Unit 16 The Trial

In all criminal prosecution, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.

- Sixth Amendment to the U.S. Constitution

Due process of law means little to the average citizen unless and until he or she is arrested and charged with a crime. This is because many of the basic rights set out in the U.S. Constitution apply to people accused of crime. Accused people are entitled to have a jury trial, in public and without undue delay, to be informed of their rights and of the charges against them, to confront and cross-examine witnesses, to refuse to testify against themselves, and to be represented by an attorney. These rights are the essence of due process of law. Taken together, they make up the overall right to a fair trial.

The right to a jury trial is guaranteed by the Sixth Amendment to the U.S. Constitution. It is applicable in both federal and state courts. However, a jury is not required in every case. In fact, juries are not used very much. Most criminal cases are resolved by guilty pleas before ever reaching trial. Jury trials are not required for certain minor offenses - generally, those punishable by less than six months in prison. Defendants can waive (give up) their right to a jury trial; in some states, waivers may occur in the majority of cases.

Jury panels are selected from voter registration or tax lists and are supposed to be generally representative of the community. In federal courts, juries consist of 12 persons who must reach a unanimous verdict before finding a person guilty. State courts are not required to use 12 jurors required to reach a unanimous verdict. However, the U.S. Supreme Court has held that juries in state courts must have at least 6 jurors.

Recognition Vocabulary

nouns	verbs	adjectives
prosecution - преследование accused - обвиняемый trial - суд (как процесс) favor - польза assistance - помощь delay - отсрочка, задержание essence - сущность	ascertain - устанавливать (=set out) charge - обвинять cross-examine - подвергнуть перекрестному допросу confront - устроить очную ставку make up - составлять waive - отказаться (от права)	speedy - быстрый impartial - беспристрастный due - должный, правильный average - средний applicable - применимый minor - незначительный unanimous - единогласный
word-combination in criminal prosecution - в судебном преследовании to enjoy the right to ... - пользоваться правом на in one’s favor - в чью-то пользу to be charged with a crime - быть обвиняемым в преступлении (= to be accused of a crime) a guilty plea - признание вины a jury panel - состав присяжных