The words below can all be translated as обвинение. Although they are close in meaning they are not interchangeable because they are legal terms used to describe different stages of a criminal action.
B) Study the meaning of the words.
Charge – statement that a person has done wrong, esp. that he has broken a law. The word is the most general in meaning of all and can be used to define the other words. (обвинение)
Accusation – formal preliminary charge brought by the judge. The investigation is conducted by the police. After a formal accusation has been made the suspect becomes the accused (or defendant) and can be kept in prison before trial. (предварительное обвинение)
Complaint – formal written charge. Binds the accused over to the court for a trial. The investigation is conducted by the prosecutor. (обвинение, как письменное обвинительное заключение о возбуждении уголовного дела и передаче дела в суд)
Indictment – complaint filed by the grand jury. (обвинительный акт большого жюри о привлечении к уголовной ответственности и передаче дела в суд)
Information – complaint filed by the prosecutor. ( обвинительное заявление прокурора о привлечении к уголовной ответственности и передаче дела в суд)
Prosecution – presentation of charges against the accused in a law court. (обвинение как сторона в уголовном деле; предъявление обвинительных аргументов в суде)
Conviction – verdict of guilty. (обвинение как признание виновности; осуждение)
С) Choose the correct word from b) to fill in the gaps. Some words are used more than once.
1) Preliminary hearing is the stage in a criminal action at which a formal … is made.
2) There were several … against him.
3) A formal … is issued by either a grand jury or a prosecutor.
4) The … insisted on … but the jury returned the verdict of not guilty.
5) If the crime is very serious, a grand jury is summoned to file an …
6) If the crime is not a felony, the prosecutor issues a formal … with a filing of an …
7) The judge brought an … of theft against him.
8) The trial resulted in … and imposition of a prison sentence.
9) On that day there were five acquittals and six …
10) In criminal cases … is represented by the state.
6. READING FOR DETAIL. Read the text carefully to answer the following questions.
1) What is a criminal case?
2) What are the parties to a criminal case?
3) What is the first stage in a criminal case?
4) In what situations can a person suspected of committing a crime be arrested without a warrant?
5) What does ‘preliminary hearing’ mean?
6) Who makes a formal accusation?
7) What must be proved for a formal accusation to be made? Who collects and presents the evidence?
8) What are the two ways to issue a formal complaint? Who conducts investigation at this stage?
9) What is the difference between a grand jury and a petty jury?
10) What happens at an arraignment?
11) What party has the burden of proof in criminal actions?
12) What is the burden of proof in a criminal case?
13) Why is the burden of proof greater in a criminal case than in a civil case?
14) What does ‘presumption of innocence’ mean?
7. SPEAKING.
7.1 Explain the meaning and state the difference.
- plaintiff (civ. and crim.)
- defendant (civ. and crim.)
- complaint (civ. and crim.)
- indictment and information
- petty jury and grand jury
8. PRESENTATION. Describe the Procedure in Criminal Cases.
TEXT 3
1. BEFORE READING. Study the following words from the text you are going to read.
to try – судить
trial – суд, судебный процесс
opening statement – вступительное заявление (адвоката)
closing argument – заключительное слово (адвоката)
evidence = proof – доказательство
to prove – доказывать
t estimony – показания свидетелей
to give testimony = to testify – давать показания в суде
witness – свидетель
to object – возражать; выражать протест
objection – возражение; протест
to rule with the objection – принимать протест
to overrule the objection – отклонять протест
pleadings of the attorneys – выступления адвокатов в суде
Counsel for the Prosecution – обвинитель
Counsel for the Defense – защитник
to take over – вступать в дело
foreman – старшина присяжных
2. READING OF THE TEXT.
2.1 Read and translate the text.
Trial
The trial stage of a criminal case is similar to that of a civil case. The plaintiff’s attorney first presents an opening statement, in which he sets forth what he intends to prove before the court. He then calls witnesses, who give testimony and presents other evidence. The defendant follows the same pattern to present another side of the case.
Witnesses may be examined and cross-examined. Examination is a process by which a lawyer questions a witness who testifies by his side in the case. Cross-examination is a process by which a lawyer questions a witness who testifies by the other side.
Evidence or testimony introduced in court can be objected to. The judge may either rule with or overrule the objection. If the judge rules with the objecting party, then that evidence or testimony cannot be considered by the jury, and the jury is so instructed.
When all evidence has been presented, each party to the case gives a closing argument, the plaintiff first – leaving the last say to thedefendant. This stage of the trial is called pleadings of the attorneys. (In a criminal case, the attorney who argues against the defendant is called Counsel for the Prosecution; the lawyer who speaks for the defendant is Counsel for the Defense.)
At this point the judge and jury take over. The judge first instructs the jury concerning the various points of law involved in the case. Then the jury retires to a private room adjoining the court room where it considers the facts presented by both sides, and tries to apply these facts to the points of law as explained by the judge. When the jury reaches a decision, it returns to the courtroom and a foreman chosen by the jurors themselves delivers the jury's decision.
2.2 Answer the following questions.
1) How does the trial stage begin?
2) What does the plaintiff set forth in his or her opening statement?
3) What follows the opening statement?
4) What is the difference between examination and cross-examination?
5) Who objects during the trial?
6) Who rules with or overrules objections?
7) What happens if the judge rules with the objecting party?
8) What follows presentation of evidence?
9) What is the difference between Counsel for the Prosecution and Counsel for the Defense?
10) At what point the judge and jury take over?
11) What does the judge do first?
12) Why does the jury retire to a private room?
13) Who delivers the jury’s decision?
CHECK YOUR KNOWLEDGE.
3.1 Match the people on the left to what they do.
| 1 judge 2 witness 3 jury 4 Counsel for the Prosecution 5 Counsel for the Defense 6 defendant 7 police | a) reaches a verdict of guilty or not guilty b) controls the trial and passes a sentence c) tries to show the person on trial is not guilty d) investigate, arrest, search, question e) pleads guilty or not guilty f) gives evidence g) tries to show the person on trial is guilty |
3.2 Use the words in the box to fill in the gaps in the sentences below.
| cross-examination plaintiff pleaded acquit litigant preponderance | verdict complaint counsel for the defense presumption suit random | testimony presumed overrule damages accusation evidence | oath criminal counter-claim burden of proof rule |
1) To … smb means to find a person not guilty in a trial.
2) The job of a juror is to hear the … and to decide on the …
3) One who is engaged in a lawsuit is called a …
4) Process by which a lawyer questions a witness called to testify by the other side is …
5) Formal charge of having committed a criminal offence is an …
6) The attorney who represents the defendant is …
7) … is any statement made by a witness under … in court.
8) The party bringing the suit is called a …
9) The lawsuit is started by filing a paper called a …
10) The defendant’s innocence is … unless he is proven guilty.
11) A … case is brought by the state against a person accused of a crime.
12) If the defendant has … not guilty, the prosecution must prove his guilt beyond reasonable doubt to overcome the … of innocence.
13) If the objection is not valid, the judge will … it.
14) Claim presented by the defendant in opposition to that of the plaintiff is called a …
15) Most often in civil cases the party bringing the … is asking for money …
16) The plaintiff’s … is greater in a criminal case than in a civil case.
17) If the objection is valid, the judge will … with it.
18) The general standard of proof in a civil case is … of evidence.
19) A jury consists of twelve ordinary citizens chosen at … from voter lists.
4. PRESENTATION. Describe Trial Proceedings.
5. DEVELOPMENT. The following texts come from a handbook on jury service for the US citizens.