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C Criminal court proceedings

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‘The English system of justice is adversarial, which means that each side collects and presents their own evidence and attacks their opponent’s by cross-examination. In a criminal trial, the burden of proof is on the prosecution to prove beyond reasonable doubt that the accused is guilty. A person accused or under arrest for an offence may be granted bail and temporarily released. However, bail may be refused, for example if there are grounds for believing that the accused would fail to appear for trial or commit an offence. In the Crown Court, there may be a preparatory hearing for a complex case before the jury is sworn in. Prior to the trial, there is a statutory requirement for disclosure by the prosecution and defence of material relevant to the case, for example details of any alibis – people who can provide proof of the accused’s whereabouts at the time of the crime – or witnesses – people who may have seen something relevant to the crime. Once a trial has begun, the defendant may be advised by counsel to change his or her plea to guilty, in expectation of a reduced sentence. If, at the end of the trial, the court’s verdict is not guilty, then the defendant is acquitted.

 

b) Complete the definitions. Look at texts A and B to help you.

1. a ……. ……. ……. – a court document authorizing the police to detain someone.

2. an ……. – a written statement with details of the crimes someone is charged with

3. a ……. – a formal order to attend court.

 

c) Make word combinations from A, B and C using words from the box. Then use appropriate word combinations to complete the sentences below.

 

 

criminal reasonable doubt defence sentence proceedings indictable costs severe reduced plea prospect realistic offences guilty penalties

 

1. The Crown Prosecutor considers whether there’s sufficient evidence to provide a ……. ……. of conviction.

2. There should be no conviction without proof beyond ……. ……..

3. The Crown Court always hears ……. ……. such as manslaughter.

4. In sentencing serious crimes, courts can impose ……. ……..

5. At the end of a trial, a defendant may be ordered to pay a contribution towards ……. ……..

 

d) Replace the underlined words and phrases with alternative words and phrases from texts A, B and C. Pay attention to the grammatical context. There is more than one possibility for one of the answers.

 

a. Bail may be reduced and the defendant may be (1) held in police custody.

b. Alternatively, the defendant may be (2) found not guilty by the court and discharged.

c. Once proceedings have been initiated, the defendant (3) comes before the court.

d. The police formally (4) accuse the suspect in the police station.

e. If the offender pleads guilty I the magistrates’ Court, the court imposes a (5) punishment.

f. The police investigate a serious offence and (6) arrest a suspect.

g. The suspect may ask for (7) release from custody before the trial.

 

e) Put the sentences in d) into the correct order chronologically. Look at texts A, B and C to help you. the first stage is f.

 

f) Describe the process of a criminal trial in your legal system as if to a client from a different system,

 

Task 4. Read the proper names you are going to come through in the film.

Kevin LomaxMary AnnJohn MiltonChristabellaGettys

 

Task 5. Read the following sentences. Guess the meaning of the underlined words and expressions from the context.

 

  1. By overruling the objection, the trial judge allows the question or evidence in court.
  2. The prisoner asked permission to confer with his lawyer.
  3. He was fooled into believing that he had won a lot of money
  4. He didn't talk shop - that would have been uncool.

 

Task 6. Watch the film and be ready to describe the trials (note down the details of the layout of the courts, people in courts, court proceedings etc.).

 

II. POST-VIEW ACTIVITIES

 

DISCUSSION

Task 1. Answer the following questions:

1. What did Kevin Lomax do? What can you tell about his family?

2. Why did Kevin decide to move to New York? What did his mother think about that move?

3. What happened in Kevin’s family life after they had moved to New York? How did his career develop? What cases did he win?

4. Why was Kevin Lomax so successful in his career? Who was John Milton?

5. What did John Milton want Kevin to do? Why did he need him?

6. Why do you think John Milton said at the end of the story “Vanity is my favourite sin”?

 

Task 2. Imagine you are one of the people present at the trial shown at the beginning and at the end of the film. Share your impressions of the trial with one of your friends. Describe the trial using the following words and word-combinations:

 

judgewitnessprosecutorattorneyto give (bear) testimonyrespectable defendanta chance for a recessobjection overruledcourt officers strugglingto have smb fooleddefence exhibitto rephrase the questionto threaten childrento make up a story

to be under oath

 

Task 3. Retell the story as if you were Kevin Lomax / Mary Ann. Use the following words and word-combinations:

 

unblemished string of victories

to set smb. free

to make a choice

to retain smb’s services

never to lose a case

to have bad feeling

to spend five years listening to juries deliberate

to offer a job

an aging, hipster plutocratto quit the caseto be a little bit more involved with someone elseto have to volunteer

to make a decision

a lawyer with a crisis of conscience

 

 

VOCABULARY AND GRAMMAR

 

Task 1.

a) Match the criminals 1-8 to the definitions a-h, then make sentences as in the example.

 

1 c burglar 5 _ kidnapper

2 _ smuggler 6 _ hijacker

3 _ shoplifter 7 _ thief

4 _ arsonist 8 _ forger

 

a sets fire to buildings/ forests/ etc on purpose

b takes someone by force and doesn’t release them until a ransom is paid

c breaks into a building in order to steal things

d copies works of art / documents/ signatures/ etc to deceive people

e takes things into or out of a country illegally

f steals things from a shop while pretending to be a customer

g illegally takes control of a plane or other vehicle using force

h steals another person’s property

 

e.g. A burglar breaks into a building in order to steal things

 

b) Give the name of the crime and the verb related to each of the criminals above.

 

e.g. burglar – burglary – to burgle

 

Task 2.

a) Underline the correct word or phrase, then use your dictionary to help you explain the meaning.

 




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Barristers | Which Online (Consumers Association) | The English Court System | Below is a list of tasks carried out by solicitors and barristers. Classify them into the appropriate column. | CRIME AND PUNISHMENT | Modal Verbs | Present | Exercise11. Translate into English using the verb can. | Exercise13. Translate into English using the verb must. | Exercise 22. Open the brackets using the correct form of the infinitive. Translate the sentences into Russian. |


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