The Proceedings at the Trial

In England a person accused of a crime must always be supposed innocent until he has been proved guilty. Newspapers mustn't describe the accused as “the thief” or “the murderer”, he is “the accused” or “the prisoner”.

When the accused is brought before the court the charge is read out to him and he is asked whether he pleads guilty or not guilty. If he pleads guilty, he is sentenced by the court. If he pleads not guilty, a jury of 12 persons must be formed and summoned to attend the court.

In a criminal court the accused is in the dock. The accused is entitled to be defended by counsel. When the jurors are sworn, the trial proceeds.

The trial is carried on by opening the case for the prosecuting party. The prosecuting counsel (counsel for the prosecution) tells the court what he intends to prove by evidence. Then he calls his witnesses who can say what they know only in answer to questions, so the examination of witnesses is very important. Every witness may be examined by the barrister who is defending the prisoner. This is the cross-examination. The judge can interfere if he thinks any of the questions are unfair. He always objects to what is called "leading questions" (questions that suggest answer instead of asking for information). Leading questions are allowed, however, in cross-examination.

The defending counsel (counsel for the defence) then has his turn. He calls new witnesses, including the accused man himself. These witnesses may be cross-examined by the prosecuting counsel.

The law of evidence is very strict. Every witness must, before he goes into the witness box, swear an oath, with his hand on the Bible, "to tell the truth, the whole truth and nothing but the truth". A witness may tell only what he himself knows to be true, he can describe what he saw, and this is evidence. "Hear-say" evidence is not allowed.

At the conclusion of the evidence and after the speeches made by counsel by both sides, the judge sums up the case to the jury. He summarizes the case both law and facts. The jury, having heard all, retire to a private room to consider their verdict. English law requires that the guilt of an accused man must be proved "beyond reasonable doubt"(so that there is no doubt). If the jury decide that the accused is not guilty (if they acquit him), he is immediately discharged. If the evidence against the accused is very strong and the jury brings in the verdict of guilty, sentence is pronounced by the judge who states what punishment is to be inflicted.

 

Task 2. Paraphrase the following and think of Russian equivalents

1. The dock

2. To swear a juror/a witness

3. Trial

· at a trial

· to be/to go on trial for sth.

· to put sb. on trial/to bring sb. to trial

· to stand one's trial

4. Evidence

· corroborative evidence

· circumstantial evidence

· abundant/strong/ insufficient/slight/flimsy evidence

· hearsay evidence

· to give evidence for/against sb.

· to be called to give evidence

5. To examine a witness

6. The witness box

7. Sentence

· to pass sentence on sb.

· a severe/lenient sentence

· a suspended sentence

· to sentence sb. to two years' imprisonment

· to serve a sentence

 

Task 3. Speak on the following:

1) How do the proceedings at the trial start?

2) How does the trial proceed when the jurors are sworn?

3) How is the examination of witnesses carried on?

4) What do the jury do after the judge's summing up?

 

Task 4. Find English equivalents of the following in the text in Task 1:

· Человек считается невиновным до тех пор, пока его вина не будет доказана;

· предстать перед судом;

· зачитать обвинение;

· признать себя виновным или невиновным;

· Суд из 12 присяжных заседателей должен быть сформирован и вызван на судебное заседание;

· на скамье подсудимых;

· Обвиняемый имеет право на защиту;

· Присяжные приведены к присяге;

· Судебное слушание начинается с выступления по делу стороны обвинения;

· обвинитель / прокурор обвинения;

· доказать с помощью показаний свидетелей;

· допрос свидетелей;

· перекрестный допрос;

· возражать против «наводящих» вопросов;

· прокурор защиты;

· Правила дачи свидетельских показаний очень строгие;

· идти на свидетельское место;

· принести присягу, положа руку на Библию;

· показания, основанные на домыслах;

· обобщить дело для присяжных;

· удалиться в совещательную комнату для принятия решения;

· вина обвиняемого должна быть неоспоримо доказана;

· оправдать;

· освободить из-под ареста;

· веские улики против кого-л.;

· вынести вердикт виновности;

· определить меру наказания.

Task 5. Below you see the story of an extraordinary case in British legal history. The affair started in 1949 and was finally closed in 1966.

At the moment, there are a number of gaps in the story. Use the words below to complete it.

trial

convicted

arrested

pardon

suspect

confessed

enquiry (x 2)

innocent

judges

tried

court

sentenced

charged

plea

executed

custody

jury

appeal

apprehended

statements

guilty

execution

dropped

hunt

denied

The story began when a man called Timothy Evans was (1)_________________ for the murder of his wife and baby. He was (2)_________________ with the double murder, but a short time later one of the charges was (3)_________________ and he was (4)_________________ for the murder of his daughter only. During the (5)_________________ Evans accused the man whose house he had been living in, John Christie, of the crimes, but no attention was paid to him. The (6)_________________ found Evans (7)_________________ and he was (8)_________________ to death. An (9)_________________ was turned down and he was (10)_________________ in 1950.

Some time later, more women's bodies were discovered in Christie's house: two, three, four, five, six. John Christie was the police's chief (11)_________________ and they started a nationwide (12)_________________ for him. He was soon (13)_________________. Alleged (14)_________________ by Christie while he was in (15)_________________ cast doubt on the Evans hanging. When he went to (16)_________________, Christie (17)_________________ that he had murdered Mrs Evans, but in private it was said that he (18)_________________ to that crime. His (19)_________________ of insanity with regard to other murders was rejected and he was (20)_________________ of killing his wife.

Soon afterwards there was an (21)_________________ into the (22)_________________ of Timothy Evans. The (23)_________________ decided that justice had been done and Evans had been rightly hanged. It was only in 1966 that another (24)_________________ was set up. This time it was decided that Evans had probably been (25)_________________ and he was given a free (26)_________________. Better late than never, as they say.

Task 6. Put each of the following words or phrases in its correct place below.

wrongdoer

misdeeds

barbaric

deterrent

reform

retribution

law-abiding

humane

crime doesn’t pay

death penalty

rehabilitate

corporal punishment