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Файл:Практический английский язык для юристов = Practical English for Law Students. В 2 частях. Ч. 2. Учебное пособие
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Suspect 1 — The Disgruntled Artist: Whose work was not featured
in the gallery and was seen arguing with the curator.
Suspect 2 — The Tech-Savvy Teen: Known for hanging around the
gallery and showing an unusual interest in the security system.
Witness — The Security Guard: Claims to have seen someone near
the painting just before the lights went out.
Objective: Discover how the painting was stolen and who is respon-
sible for the art gallery intrigue.
Reading 3
41. Before reading Text 1C about the jury system in UK, answer
the following questions.
1. What is a jury? 2. Is jury system adopted in the Russian Federation? 3. Who is eligible to be a jury member? 4. If given the chance, would
you like to be the member of a jury? Why? Why not? 5. Is there any legal
way to get out of it? 6. What happens if you avoid or forget the summons
and just don’t show up?
42. Read Text 1C and identify the peculiarities of the jury system
in the UK.
TEXT 1 C. The Jury System in UK
Introduction.
The jury is considered as fundamental part of the English legal system, although only a minority of the cases is tried by the jury in these days.
It plays a vital role in ensuring that the criminal justice system works for
the benefit of the public rather than for the benefit of unjust leaders. It promotes not only a healthy criminal justice system but also a healthy society,
where political leaders cannot abuse criminal justice system to silence their
opponents. Currently, the role of the English jury is almost entirely limited
to the more serious criminal cases, but juries occasionally sit in civil trials
as well.
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The Function of the Jury.
The function of the jury is to weigh up the evidence and to decide
what the true facts of the case are or what actually happened. The judge
gives the direction to the jury on the relevant law, which the jury has to
apply to the facts of the case in order to reach a verdict. If it is a criminal
case and the jury has given a verdict of guilty, then the judge will decide
on appropriate sentence. In civil cases, juries’ function is to decide on how
much money should be awarded in damages.
The Jury in Criminal Cases.
Although juries are very important in the criminal justice system,
they actually deal only in a minority of the cases. Jury can try a case in the
Crown Court. The majority of the criminal cases are summary1 only because they are least serious. As a result, 95 % of the cases are heard in the
magistrates’ courts, where the juries have no role. Out of the remaining 5 %
of the cases are heard in the Crown Court. In the majority of the cases the
defendant pleads guilty, so there is no need of a jury or the judge directs
the jury that law demands that they acquit the defendant. As a result, the
juries actually decide only around 1 % of criminal cases. But on the other
hand, this 1 % amounts to 30,000 trials and these are the most serious ones
come before the court.
The Jury in Civil Cases.
The use of jury in civil cases is now almost obsolete2. The Supreme
Court Act 1981 gives a qualified right to jury trial in the following four
cases only: libel and slander3, malicious prosecution4, false imprisonment5
and fraud. In these cases, jury trial is to be granted unless the court is of the
opinion that the trial requires any prolonged examination of documents or
accounts, or any scientific or local investigation which cannot be made by
the jury. In all other cases the right to jury trial is at the discretion of
the court.
The Judge’s Discretion to Discharge6 the Jury.
The 1974 Act empowers a judge to discharge a person from jury service, when there are doubts about his/her capacity to act as juror, because
of language difficulties or a physical disability. A judge may discharge
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a person who is unsuitable for jury services because of illiteracy or who
might be the subject of challenge for cause. For example, a person may be
disqualified because of the reason that he is taken ill or it has become apparent that he may be biased. There is no system of alternate juror7 in England and Wales to take the place of discharged juror, but the trial can continue as long as the jury does not fall below nine in number. Exceptionally
a judge may discharge the entire jury if the jury appears unable to reach
a fair verdict.
Jury Verdict.
Ideally the verdict of the juries must be unanimous. However, if the
jury have failed to reach a unanimous verdict after what the judge considers reasonable period of deliberation (not less than two hours), the judge
can direct them that they may reach a majority verdict of ten to two. The
foreman of the jury must state in open court the number of jurors agreeing
and disagreeing with the verdict.
Notes to the text:
1) summary (зд.) — в порядке упрощенного судопроизводства
2) obsolete — устаревший
3) slander — оскорбление
4) malicious prosecution — судебное преследование в законной
форме, но без основательной причины
5) false imprisonment — неправомерное лишение свободы
6) to discharge (зд.) — прекратить действия, полномочия
7) alternate juror — присяжный заседатель запасного состава
Look at exercise 41 again. After reading Text 1C, do you agree
with your initial answers? How has your opinion of the jury trial
changed?
43. Answer the questions using Text 1C.
1. Why is the jury considered as fundamental part of the English legal system? 2. How does the judge govern the jury during the case? 3. Why
do juries deal only in a minority of the cases despite their major role in the
criminal justice system? 4. Is the jury trial allowed in the civil justice sys-
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tem? How? In what cases? 5. What categories of people can and cannot
serve as a juror? 6. Why may a judge discharge a person from the jury service? 7. How does the communication between judge and jury take place?
What are its limits? 8. Do you agree that there is no satisfactory alternative
to a lay jury? Explain your answer. 9. In England the jury is regarded as
the ‘bulwark of individual liberties’. Does our Russian society consider the
jury in the similar way? Explain your answer.
Vocabulary drilling 3
44. Match the words and word combinations with their meanings.
1.
try a case
a.
to give someone official authority or the
freedom to do something
2.
illiteracy
b.
a part of a group that hears evidence in a trial
and gives a verdict
3.
to plead guilty
c.
lack of knowledge in a particular subject
4.
to weigh
up the evidence
d.
the power of a judge, public official or private
party to act according to the dictates of their
own judgment and conscience within
general legal principles
5.
at the discretion
of a court
e.
a sum of money claimed or awarded
in compensation for a loss or an injury
6.
to give
a verdict
f.
the believability or persuasiveness of evidence
in terms of its probative value, not the
quantity or amount
7.
to empower
g.
to conduct the trial
8.
to act
as a juror
h.
unfairly prejudiced for or against
someone or something
9.
damage
i.
you admit you committed the crime
10.
to be biased
k.
to say what opinion or decision you have
made after judging the facts, especially at the
end of a trial
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45. Complete the sentences using the words / word combinations
from exercise 44.
1. It's criminal ______ to property if she thought she was just destroying her car. 2. It is expected that the judge ______ in the end of the
trail 3. The defendant is calling for a full investigation, and his upholders
should welcome any opportunity for the experts ______ carefully. 4. The
results of the policy review cannot and should ______. 5. Disabled people
can serve on a jury, although their right to serve can be challenged if they
are not capable of ______ effectively ______. 6. Hearing a witness without a party present or through a technical means is always ______. 7. Morocco had adopted a national strategy aimed at eliminating poverty, developing education, fighting ______ and improving the physical and social
well-being of the whole population. 8. It's difficult enough ______ when
the victim doesn't want to press charges. 9. My lawyer says that if I can't
remember what happened that night, I've got ______. 10. The program will
therefore provide funding for technological measures which meet the
needs of users and which ______ them to limit the amount of unwanted
and harmful content which they receive.
46*. Complete the sentences by opening the brackets. Retell
the text.
Serving on a Jury
Serving on a jury is normally 1. ______ (обязательный) for individuals who are qualified for jury service. A jury is intended to be an impartial panel capable of reaching a verdict. Procedures and requirements may
include a fluent understanding of the language and the opportunity to test
jurors' neutrality or otherwise exclude 2. ______ (присяжные) who are per-
ceived as likely to be less than neutral or partial to one side. Juries are initially chosen randomly, usually from the eligible population of adult citizens residing in the court's jurisdictional area.
A head juror is called the foreperson, foreman or presiding juror. The
foreperson may be chosen before the 3. ______ (судебное разбиратель-
ство) begins, or at the beginning of the jury's deliberations. The foreperson
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may be selected by the 4. ______ (судья) or by vote of the jurors, depending on the jurisdiction. The foreperson's role may include asking questions
(usually to the judge) on behalf of the jury, facilitating jury discussions,
and announcing the verdict of the jury.
The petit jury or trial jury sometimes hears the 5. ______ (доказа-
тельства) in a trial as presented by both the 6. ______ (истец) and the
7. ______ (ответчик). After hearing the evidence and jury instructions
from the judge, the group retires for deliberation, to consider a verdict. The
majority required for a verdict varies. In some cases, it must be unanimous,
while in other jurisdictions it may be a majority or supermajority. A jury
that is unable to come to a verdict is referred to as a hung jury. The size of
the jury varies; in criminal cases involving serious 8. ______ (тяжкие пре-
ступления) there are usually 12 jurors.
A grand jury, a type of jury now confined almost exclusively to federal courts and some state jurisdictions in the United States, determines
whether there is enough evidence for a criminal trial to go forward. Grand
juries carry out this duty by examining evidence presented to them by
a 9. ______ (прокурор) and issuing 10. ______ (обвинительные заклю-
чения), or by investigating alleged crimes and issuing presentments.
A grand jury is traditionally larger than and distinguishable from the petit
jury used during a trial, usually with 12 jurors. It is not required that
a 11. ______ (подозреваемый) be notified of grand jury proceedings. Grand
juries can also be used for filing charges in the form of a sealed indictment
against unaware suspects who are arrested later by a surprise police visit.
Speaking 3
47. Answer the questions about the jury by choosing the best op-
tion. Explain your choice.
1. Which does not qualify one to become a jury?
a) being bias b) being fair c) being educated
2. How are the members of the jury chosen?
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a) by a
unanimous
vote
b) through their
credentials
c) by an
indiscriminate
choice
3. What is the other name for the members of the jury?
a) jurors b) judges c) respondents
4. What does the jury usually do before coming up with a verdict?
a) talk to the judge about their choices
b) vote according to their preferences
c) convene and discuss all sides of the case
5. Who makes the petition for a case?
a) the defendant b) the plaintiff c) the judge
6. How many heads does a jury consist of?
a) more than 12 b) exactly 12 c) more or less than 12
48. Discuss the opposing opinions in pairs. Share the results
of your discussion with the whole group. The questions below may
help you.
Some people believe that lay jury may not have the intelligence or
sophistication to deal with the complexities of law. Other people argue that
a jury of nonexperts brings a good deal of common sense and open-mindedness to a trial.
Questions that can be asked of potential jurors:
1. Do you have any religious or moral beliefs that may affect your
ability to make an unbiased decision? 2. Do you believe that the testimony
of a police officer is more credible than that of an ordinary citizen? 3. Are
you familiar with any of the parties involved in this case? 4. Do you believe that someone accused of a crime is innocent until proven guilty?
5. Do you have any strong opinions about the death penalty? 6. Are you
familiar with any forensic science techniques? 7. Do you believe that a person’s background or upbringing can influence their behavior? 8. Do you
believe that individuals from certain professions are more trustworthy than
others? 9. Do you believe that individuals from certain socioeconomic
backgrounds are more likely to commit crimes? 10. Have you ever been
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a witness to a crime? 11. Do you believe that individuals from certain racial or ethnic backgrounds are more likely to be guilty of certain crimes?
12. Do you believe that individuals from certain age groups are more likely to be involved in criminal activity?
49. Prepare and give a presentation on one of the following topics.
1. The essential feature of the jury is a forum for community participation in the resolution of disputes.
2. The jury is expected to fulfil a range of functions in criminal trials
and there is considerable debate about how well the jury fulfils any of them.
3. The core value underlying all the various functions of the jury is
their democratic nature.
4. The jury, because of its nature, acts as the community conscience
in deciding criminal cases.
5. The jury plays an important role in legitimizing and maintaining
public confidence in the criminal justice system.
6. Jury trials are increasingly used in a significant share of serious
criminal cases in many common law judicial systems
7. To be called for jury duty does not necessarily mean that one will
actually serve.
8. In the trial, it is a judge who supervises the jury.
9. The jury is regarded by the public as the “bulwark (оплот) of indi-
vidual liberties”.
10. Should the jury system be abolished?
LISTENING ACTIVITIES
Trial by Jury
50. Listen to the monologue on trial by jury and give definitions
(explanations) of the following terms.
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Available at: https://english-practice.net/practicelistening-and-speaking-english-for-daily-communicationtrial-by-jury/
1. Jury duty _____________________________.
2. Jury panel ____________________________.
3. Jury pool _____________________________.
51. Listen to the audio again and complete the following sentences.
1. A letter will come in the mail, telling you ______.
2. She went with the others into a large courtroom where ______.
3. The person called up would then have a chance to explain ______.
4. The second jury was to try someone ______.
5. The defence lawyer would try to choose someone ______.
6. Defence lawyers may try to choose young people if they think that
these ______.
7. The defence lawyers may be able to appeal ______.
8. A judge is less likely to be ______.
52. Answer the following questions.
1. Why are there legal penalties for not attending the court on summons? 2. How may a person be excused from jury service? 3. Who is present at the front of the courtroom? 4. Why do many people try to avoid jury service? 5. What happen to the woman who had to look the man
accused of murder in the eye? 6. Why do the defence lawyers have an opportunity to dismiss people? What find of people? 7. When can the accused
have a chance of being released? 8. Why are the defence lawyers more
likely to choose trial by jury over trial by judge alone? 9. Why may a defence attorney prefer a criminal trial to a civil suit? 10. Would you like to
serve as a juror? Why of why not?
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53*. Watch the video We the Jury — a short film about jury ser-
vice in Victoria and make its summary. Share your ideas on the video
with your groupmates.
Available at: https://rutube.ru/video/5e2460e04a6
412c160bad9b4d44eb89d/.
Filmed in the Supreme and County Courts of Victoria, this 23-minute video presents an overview of jury
service, how juries work and what they do. The video
will give you the conception of jurors’ work.
WRITING IN THEORY
Law essay
As a law student, you are expected to have excellent writing skills.
Your essays should be well-structured, articulate, and persuasive. However, it is not always easy to know where to start or how to approach your
writing.
What is a Law Essay?
A law essay is a written assignment that requires the writer to analyze and evaluate legal issues, cases, or concepts. The purpose of a law essay is to demonstrate a student’s understanding of the subject matter. It al-
so shows the student’s ability to present an argument in a concise manner.
Law Essay Format and Structure.
A key element of successful law essays is the structure. A good structure will enable you to communicate your ideas fluently and efficiently.
This is an important and highly valued skill not only in law school, but in
practice as well. Usually, your essay requires an introduction, body paragraphs and a conclusion. Generally, you should have one idea per paragraph.
This may mean shorter paragraphs than what you would ordinarily write in
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