Unit 3. The jury

TASK 1. Study the text below, making sure you fully comprehend it. Where appropriate, consult English-Russian dictionaries and/or other reference & source books on law.

Jury

J ury is a body of people who are chosen to decide the truth of factual evidence in an action or legal proceeding and, on instruction of the court, to apply the law to the facts. Such a body is called a petit jury or trial jury. Traditionally, a trial jury consists of 12 people, often with one or two alternates.

From the History of Jury

The exact origin of the jury system is not known; various writers have attributed it to different European peoples who at an early period developed different methods of trial. It seems probable that the jury in England was derived directly from the Norman institution of recognition by sworn inquest, whereby 12 knights were chosen to serve as recognitors.

As early as the 12th century, it had become customary for suitors in certain cases affecting the title to real estate to apply to the King's Court for the summoning of recognitors to ascertain, either from their own knowledge or on inquiry from others, the truth of the matter at issue; the verdict of the court, if unanimous, was accepted as conclusive. It was natural that other questions of fact arising in the King's Court should be disposed of in a similar manner, and the gradual transformation of the recognitors into the jury followed as a matter of course. Originally, the jury members were not only judges of fact, but were also witnesses who were selected because of their knowledge of the customs and the people of the locality, and possibly of the suitors themselves. In the early 15th century, however, the judges of the courts of common law restricted the jury to the performance of its function as a judge of fact based on the evidence submitted in an action. This is the single function of the jury in modern practice.

Selection of a Jury in the US

In the US the selection of a jury starts when a large group of citizens is called to appear for jury duty at each term of court. They are selected according to constitutional provisions. Each state has its own qualifications for those who may serve on a jury. In general, all jurors must be US citizens, local residents, of approved integrity, and of reasonable intelligence. The group of jurors called at any one time is known as a panel. Both the state and federal courts have independent lists of jurors that are made up under the direction of officials known as commissioners of jurors. Jurors are paid, as provided by statute, for time spent serving on jury duty.

At a trial the selection of the jury is made subject to the direction of the presiding judge. The names of the prospective jurors are drawn by lot by the clerk of the court. Both the defense and the prosecution may examine the jurors to ascertain whether cause for challenge in any particular case exists—that is, whether circumstances exist that might improperly influence a juror's decisions, such as bias or self-interest. The parties to the action or their attorneys may then exercise their right to eliminate undesirable members from the jury by means of challenge.

Functions of a Jury

After a satisfactory jury has been drawn, the jury is sworn, and the trial proceeds. In general, during the progress of a trial, all questions of law are determined by the court and questions of fact by the jury.

After all the evidence has been presented, the two counsels, first for the defendant and then for the plaintiff or prosecution, “sum up,” that is, each addresses the jury, reviewing the evidence in the case and commenting on it in a manner favorable to that counsel's side of the case. The judge then makes a charge to the jury. The charge is a statement of the rules of law applicable to the evidence in that particular case. It is given in order to aid the jury in rendering a correct verdict. The jury then retires from the courtroom to begin deliberations. These deliberations continue until an agreement as to the verdict is reached, or until the presiding judge deems that the jury cannot reach an agreement. The latter case is known as a hung jury. In the event that no agreement is reached, a new trial may be called. All members of a jury must agree on a verdict, which in a civil trial may be “for the plaintiff” or “for the defendant,” and in a criminal trial “guilty” or “not guilty.” (In some states, however, the verdict in a civil trial need not be unanimous.) In a civil trial the jury is then empowered to set the amount of any damages. The verdict of a jury is decisive and cannot be disturbed unless rendered contrary to law or against the weight of evidence. In such a case the verdict may be set aside, either by the presiding judge or later on appeal.

TASK 2. Find the appropriate definitions:

ascertain	отвод (присяжным, свидетелю), давать отвод
alternate juror	устанавливать; определять; выяснять; удостоверять
summon	коллегия присяжных равного с подсудимым социального статуса
recognitor	1) созывать 2) вызывать
challenge	заместитель присяжного
jury of peers (jury of one's peers)	1) присяжный 2) лицо, дающее обязательство в суде
inquest	истец
suitors	расследование, дознание, следствие
panel	единодушный, единогласный
unanimous	список присяжных заседателей
hung jury	явиться для заседания суда присяжных
to disturb the verdict	изолировать
deliberation	коллегия присяжных, не пришедших к единому мнению
sequester	поставить вопрос о пересмотре вердикта
report of jury service	совещание, обсуждение

TASK 3. Answer the following questions:

1) What is a jury?

2) What is known about the origin of a jury?

3) What was the procedure of affecting the title to real estate in XII century?

4) Who was a predecessor of a juror?

5) How the performance of jury’s function was changed in the early 15th century?

6) What do you know about the selection of a jury in the US?

7) How does a jury work?

TASK 4. True or false (correct if the statement is false)?

1. Petit jury is a jury of 12 persons empanelled to determine the facts of a case and decide the issue pursuant to the direction of the court on points of law.

2. The jury derived from Norman institution of recognition by sworn witnesses.

3. In the early 15th century the jury members were not only judges of fact, but also witnesses or possibly the suitors themselves.

4. Panel is a list of persons summoned for jury service.

5. Jurors are not paid for time spent serving on jury duty.

6. Only the judge has the right to challenge a juror in case of his bias or self-interest.

7. All questions of law are determined by the jury.

8. After all the evidence has been presented the judge “sums up,” reviewing the evidence in the case in order to aid the jury in rendering a correct verdict.

9. Hung jury is a trial jury duly selected to make a decision in a criminal case regarding a defendant's guilt or innocence, but who are unable to reach a verdict due to a complete division in opinion.

10. The verdict of a jury is decisive and cannot be disturbed.

TASK 5. Study the text below, making sure you fully comprehend it. Where appropriate, consult English-Russian dictionaries and/or other reference & source books on law.