10. What is your opinion about the trial jury?

1. Prepare your arguments for and against the jury trial.

2. Comment on the following statements:

• An eye for an eye and a tooth for a tooth.

• Judge not least you be judged.

• Everyone deserves a second chance.

Additional texts.

Text A. From the history of jury.

The exact origin of the jury system is not known. Various sources have attributed it to different European peoples. The jury is probably of Frankish origin, beginning with inquisition. Trial by jury was brought to England by the Normans in 1066.

In medieval Europe, trials were usually decided by ordeals. They believed that God intervened in them and revealed the wrongdoer and upheld the innocent. In the ordeal by water, for example, a priest admonished the water not to accept a liar. A person on trial might drown, but his innocence was proved.

In 1215, however, the Catholic Church decided that trial by ordeal was superstition, and priests were forbidden to take part. As a result, a new method of trial was needed, and the jury system emerged.

At first, the jury was made up from local people who knew the defendant. They got together only to ‘say the truth’ on the basis of their knowledge of local affairs. The word ‘Verdict” reflects this early function. The Latin word ‘veredictum” means “truly said”.

In the 14^th century the role of the jury changed: they had to decide on the basis of evidence. By the 15^th century trial by jury became the dominant method of resolving a legal issue. But only centuries later the jury began to play its modern role of deciding on the basis of what is heard in court. ³⁸

1. Make a plan to the text above.

2. Speak about the stages of the development of the jury according to your plan.

Text B. The fear of jury duty

For Americans, serving jury duty has always been a dreaded chore. There is plenty of history behind this fear. In colonial days, jurors were locked in a small room with no ventilation and were denied food and water in an attempt to inspire a quick verdict. If the jurors returned with the wrong decisions, they too were charged with a crime. As more and more laws were passed, the rules of evidence expanded and trials became longer, which resulted in more technical and increasingly boring hours for jurors. Trial lawyers have tried to change the boredom by replacing endless hours of testimony with computer animation, video reconstructions, color chats and graphics to better explain the evidence.

The judicial system depends on jurors. The United States Constitution guarantees its citizens the right to a trial by jury of their peers. When summoned for jury duty, Americans should look upon it as an opportunity to serve their country, their community, and their fellow citizens.

Each year, over 5 million American are summoned for jury duty to render verdicts in approximately 120,000 trials.

Prospective jurors are chosen at random from voter registration lists. When people are chosen for jury duties they are often shown a video tape explaining the jury system or given a “Handbook on Jury Service”. ³⁹

Answer the following question:

1. Why have Americans always feared the jury service?

2. In what conditions were jurors kept in colonial days? Why?

3. How has the trial procedure changed through the years?

4. Why is the right to the jury trial considered to be so important for the US citizens?

Text C.

Discuss.

1. Why is New York City famous? Think about the people, the lifestyle, how New York City appears in films, etc.

2. What was New York City like a few years ago/a hundred years ago? How do you think it has changed?

3. Have you ever been to New York City? Would you like to go/go back? Why/ Why not?

4. Do you know any other names for New York City?

Read about some changes in New York City.

New York used to be a city that never sleeps. These days it’s the city that never smokes, drinks or does anything naughty (at least not in public). The Big Apple is quickly training into the Forbidden Apple.

If you wanted a glass of wine with your picnic in Central Park, could you have one? No chance. Drinking alcohol in public isn’t allowed. If you decided to feed the birds with the last crumbs of your sandwich, you could be arrested. It’s illegal. If you went to a bar with a drink and a cigarette, that would be OK, wouldn’t it? Er…no. You can’t smoke in public in New York City.

What’s going on? Why is the city that used to be so open-minded becoming like this? The mayor of New York is behind it all. He has brought in a whole lot of new laws to stop citizens from doing what they want, when they want.

The press is scandalized. Even the New York police have joined the argument. They recently spent $100,000 on a “Don’t blame a cop” campaign. One New York police officer said, “we raise money for the city by giving people fines for breaking some very stupid laws. It’s all about money”.

The result is a lot of fines for minor offences. Yoav Kashida, an Israeli tourist, fell asleep on the subway. When he woke up, two police officers fined him because he had fallen asleep on two seats (you mustn’t use two seats in the subway). Elle and Serge Schroitman were fined for blocking a driveway with their car. It was their own driveway.

The angry editor of Vanity Fair magazine, Graydon Carter, says, “Under New York City law it is acceptable to keep a gun in your place of work, but not an empty ashtray”. He should know. The police came to his office and took away his ashtray.

But not all of new York inhabitants are complaining. Marcia Dugarry, 71, said, “the city has changed for the better. If more cities had these laws, America would be a better place to live.” Nixon Patotkis, 38, a barman, said, “I like the new laws. If people smoked in here, we’d go home smelling the cigarettes”.

Recent figures show that New York now has fewer crimes per 100,000 people than 193 other US cities. And it’s true – it’s safer, cleaner and more healthy than before. But let’s be honest – who goes to New York for its clean streets?

Mark the statements true (T) or false (F).

1. Some activities have recently become illegal in New York.

2. It is now illegal to smoke or drink alcohol anywhere in New York.

3. Eating sandwiches in the park is illegal.

4. The police like the new laws.

5. It is illegal to sleep in the subway

6. Elle and Serge Schroitman were fined because they parked in the wrong place.

7. The editor of Vanity Fair magazine thinks some of the new laws are stupid.

8. Some people like the new laws.

9. New York is now clean and safe compared to in the past.

Listening: Jury Duty: Rules and Expectations

Listen to the court pamphlet. Mark the following statements as true (T) or false (F).

1. __ A judge asks potential jurors questions to check if they are biased.

2. __ Juror’s answers are recorded by an employee of the court.

3. __ Every person that reports for jury duty listens to a trial.

Match the words (1-6) with the definitions (A-F).

1. ___ clerk of the court

2. ___ court reporter

3. ___ defense

4. ___ prosecution

5. ___ juror

6. ___ bailiff

A the side of a case that attempts to prove innocence

B the side of a case that attempts to prove guilt

C a person who assists a judge

D an officer who keeps order in court

E a person who types everything that is said in court

F a person who listens to a trial and decides if a defendant is guilty or not

Tick the sentence that uses the underlined part correctly.

1 ___ A The proceedings took place in the courtroom on the second floor.

___ B The defense brought the lawsuit against the corporation.

2 ___ A The judge took his seat in the jury box when the trial started.

___ B Judge Williams is presiding over the upcoming trial.

3 ___ A Mary isn’t going to be at work because she has jury duty.

___ B The bailiff typed the attorney’s words very quickly.

4 ___ A The court reporter sat at the table with her client and waited to the trial to start.

___ B The attorney stood close to the jury box as he made his argument to the jurors.

Listen to the conversation between a judge and a defense attorney and choose the correct answers.

1. What is the conversation mostly about?

A removing a juror

B questioning a juror

C selecting a new juror

D protesting a juror’s decision

2. What is the judge’s opinion?

A He thinks young people often commit crimes.

B He plans to release the defendant.

C He doubts the juror would be unfair.

D He agrees with the attorney’s arguments.

Listen again and complete the conversation.

Attorney: Your Honor, I don’t believe that 1_____ four should sit for this trial.

Judge: For what 2_____ ?

Attorney: One of his answers to my questions. He believes that young people are more likely to commit crimes these days.

Judge: And you are worried that he will be 3______ toward the defendant?

Attorney: Yes. My client is only seventeen years old.

Judge: The 4_____ has a point. We’ll release him.

Attorney: Thank you, Your Honor.

Judge: We’ll continue the 5_____ after the 6______ of the court calls in another juror.⁴⁰

Writing

Some people consider the jury trial a feature of a democratic society, while the others are sure that jurors, being unprofessional people, cannot be impartial and make valid decision. Formulate your understanding of advantages and disadvantages of the jury system.