Just_English_2 часть. Just English. Английский для юристов 43
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Chapter IV. Fair Trial: the Jury preliminary trial — предварительное слушание дела case for trial/ trial case — дело, подлежащее судебному рассмотрению c  ase on trial — дело на стадии судебного рассмотрения delay in trial — задержка судебного разбирательства, отсрочка судебного разбирательства trial docket / trial list — список дел к слушанию investigation at the trial — судебное следствие party to a trial — сторона в процессе; участник процесса5) cause — судебный процесс, судебное дело, тяжба legal cause — судебное дело, законное основание major /minor cause — дело о тяжком/ малозначительном правонарушении costs in the cause — судебные издержки, издержки в процессе cause list — список дел к слушанию side in a cause — сторона по делу 6) controversy — гражданский судебный цроцесс, правовой спор, судебный спор legal controversy — правовой спор; судебный спор to decide a controversy — решить спор party in controversy — сторона в судебном споре 7) process — судебный процесс, процедура, порядок, производство дел, судопроизводство, процессуальные нормы investigation process — процесс расследования 8) proceeding(s) — судебный процесс, рассмотрение дела в суде, судебное разбирательство, судебная процедура, производство по делу, судопроизводство to take criminal proceeding(s) — возбудить уголовное преследование civil proceeding(s) — гражданское производство criminal proceeding(s) — уголовное судопроизводство forfeiture proceeding(s) — процедура конфискации Find in the list above the English equivalents for the following Russian expressions:
122 Just English. Английский для юристов Chapter IV. Fair Trial: the Jury 123
TASK 5. Translate the following text into English, paying special attention to the words and expressions in bold type: Формирование скамьи присяжных заседателей включает:
рассмотрении данного дела у приглашенных в суд присяжных заседателей, • использование сторонами права на мотивированный и не мотивированный отвод присяжных заседателей. В результате остаются 12 основных и 2 запасных присяжных заседателя. От исполнения обязанностей присяжного заседателя по конкретному делу председательствующий судья освобождает всякого, чья объективность вызывает обоснованные сомнения вследствие оказанного на это лицо незаконного воздействия, наличия у него предвзятого мнения, знания им обстоятельств дела из непроцессуальных источников, а также по другим причинам. ПРИСЯГА После того, как коллегия присяжных заседателей сформирована и избран их старшина, председательствующий судья приводит присяжных заседателей к присяге. "Клянусь исполнять свои обязанности честно и беспристрастно, принимать во внимание все рассмотренные в суде доказательства, доводы, обстоятельства дела и ничего, кроме них, разрешать дело по своему внутреннему убеждению и совести, как подобает свободному гражданину и справедливому человеку". (Россия) TASK 6. Complete the following text using the words from the box: The Jury in Britain criminal offence; acquitted; challenge; civil cases; convicted; disqualified; liable for; ownership of property; randomly; right of appeal; evidence; judiciary; verdict; unanimous; undertake Trial by jury is an ancient and important feature of English justice. Although it has declined in (except for libel and fraud), it is the main element in criminal trials in the crown court. Jury membership was once linked to the , which resulted in male and middle-class dominance. But now most categories of British residents are obliged to jury service when summoned. Before the start of a criminal trial in the crown court, 12 jurors are chosen from a list of some 30 names selected from local electoral registers. They listen to the at the trial and give their verdict on the facts, after having been isolated in a separate room for their deliberations. In England, Wales and Northern Ireland the may be 'guilty' or 'not guilty', the latter resulting in acquittal. Until 1967 the verdict had to be • But now the judge will accept a majority verdict after the jury has deliberated for more than two hours provided that, in the normal jury of 12 people, there are no more than two dissenters. In Scotland the jury's verdict may be 'guilty', 'not guilty' or 'not proven', the accused is if either of the last two verdicts is given. As a general rule no one may be without corroborated evidence from at least two sources. If the jury acquits the defendant, the prosecution has no and the defendant cannot be tried again for the same offence. . Any attempt to . Potential jurors are put on a panel before the start of the trial. In England and Wales the prosecution and the defence may individual jurors on the panel, giving reasons for doing so. In Scotland the prosecution or defence may challenge up to three jurors without reason. In Northern Ireland each defendant has the right to challenge up to 12 potential jurors without giving a reason. People between the ages of 18 and 70 (65 in Scotland) whose names appear on the electoral register, with certain exceptions, are jury service and their names are chosen at random. Ineligible people include, for example, judges and people who have within the previous ten years been members of the legal profession or the police, prison or probation services. People convicted of certain offences within the previous ten years cannot serve on a jury. Anyone who has received a prison sentence of five years or more is for life. A jury is independent of the _ 124 Just English. Английский для юристов Chapter IV. Fair Trial: the Jury 125     Just for FunJury — a group of twelve men who, having lied to the judge about their hearing, health, and business engagements, have failed to fool him. Henry Lewis Mencken U  NIT 4. IN THE COURTROOMTASK 1. Read the following text and write down Russian equivalents for the words and expressions in bold type: The number of the days you work as a juror and your working hours depend on the jury selection system in the county in which you live. Working hours may also be varied by the judge to accommodate witnesses coming from out of town or for other reasons. Regardless of the length of your working day, one thing that may strike you is the amount of waiting. For example, you may have to wait a long while before you are called for a jury panel. You also may be kept waiting in the jury room during trial while the judge and the lawyers settle a question of law that has come up. This waiting may seem like a waste of time to you and also may make it seem as if the court system isn't working very well. In reality, however, there are good reasons for the waiting you do both before and during trial. Your having to wait before trial is important for the efficient operation of the system. Because there are many cases to be heard and because trials are expensive, judges encourage people to come to an agreement in their case before trial. These agreements, called settlements, can occur at any time, even a few minutes before the trial is scheduled to begin. This means that it is impossible to know exactly how many trials there will be on a particular day or when they will start. Jurors are kept waiting, therefore, so that they are immediately available for the next case that goes to trial. Your waiting during trial helps assure the fairness of the proceedings. You will remember that the jurors decide the facts and that the judge decides the law. If you are sent out of the courtroom during trial, it is probably because a legal issue has come up that must be decided before more evidence can be presented to, you. You are sent out because the judge decides that you should not hear the discussion about the law, because it might interfere with your ability to decide the facts in an impartial way. Sometimes the judge will explain why you were sent out, but sometimes he may not be able to do so. Please be assured, however, that these delays during trial, explained or not, are important to the fairness of the trial. In any case, judges and personnel do whatever they can to minimize the waiting before and during trial. Your understanding is appreciated. TASK 2. Answer the following questions:
Courtroom Personnel In addition to the lawyers and the judge, three other people will play an important role in the trial. The court reporter, who sits close to the witnesses and the judge, puts down every word that is spoken during the trial and also may record the proceedings on tape. The clerk, who sits right below the judge, keeps track of all documents and exhibits and notes down important events in the trial. The bailiff helps to keep the trial running smoothly. The jury is in the custody of the bailiff, who sees to the jurors comfort and convenience and helps them if they are having any problems related to jury service. TASK 3. Find in the text above the English equivalents for the following words and expressions:
126 Just English. Английский для юристов Chapter IV. Fair Trial: the Jury 127    TASK 4. Look at the picture of an American courtroom. Match the numbers in the picture with the words below: Оjury П court reporter □ judge D defendant □ defence attorney П witness □ witness stand □ prosecuting attorney D bailiff □ jury box П judge's bench □ courtroom TASK 5. Read the letter of the inmate of San Quentin Prison (USA). Using the picture above, explain why the courtroom layout is described as unfavourable for the defendant in the text: A View From Behind Bars I want to talk about the way that courtrooms are laid out. I think that by their design, it already puts the defendant at a disadvantage when he goes to trial. Maybe you think that it is ridiculous to claim that the way a courtroom is laid out has an impact on a trial, but let me explain.When you walk into a courtroom in California, the floorplan is basically the same as any other. Since most people have seen at least one trial on TV, you can probably visualise what I am describing. If you sit in the jury box and look out over the courtroom, here is what you will see. Closest to the jury is a witness stand where the witnesses sit when they testify. On the other side of the witness stand is the Judge's Bench sitting high above everything else, so as to give an air of authority. Facing the Bench and witness stand are the tables where the prosecutor and defence sit during the course of the trial. In between the prosecutor and defence table is a podium that the lawyers stand at when they address the court and the jury. Sitting closest to the jury box is always the prosecutor's table, then the podium, and on the other side of that is the defence table. The person on trial is as far away from the jury as it is possible. When I was on trial, I couldn't even see half of the jury, unless I leaned out over the table to look at them. So, this set-up seems to make the person on trial distant, and not even a real part of the proceedings, which in my opinion, makes it easier for the jury to depersonalise you when you are on trial. Meanwhile, the prosecutor is damned near sitting in the jury's lap all through the trial and the jury has the tendency to relate with the prosecutor a lot easier. This might sound like a trivial thing, but consider this. A witness for the defence is on the witness stand and giving his or her testimony, but all through the witness's testimony, the prosecutor is sitting right next to the jury and reacting to everything the witness says by facial expressions and body language. And, if you are saying that this doesn't have an impact on a jury, then you are very naive... or a prosecutor. TASK 6. Translate the following definitions in writing: CASE — any proceeding, action, cause, lawsuit or controversy initiated through the court system by filing a complaint, petition or information. WITNESS — a person who testifies under oath in court regarding what was seen, heard or otherwise observed. TRIAL — the presentation of evidence in court to a trier of facts who applies the applicable law to those facts and then decides the case. EVIDENCE — a form of proof legally presented at a trial through witnesses, records, documents, etc. 128 Just English. Английский для юристов Chapter IV. Fair Trial: the Jury 129  TASK 7. Read the text carefully and comment on the advice given to jurors. Be ready to explain the relevance of each item:Do's and Don'ts for Jurors During trial 1.DO arrive on time. The trial can not proceed until all jurors are present. Do return to the courtroom promptly after breaks and lunch. 2.DO pay close attention to witnesses. Concentrate both on what the witnesses say and on their manner while testifying. If you cannot hear what is being said, raise your hand and let the judge know. 3. DO keep an open mind all through the trial. DON'T form an opinion on the case until you and the other jurors have conducted your deliberations. Remember that if you make up your mind while listening to one witness's testimony, you may not be able to consider fully and fairly the testimony that comes later. 
decided only on the basis of evidence admitted in court.
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