Text 7 criminal trial

Exercise 7.1 Study the vocabulary:

1) felony charges	1) обвинувачення у скоєнні тяжкого злочину
2) to select by lot or chance	2) обирати жеребом або випадково
3) circumstantial evidence	3) непрямий доказ
4) closing arguments	4) заключні дебати сторін
5) applicable points of law	5) застосовані питання права
6) favorable evidence	6) докази на користь
7) petit jury	7) мале журі, суд присяжних
8) trial	8) судовий розгляд, слухання справи
9) plead not guilty	9) не визнавати себе винним
10) bench trial	10) суд без участі присяжних
11) opening statement	11) вступна промова
12) physical evidence	12) речові докази
13) testimonial evidence	13) свідчення свідка
14) witness	14) свідок
15) defense counsel	15) захисник
16) cross-examination	16) перехресний допит
17) redirect examination	17) допит свідка стороною, що його виставила, після перехресного допиту
18) case-in-chief	18) версія, висунута стороною під час допиту викликаних нею свідків
recess	19) перерва в засіданні
mistrial	20) судовий процес, у ході якого допущені порушення закону
acquit	21) виправдовувати (за судом) ; виносити виправдувальний вирок; звільняти (від відповідальності)
termination of the trial	22) завершення судового розгляду

Exercise 7.2 Read and translate the text:

The USA’s common law heritage makes it possible for all the state to follow in criminal trials a uniform set of procedures. They have developed over centuries.

It is the function of the trial court to find and express the judgment, under law as to the guilt or innocence of an accused person. Defendants who plead not guilty to felony charges can opt for either a jury or a bench trial. In most cases, a defendant chooses to stand trial before a judge sitting alone. It is called a bench trial.

If he chooses a jury trial the first step is the jury selection (which is called the petit jury). Jury members are ordinary selected by lot or chance, from a master list of persons in the community where the trial will take place.

After a jury has been seated, the trial begins with an opening statement by a prosecutor, which is an attempt to tell the jury what crime the defendant is charged with. The defense may then make its own opening statement.

Next the prosecutor presents his or her evidence against the defendant – physical evidence such as fingerprints; testimonial evidence of witnesses or experts; eyewitness evidence; and any circumstantial evidence. This is done by calling witnesses and questioning them (direct examination).

After each witness for the prosecution has testified, defense counsel may carry out a cross-examination in order to test the truth of what each witness says. The prosecution then is allowed to question the witnesses again on redirect examination in order to give the witnesses an opportunity to clarify any issues raised in the cross examination.

At the next stage (defense case-in-chief) the defendant through his attorney introduces witness or other evidence that favor the defendant’s claim of being not guilty. The defense may begin with opening statements. Then all the defense witnesses are examined and cross-examined. There may be some further witnesses called by both sides.

At this point a recess is taken in the proceeding to allow the judge to prepare instructions to the jury, and the attorneys of both prosecution and defense prepare their closing arguments. In their closing arguments, the two opposing lawyers present a summary of their case to the jury, emphasizing the evidence that is most favorable to their side.

After the closing statements the judge instructs the jury in the applicable points of the law, in the nature and meaning of evidence they have seen or heard. Then the jury retires to a private room to deliberate the guilt or innocence of the accused. If the agreement is reached, they return to the courtroom where their decision will be announced.

The defendant is asked to stand to hear the verdict of the jury. The judge is then to determine the sentence. If the jury cannot reach a verdict the judge declares a mistrial. If this happens, the defendant may be tried for the same offense again before a different jury. If the defendant is found not guilty by the jury he is acquitted. If the verdict is guilty the defense council brings out those facts which should be considered by the court before the sentence is announced by the judge.

In a case tried before a judge sitting alone, the decision of the judge constitutes a termination of the trial.

Exercise 7.3 Read the statements. Are they true or false? Correct the false ones.

1. All the USA’s states follow invariable set of procedures in criminal trial.

2. A bench trial is a trial with judge sitting with petit jury.

3. Jury members are professional lawyers.

4. The trial begins with the opening statement by the defence.

5. A cross-examination is carried out when there is a need to test the truth of what each witness says.

6. The defendant leaves the courtroom when the jury announces the verdict.

7. The jury determines the sentence.

8. If the defendant is found innocent by the jury he is acquitted.

Exercise 7.4 Find the odd word out:

1. Defendant – convict – accused – prosecutor;

2. Defendant – defense counsel – prosecutor – judge – law;

3. Evidence – witness – experts – not guilty;

4. Indictment – verdict – sentence – arrest.

Exercise 7.5 Match the beginning of the sentence with its ending:

1. The function of a trial court is	a) the judge is to determine the sentence.
2. After the opening statements by the prosecutor	b) to determine the guilt or innocence of the accused person.
3. Cross examination includes	c) summarize the case to the jury
4. In closing arguments the two opposing lawyers	d) questioning the defendant/witnesses by the opposing party.
5. After the verdict is announced	e) he presents evidence against the defendant

Exercise 7.6 Insert one of the following words into the text about presumption of innocence in an appropriate way:

innocent, to acquit, guilt, the prosecution, a reasonable doubt, standards

In criminal cases, the defendant is presumed 1) ____ until 2) ____ proves each element of the crime beyond a reasonable doubt. Thus, the law requires the jury 3) ____ the defendant unless it is convinced of the defendant’s guilt beyond 4) _____. The jury in a criminal case may not convict on a finding that the defendant’s 5) ____ is more likely than not. On the other hand, the law does not require absolute certainty. The standard for determining guilt is somewhere in between these two 6) ____ of proof.

Exercise 7.7 Put each of the following words and phrases into its correct place in the passage below:

accused court judge legislature panel trial

acquit cross-examination jurors list sentence witnesses

civil suits fault jury money swear

counsel guilty legal disputes officer testimony

Trial by Jury

A jury is a selected group of laymen that hears the 1) _____ in 2) ____ and decides the facts. A courtroom trial in which a 3) _____ decides the fact is called a 4) ____ by jury.

Before each 5) _____ term, a jury commissioner or another public 6) _____ prepares a panel, or large initial 7) ____ of qualified jurors. For each trial, 8) _____ are selected by lot from this 9) _____.

Before the trial begins, the jurors 10) ____ to decide the facts fairly. They hear the 11) ____ given by witnesses for both sides, including 12) ____. Then 13) _____ for each side sum up, or summarize the case, and the 14) ______ explains the applicable law in his instructions to the jury.

In 15) ____ for financial damages, the jury must decide who is at 16) _____ and must determine the amount of 17) _____ to be paid. In criminal cases, the jury must decide whether or not the 18) _____ is guilty “beyond a reasonable doubt”, and then either return a verdict of guilty, or 19) ____ the defendant by a verdict of not guilty. If the verdict is 20) _____ the judge imposes the 21) _____ or punishment, within limits that have been fixed by the 22) ____.

Exercise 7.8 Choose the right answer:

1. Those acting for the defendant propose to appeal ____ the sentence.

1. against b) for c) out d) to

2. The accused man was able to prove his innocence at the trial and was ____.

1. absolved b) acquitted c) forgiven d) pardoned

3. The community was angered by the ____ punishment given their friend.

1. august b) austere c) severe d) vigorous

4. Mr Tipsy was ____ twenty pounds for drinking and driving.

1. charged b) fined c) ordered d) penalized

5. The ringleader was lucky to get ____ a suspended sentence.

1. away b) off with c) through d) through to

6. As it was first offence, the judge gave her a ____ sentence.

1. kind b) lenient c) severe d)tolerant

7. The woman ___ for her husband’s life when he was found guilty of murder.

1. bid b) debated c) disputed d) pleaded