighbourhoods are terrorized by mobsters and thugs, many of them are quite young.
c) Just think about how teenagers run away from homes, their own, from caring as it seems mothers, fathers, grandmothers. Why do they choose to look and act aggressive and tough? Take rockers who startle passers-by by the flashing lights of their roaring night motorbikes. Why do they, with their high-school background, have such a lack of thoughtful-ness? Self-assertion? Then why at other people's expense? An eye for an eye
Capital punishment has been used throughout history, although its methods and the crimes for which it is used have changed over the centuries.
In the USA, 85% of the population over the age of 21 approve of the death penalty. In the many states which still have the death penalty, some use the electric chair, which can take up to 20 minutes to kill, while others use gas or lethal injections.
Nowadays not only are the methods different but more importantly not everyone agrees that capital punishment should be used. People are divided into two distinct groups; those for and those against. This is because this issue is black and white; there is no grey area.
The first of these was the case of Ruth Ellis, who was hanged for shooting her lover in what was generally regarded as a crime of passion. The second was the posthumous pardon of Timothy Evans, hanged for murders which, it was later proved, had been committed by someone else.
By contrast, in Britain, public opinion started to turn against the use of capital punishment after the Second World War. A number of well-publicised cases in the fifties, two in particular, helped to bring about this swing.
The pro-hanging lobby uses four main arguments to support its call for the reintroduction of capital punishment. First there is the deterrence theory which argues that potential murderers would think twice before committing the act if they knew that they might die if they were caught. The armed bank robber might, likewise, go back to being unarmed.
As a consequence, juries were unwilling to convict. This brought about gradual reduction in the use of the death penalty until finally it was decided that it should only be available for murder and serious violent crimes.
The other two arguments are more suspect. The idea of retribution demands that criminals should get what they deserve: if a murderer intentionally sets out to commit a crime, he should accept the consequences. Retribution, which just another word tor revenge, supported by the religious doctrine of an eye for an eye and a tooth for a tooth.
The next argument in favour of bringing back capital punishment concerns public security. If the death penalty were reinstated, it would mean that a convicted murderer could not be set free after serving 20 years or less of a life sentence and be able to go on to murder again. Consequently, the general public would be safer.
The arguments against the death penalty are largely humanitarian. But there are also statistical reasons for opposing it: the deterrence figures do not add up. In Britain, 1903 was the record, year for executions and yet in 1904 the number of homicides actually rose. There was a similar occurrence in 1946 and 1947. If the deterrence theory were correct, the rate should have fallen.
The fourth and last main pro-hanging argument is the most cold-blooded. It is that it makes economic sense to hang convicted murderers rather than keep them in prison wasting taxpayers' money.
The other reasons to oppose the death penalty are largely a matter of individual conscience and belief. One is that murder is murder and that the state has no more right to take a life than the individual. The other is that Christianity preaches forgiveness, not revenge.
The second main argument against reintroducing capital punishment is that innocent people are sometimes wrongly convicted, and while people can be released from prison, they cannot be brought back from the dead if they have been hanged.
deterrence theory Bible teaches forgiveness, not revenge
wasting of taxpayers money deterrence theory doesn't work sometimes (they think it won't happened to me)
he should accept the consequences the state has no more right to take a life than the individual
The difficult child is the child who is unhappy. He is at war with himself, and in consequence, he is at war with the world. A difficult child is nearly always made difficult by wrong treatment at home. He is prone to obey authority, fearful of criticism, and almost fanatical in his desire to be conventional and correct.
The usual argument against freedom for children is this: life is hard, and we must train the children so that they will fit into life later on. We must therefore discipline them. If we allow them to do what they like, how will they ever be able to serve under a boss? How will they ever be able to exercise self-discipline?
To impose(навязывать) anything by authority is wrong. Obedience must come from within -- not be imposed from without.
The problem child is the child who is pressured into obedience (повиновение) and persuaded(убеждать) through fear.
Fear must be entirely eliminated -- fear of adults, fear of punishment, fear of disapproval. Only hate can flourish in the atmosphere of fear.
The happiest homes are those in which the parents are frankly honest with their children without moralizing. Fear does not enter these homes. Father and son are pals(дружбаны). Love can thrive(процветать). In other homes love is crushed by fear. Compelled(вынужденное) respect always implies fear.
The happiness and well-being of children depend on a degree of love and approval we give them. We must be on the child's side. Being on the side of the child just behave to the child in such a way the child feels you love him and approve of him.
Home plays many parts in the life of the growing child, it is the natural source of affection, the place where he can live with the sense of security; it educates him in all sorts of ways, provides him with his opportunities of recreation, it affects his status in society.
Children need affection. Child study has enabled us to see how necessary affection is in ensuring proper emotional development. When the home is a loveless one, the children are impersonal and even hostile.
Adolescence children become more independent of their parents. They go on loving their parents deeply underneath, but they don't show it on the surface. They develop a stronger sense of responsibility about matters that they think are important.
Nowadays educators and physicians would give parents more encouragement in their inclination to guide children away from violence of any kind, from violence of gun-play and from violence on screen.
The world famous Dr. Benjamin Spock has this to say in the new edition of his book for parents about child care:
"… Some children can only partly distinguish between dramas and reality. I believe that parents should flatly forbid programs that go in for violence. I also believe that parents should firmly stop children's war-play or any other kind of play that degenerates into deliberate cruelty or meanness. One can't be permissive about such things. To me it seems very clear that we should bring up the next generation with a greater respect for law and for other people's rights." Girls are turning to violent crime
The girls commit more than one in four of all juvenile crimes and are becoming increasingly involved in violence, according to a Government study.
In 1957, girls accounted for only one crime in 11. This striking change was highlighted in a report commissioned by the Health Department into anti-social behaviour in adolescents. It shows that the criminal activities of so-called girl gangs - that attract publicity because they are thought to be unusual - are in fact part of a worsening trend.
Over the past 10 years, the number of arrests of girls for violence has more than doubled and juvenile crime is increasing at a faster rate among girls than boys. This is said to be almost entirely the result of cultural changes of the post-war period - particularly family breakdown - that are evident across the western world.
In the past, girls were effectively supervised and were less likely to be exposed to anti-social influences.
Parents are less likely to supervise daughters as they once did. Young girls are spending increasing amounts of time at school. Also, where once a 13-year-old would sit i
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