Topic Activities

1. Learn the following words:

the right to counsel	право на защиту
the right to a public trial	право на открытый судебный процесс
self-incrimination	самообвинение, дача невыгодных для себя показаний
to afford an attorney	позволить себе нанять адвоката
felony charges	обвинение в совершении тяжкого пре­ступления
at the request of	по просьбе
interrogation	допрос
preliminary hearings	предварительные слушания
to reject	отказаться
to disregard a request	проигнорировать просьбу
conviction	осуждение
unanimous	единогласный
sufficient	достаточный
to acquit	оправдать
cross section of the community	срез общества
to cross-examine witnesses	подвергнуть перекрёстному допросу свидетелей
testimony	свидетельское показание
hearsay	показание с чужих слов

2. Guess the meaning of the following international words:

criminal, constitutional, public, jury, to confront, process, privilege, nuances, procedural, actual, critical, stage, identifications, effective, incompetent, to guarantee, verdict, directive, minimum, limited.

3. Read the text and answer the following questions:

1. What are the rights of a criminal defendant at trial?

2. What will the court do in case a defendant cannot afford an attorney?

3. Does it concern all charges or only felony ones?

4. Where is an attorney supposed to be present?

5. What is a defendant free to do?

6. Does the Sixth Amendment guarantee the right to a jury in all cases?

7. When must a jury verdict be unanimous?

8. What does the right to cross-examination mean?

Trial

(part 1)

At trial, a criminal defendant has a number of constitutional rights, including the right to counsel, the right to a public trial, the right to a trial by jury, the right to a fair and impartial trial, the right to confront witnesses in court, the right to compulsory process to obtain witnesses, and the privilege against self-incrimination.

There are exceptions and nuances to most of the procedural trial rights. Under the Sixth Amendment, if a defendant is indigent, or unable to afford an attorney, the court will appoint an attorney. This right applies only for felony charges and cases in which actual imprisonment may be imposed.

A criminal defendant has the right to an attorney from the first critical stage of the criminal process to the end. This means that an attorney must be present at the request of the defendant during such events as interrogation, lineup identifications after charges have been filed, preliminary hearings before the court, trial, and sentencing.

The Sixth Amendment right to counsel includes the point that a defendant's counsel must be effective and not incompetent.

A defendant is free to reject counsel and proceed by self-representation. However, a judge may disregard the defendant’s request and appoint an attorney in some cases.

The Sixth Amendment right to a trial by jury does not guarantee a jury in all cases. The right generally applies only in "serious cases" which are generally considered to be those in which conviction can result in imprisonment for more than six months. When a jury trial is not guaranteed, the trial court judge will hear the case and make a decision.

In federal court, a jury verdict must be unanimous. This directive is not applicable to the states. In some states, a vote of nine out of twelve jurors is sufficient to convict or acquit. States may even provide as few as six jurors. Six is the minimum amount, because juries should represent a cross section of the community. If a jury of six is used, the verdict must be unanimous.

Under the Confrontation Clause of the Sixth Amendment, a defendant has the right to cross-examine all prosecution witnesses at trial. Under limited circumstances, the statements of a witness absent from court may be offered through the testimony of a third party. For example, this evidence, known as hearsay, can be admitted if the statements were made under oath, the statements were subject to cross-examination by the defendant's attorney, and the witness is unavailable despite the best efforts of the prosecution.

4. Match the following English and Russian equivalents:

1) the right to cross-examine witnesses	a) осуждение, признание виновным
2) conviction	b) свидетельские показания
3) preliminary hearing	c) право на перекрёстный допрос свидетелей
4) to afford an attorney	d) оправдать
5) unanimous	e) достаточный
6) testimony	f) допрос
7) hearsay	g) суд присяжных
8) interrogation	h) позволить себе адвоката
9) to aquit	i) открытый судебный процесс
10) public trial	j) предварительные слушания
11) jury	k) показания с чужих слов
12) sufficient	l) единогласный

5. Translate the Russian words in the brackets:

1. If (подзащитный) is unable to afford an attorney, (суд) will appoint an attorney.

2. This right concerns only (тяжких преступлений).

3. An attorney must be present (по просьбе) the defendant during (допроса), lineup identifications.

4. A defendant is free (отказаться от защиты).

5. In federal court a jury verdict must be (единогласным).

6. Translate the following sentences paying attention to the structure “there is/are”:

1. According to the Constitution there are about 7 rights of a criminal defendant in the USA.

2. There are exceptions and nuances to most of the procedural rights under the constitutional amendments.

3. There is a right to an attorney from the first criminal stage of the critical process to the end.

4. When a jury trial is not guaranteed, there is a judge who makes a decision.

5. There is a minimum amount of jurors in a jury of a state – it is six.

6. There is a testimony of a third party, in a hearsay, for example.

Дата добавления: 2015-11-14