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Step 2. Opening Statements. The lawyers for each side will discuss their-views of the case that you are to hear and will also present a general picture of what they intend to prove about he case. What the lawyers say in their opening statements is not evidence and, therefore, does not help to prove their cases.
Step 3. Presentation of Evidence. All parties are entitled to present evidence. The testimony of witnesses who testify at trial is evidence. Evidence may also take the form of physical exhibits, such as a gun or a photograph. On occasion, the written testimony of people not able to attend the trial may also be evidence in the cases you will hear.
Many things you will see and hear during the trial are not evidence. For example, what the lawyers say in their opening and closing statements is not evidence. Physical exhibits offered by the lawyers, but not admitted by the judge, are also to be disregarded, as is testimony that the judge orders stricken off the record.
Many times during the trial the lawyers may make OBJECTIONS to evidence presented by the other side or to questions asked by the other lawyer. Lawyers are allowed to object to these things when they consider them improper under the laws of evidence. It is up to the judge to decide whether each objection was valid or invalid, and whether, therefore, the evidence can be admitted or the question allowed. If the objection was valid, the judge will. SUSTAIN THE OBJECTION. If the objection was not valid, the judge will OVERRULE THE OBJECTION. These rulings do not reflect the judge's opinion of the case or whether the judge favours or does not favour the evidence or the question to which there has been an objection.
It is your duty as a juror to decide the weight or importance of evidence or testimony allowed by the judge. You are also the sole judge of the CREDIBILITY OF WITNESSES, that is, of whether their testimony is believable. In considering credibility, you may take into account the witnesses' opportunity and ability to observe the events about which they are testifying, their memory and manner while testifying, the reasonableness of their testimony when considered in the light of all the other evidence in the case, their possible bias or prejudice, and any other factors that bear on the believability of the testimony or on the importance to be given that testimony.
Step 4. The Instructions. Following presentation of all the evidence, the judge instructs the jury on the laws that are to guide the jury in their deliberations on a verdict. A copy of the instructions will be sent to the jury room for the use of jurors during their deliberations. All documents or physical objects that have been received into evidence will also be sent to the jury room.
Step 5. Closing Arguments. The lawyers in the closing arguments summarize the case from their point of view. They may discuss the evidence that has been presented or comment on the credibility of witnesses. The lawyers may also discuss any of the judge's instructions that they feel are of special importance to their case. These arguments are not evidence.
Step 6. Jury Deliberation. The jury retires to the jury room to conduct the deliberations on the verdict in the case they have just heard. The jury first elects a foreman who will see to it that discussion is conducted in a sensible and orderly fashion, that all issues are fully and fairly discussed, and that every juror is given a fair chance to participate.
When a verdict has been reached, the foreman signs it and informs the bailiff. The jury returns to the courtroom, where the foreman presents the verdict. The judge then discharges the jury from the case.
TASK 1. Read the texts.
TASK 2. Paraphrase the following words and expressions and explain their meanings.
1. What is the difference between the court reporter and the clerk?
2. What are the bailiffs’ duties?
3. What are the steps of a trial?
4. How is jury selected?
5. Define the word EVIDENCE. What can not be considered
an evidence?
6. Can you give examples of physical exhibits?
7. What can you tell about OBJECTIONS?.
8. What can you tell about INSTRUCTIONS?
9. Who presents CLOSING ARGUMENTS?
10. What have you learned about JURY DELIBERATIONS?
TASK 3. Discuss in the groups the following problems:
- lawyers for each side;
- intend to prove;
- to testify;
- improper objections;
- it's up to the judge;
- valid or invalid;
- to sustain the objection;
- to favour one of the sides;
- to summarize the case;
- the jury retires;
- sensible and orderly fashion.
TASK 4. Role play. Enact in English with roles on the extract “Tom Sawyer testifies” (after Mark Twain).
Situation: Muff Potter was being tried for the alleged murder of Dr. Robinson. Indian Joe’s evidence was unshaken and there was no doubt that Muff Potter would be convicted. The jury called several witnesses, Tom Sawyer among them. All the witnesses testified. But only Thomas Sawyer as a witness for the defence knew that Indian Joe was guilty.
Play participants:
- Jury (The Judge; The Counsel for the defence);
- Muff Potter;
- Indian Joe;
- Witnesses: Thomas Sawyer;
- the first witness;
- the second witness;
- the third witness;
- several witnesses;
-Thomas Sawyer.
Taking part in the play as acting characters. Add new details or make some changes.
Indian Joe tells that he had not committed the crime. His evidence seems to be unshaken. But after Tom’s testimony Joe sprang for a window
and was gone.
Muff Potter is pale, timid and hopeless. He has no convincing arguments to prove that he is not guilty.
The first false witness testifies that he had found Muff Potter washing in the brook at an early hour of the morning, that the murder was discovered and that Potter sneaked away.
The second false witness proved the finding of the knife near Dr. Robinson.
The third false witness swore that he had often seen the knife in Potter’s possession.
Several false witnesses testified to Potter’s guilty behaviour. But they were allowed to leave the stand without being cross-examined by Potter’s lawyer.
The Counsel for the defence rose and asked the Judge for permission to call.
Thomas Sawyer as a witness for the defence. He also asked Tom to produce a dead cat as the evidence.
Thomas Sawyer testified. He said that he had been hidden behind the elms in the graveyard. He confessed shyly that he had taken a dead cat with him, and Tom produced that cat as the evidence. It was checked by the Judge. The audience heard that Dr. Robinson had been killed by Indian Joe with Muff Potter’s knife while Potter lay unconscious.
The jury made the verdict of acquittal (non-guilty) for Muff Potter
TASK 5. Summarize the story.
Test 5. The Court system
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