Материал: Uchebnik_dlya_sud_expertov

) a table of defence – ( ) b) a jury box – $ & "

c)places for public –

d)a place for a defendant and guard –

e) a witness box – $ "

f)places for questioned witnesses – ) "

g)an area of a presiding judge and a clerk – $ $

h)a table of prosecution – ( )

6.8 ! * , ., , ! - ! !?

7..

1.What are the principles of justice?

2.What is a criminal trial intended for?

a). “Justice is portrayed as blind, not because she ignores the facts and circumstances of individual cases, but because she shuts her eyes to all considerations extraneous to the particular case”. Lord Bingham (1999).

b)“To no one we will sell, to no one we well refuse or delay right of justice”. Magna Carta (1215).

c)“Everyone is entitled to a fair and public hearing by an independent and impartial tribunal, established by law”. The European Convention on Human Rights (1953).

d)Let justice be done through the heavens should fall. Latin saying.

e)“The criminal justice system exists to help to protect us from crime and to ensure that criminals are punished”. Lord Irvine of Lairg (1998).

:

211

1. %1)07, 1 4 0 (+1

8. , -

. .

1.If someone commits a crime, he will be punished.

2.If someone commits an offence, he will be arrested by the police.

3.If the defendant pleads guilty to the charges against him, a judge will sentence him to the appropriate punishment.

4.If the defendant pleads not guilty, he denies committing the offence and the trial moves to the next stage.

5.A defendant has the right to challenge (to object to) any of the jurors if he can give a good reason for the objection.

6.If a juror knows a defendant, that will be good reason for objecting to him.

7.If the judge agrees with the objection, the jurors are replaced.

)0 %1)07, 1 4 0 (+1

8. % ! # -.

1.If someone committed a crime, he (to be punished).

2.If someone committed an offence, he (to be arrested) by the police.

3.If the judge agreed with the objection, the jurors (to be replaced).

4.If a juror knew a defendant, that (to be) a good reason for objecting to him.

5.If the defendant pled not guilty, the trial (to move) to the next stage.

212

2. . ( ! #!

.

committed, would be accused, were done, agrees, should have read, contained, were asked, would object, will be sworn, are chosen, would have helped, are replaced, should try, is given, are referred, are designed, would move, is committed, pled, is sentenced, are objected, had challenged, is followed, had been denied, is tested, had been questioned, are spoken, are admitted, would plead.

3. , ! ' ,

. ( ! #!

.

are to be tried, can give, is to help, must be sworn, has to say, is not allowed to ask, may talk, may have told, may be tested, was to interfere, were allowed to insist, should speak, was to agree, have to comment, must have depended, are to lead.

5. , ! ' -

$ .

1.Jurors have been chosen to try the case.

2.The defence asks questions in order to bring out what the witness has to say.

3.The cases to have been tried are very complicated.

4.To lead the witness into giving a particular answer is not allowed.

5.The defence lawyer has two bodyguards to protect him.

6.We shouted in order to warn everybody of the danger.

7.The prisoner was alleged to have brought dangerous drugs into the country.

8.There are exceptions to the hearsay rule for purposes of the mock trial. The court allows hearsay evidence to be introduced.

9.It is important for everyone to learn the words.

10.The prosecution and judges are, in some circumstances, allowed to tell the jury that they are entitled to draw adverse inferences from the accuser’s failure to give an explanation.

11.Anyone can ask to be excused from jury service because of particular personal circumstances: a blind, deaf or severely disabled person, for instance.

12.While imposing punishment the judge must consider his public duty. Is it the sort of crime that needs a long period of custody to protect the public from the offender?

6. ( ' . .

214

7. .

TEXT

THE FIRST STAGES OF A CRIMINAL TRIAL

There are five vitally important principles of justice which govern every criminal trial:

Every person who is accused of crime must know what the accusation is. This must be set out in writing in the form of a charge, and it must state clearly what the person is alleged to have done.

A person can be convicted (found guilty) of a crime only on evidence which is given in open court.

-Evidence means the account of events given by witnesses (from their own knowledge of the events), who must swear on oath (or solemnly affirm) that they are telling the truth.

Open court means in a court which is open to the public, that is, anyone who wants to hear the case, including the family and friends of the defendant and the Press. They have to be over 14 years old.

In a criminal trial the burden of proving the defendant’s guilt is always on the prosecution.

This means that it is for the prosecution to prove a defendant’s guilt, not for the defendant to prove his innocence.

'No man shall be condemned unheard'. This means that whatever the case for the prosecution may be, the defendant has an equal right to have his or her case presented to the court, and to call evidence in support of that case.

Trial by jury is actually a trial by judge and jury. It is a partnership in which the two have separate parts to play – with the judge presiding over the trial and deciding all matters of law, and the jury deciding all questions of fact.

The trial begins with the arraignment (accusation) of the defendant. The defendant is accused in court of the offences which are to be tried. This is done by the clerk reading out the indictment, the document which contains the charges. After each charge is read the defendant is asked: «Do you plead guilty or not guilty?». If the defendant pleads guilty to the charges against him, this means that he admits that he committed the offences. Then there is no need for a trial, and a judge will sentence him to the appropriate punishment. If he pleads not guilty, he denies committing the offence and the trial moves to the next stage.

Twelve jurors are sworn to try the case. A defendant has the right to challenge (to object to) any of the jurors who are chosen to try his case, but only if he can give a good reason for the objection. For example, if a juror knows a defendant, or knows any of the witnesses in the case, that would be good reason for objecting to him. If the judge agrees with the objection, the jurors are replaced by others to make up 12.

The barrister for the prosecution makes a prosecution opening speech, telling the jury what the case is all about. The purpose of this statement is to help the jury to understand what the charge is and to follow the evidence when it is given. Then he calls the prosecution witnesses. They must be sworn and give evidence according to certain rules. The side (the prosecution or the defence), calling the witness asks questions first, in order to bring out what the witness has to say (the exami- nation-in-chief or direct examination). The party calling the witness is not allowed to ask questions that are designed to lead the witness into giving a particular answer (leading questions). Another important rule is the rule against allowing hearsay evidence. Witnesses may talk about what they

215