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saw and heard, but not about what other people may have told them. The evidence of the witness may be tested in cross-examination by the lawyer for the other side (the defence or prosecution). He is allowed to ask any questions provided that they are relevant to the case.

8. ! .

1. to try an offence (a case)	a)
2. indictment	b) )$
3. case	c) $		"
4. to plead (not) guilty to the charges against	d)	$		) ( -
smb	) $ )
5. to commit an offence	e) *
6. to sentence smb to appropriate punishment	f) $ ( $) -
		*
7. to deny committing the offence	g) $ &
8. arraignment (accusation)	h) $ )
9. to challenge any of the jurors	i) $ ( )
10. to give a good reason for objection (a ju-	j) $ - -
ror)
11. barrister for the prosecution	k) ", "-
	"
12. examination-in-chief	l)	$
	(&)
13. to lead the witness	m)		" ( -
	"		)
14. hearsay evidence	n) $ "
15. cross-examination	o) ,
16. questions which are relevant to the case	p) $
17. burden of proving the defendant’s guilt	q) & , $ ,

18. to convict	r) $ ,
19. evidence	s) $, $
20. to put reliable evidence	t)
21. to swear an oath	u) *$				$ -

22. to allege	v) $, & $

9. , .

1), & " ;

2)$ ;

3)	& " - " ;
4)	$ ;
5)	$ $ , - $ ;
6)	$ $ ;

7)$ ;

8)) $ $ , .

216

10..

1.The principle of justice which governs every criminal trial is ________

a)open court

b)accusation of the defendant

c)the burden of proving the defendant’s guilt is on the prosecution

d)the defendant’s equal right to have his case presented to the court.

2.The trial begins with ____________

a)a prosecution opening speech

b)calling the prosecution witness

c)the examination-in-chief

d)the arraignment.

3.The indictment is a document which contains __________

a)charges

b)the appropriate punishment

c)the offence

d)a good reason for objecting jurors.

4.The party calling the witness is not allowed __________

a)to ask any questions

b)to lead the witness

c)to be cross-examined by the lawyer for the other side

d)to ask any questions that are not relevant to the case

11.( / #' ,

# # .

Models:

I am totally opposed to… – * …

I feel (that) it is true – 6 #,

1.No principles of justice govern a criminal trial.

2.The defendant is accused in court.

3.The defendant never pleads guilty to the charges against him.

4.There is no need for trial if the defendant pleads guilty.

5.Twelve jurors are sworn to try the case.

6.The barrister for the prosecution must tell the jury what the case is all about.

7.The jurors must give evidence according to certain rules.

8.If a juror knows a defendant or any of the witnesses in the case he may try the case.

9.Witnesses may talk about what other people may have told them.

10.If the judge agrees that there is no case, he’ll direct the jury to find the defendant not guilty.

12. , .

information given in a court of law in order to prove that someone is guilty

the official in control of a court who decides how criminals should be punished

the process or act of bringing a charge against someone for a crime, or being judged for a crime in a court of law

the things that are said in a court of law to prove that someone is not guilty of a crime

217

someone who sees a crime or an accident and can describe what happened

the person in a court of law who has been accused of doing something illegal

an official in charge of the records of a court

a building or a room where all the information concerning a crime is given so that it can be judged

a group of 12 ordinary people who listens to details of a case in court and decides whether someone is guilty or not

a legal process in which a court of law examines a case to decide whether someone is guilty of a crime

a question or problem that will be dealt with by a law court.

13. , -

' %. / # .

2& $" (adversarial) " (inquisitorial) -

& $ . -$ & ). $ " . – & . $ -$ , ) ". $ % . -

& $ $ ,	$ ". &
$ ,	$

, ) $ $ ).

, , , -. $ & -. , ) ". $.

14. % ! . !" , )

' ; !) - !' , $ !. ( #

. - $ .

In my opinion…	…
I’m sure (that)…	- , …
On the one hand…	"	,…
On the other hand…	"	,…
I don’t think it’s reasonable to believe that…	- , $ $,
	…
Thus	. ,
That’s why	%
As a result	$
In fact	+
In most cases	$)
Besides…	( ,…
What is more…	/ …
All right, you win	+ &, ( ) -
	)

218

15. % ! - . ! . -

(F. R.) (/ '

) !, – '. + ,

Your Honour	– ) $ ( $ -
	)
Objection	– &,
That’s a leading question	– + "
Objection, Your Honour, council is leading	– - , )	$, $
the witness	( ) "
That’s hearsay	– ' & ( $
		")
That’s relevance	–
Objection, Your Honour, this question is ir-	– - , ) $, %
relevant to the case

F and R were both convicted of conspiracy to import and supply heroin from Pakistan. The case was that an informer, Jamil, with the approval of Customs officers arranged with R to import heroin, which was replaced by harmless powder once it arrived in England. Both F and R met Jamil at a railway café in Birmingham and discussed the procedure of obtaining samples of “heroin” for resale. When F picked up a bag containing the replaced powder he and R were arrested. They made untruthful accounts not realizing that their movements had been monitored and later when R was told he had been under surveillance he made admissions. In his defence F said that he thought that there was a medical drug in the bag, and blamed R. R said that he was on legitimate business and knew nothing of any drug and was supervising the delivery of lawful goods. He made admissions because that was what the Customs officer wanted to hear and he wanted to be freed as soon as possible.

UNIT 3. DEFENCE EVIDENCE, CLOSING SPEECHES AND JUDGE’S SUMMING-UP

1. ! # # .

directly –

personally – usually – carefully –

separately –

2.#. .

1.He’s lived in both Britain and America.

2.She can both speak and write Japanese.

3.She’s the kind of person you either love or hate.

4.The equipment is neither accurate nor safe.

219

5.Her ring is twice as big as mine.

3.! .

one –	five –	six –
thirty –	ninety –	a hundred –
a million –	twelve –	two thousand –

4. .

defence evidence, prosecution evidence, to give evidence, to support evidence, to tailor evidence, false evidence, to comment on the evidence, important parts of evidence, stronger evidence, hearsay evidence, reliable evidence, to follow evidence, to hear the evidence, to offer no further evidence.

5. , # ) , -

; !) $ -

; ) , & #, ; ) -

, & & &

#, - .

To have been supported, to have been hold, to be deciding, to have been allowed, to be tailoring, to have been demonstrating, to happen, to have broken, to have been charged, to be preparing, to be made, to have been called, to have been commenting, to have been proved, to have been considering, to have been reflected.

6. ! «Complex Subject». -

' .

1.Judge’s summing-up seems to be fair and balanced.

2.The prosecution was expected to have charged the defendant.

3.The lawyer is known to support the case of the defendant.

4.The defendant seemed to have pled guilty.

5.The judge is likely to know a good deal about the defendant.

6.He is expected to be more lenient towards a defendant of good character.

7..

TEXT

DEFENCE EVIDENCE, CLOSING SPEECHES AND JUDGE’S SUMMING-UP

The defence evidence is the fifth stage of a criminal trial. The defendant may give evidence, and his lawyer can call any witnesses to support his case. The procedure of giving evidence is the same both for the prosecution and for the defence – examination-in-chief (direct examination), cross-examination.

A defendant does not have to give evidence, but the law is that if he does not, the jury may “draw inferences” from his failure to do so. In other words, they may hold it against him when deciding whether he is guilty. Normally, when a defendant gives evidence he must be called as the

220

Источник: https://studfile.net/preview/16694066/

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