Judges and juries

out-of-court settlements – полюбовное соглашение;

ineligible (adj.) – не подходить, неподходящий;

prejudice (n.) - предубеждение;

preconceived opinion – предвзятое мнение;

incapable (a.) - не способный;

attorney (n.) - адвокат;

to render (v.) - исполнять;

felon (n.) - преступник;

impartial (adj.) - беспристрастный, справедливый;

preconceived (adj.) – заранее сложившийся, предвзятый (о мнении).

Judges and juries are essential parts of our legal system. The judge presides over the trial and has the duty of protecting the rights of those involved. Judges also make sure that attorneys follow the rules of evidence and trial procedure. In nonjury trials, the judge de­termines the facts of the case and renders a judgment. Injury trials, the judge is required to instruct the jury as to the law involved in the case. Finally, in criminal trials in most states, judge’s sentence indi­viduals convicted of committing crimes.

The right to trial by jury is guaranteed by the Sixth and Seventh Amendments to the Constitution. This right applies in both federal and state courts. However, a jury is not required in every case. Juries are not used as often as one might think. In civil cases, either the plaintiff or the defendant may request a jury trial. In criminal cases, the defendant decides whether there will be a jury. Many civil cases result in out-of-court settlements or trials by a judge. Most criminal cases are never brought to trial. Instead, they are disposed of by a pre-trial agreement between the government (prosecutor) and the defendant, known as a plea bargain.

If a jury trial is requested, a jury is selected and charged with the task of determining the facts and applying the law in a particular case. To serve on a jury, you must be a U.S. citizen, eighteen years old, and a resident of the state. As citizens we have a duty to serve on juries. At one time, people from certain occupations were exclud­ed from jury service. These included members of the clergy, attor­neys, physicians, police officers, fire fighters, and persons unable to undertake juror tasks because of mental or physical disability. In many places, these persons are no longer excluded. Convicted felons are usually ineligible for jury service. Once selected, jurors are assigned to specific cases after being screened through a process known as voir dire examination. In this process, opposing lawyers question each prospective juror to discover any prejudices or preconceived opinions concerning the case. After questioning each juror, the opposing attorneys may request the re­moval of any juror who appears incapable of rendering a fair and im­partial verdict. This is called removal for cause. In addition, each attorney is allowed a limited number of peremptory challenges. This means the attorneys can have prospective jurors removed with­out stating a cause.

Ex. 1. Find the equivalents for the following words and expressions in the text:

предварительная проверка допустимости лица в суд в качестве свидетеля или присяжного заседателя, отстранение от должности на законном основании, отвод без указания причины (в уголовных делах), сделка о признании вины (в наименее тяжком из вменяемых обвинением преступлений), предубеждение, предвзятое мнение

Ex. 2. Match the words on the left with the correct definition on the right:

Дата добавления: 2015-11-14