SELECTION OF THE TRIAL JURY

TASK 1. Read the following text and write down Ukrainian equivalents for the words and expressions in bold type:

The first step in the selection of the trial jury is the selection of a 'jury panel'. When you are selected for a jury panel you will be directed to report, along with other panel members, to a courtroom in which a case is to be heard once a jury is selected. The judge assigned to that case will tell you about the case and will introduce the lawyers and the people involved in the case. You will also take an oath, by which you promise to answer all questions truthfully. Following this explanation of the case and the taking of the oath, the judge and the lawyers will question you and the other members of the panel to find out if you have any personal interest in it, or any feelings that might make it hard for you to be impartial. This process of questioning is called Voir Dire, a phrase meaning "to speak the truth".

Many of the questions the judge and lawyers ask you during Voir Dire may seem very personal to you, but you should answer them completely and honestly. Remember that the lawyers are not trying to embarrass you, but are trying to make sure that members of the jury do not have opinions or past experiences which might prevent them from making an impartial decision.

During Voir Dire the lawyers may ask the judge to excuse you or another member of the panel from sitting on the jury for this particular case. This is called challenging a juror. There are two types of challenges. The first is called a challenge for cause, which means that the lawyer has a specific reason for thinking that the juror would not be able to be impartial. For example, the case may involve the theft of a car. If one of the jurors has had a car stolen and still feels angry or upset about it, the lawyer for the person accused of the theft could ask that the juror be excused for that reason There is no limit on the number of the panel members that the lawyers may have excused for cause.

The second type of challenge is called a peremptory challenge, which means that the lawyer does not have to state a reason for asking that the juror be excused. Like challenges for cause, peremptory challenges are designed to allow lawyers to do their best to assure that their clients will have a fair trial. Unlike challenges for cause, however, the number of peremptory challenges is limited.

Please try not to take offence if you are excused from serving on a particular jury. The lawyer who challenges you is not suggesting that you lack ability or honesty, merely that there is some doubt about your impartiality because of the circumstances of the particular case and your past experiences. If you are excused, you will either return to the juror waiting area and wait to be called for another panel or will be excused from service, depending on the local procedures in the county in which you live.

Those jurors who have not been challenged become the jury for the case. Depending on the kind of case, there will be either six or twelve jurors. The judge may also allow selection of one or more alternate jurors, who will serve if one of the jurors is unable to do so because of illness or some other reason.

TASK 2. Find in the texts above the following words and expressions and match them on the left with the appropriate definition on the right.:

Assure	a sworn declaration that one will tell the truth, esp. in a court of law
Challenge	a list of available jurors or a jury
Assign	a light examination of evidence by a judge, typically before a jury, in order to decide guilt in a case of criminal or civil proceedings
Oath	to have (nurse) a grievance (against)
Panel	an objection regarding the eligibility or suitability of a jury member
Burglary	entry into a building illegally with intent to commit a crime
Fair trial	secure the future payment of (an amount) with insurance
Take offence	a person who gives a verdict on (someone) in court
Felony	a person to whom a right or liability is legally transferred
Judge	the crime of betraying one's country
Treason	the most serious crime, and it usually punishable by imprisonment for more than one year or by death

TASK 3. Answer the following questions:

1. What is the aim of Voir Dire?

2. What does the procedure of Voir Dire consist of?

3. What is challenging a juror?

4. What are the types of challenge?

5. Why is the number of peremptory challenges limited?

6. What aims do lawyers pursue while challenging jurors?

7. What is the number of jurors sitting on a case?

8. Who are alternate jurors?

Unit 7

<== попередня сторінка	\|	наступна сторінка ==>
Legal terms to be memorized	\|	ADMINISTRATIVE LAW

Не знайшли потрібну інформацію? Скористайтесь пошуком google:

Генерація сторінки за: 0.005 сек.