The Trial and Presentation of Evidence
The Trial and Presentation of Evidence
A criminal trial is not significantly different from a civil trial. Your case will be tried before a jury, and the first problem for your attorney will be to see to it that the jurors are not prejudiced or biased.
Your attorney will of course question the jurors as to their attitude toward narcotics, or the mere possession of narcotics.
After the jury has been selected, the prosecutor will make an opening. He must be expected to dwell on the evils of narcotics and the importance to the public of firm and severe treatment of narcotics offenders. Your lawyer is considered to follow with a statement of your defense stressing that there is no evidence whatever directly linking you with the narcotics traffic and that you have never used narcotics or even handled them in any way.
As soon as the prosecutor offers the paper bag in evidence, therefore, your lawyer should file a motion with the court to suppress the evidence on the ground that it was illegally obtained and that its admission as evidence deprives you of your constitutional rights. For the legal arguments on the point to be submitted before the trial, the judge should turn to your lawyer and the prosecutor with such a request.
Even if the judge denies your lawyer's motion your lawyer will "take an exception" to the judge's ruling, which makes that ruling reviewable by an appellate or higher court.
If your lawyer's motion is denied, the prosecutor will put the policeman who arrested you on the witness stand and examine him directly
The policeman will tell the whole story in a manner most harmful or prejudicial to you. Your lawyer then has the opportunity to cross-examine the policeman. For your lawyer to discredit the reasons the policeman had he should do everything he can.
When the prosecution has finished presenting its case and your lawyer has completed his cross-examination of prosecution witnesses, he will normally move that the case against you be dismissed. If the judge denies the motion, as is usually the case, your lawyer will proceed to present the case for the defense.
At the end of the trial, it is customary for the prosecutor to sum up his case to the jury and for your lawyer to make a closing statement on your behalf. He may want to point out to the jury that nothing the prosecution has said or charged directly connects you with the narcotics found in the automobile you have borrowed. There is almost certainly a missing link in the case.
II. Выпишете из текста предложения с модальными глаголами и их заменителями. Подчеркнитевыражениемодальности. Предложенияпереведитеписьменно.
III. Выпишете из текста предложения, сказуемое которых стоит в
страдательном залоге. Сказуемое подчеркните, укажите его видо-временную форму. Предложенияпереведитеписьменно.
IV. Выпишете из текста предложения с инфинитивом в функции обстоятельства цели, инфинитив подчеркните. Предложенияпереведитеписьменно.
V. Выпишете из текста предложения, в которых есть сложное дополнение или сложное подлежащее. Подчеркнитеих. Предложенияпереведитеписьменно.
VI. Выпишете из текста предложения с обстоятельством цели, выраженным инфинитивным комплексом с предлогом FOR. Подчеркнитеего. Предложенияпереведитеписьменно.
VII. Выпишете из текста предложения, в которых есть конструкция THERE+BE. Подчеркнитеее. Предложенияпереведитеписьменно.
VIII. Ответьте письменно на вопросы по содержанию текста. Вопрос и ответ переведите на русский язык письменно.
1. Is a criminal trial significantly different from a civil trial?
2. What is the first problem for your attorney?
3. What will your attorney question the jurors?
4. When will the prosecutor make an opening?
5. What will your lawyer do even if the judge denies your lawyer’s motion?
6. What will the prosecutor do if your lawyer’s motion is denied?
7. When does your lawyer have the opportunity to cross-examine the policeman?
8. When will your lawyer proceed to present the case for the defence?
9. What does the prosecutor usually do at the end of the trial?
10. What is a missing link in the case?
IX. Ответьте письменно на следующие вопросы и будьте готовы
ответить на них устно. Вопрос и ответ переведите на русский язык письменно.
1. What are the steps of the criminal justice in the USA?
2. In what cases may an arrest be made without a warrant?
3. What is a felony?
4. What is the punishment for a misdemeanor?
5. May the suspect be released without being prosecuted? In what cases?
6. What does booking include?
7. Where does booking take place?
8. In what cases are summary trials held?
9. What is the purpose of preliminary hearing?
10. Who files formal charges against defendants?
11. What phases is the investigation usually divided into?
12. Are the three phases necessarily separated in time?
13. What does the identification of the criminal mean?
14. In what way is the identity of the criminal ordinarily discovered?
15. What does primarily the problem lie in if the criminal is unknown?
16. What must be done to prove the guilt of the accused?
Proving the guilt is based on evidence and witnesses.
Что необходимо сделать, чтобы доказать вину обвиняемого?
Доказательство вины базируется на доказательствах и свидетельствах.
17. What are the most important phases of a criminal investigation?
18. Why should an officer keep in mind that any article on the crime scene should be handled with great care?
19. What does the term «chain of evidence» define?
20. What types of evidence do you know?
21. What is physical evidence?
22. In what way is circumstantial evidence different from physical evidence?
23. What is the first responsibility of an officer at a crime scene?
24. What is the aim of preliminary investigation?
25. What is our militia created for?
26. How did the militia work during the history of its existence?
27. What is the aim of militia's activity?
28. What departments is militia composed of?
29. What is the main responsibility of the Criminal Detection Department?
30. What are the duties of the officers of the Criminal Investigation Department?
31. When was Interpol founded?
32. What are the tasks of Interpol?
33. What are the main bodies of Interpol?
34. Where is the General Secretariat located?
35. Whom do we call a white-collar criminal?
36. Who was the first to call public attention to the problem of white-collar crime?
37. What forms of white-collar criminality do you know?
Контрольная по английскому создана для студентов, изучающих право.
