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TEXT

VERDICT AND SENTENCE

The eighth stage of a criminal trial is verdict. It is the jury who must decide whether the defendant is guilty or not guilty. This decision is called their verdict. When the judge has finished his summing-up, the jury will go to their room, and consider their verdict in private. One of the jury is elected by them to be their foreman or a forewoman. He or she will act as their unofficial chairman and spokesman and will announce the jury’s verdict to the court.

The last (the ninth) phase of the trial is a quite separate one. It is because the sentence of the court is the punishment which the court must decide to impose. It is the judge who passes sentence in a case. The jury plays no part in this.

Deciding what the punishment should be is always one of the most difficult aspects of the judge’s duties. In some cases he may have no choice but to pass a particular sentence, but in most cases he does have discretion.

The judge must take into consideration all the circumstances of the offence itself. He will have heard about this in the course of the trial. In particular, he must consider the effect that the offence has had on the victim of the crime.

The judge is given information about the defendant’s own personal circumstances. If the defendant has not pleaded guilty and there has been a trial, the judge is already likely to know a good deal about him – his age, family, and employment situation. He will now be told in open court if the defendant has committed any crimes before, and if he has, his list of previous convictions will be read out. He is naturally expected to be more lenient towards a defendant of good character who has been a law-abiding citizen that a defendant who has been in troubles many times.

The judge must give the lawyer representing the defendant the chance to plead for leniency (a light sentence).

If a sentence of imprisonment is passed, the Dock Officer, whose job is to guard a defendant in court, makes a record of the sentences and escorts him to prison at the end of the day.

6. Найдите в тексте эквиваленты словам и словосочетаниям.

1) решение присяжных, вердикт

2) приговор суда, наказание, конфискация

3) конфиденциально обсуждать вердикт

4) старшина присяжных

5) объявлять вердикт

6) назначать (налагать) наказание

7) иметь свободу действий

8) обстоятельства совершения преступления

9) принимать во внимание

10) список предыдущих судимостей

11) совершать правонарушения (преступления)

12) быть снисходительным (к подсудимому)

13) просить о снисхождении (к подсудимому)

14) законопослушный гражданин

15) конфликтовать с законом

7. Закончите предложения в соответствии с содержанием текста.

1. The jury must decide whether ________

a) a defendant is guilty or not guilty;

b) to consider their verdict publicly or in private;

c) to elect a foreman or a forewoman.

2. Deciding what the punishment should be the judge must ____________

a) consider the effect that the offence has had on society;

b) know a good deal about the barrister for the prosecution;

c) consider the effect that the offence has had on the victim of the

crime.

3. The judge may be more lenient towards the defendant if ___________

a) the defendant has been a law-abiding citizen;

b) the defence lawyer pleads for leniency;

c) the defendant has been in troubles many times.