Individual work

Module 2.2

Legal professions

The devil’s advocate

I. PRE-VIEW ACTIVITIES

Task 1. In groups, discuss the following questions and give reasons for your answers:

1) What does a job of a lawyer involve? What personal qualities are necessary for this profession?

2) Is it necessary to be ambitious to become successful as a lawyer? Why?

3) Can vanity prevent a person from being successful? Why?

4) Is it important for a lawyer to be fair and impartial? Why?

5) Should a lawyer always be honest? What would you prefer: to be honest or to tell lies if it is necessary for the interests of your client?

Task 2.

a) Duncan Ritchie, a barrister, is talking to a visiting group of young European lawyers about criminal justice and criminal proceedings.

A Criminal justice

‘The state prosecutes those charged with a crime. The police investigate a crime and may apprehend suspects and detain them in custody. If the police decide an offender should be prosecuted, a file on the case is sent to the Crown Prosecution Service (CPS) – the national prosecution service for England and Wales. The CPS must consider whether there is enough evidence for a realistic prospect of conviction, and if so, whether the public interest requires a prosecution. They can decide to either go ahead with the prosecution, send the case back to the police for a caution, or take no further action. Criminal proceedings can be initiated either by the serving of a summons setting out the offence and requiring the accused to attend court, or, in more serious cases, by a warrant of arrest issued by a Magistrates’ Court. Lawyers from the CPS may act as public prosecutors. The Criminal Defence Service provides legal aid, which funds the services of an independent duty solicitor who represents the accused in the police station and in court. However, at the end of a Crown Court case the judge has the power to order the defendant to pay some or all of the defence costs.’

Note: If Green is prosecuted for a crime, the ensuing trial will be called the case of R v Green. R is the abbreviation for the Crown (Regina for a Queen or Rex for a King); v (Latin for versus) is said ‘against’ in a criminal case.

B Categories of criminal offence

‘There are three categories of criminal offence. Summary offences, tried without a jury, are minor crimes only triable in the Magistrates’ Court. Indictable offences are serious crimes, such as murder, which can only be heard in the Crown Court. The formal document containing the alleged offences, supported by facts, is called the indictment. A case which can be heard in either the Magistrates’ Court of the Crown Court, such as theft or burglary, is triable either way. If the defendant pleads guilty, the Magistrates’ Court can either proceed to sentence or commit to the Crown Court for sentence, where more severe penalties are available. If there is a not guilty plea, the court can decide the mode of trial. The person charged may request a trial by jury. If granted, such trials take place in the Crown Court.’

Note: indictable offences are also known as notifiable offences in the UK.

C Criminal court proceedings

‘The English system of justice is adversarial, which means that each side collects and presents their own evidence and attacks their opponent’s by cross-examination. In a criminal trial, the burden of proof is on the prosecution to prove beyond reasonable doubt that the accused is guilty. A person accused or under arrest for an offence may be granted bail and temporarily released. However, bail may be refused, for example if there are grounds for believing that the accused would fail to appear for trial or commit an offence. In the Crown Court, there may be a preparatory hearing for a complex case before the jury is sworn in. Prior to the trial, there is a statutory requirement for disclosure by the prosecution and defence of material relevant to the case, for example details of any alibis – people who can provide proof of the accused’s whereabouts at the time of the crime – or witnesses – people who may have seen something relevant to the crime. Once a trial has begun, the defendant may be advised by counsel to change his or her plea to guilty, in expectation of a reduced sentence. If, at the end of the trial, the court’s verdict is not guilty, then the defendant is acquitted.

b) Complete the definitions. Look at texts A and B to help you.

1. a ……. ……. ……. – a court document authorizing the police to detain someone.

2. an ……. – a written statement with details of the crimes someone is charged with

3. a ……. – a formal order to attend court.

c) Make word combinations from A, B and C using words from the box. Then use appropriate word combinations to complete the sentences below.

criminal reasonable

doubt defence

sentence proceedings

indictable costs

severe reduced

plea prospect

realistic offences

guilty penalties

1. The Crown Prosecutor considers whether there’s sufficient evidence to provide a ……. ……. of conviction.

2. There should be no conviction without proof beyond ……. ……. .

3. The Crown Court always hears ……. ……. such as manslaughter.

4. In sentencing serious crimes, courts can impose ……. ……. .

5. At the end of a trial, a defendant may be ordered to pay a contribution towards ……. ……. .

d) Replace the underlined words and phrases with alternative words and phrases from texts A, B and C. Pay attention to the grammatical context. There is more than one possibility for one of the answers.

a. Bail may be reduced and the defendant may be (1) held in police custody.

b. Alternatively, the defendant may be (2) found not guilty by the court and discharged.

c. Once proceedings have been initiated, the defendant (3) comes before the court.

d. The police formally (4) accuse the suspect in the police station.

e. If the offender pleads guilty I the magistrates’ Court, the court imposes a (5) punishment.

f. The police investigate a serious offence and (6) arrest a suspect.

g. The suspect may ask for (7) release from custody before the trial.

e) Put the sentences in d) into the correct order chronologically. Look at texts A, B and C to help you. the first stage is f .

f) Describe the process of a criminal trial in your legal system as if to a client from a different system,

Task 4. Read the proper names you are going to come through in the film.

Kevin Lomax

Mary Ann

John Milton

Christabella

Gettys

Task 5. Read the following sentences. Guess the meaning of the underlined words and expressions from the context.

1. By overruling the objection, the trial judge allows the question or evidence in court.

2. The prisoner asked permission to confer with his lawyer.

3. He was fooled into believing that he had won a lot of money

4. He didn't talk shop - that would have been uncool.

Task 6. Watch the film and be ready to describe the trials (note down the details of the layout of the courts, people in courts, court proceedings etc.).

II. POST-VIEW ACTIVITIES

DISCUSSION

Task 1. Answer the following questions:

1. What did Kevin Lomax do? What can you tell about his family?

2. Why did Kevin decide to move to New York? What did his mother think about that move?

3. What happened in Kevin’s family life after they had moved to New York? How did his career develop? What cases did he win?

4. Why was Kevin Lomax so successful in his career? Who was John Milton?

5. What did John Milton want Kevin to do? Why did he need him?

6. Why do you think John Milton said at the end of the story “Vanity is my favourite sin”?

Task 2. Imagine you are one of the people present at the trial shown at the beginning and at the end of the film. Share your impressions of the trial with one of your friends. Describe the trial using the following words and word-combinations:

judge

witness

prosecutor

attorney

to give (bear) testimony

respectable defendant

a chance for a recess

objection overruled

court officers struggling

to have smb fooled

defence exhibit

to rephrase the question

to threaten children

to make up a story

to be under oath

Task 3. Retell the story as if you were Kevin Lomax / Mary Ann. Use the following words and word-combinations:

unblemished string of victories

to set smb. free

to make a choice

to retain smb’s services

never to lose a case

to have bad feeling

to spend five years listening to juries deliberate

to offer a job

an aging, hipster plutocrat

to quit the case

to be a little bit more involved with someone else

to have to volunteer

to make a decision

a lawyer with a crisis of conscience

VOCABULARY AND GRAMMAR

Task 1.

a) Match the criminals 1-8 to the definitions a-h, then make sentences as in the example.

1 c burglar 5 _ kidnapper

2 _ smuggler 6 _ hijacker

3 _ shoplifter 7 _ thief

4 _ arsonist 8 _ forger

a sets fire to buildings/ forests/ etc on purpose

b takes someone by force and doesn’t release them until a ransom is paid

c breaks into a building in order to steal things

d copies works of art / documents/ signatures/ etc to deceive people

e takes things into or out of a country illegally

f steals things from a shop while pretending to be a customer

g illegally takes control of a plane or other vehicle using force

h steals another person’s property

e.g. A burglar breaks into a building in order to steal things

b) Give the name of the crime and the verb related to each of the criminals above.

e.g. burglar – burglary – to burgle

Task 2.

a) Underline the correct word or phrase, then use your dictionary to help you explain the meaning.

Car thief claims innocence

24-year-old Sam Thorn of Leeds was 1) charged with / sentenced to 5 years in prison yesterday for car theft.

After Thorn was stopped for 2) speeding / skidding last July, the police discovered that the car which he was driving was stolen.

Although Thorn pleaded not guilty at his 3) court / trial, there were three 4) statements / witnesses who saw him smash the window of the car and drive it away.

Thorn told the 5) judge / trial that it was his car but he had lost his keys. Unfortunately, he could not produce 6) defense / proof that the car was his and it was discovered that the real owner had reported it 7) stolen / robbed the same day.

“I’m innocent” is all Thorn would say to the reporters outside the 8) courtroom / courtyard.

b) Match the columns to make correct sentences.

He was charged	for murder
He was robbed	out of his money
He was accused	of assault
He was sentenced	with burglary
He was cheated	to two years’ imprisonment
He was tried	of a family heirloom

Task 3. Complete the text by putting the verbs into the correct tense / form of the active or passive voice.

STUDENT HACKERS ARRESTED

Four high school computer hackers 1) ……. (arrest) yesterday and face charges of theft and fraud. It 2) ……. (believe) the four boys, aged between 16 and 18, 3) ……. (use) a computer Internet scheme to steal computer equipment. The boys, whose names 4) ……. (not/release) yet, 5) ……. (say) to 6) ……. (break) into a local Internet server and 7) ……. (steal) credit card numbers, which they used to go on a giant online shopping trip. Altogether, they 8) ……. (order) £20,000 worth of computer equipment before they 9) ……. (catch). The equipment 10) ……. (deliver) to vacant homes in the area, where it could 11) ……. (pick up) after school. When the boys 12) ……. (ask) why they carried out such an elaborate scheme, they said they 13) ……. (surprise) at how easy it was.

WRITING

Read the headline below, then write a news report.