Text What happens during the trial

Pre-reading task: Read the text and match the paragraphs with their headings.

1. Presentation of evidence

2. The instructions

3. Opening statements

4. Jury deliberation.

5. Closing arguments

The usual order of the events of the trial is the following:

Step 1. Selection of the jury.

Step 2. (1) ……….. The lawyers for each side discuss their views of the case and present a general picture of what they intend to prove about the case.

Step 3……(2)…….. . 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.

During the trial the lawyers may make objections to evidence presented by the other side or to questions asked by the other lawyer. If the objection is valid, the judge sustains the objection. If the objection is not valid, the judge overrules the objection. These rulings do not reflect the judge’s opinion of the case.

The duty of the jury is to decide the importance of evidence or testimony allowed by the judge.

Step 4… (3)……….. The judge instructs the jury on the laws that are to guide the jury in their deliberations on a verdict.

Step 5……(4)………. The lawyers in the closing arguments summarize the case from their point of view. They discuss the evidence or comment on the credibility of the witnesses.

Step 6…(5)……… The jury retires to the jury room and elects the foreman. When a verdict has been reached, the foreman signs it and informs the bailiff. The jury returns to the courtroom and the foreman presents the verdict. The judge discharges the jury from the case and pronounces the sentence.

Exercise 7

Find the derivatives of these words in the text.

to defend, to prosecute, to deliberate, to object, to present, to select, credible

Exercise 8

Find words in the text which mean the following.

1. a legal action, especially one to be decided in a court of law

2. a formal meeting in a law court, at which a judge and jury listen to evidence and decide whether a person is guilty of a crime

3. a formal written or spoken statement, especially one given in a court of law

4. an official decision made by a judge or court

5. the group of people who have been chosen from the general public to listen to the facts about a crime and to decide whether the person accused is guilty or not

6. formal discussions of the jury verdict

7. the decision that is given by the jury at the end of a trial

8. a person giving testimony to a court of law

9. a person who presides over a jury and speaks on its behalf

10. the punishment that a person receives after he/she has been found guilty of a crime.

Exercise 9

Match the words to make collocations from the text.

to sustain	evidence
to pronounce	a case
to overrule	an obection
to present	a sentence
to summarize	a verdict
to reach	an objection
to discharge	a jury

Exercise 10

a) Write the correct words in the blanks.

The convicted person can appeal to a higher ___________(rtuco) against the sentence or conviction.

The prosecution proves that there is a case against the ___________ (tnafdeedn).

The jury passes a __________ (crdevti).

The parties make their _____________(gicosln) arguments.

b) Complete the sentences.

The jury is instructed by ______________________________.

Witnesses are examined and cross-examined by _______________________.

The evidence is presented by __________________________________.

The accused is formally charged with a crime by ______________________.

c) Choose the right word and fill in the blanks.

held selected made sentenced

The jury is __________________by the prosecution and defence.

Opening statements are _________________from each side.

The trial is _________.

The defendant is ________________by a judge.

d) Use a)-c) and write the stages in the correct order.

Exercise 11

Are these statements true or false?

statement	true	false
At the beginning of the trial the prosecution counsel and the defence counsel present their views of the case.
Evidence at the trial may only take the form of physical exhibits.
During the trial the judge may make objections to evidence presented by both parties.
The main function of the jury is to reach the verdict.
At the end of the trial both counsels summarize the case from their point of view.
The judge elects the foreman before the jury goes to the jury room.

Exercise 12

Answer the questions:

1. What are the steps of the trial?

2. What can be considered evidence?

3. When can objections be made?

4. Who can sustain or overrule an objection?

5. What does the judge say in the instruction?

6. Who presents closing arguments?

7. What does the jury do during the jury deliberation?