The Procedure of a Trial

THE JUSTICE CHART

Ex. 47 A Fill in the blanks in the chart with the following words:

fined found life lose probation plead reduced sentence win

In the Court Room

Ex. 48 A Look at the picture of a trial in process. Match the words with the numbers:

	The accused/ the defendant		Bailiff
	Witness		Witness box/ stand
	Jury		The dock
	Judge		The judge’s bench
	Lawyer for the prosecution (prosecutor/ prosecuting lawyer/ prosecuting counsel)		The jury box
	Lawyer for the defence/ defence counsel		The public gallery
	Newspaper reporters		Court stenographer
	Court clerk

Ex. 49 Using the notes below write a coherent text describing the procedure of a trial. Remember to structure your writing and to use appropriate linking devices.

The Procedure of a Trial

1 The trial starts with the reading of a formal document called the indictment setting out the accusation made against the defendant.

2 The accused is asked to plead. He can plead guilty or not guilty.

3 The prosecuting counsel makes a speech saying why the accused is guilty.

4 The defence counsel makes a speech saying why the accused is innocent, or at least why the prosecution cannot prove the accused’s guilt.

5 The prosecution counsel put his or her witness(es) in the witness stand and gets them to tell the court what they know. The prosecution also presents all the evidence (direct, circumstantial, material, documentary).

6 The defending counsel tries to find fault with what the witness(es) has said.

7 The procedure is reversed: now the defending counsel puts a witness in the stand. The prosecuting counsel can cross-examine defence witnesses.

8 The prosecuting counsel makes a speech saying why the jury should find the accused guilty.

9 The defending counsel makes a closing speech to the jury saying why they should acquit the accused.

10 The jury make their decision. If the jury cannot reach a unanimous verdict, the judge may permit it to bring in a majority verdict provided that there are not more than two dissenters.

11 The judge passes sentence or sets the accused free.

Ex. 51 Read the following information and then role-play the trial according to the details given.

The accused, 32-year-old single woman, went to a department store where she allegedly took a bottle of perfume without paying. She is charged with shoplifting.

Choose one of the roles below and then look at your role card. It is important that you do not look at anyone else’s card.

§ The judge

§ The defending counsel

§ The prosecuting counsel

§ The accused

§ The store detective (witness for the prosecution)

§ The character witness (witness for the defence)

§ The jury: it is your job to listen to the evidence and decide whether the accused is guilty or not.

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