Exercise 2.5 Look at the following situations, then decide which crime has been, or is being committed in each case.

1. TV Newsreader: Police believe the fire was started deliberately at around 2 o’clock this morning when burning paper was pushed through the letterbox. They are appealing for witnesses to the event.

a) assault;

b) arson;

c) assassination

2. Shop assistant: I can’t accept this $ 20 note, madam. It’s a fake.

Customer: What? You mean it’s counterfeit?

Shop assistant: I’m afraid so. Do you have other means of payment?

a) fraud;

b) blackmail;

c) forgery;

3. Police officer: I’m sorry sir, but I have to report your actions to the proper authorities.

Man: Look, officer, here’s $50. Let’s just pretend this didn’t happen, eh?

a) bribery;

b) bigamy;

c) burglary;

4. Man reading newspaper: I don’t believe it! The Foreign Minister has been caught giving government secrets to another country!

a) mugging;

b) trespassing;

c) treason;

5. Man: Look at this note, Cheri. It arrived in the post today. It says ‘Leave $ 10, 000 in cash in the bin by the bus stop, or I’ll tell everyone your dirty secret’.

Woman: Don’t worry about it, Tony. It’s probably another little joke from him next door.

a) bribery;

b) blackmail;

c) hijacking;

6. TV newsreader: The car bomb went off in a busy marketplace, injuring several shoppers.

a) homicide;

b) fraud;

c) terrorism;

TEXT 3 DEFENITION AND ELEMENTS OF THE CRIME IN ENGLISH LAW

Exercise 3.1 Study the vocabulary:

1) mens rea	1) злочинний намір
2) actus reus	2) злочинна дія
3) injurious to society	3) шкідливий для суспільства
4) as distinguished	4) типовий злочин
5) be accomplished by	5) супроводжуватися (чимось)
6) omission	6) бездіяльність
7) intent	7) намір

Exercise 3.2 Read and translate the text:

In English legal tradition crime is defined as an act or omission that violates the law and I punishable by the state. Crimes are considered injurious to society or the community, as distinguished from torts and breach of contract.

As defined by law, a crime includes both the act, or actus reus, and the intent to commit the act, or mens rea.

Actus reus is Latin for “guilty act” and is the physical element of committing a crime. It may be accomplished by an action, by threat of action, or exceptionally, by an omission to act. For example, a parent’s failure to give food to a young child also may provide the actus reus for a crime.

Where the actus reus is a failure to act, there must be a duty. A duty can arise through contract, a voluntary undertaking, a blood relation with whom one lives, and occasionally through one’s official position.

Mens rea is another Latin phrase, meaning “guilty mind”. A guilty mind means an intention to commit some wrongful act. Intention under criminal law is separate from a person’s motive. If Mr. Hood robs from rich Mr. Nottingham because his motive is to give the money to poor Mrs. Marion, his “good intentions” do not change his criminal intention to commit robbery.

Unless the act of which a defendant is accused is expressly defined by state as a crime, no indictment or conviction for the commission of such an act can be legally sustained. This provision is important is important in establishing the difference between government by law and dictatorial government.

Exercise 3.3 Complete the sentences using the information from the text.

1) Crimes are considered injurious to ….

2) Actus reus may be accomplished by ….

3) Where the actus reus is a failure to act, ….

4) A guilty mind means ….

5) Unless the act of which a defendant is accused is expressly defined by statute as a crime, ….

Exercise 3.4 Complete the following word combinations with the correct prepositions from the box.

by under to through of by to

1) Punishable __ the state; 2) injurious __society; 3) breach __ contract; 4) as defined __ law; 5) arise __ contract; 6) intention __ commit some wrongful act; 7) __ criminal law.

Exercise 3.5 In the text “Definition and Elements of the Crime” find the antonyms for the following words.

1) innocent –

2) harmless –

3) exclude –

4) right –

5) illegally –

6) liberal –

7) insignificant –

Exercise 3.6 Choose the words which best complete the text below.

The criminal law generally prohibits undesirable 1) ____. Thus, proof of a 2) ____ requires proof of some act. Scholars label this the requirement of an actus reus or 3) ____ act. Some crimes require no more, and they are known as strict liability offenses. Nevertheless, because of the potentially severe consequences of criminal conviction, judges at common law also sought proof of an 4) ____ to do some bad thing, the 5) ____ rea or guilty mind. As to crimes of which both actus reus and mens rea are requirements, judges have concluded that the elements must be present at precisely the same moment and it is not enough that they occurred sequentially at different times.

1) a. acts b. thoughts c. words

2) a. law b. indictment c. crime

3) a. a guilty b. motive c. innocent

4) a. crime b. intent c. wrongful

5) a. actus b. mens c. reus

Exercise 3.7 Complete the sentences below with the missing legal terms.

6) A “crime” is any act or _____ in violation of a public law forbidding or commanding it.

7) Crimes include both ______ (more serious offenses like murder or rape) and misdemeanors (less serious offenses like petty theft or jaywalking).

8) Criminal law involves the ______ by the state of a person for an act that has been classified as a crime.

9) Most crimes are characterized by two elements: a criminal act and ______.

10) In criminal cases, the burden of _____ is often on the prosecutor to persuade the trier (whether judge or jury) that the accused is guilty beyond a reasonable doubt of every element of the crime charged.

TEXT 4 CRIME INVESTIGATION IN DIFFERENT COUNTRIES

Exercise 4.1 Study the vocabulary:

1) forensic science	1) судова наука
2) scene	2) місце злочину
3) testimonial evidence	3) свідчення свідків
4) physical evidence	4) речові докази
5) investigation	5) розслідування
6) complaint	6) скарга, позов
7) witness	7) свідок
8) suspect	8) підозрюваний
9) victim	9) жертва
10) outcome of the case	10) результат справи
11) final report	11) підсумковий звіт
12) interrogation	12) допит
13) to approach	13) звертатися
14) confession	14) визнання (провини)
15) to enter plea bargain	15) проводити переговори про заключення угоди про визнання вини (амер.)
16) sentence	16) вирок
17) testimony	17) свідчення
18) fingerprinting	18) знімання відбитків пальців
19) crime lab	19) криміналістична лабораторія
20) court appearance	20) виступ у суді
21) DNA profiling	21) аналіз ДНК
22) microscopic examination	22) аналіз за допомогою мікроскопа
23) to release	23) звільняти

Exercise 4.2 Read and translate the text:

Forensic science and scientific expertise serves the administration of justice by providing scientific support in the investigation of crime and providing evidence to the courts.

When a crime is reported to the police, patrol officers are usually the first to arrive at the scene. They perform the initial investigation; fill out the forms, such as the complaint; interview witnesses; make an arrest if there is a suspect. If a crime requires expert investigation, detectives are called in. The detective’s first task usually is to examine the facts in order to determine whether a crime has actually been committed and whether further investigation is required. If a full investigation is initiated, detectives collect evidence, interview witnesses and victims, contact informants. After an arrest is made, investigative work is extremely important to the outcome of a court case. Case preparation includes reviewing and evaluating all evidence and repots on the case; re-interviewing witnesses and assisting in their preparation for court appearances; and preparing the final report.

Legal detectives and investigators in common-law countries have a wide variety of techniques available in conducting investigations. However, the majority of cases are solved by the interrogation of suspects and the interviewing witnesses, which takes time. Besides interrogations, detectives may rely on a network of informants they have processed over the years. Informants often have connections with persons a detective would not be able to approach formally. The best way is to obtain a confession from the suspect, usually this can be done in exchange for entering plea bargain for a lesser sentence. Evidence collection and preservation can also help in identifying a potential suspect(s).

Criminalistics as a subdivision of forensic science is the application of various sciences to answer questions relating to examination and comparison of different types of evidence in criminal investigations. Typically, evidence is examined in a crime lab.

A Crime Laboratory (often Crime Lab), is a scientific laboratory where scientists examine evidence from a criminal case. A typical crime lab has two sets of personnel. These are the investigators who go to crime scenes and collect evidence and process the scene. The second type of personnel in a crime lab is the people who run experiments on the evidence once it is brought to the lab.

Each type of evidence has a specific value in an investigation. Evidence used to resolve an issue can be split into two areas. The testimonial evidence refers to any witnessed records of an incident. The physical evidence is any material item that is on the crime scene. What will evidence collected at a scene don for the investigation:

· May prove that a crime has been committed.

· Establish any key elements of a crime.

· Link a suspect with a scene or a victim.

· Establish the identity of a victim or suspect.

· Confirm verbal witness testimony.

· Release the innocent.

Among the identification methods there are fingerprinting, DNA profiling and microscopic examination.

Exercise 4.3 Match the following legal terms with their definitions:

1. Confession	a) the judgment of a criminal court stating what punishment is to be given to a person
2. Testimony	b) questioning witnesses
3. Sentence	c) any witnessed records of an incident
4. Interrogation	d) witness’s statement under oath
5. Testimonial evidence	e) declaration (of one’s guilt)
6. Physical evidence	f) any material that is on the crime scene
7. Release	g) to free a person from captivity or imprisonment
8. Witness	h) a person who gives information about a thing, a subject being studied, etc
9. Informant	i) a person who has seen or can give first-hand evidence of some event
10. Innocent	j) not guilty of a particular crime; blameless

Exercise 4.4 Complete the following sentences with the right preposition according to the contents of the sentences:

for on through of

1. Why do detectives usually rely ___ a network of informants instead of meeting or interviewing people themselves?

2. The suspect can make a confession in exchange __ plea bargain for a lesser sentence.

3. The use of fingerprinting spread rapidly __ Europe.

4. The method of fingerprinting is a means __ identifying criminals.

Exercise 4.5 Give the English equivalents for the following word combinations:

1. Допит свідків –

2. Скоїти злочин -

3. Підтвердити свідчення –

4. Звільнити невинного –

5. Встановити ідентичність –

6. Місце злочину –

7. Збирати речові докази –

8. Покластися на інформаторів –

9. Вирішити справу –

10. Перевірити докази –

11. Потенційний підозрюваний –

12. Проводити розслідування –

Exercise 4.6 Substitute the words in italics with the words from the active vocabulary:

1. This physical evidence confirms the witnesses’ words.

2. An investigator has a right to make a search and question witnesses.

3. Criminal offense is defined as an illegal act for which a person may be punished by the State.

4. A crime scene sketch (малюнок) is a drawing that shows the appearance of a crime place.

5. Mrs. Smith who saw the accident tells that the suspect looked rather strange.

6. Mr. Black said he was ready to tell of his guilt.

7. After the long considerations he was set free.

Exercise 4.7 Complete the sentences with the words of the active vocabulary:

1. At last the judge pronounces the _____.

2. Sherlock Holmes features a detective using a number of _____ methods.

3. A ______ is an investigator either a member of a police agency or a private person.

4. Evidence collection helps in _____ a potential suspect.

5. Sometimes evidence helps to ____ the innocent.

TEXT 5 TYPES OF PUNISHMENT

Exercise 5.1 Study different types of punishment:

1) capital punishment	1) смертна кара
2) death penalty	2) смертна кара
3) corporal punishment	3) фізична кара
4) solitary confinement	4) одиночне ув’язнення
5) life imprisonment	5) довічне ув’язнення
6) prison sentence	6) тюремне ув’язнення
7) death warrant	7) наказ про виконання смертного вироку
8) caution	8) застереження
9)suspended sentence	9) (тимчасово) відкладений вирок
10) fine	10) штраф
11) remand	11) піддання досудовому ув’язненню
12)on probation	12) умовно засуджений
13)flogging	13) шмагання, тілесне покарання
14)confinement in jail	14) викрадення літака
15)execution	15) убивство
16)substitute	16) викрадення людей
17)revenge-based	17) ненавмисне вбивство
18)to impose penalty	18) розбійний напад
19)eviction	19) позбавлення майна через суд
20)internment	20) інтернування
21)incarceration	21) ув’язнення
22)revenge	22) помста
23)retaliation	23) помста
24)restitution	24) відшкодування збитків
25)community service	25) громадські роботи

Exercise 5.2 Read and translate the text:

Criminal Punishment is a penalty imposed by the government on individuals who violate criminal law. People who commit crimes may be punished in a variety of ways. Offenders may be subject to fines or other monetary assessments, the infliction of physical pain (corporal punishment), or confinement in jail or prison for a period of time (incarceration). In general, societies punish individuals to achieve revenge against wrongdoers and to prevent further crime – both by the person punished and by others contemplating criminal behavior. Some modern forms of criminal punishment reflect a philosophy of correction, rather than (or in addition to) one of penalty. Correctional programs attempt to teach offenders how to substitute lawful types of behavior for unlawful actions.

Throughout history and in many different parts of the world, societies have devised a wide assortment of punishment methods. In ancient times, societies widely accepted the law of equal retaliation (known as lex talionis), a form of corporal punishment that demanded “an eye for an eye”. If one person’s criminal actions injured another person, authorities would similarly maim the criminal. Certain counties throughout the world still practice corporal punishment. For instance, in some Islamic nations officials exact revenge-based corporal punishments against criminals such as amputation of a thief’s hand. Monetary compensation is another historic punishment method. In England during the early Middle Ages payments of “blood money” were required as compensation of death, personal injury, and theft.

Although some societies still use ancient forms of harsh physical punishment, punishments have also evolved along with civilization and become less cruel. Contemporary criminal punishment also seeks to correct unlawful behavior, rather than simply punish wrongdoers.

Certain punishments require offenders to provide compensation for the damage caused by their crimes. There are three chief types of compensation: fines, restitution, and community service.

A fine is a monetary penalty imposed on an offender and paid to the court. However, fines have not been widely used as criminal punished because most criminals do not have the money to pay them. Moreover, fining criminals may actually encourage them to commit more crimes in order to pay the fines.

The term restitution refers to the practice of requiring offenders to financially compensate crime victims for the damage the offenders caused. This damage may include psychological, physical, or financial harm to the victim. In most cases, crime victims must initiate the process of obtaining restitution from the offender. Judges may impose restitution in conjunction with other forms of punishment, such as probation (supervised release to the community) or incarceration.

Alternatively, restitution may be included as a condition of an offender’s parole program. Prisoners who receive parole obtain an early release from incarceration and remain free, provided they meet certain conditions.

Offenders sentenced to community service perform services for the state or community rather than directly compensating the crime victim or victims. Some of the money saved by the government as a result of community service work may be diverted to a fund to compensate crime victims.

The most serious or repeat offenders are incarcerated. Criminals may be incarcerated in jails or in prisons. Jails typically house persons convicted of misdemeanors (less serious crimes), as well as individuals awaiting trial. Prisons are state or federally operated facilities that house individuals convicted of more serious crimes, known as felonies.

The most extreme form of punishment is death. Execution of an offender is known as capital punishment. Like corporal punishment, capital punishment has been abolished in Ukraine.

Exercise 5.3 Read the statements. Are they true or false? Correct the false ones.

7. Criminal Punishment is imposed by the individuals who violate criminal law.

8. A fine is a kind of monetary assessment.

9. Confinement in jail or prison for a period of time is called incarceration.

10. The only reason to punish offenders is to achieve revenge against wrongdoers.

11. At present societies widely accept the law of equal retaliation.

12. No societies use the forms of harsh physical punishment nowadays.

13. Community service is one of the three types of compensation for the damage caused by their crimes.

14. Fines are often used as criminal punishment.

15. Restitution may be included as a condition of an offender’s parole program.

16. The most serious or repeat offenders are incarcerated.

17. Criminals may be incarcerated in courts or police office.

18. Both corporal and capital punishments have been abolished in Ukraine.

Exercise 5.4 Make up sentences from the words.

1. from society / or incarceration / crime prevention / Isolating criminals / is the most direct method of / through confinement.

2. penalize wrongdoers / seeks to / and transform their behavior,/ rather than / correct criminals / merely / Contemporary criminal punishment.

3. harsh physical punishment, / some societies / punishments have also / Although / evolved along with civilization / and become less cruel / still use ancient forms of.

4. contemporary punishments / In most industrialized societies, / are / or / either fines / or both / terms of incarceration.

5. refers to / requiring offenders / to financially compensate / for the damage / the offenders caused / The term restitution / the practice of / crime victims.

6. or / are incarcerated / The most serious / repeat offenders.

7. certain undesirable individuals, / such as / Some societies / with banishment or exile / criminals and political / and religious dissidents, / punish.

8. capital punishment / Opponents of / barbaric and degrading / see it as / to the dignity of the individual.

Exercise 5.5 Give the English equivalents from the text for the following word combinations:

1. Накладати покарання –

2. Порушувати закон –

3. Скоїти злочин –

4. Тілесне покарання –

5. Запобігти злочину –

6. Правомірна поведінка –

7. Неправомірні дії –

8. Грошова компенсація –

9. Суворе фізичне покарання –

10. Громадські роботи –

11. Штрафування злочинців –

12. Для того щоб сплатити штраф –

13. Компенсувати шкоду жертвам злочину –

14. Отримання відшкодування –

15. Відповідати певним умовам –

16. Страта злочинця –

17. Смертна кара –

Exercise 5.6 Match each punishment with its description.

1. Capital punishment	a) a period of time in jail
2. Corporal punishment	b) being imprisoned completely alone
3. Eviction	c) death
4. A heavy fine	d) a punishment imposed only if you commit a further crime
5. Internment	e) a large sum of money to pay i) limiting the freedom of movement esp. for political reasons
6. A prison sentence	f) whipping or beating
7. Probation	g) regular meetings with a social worker
8. Solitary confinement	h) removing (a person) from a house or land by law
9. A suspended sentence	i) limiting the freedom of movement

TEXT 6 CLASSIFICATION OF CRIMES

Exercise 6.1 Study the vocabulary:

1) embezzlement	1) розтрата
2) slander	2) наклеп (усний)
3) libel	3) наклеп (письмовий)
4) smuggling	4) контрабанда
5) assault	5) збройний напад
6) assassination	6) вбивство політичного діяча
7) treason	7) державна зрада
8) arson	8) підпал
9)extortion	9) вимагання
10) theft	10) крадіжка
11) burglary	11) крадіжка зі зломом
12)felony	12) тяжкий кримінальний злочин
13)misdemeanor	13) дрібний злочин
14)culpability	14) винуватість
15)infringe on the rights	15) порушення прав
16)act of attainder	16) законодавчий акт, що передбачає застосування покарання
17)larceny	17) крадіжка, здійснена за обтяжливих обставин
18)antitrust legislation	18) антимонопольне законодавство
19)ex post facto law	19) закон із зворотною силою
20)to ascertain	20) встановлювати
21)propriety	21) виправданість

Exercise 6.2 Read and translate the text:

Crimes are usually classified as treason, felony, or misdemeanor. The fundamental distinction between felonies and misdemeanors rests with the penalty and the power of imprisonment. In general, a misdemeanor is an offense for which a punishment other than death or imprisonment in the state prison is prescribed by law. The term “degree of crime” refers to distinctions in the culpability of an offense because of the circumstance surrounding its commission. Crimes are sometimes divided according to their nature into crimes mala in se and crimes mala prohibita; the former class comprises those acts that are thought to be immoral or wrong in themselves, or naturally evil, such as murder, rape, arson, burglary, larceny, and the like; the latter class embraces those acts that are not naturally evil but are prohibited by statute because they infringe on the rights of others (e.g. acts in restraint of trade that have been made criminal under antitrust legislation). For example, in the United States, the power to define crimes and set punishment for them rests with the legislatures of the United States, the several states, and the territories, the principal authority being that of the individual states. This power in the states is registered by the federal Constitution, e.g., in the Fourteenth Amendment and in prohibitions against acts of attainder (an act of attainder is a legislative declaration that a particular individual is guilty of a crime) and against ex post facto laws (laws that retroactively declare certain actions to be criminal). State constitutions may also limit state legislative action. The courts cannot look further into the propriety of a penal statute than to ascertain whether the legislature has the power to enact it. Administrative rules may have the force of law, and violations of such rules are punishable as public offenses, provided that the legislature has made such violations misdemeanors.

Exercise 6.3 Read the statements. Are they true or false? Correct the false ones.

1. The fundamental distinction between felonies and misdemeanors is in the type of punishment.

2. The term “degree of crime” refers to distinctions in the culpability of an offense because of the person committing this crime.

3. Crimes mala in se are thought to be naturally evil.

4. Crimes mala prohibita include murder, rape, arson, burglary, larceny etc.

5. In the United States, the power to define crimes and set punishment for them rests with the judiciary of the United States.

6. The federal Constitution restricts the power of the state to define laws.

7. State constitutions may also limit state legislative action.

8. The violations of administrative rules are not punishable as public offenses.

Exercise 6.4 Match the following crimes with their definitions:

1.Embezzlement	a) the crime of taking for personal use money or property that has been given on trust by others, without their knowledge or permission
2. Slander	b) trying to find out secrets by illegal means
3. Libel	c) the killing of somebody, especially a political leader or other public figure, by a sudden violent attack
4. Smuggling	d) the crime of entering a building to commit a felony, usually theft
5. Assault	e) the crime of carrying goods into a country secretly because they are illegal or in order to avoid paying duty on them
6. Assassination	f) betraying your country to a foreign power
7. Treason	g) the crime of obtaining something such as money or information from somebody using force, treats, or other unacceptable methods
8. Murder	h) a violent physical or verbal attack
9. Arson	i) the act or an instance of illegally taking something that belongs to somebody else, especially by using force, treats, or violence
10. Extortion	j) killing somebody intentionally
11. Robbery	k) the crime of setting fire to a building
12.Theft	l) the act or crime of stealing somebody else’s property
13.Burglary	m) the offense of saying something false or malicious that damages somebody’s reputation
2) 14.Espionage	n) the offense of writing or publishing something false or malicious that damages somebody’s reputation

Exercise 6.5 How well do you know phrasal verbs on the topic “Crimes and Punishment”? Read the definitions and choose the corresponding phrasal verbs.

1. To get into a building or car using force is to _____.

b) break out b) break down c) break in

2. To steal money from a bank by using force is a _____.

b) Hold in b) hold down c) hold up

3. To steal or take something without asking is _____.

b) run off with b) do without c) do over

4. To hurt someone badly by hitting or kicking is to _____.

b) pull tem over b) beat them up c) put one over

5. To kill someone in informal English is to _____.

11) do away b) have away c) stay

6. To destroy something with a bomb is to _____.

k) beat it up b) blow it up c) knock it over

7. To take the criminal to the police is to ______.

a) turn them over b) turn them in c) turn them down

8. To put someone in prison is to ____.

a) lock them up b) do them in c) blow them up

9. To not punish someone for their crime is to _____.

a) give them over b) let them off c) put them away

10. To succeed in not being punished for a crime is to _____ it.

a) get away with b) make off with c) pick through

Ex. 6.6 Do the Crime and Punishment Quiz (the British Style):

1. Which of the following European countries has the highest prison population per head?

A: Germany B: France

C: England and Wales D: Sweden

2. How often does a crime take place in England and Wales?

A: Every two seconds B: Every 5 seconds

C: Every 12 seconds D: Every 20 seconds

3. Who is most likely to be a victim of violent crime by a stranger?

A: Old ladies B: Old men

C: Young women D: Young men

4. What is the average sentence length for a 21-year -old rapist?

A: Four and a half years B: Six years

C: Eight and a half years C: Ten years

5. Approximately how many children a year are separated from their mother by prison?

A: 13,000 B: 9,000

C: 5,000 D: 20,000

6. Ruth Ellis was the last woman to be executed in Britain at Holloway Prison. When was she hanged?

A: 13 July 1955 B: 14 March 1926

C: 15 August 1967 D: 16 September 1905

TEXT 7 CRIMINAL TRIAL

Exercise 7.1 Study the vocabulary:

1) felony charges	1) обвинувачення у скоєнні тяжкого злочину
2) to select by lot or chance	2) обирати жеребом або випадково
3) circumstantial evidence	3) непрямий доказ
4) closing arguments	4) заключні дебати сторін
5) applicable points of law	5) застосовані питання права
6) favorable evidence	6) докази на користь
7) petit jury	7) мале журі, суд присяжних
8) trial	8) судовий розгляд, слухання справи
9) plead not guilty	9) не визнавати себе винним
10) bench trial	10) суд без участі присяжних
11) opening statement	11) вступна промова
12) physical evidence	12) речові докази
13) testimonial evidence	13) свідчення свідка
14) witness	14) свідок
15) defense counsel	15) захисник
16) cross-examination	16) перехресний допит
17) redirect examination	17) допит свідка стороною, що його виставила, після перехресного допиту
18) case-in-chief	18) версія, висунута стороною під час допиту викликаних нею свідків
19)recess	19) перерва в засіданні
20)mistrial	20) судовий процес, у ході якого допущені порушення закону
21) acquit	21) виправдовувати (за судом); виносити виправдувальний вирок; звільняти (від відповідальності)
22) termination of the trial	22) завершення судового розгляду

Exercise 7.2 Read and translate the text:

The USA’s common law heritage makes it possible for all the state to follow in criminal trials a uniform set of procedures. They have developed over centuries.

It is the function of the trial court to find and express the judgment, under law as to the guilt or innocence of an accused person. Defendants who plead not guilty to felony charges can opt for either a jury or a bench trial. In most cases, a defendant chooses to stand trial before a judge sitting alone. It is called a bench trial.

If he chooses a jury trial the first step is the jury selection (which is called the petit jury). Jury members are ordinary selected by lot or chance, from a master list of persons in the community where the trial will take place.

After a jury has been seated, the trial begins with an opening statement by a prosecutor, which is an attempt to tell the jury what crime the defendant is charged with. The defense may then make its own opening statement.

Next the prosecutor presents his or her evidence against the defendant – physical evidence such as fingerprints; testimonial evidence of witnesses or experts; eyewitness evidence; and any circumstantial evidence. This is done by calling witnesses and questioning them (direct examination).

After each witness for the prosecution has testified, defense counsel may carry out a cross-examination in order to test the truth of what each witness says. The prosecution then is allowed to question the witnesses again on redirect examination in order to give the witnesses an opportunity to clarify any issues raised in the cross examination.

At the next stage (defense case-in-chief) the defendant through his attorney introduces witness or other evidence that favor the defendant’s claim of being not guilty. The defense may begin with opening statements. Then all the defense witnesses are examined and cross-examined. There may be some further witnesses called by both sides.

At this point a recess is taken in the proceeding to allow the judge to prepare instructions to the jury, and the attorneys of both prosecution and defense prepare their closing arguments. In their closing arguments, the two opposing lawyers present a summary of their case to the jury, emphasizing the evidence that is most favorable to their side.

After the closing statements the judge instructs the jury in the applicable points of the law, in the nature and meaning of evidence they have seen or heard. Then the jury retires to a private room to deliberate the guilt or innocence of the accused. If the agreement is reached, they return to the courtroom where their decision will be announced.

The defendant is asked to stand to hear the verdict of the jury. The judge is then to determine the sentence. If the jury cannot reach a verdict the judge declares a mistrial. If this happens, the defendant may be tried for the same offense again before a different jury. If the defendant is found not guilty by the jury he is acquitted. If the verdict is guilty the defense council brings out those facts which should be considered by the court before the sentence is announced by the judge.

In a case tried before a judge sitting alone, the decision of the judge constitutes a termination of the trial.

Дата добавления: 2015-10-29