What Happens During the Trial

Courtroom Personnel

In addition to the lawyers and the judge, three other people will play an important role in the trial. The COURT REPORTER, who sits close to the witnesses and the judge, puts down every word that is spoken during the trial and also may record the proceedings on tape. The CLERK, who sits right below the judge, keeps track of all documents and exhibits and notes down important events in the trial. The BAILIFF helps to keep the trial running smoothly. The jury is in the custody of the bailiff, who sees to the jurors comfort and convenience and helps them if they are having any problems related to jury service.

Events in a trial usually happen in a particular order, though the order may be changed by the judge. The usual order of events is set out below.

Step 1: Selection of the Jury.

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 the case. What the lawyers say in their opening statements is not evidence and, therefore, does not help 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 10. Paraphrase the following words and expressions and explain their meanings.

- lawyers for each side;

- intend to prove;

- to testify:

- improper objections;

- it'sup 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 11. Answer the questions.

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 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 12. Read the text carefully and comment on the advice given to jurors. Be ready to explain the relevance of each item.

Do's and Don'ts for Jurors

Дата добавления: 2014-12-29