8.2 Jury Duty

TASK 1. Read the following text and write down Russian equivalents for the words
and expressions in bold type:
The Fear of Jury Duty
For Americans, serving jury duty has always been a dreaded chore. There is plenty of history behind this fear. In colonial days, jurors were locked in a small room with no ventilation and were denied food and water in an attempt to inspire a quick verdict. If the jurors returned with the wrong decisions, they too were charged with a crime. As more and more laws were passed, the rules of evidence expanded and trials became longer, which resulted in more technical and increasingly boring hours for jurors. Trial lawyers have tried
to change the boredom by replacing endless hours of testimony with computer animation, video reconstructions, color charts and graphics to better explain the evidence.
The judicial system depends on juries. The United States Constitution guarantees its citizens the right to a trial by jury of their peers. When summoned for jury duty, Americans should look upon it as an opportunity to serve their country, their community, and their fellow citizens. Each year, over 5 million Americans are summoned for jury duty to render verdicts in approximately 120,000 trials. Prospective jurors are chosen at random from voter registration lists.
When people are chosen for jury duty, they are often shown a video tape explaining the jury system or given a HANDBOOK ON JURY SERVICE.
TASK 2. Answer the following questions:
1. Why have Americans always feared the jury service?
2. In what conditions were jurors kept in colonial days? Why?
3. How has trial procedure changed through the years?
4. Why is the right to a jury trial considered to be so important for the U.S. citizens?
The following text comes from a handbook on jury service for U.S. citizens.
Jury Service — an Important Job and a Rewarding Experience
The right to trial by a jury of our fellow citizens is one of our most important rights and is guaranteed by the Constitution of the United States. By serving on a jury, then, you are helping to guarantee one of our most important freedoms.
Your job as a juror is to listen to all the evidence presented at trial and to ‘decide the facts’ — that is, to decide what really happened. The judge, on the other hand, ‘decides the law’ — that is, makes decisions on legal issues that come up during the trial. For example, the judge may have to decide whether you and the other jurors may hear certain evidence or whether one lawyer may ask a witness a certain question. You should not try to decide these legal issues, sometimes you will even be asked to leave the courtroom while they are being decided. Both your job and that of the judge must be done well if our system of trial by jury is to work. In order to do your job you do not need any special knowledge or ability. It is enough that you keep an open mind, concentrate on the evidence being presented, use your common sense, and be fair and honest. Finally, you should not be influenced by sympathy or prejudice: it is vital that you be impartial with regard to all people and all ideas.
Many jurors find that it is exciting to learn about this most important system ‘from the inside’, and challenging to deal fairly and thoroughly with the cases they hear. We hope that you, too, find your experience as a juror to be interesting and satisfying.
How You Were Chosen
Your name was selected at random from voter registration records and placed on a list of potential jurors. Next, your answers to the Questionnaire for Jurors were evaluated to make sure that you were eligible for jury service and were not exempt from service. To be eligible, you must be over 18 years of age, a citizen of the United States, a resident of the county in which you are to serve as a juror, able to communicate in the English language and if you have been convicted of a felony, you must have had your civil rights restored. People who meet these requirements may be excused from jury service if they have illnesses that would interfere with their ability to do a good job, would suffer great hardship if required to serve, or are unable to serve for some other reason.
You are here because you were found to be eligible for jury duty and were able to serve. You are now part of the “jury pool”, the group of people from which trial juries are chosen.
TASK 3. Find in the text above the English equivalents
1. показания
2. анкета для присяжных
3. списки избирателей
4. предубеждение
5. судебное разбирательство
6. вопросы права
7. фонд, резерв присяжных
8. сохранять объективность в подходе к вопросу, делу
9. освобождать от обязанностей присяжного
10. подходить для службы в жюри присяжных
11 . заслушивать показания
12. исключать из состава присяжных
13. восстанавливать в гражданских правах
14. тщательно и беспристрастно рассматривать дело
15. удовлетворять требованиям
TASK 4. Explain the meaning o f the following words and expressions:
• fellow citizens
• evidence• to decide the law
• to decide the facts
• courtroom• common sense
• prejudice• to be impartial
TASK 5. Answer the following questions:
1. What is the job of a juror?
2. What is the job of a judge?
3. What qualities should a good juror have?
4. What requirements should one meet to be eligible for jury service?
5. What are the reasons for a person to be excused from jury service?
6. What is a jury pool?
TASK 6. Translate the following text into English, paying special attention to the words and expressions in bold type:
Требования, предъявляемые к присяжным заседателям:
В список присяжных заседателей не включаются лица
• не внесенные в списки избирателей;• не достигшие к моменту составления списков присяжных заседателей возраста 25 лет;
• имеющие неснятую или непогашенную судимость;
• признанные судом недееспособными.
Из списков присяжных заседателей исключаются:
• лица, не владеющие языком, на котором ведется судопроизводство в данной местности;
• немые, глухие, слепые и другие лица, являющиеся инвалидами;
• военнослужащие;
• судьи, прокуроры, следователи, адвокаты, нотариусы;
• священнослужители.
Match the following English expressions with their Russian equivalents:
1. evidence in the case а) вещественное доказательство
2. evidence on oath b) давать показания, представить доказательства
3. to give/offer/introduce/ с) доказательства вины; улики
produce evidence
4. to plant evidence d) доказательства или показания по делу
5. to weigh evidence е) доказательства, показания, полученные с нарушением закона
6. to withhold evidence f) доказательство из первых рук
7. evidence wrongfully g) заключение эксперта
obtained8. evidence of guilt h) косвенное доказательство
9. circumstantial evidence i) лжесвидетельство
10. conclusive/ decisive j) ложное доказательство, показание
evidence1 1. expert evidence к) недостаточное доказательство
12. false evidence 1) неопровержимое доказательство
13.first hand evidence m) окончательное, решающее доказательство
14. insufficient evidence n) оценить доказательства
15. irrefutable evidence о) показания под присягой
16. peijured evidence р) скрыть доказательства
17. physical evidence q) сфабриковать доказательства
Complete the following text using the words:
criminal offence; acquitted; challenge; civil cases; convicted; disqualified; liable for; ownership of property; randomly; right of appeal; evidence; judiciary; verdict; unanimous; undertake
The Jury in Britain
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 th e ________________, 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. A jury is independent of the ___________. Any attempt to interfere with a jury is a ______________ . 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 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.

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