: English for Law Students. 2 year. Part 2 - ( ..)

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: 1724


Unit 5 evidence in trial trial motions

A. GETTING STARTED. COMMUNICATION POINT

A1. Work in pairs. Discuss what things, phenomena, facts, etc. van be considered as evidence in court? Discuss what evidence presented during a trial are admissible? Inadmissible?

B. READING POINT

B1. Study the words below and try to memorize them.

KEY VOCABULARY

testimony

finger-print

direct examination

cross-examination ( )

discredit |

redirect examination

self-incrimination, ;

witness stand entitle1) 2) ; suppress1) ; ; 2) , ,

search1) ; | ; 2)

torture, | ,

inadmissible

rest ..

a verdict of acquittal ; ;

,

premise confession; ;

motion for judg(e)ment of acquittal ; directed verdict ,

beyond a reasonable doubt

B2. Read the text and be ready to do the tasks below.

Evidence

The evidence presented by the prosecution or by the defense may consist of

the oral testimony of witnesses, documentary evidence, and physical evidence, such as a murder weapon with the defendant's fingerprints on it. During direct examination, the oral testimony of witnesses is first presented by the party (prosecution or defense) who called the witness. The witness is then subject to a cross-examination, in which the opposing party attempts to discredit the testimony or demonstrate that it is incomplete. Following crossexamination, the original party may conduct a redirect examination of the witness in order to explain away matters brought out on cross-examination. The opposing party may then recross-examine the witness.

The privilege against self-incrimination allows the defendant to decline to take the witnessstand in his or her own defense. It also generally entitles the defendant to have the judge instruct the jury that failure to testify shall not be taken as evidence of guilt. The prosecution must not knowingly use perjured (false) testimony against the defendant or suppress evidence favorable to the defendant. Generally speaking, the prosecution may not use evidence obtained in violation of the defendant's constitutional rights. For example, evidence collected during an unreasonable police search or confessions obtained by torture are inadmissible at the trial to prove the defendants guilt.

Trial Motions

When all of the prosecution's evidence has been presented and the

prosecution rests its case, the defense often asks the trial judge to direct the jury to return a verdict of acquittal. The defenses motion for a directed verdict is based on the premise that the prosecution's evidence, even when viewed in the light most favorable to the prosecution, fails to prove that the defendant committed the crime charged. If the motion is granted, the

defendant is acquitted. If it is denied, the defendant may then present evidence in opposition to the prosecution's evidence. After the defense reststhat is, finishes presenting its evidencethe defendant may renew the motion for a directed verdict. If the judge again denies the motion, the case goes to the jury after the judge provides instructions concerning the applicable law.

Burden of Proof

In criminal cases, the defendant is presumed innocent until the prosecution proves each element of the crime beyond a reasonable doubt. Thus, the law requires the jury to acquit the defendant unless it is convinced of the defendant's guilt beyond a reasonable doubt. The jury in a criminal case may not convict on a finding that the defendants guilt is more likely than not. On the other hand, the law does not require absolute certainty. The standard for determining guilt is somewhere in between these two standards of proof.

B3. Answer the questions to the text.

1. What does the evidence presented by either prosecution or defense consist

of?

2. What is the difference between direct examination and cross-examination?

3. Which evidence may not be used by the prosecution? Give examples.

4. When does the defense ask the trial judge to direct the jury to return a verdict of acquittal?

5. Until when is the defendant presumed innocent?

B4. Find these phrases and expressions in the text.

a)

b) , c)

d) ;

e)

f) 堠 ⠠ 蠠 , 堠

g) h) ,

B5. Fill the gaps with an appropriate word from the list.

1. The grand jury today heard

from numerous witnesses.

a) testing b) testimony c) testify

2. In court, a

said he had seen O'Grady punch the woman in the face.

a) witness b) speaker c) presenter

3. Evidence depends upon witnesses and, to some extent, their credibility is

dependent upon their performance in the .

a) visitors stand b) witness stand c) witness chair

4. The militias have been known to use

to get people to confess.

a) tornado b) torture c) torment

5. Lawyers for the defense tried to

her testimony.

6. In a

a) discredit b) accredit c) disregard made to police shortly after his arrest, Davis said he had

killed the victim with a kitchen knife

a) confusion b) confession c) confront

7. The defense presented some new neighbor.

from the victim's next-door

a) evidence b) evaluations c) evils

8. Each of the three

was convicted of conspiracy to commit murder.

9. The

a) defenders b) defenses c) defendants said it was a miracle she did not start an inferno.

a) prosecution b) motion c) instruction

10. Instead of being voluntary manslaughter.

of first-degree murder, Mitchell got six years for

a) conviction b) convicted c) acquitted

B6. COLLOCATION: EVIDENCE

Study the following collocations with the word evidence. Make up sentences of your own.

COLLECT

PRESENT

UNCOVER

FIND

EVIDENCE

GIVE

PRODUCE

HEAR

PROVIDE

B7. WORD FORMATION. Complete the text forming the nouns from the verbs in brackets.

Interrogation of Suspects and Witnesses

One of the chief means of determining the facts in any police matter is the

questioning of those involved, whether alleged 1

(offend), victims,

witnesses, or bystanders. 2_

(rely) on questioning is hampered by trying

to determine if the 3

(respond) is telling the truth, is being evasive, or

has a faulty memory. In the United States alleged offenders must be read the

Miranda 4_

(warn), telling them their right to remain silent, their right to

have an attorney, and the fact that anything they say may be used against them in court. This warning gets its name from the United States Supreme

Court 5_

(rule) in the case Miranda vs. Arizona (1966) on 6

(procede) of police 7

(interrogate).

The lie 8

(detect), or polygraph, monitors and records bodily changes

that reflect a person's emotional condition during questionning. The first modern polygraph was made in 1921 by John A. Larson, a medical student at the University of California. It was capable of a simultaneous recording of

blood pressure, pulse, and breathing rate. Later 9

(modify) allowed the

machine to record the flow of electrical current between two different parts of the body (called the psychogalvanic skin reflex). The lie detector has been used by police forces since 1924, but there is still no agreement on its

10 (rely). The device has proved valuable to police in some

interrogations and in providing investigative leads, but its evidence is rarely admissible in court. During the 1970s police departments began experimenting with hypnosis as a means of interviewing witnesses. It has

proved effective in getting witnesses to give accurate 11

(describe) of

criminals, of events immediately preceding accidents, and details of violent sexual attacks.

B8. Supply the table with the missing word forms.

noun

verb

adjective

applicable

instruct

opposition

matter

following

explain

original

examination

complete

direction

E. READING AND COMPREHENSION

E1. Divide into pairs. You both have identical texts marked A and B and both of you have some bits of information missing. Prepare the questions to be asked in writing. Student A works with text A and student B with text B. Ask each other questions and get the texts restored in full.

TEXT A. DREYFUS CASE

The Dreyfus Affair was a political scandal which

divided France during the 1890s and early 1900s. It involved the wrongful conviction of Jewish military officer Alfred Dreyfus (1859-1935) for treason. France had pioneered Jewish emancipation, granting of full civil

rights in 1791. Jews could then

integrate, if they chose, into French society.

, and fully

The trial started on Dec. 19, 1894, and lasted four days. The accused was the highest-ranking Jewish artillery officer Capt. Alfred

Dreyfus, who was charged with

in Paris. The evidence was a

single piece of paper found in the waste-paper basket listing secret documents that had been turned over to the Germans. The handwriting on the document was declared to be that of Captain Dreyfus.

The trial was the most explosive affair ever to disrupt the French Third

Republic.

were, at the time, the two most anti-Semitic nations in

Europe, and Dreyfus was a Jew. The Dreyfus affair set off a wave of intense anti-Semitism in France that lasted for decades. Following Dreyfus' conviction, the idea of an international Jewish conspiracy gathered more support, against which a Jewish Defense League had been formed as early as

1886.

Why so much turmoil? Dreyfus was innocent. But the army and many political leaders were determined to convict him. He was indeed convicted,

found guilty, and sentenced to

, the French penal colony off the

coast of South America. Even before the trial he had been convicted by the press in a wave of popular hysteria against traitors in general and Jews in particular.

The minister of war, Gen. Auguste Mercier, demanded a conviction. One of his underlings, Maj. Hubert Henry, knew the evidence was weak. To improve the army's case, he created a number of forged documents, purportedly in Dreyfus' handwriting. He also swore in court that he had been told by an unimpeachable source that Dreyfus was guilty. Thus the army captain was convicted on the basis of forged evidence and false testimony.

In September of 1899, he was offered a pardon from

, which he

declined. It was not until 1906 that Dreyfus was exonerated of the charges and readmitted into the army. He was also made a knight in the Legion of Honor. Dreyfus was recommissioned to fight behind the lines of the Western Front during World War I as a Lieutenant-Colonel of Artillery though he did actually serve on the front-lines in 1917. He served his nation with distinction beyond his natural retirement age.

TEXT B. DREYFUS CASE

The Dreyfus Affair was a political scandal

which divided France during the 1890s and early 1900s. It involved the wrongful conviction of Jewish military officer Alfred Dreyfus (18591935) for treason. France had pioneered

, granting of full civil rights in 1791. Jews could then join the army, enter the professions, and fully integrate, if they chose, into French society.

The trial started

and lasted four days.

The accused was the highest-ranking Jewish artillery officer Capt. Alfred Dreyfus, who was charged with passing military secrets to Colonel German military attaché in Paris. The evidence was found in the waste-paper basket listing secret documents that

had been turned over to the Germans. The handwriting on the document was declared to be that of Captain Dreyfus.

The trial was the most explosive affair ever to disrupt the French Third Republic. Austria and France were, at the time, the two most anti-Semitic nations in Europe, and Dreyfus was a Jew. The Dreyfus affair set off a wave of intense anti-Semitism in France that lasted for decades. Following Dreyfus' conviction, the idea of an international Jewish conspiracy gathered

more support, against which

had been formed as early as 1886.

Why so much turmoil? Dreyfus was innocent. But the army and many political leaders were determined to convict him. He was indeed convicted, found guilty, and sentenced to life in prison on Devil's Island, the French penal colony off the coast of South America. Even before the trial he had been convicted by the press in a wave of popular hysteria against traitors in general and Jews in particular.

The minister of war, Gen. Auguste Mercier, demanded a conviction. One of his underlings, Maj. Hubert Henry, knew the evidence was weak. To improve

the army's case, he created

, purportedly in Dreyfus' handwriting.

He also swore in court that he had been told by an unimpeachable source that

Dreyfus was guilty. Thus the army captain was convicted on the basis of forged evidence and false testimony.

In September of 1899, he was offered a pardon from the president of France, which he declined. It was not until 1906 that Dreyfus was exonerated of the charges and readmitted into the army. He was also made a knight in the Legion of Honor. Dreyfus was recommissioned to fight behind the lines of the Western Front during World War I as a Lieutenant-Colonel of Artillery though he did actually serve on the front-lines in 1917. He served his nation with distinction beyond his natural retirement age.


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