2020-10-10
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1. Respect the Rules of the House. Find out the do's and don'ts of the court you'll be practicing in, and follow them. Your client, your witnesses, and your colleagues need to be advised of some of these pet peeves. Every judge has likes and dislikes. A few have rules that are downright persnickety, but most make good sense. For example, all judges want everyone to turn off cell phones and pagers while court is in session; some judges don't want prosecutors bargaining on probation revocations, the judge considering this a contract between the defendant and the court; some judges get very perturbed by lawyers who wait until the last minute to raise housekeeping issues that keep prospective jurors waiting in the hallway; many judges are sensitive to discourteous conduct or bickering between opposing lawyers; they don't want anyone propping their feet on tables, chairs, or benches; they don't want lawyers sitting on tables, railings, desks, or arms of chairs; they don't want people wearing headgear or hats, including baseball caps, in their courtrooms; they don't want lawyers leaning on the bench. Almost all judges are very put off by lawyers interrupting them or opposing counsel. (Let the judge and, unless you need to protect the record, your opponent finish before getting your two cents worth in.) With regard to trials, most judges want you to be able to opine how long it will take to try the case, whether you have scheduling conflicts, whether you anticipate filing motions prior to trial, whether there is a possibility of settlement and whether there are anticipated problems that need to be resolved prior to trial. Most judges do not want you to argue your objections or respond to the other side's objections in the presence of the jury. Normally only one attorney for each party will be permitted to examine or cross-examine any one witness, and the lawyer who examines or cross-examines is typically the lawyer who will be permitted to make and respond to objections, i.e., no double-teaming on examination or objections. Many judges prefer that you not make substantive motions, e.g., motion for directed verdict, in the presence or earshot of the jury. In cases involving expert testimony, many judges do not want the proponent of the witness to ask the judge to declare the witness an expert; instead the judge prefers to leave it to the opposition to either object to the expert witness' competence or ask to voir dire the purported expert witness re his/her qualifications; only if the opposition raises an objection to the witness' qualifications to testify as an expert will the court be willing to rule that the witness is qualified. Many judges have minimal dress codes for lawyers and defendants. Some judges insist that you have a written motion for continuance prepared and filed if you are going to announce "not ready." Some will require the parties to get together in advance of trial and determine which exhibits will involve evidentiary challenges, i.e., those to which admissibility is not stipulated. Some will require regarding opening statement that counsel request and obtain prior court approval before introducing topics that may have a significant potential for unfair prejudice. Some will require that counsel meet and confer prior to the deadline for submission of instructions and make a good faith effort to agree on the submission of all non-standard instructions. Pretrial contact with jurors outside of court is prohibited everywhere. The list can go on and on. It will vary in each jurisdiction and with each judge. In addition to using your common sense, it's up to you to ask around and find out the likes and dislikes of your particular trial judge.
2. Be Punctual. Don't Waste the Court's or Jury's Time. Be Candid with the Court.
3. Maintain an Attitude of Confidence, Politeness, and Courtesy to All Court Personnel and Opposing Counsel. It helps to have the court staff, e.g., clerk, bailiff, court reporter, etc, on your side.
4. Be Ready with Grounds for Your Objections. Try to anticipate possible objections, the grounds for them, and the probable responses. When you do object in the presence of the jury, make your objection timely and specifically to the point.
5. Stay Out of the "Well" Unless You are Given Permission. The "well" is the area between the judge's bench and the counsel tables. Judges typically insist that this area be kept clear of movement of people, unless permission has been obtained to enter it. Permission to move into the well is gained by asking the court, e.g., "May I approach the witness?" or "May I approach the bench?"
6. Stand When the Judge or Jury Enters or Leaves the Courtroom. Stand when court is opened, recessed, or adjourned. Do the same when the jury enter the courtroom or begin to exit the jury box. Remember to tell your client and witnesses to do the same.
7. Stand When Addressing the Court, Being Addressed By the Court, Objecting and Responding to Objections. Always stand when speaking to the court, being spoken to by the court, objecting, and responding to objections. Those who do not stand when addressing the court, e.g., making or responding to an objection, will sometimes have their words ignored by the court. When you don't stand, the judge may imply to ignore you or say, "I can't hear you, counsel!" - meaning that your words to the court won't be heard as long as you remain seated.
8. Talk in the Third Person When Referring to Conduct or Requests of the Court and/or Opposing Counsel. Talking in the third person means that when speaking to or about the judge you refer to the judge as the "court" rather than as "judge so-and-so", e.g., "Would the Court entertain a request for a brief recess?" and refer to the lawyer on the other side as "opposing counsel" rather than by the lawyer's name, e.g., "Would the Court instruct opposing counsel to provide us with a copy of the witness' prior written statement?"
9. Do Not Thank the Court for Its Ruling, No Matter Whether the Ruling Is In Your Favor Or Not. Don't thank the court for ruling for you or against you. If you thank the court for ruling in your favor, the court may resent the implication that it is biased in your favor. If you thank the court for ruling against you and the jury understands that the ruling was against you, expressing your gratitude makes you look stupid. If you try to fool the jury into believing that the court was ruling for you by thanking the judge, you will probably be caught in your deception.
10. Don't Quarrel With Opposing Counsel or the Court. The most obvious sign of an aggressive rookie advocate is the propensity to quarrel with the court and opposing counsel about everything. Don't do it. In quarreling, stature is lost. Make a pact with yourself to avoid making disparaging or acrimonious remarks to or about opposing counsel. Be assertive rather than aggressive in your conversations with the court and the opposition. It does your cause no good to engage in undignified or discourteous conduct that is degrading to the court or opposing counsel. There is a difference between quarreling with the court and counsel and standing up for your position by making valid legal and factual arguments with regard to objections and responses. Effective argument is part of what you are being paid to do. You aren't paid to whine. If you want to argue a point with the court, ask if you may be heard.
Task 20. Fill in the gaps with appropriate words from the box.
| expert testimony; court staff; prohibited; judges; in advance of trial; to examine or cross-examine; jury box; prior court approval. |
(1) Normally only one attorney for each party will be permitted ______________ any one witness, and the lawyer who examines or cross-examines is typically the lawyer who will be permitted make and respond to objections. i.e., no double-teaming on examination or objections. (2) In cases involving __________, many judges do not want the proponent of the witness to ask the judge to declare the witness an expert. (3) Some will require the parties to get together ___________and determine which exhibits will involve evidentiary challenges, i.e., those to which admissibility is not stipulated. (4) Some will require regarding opening statement that counsel request and obtain ___________before introducing topics that may have a significant potential for unfair prejudice. (5) Pretrial contact with jurors outside of court is ___________everywhere. (6) It helps to have the_________, e.g., clerk, bailiff, court reporter, etc, on your side. (7) __________ typically insist that this area be kept clear of movement of people, unless permission has been obtained to enter it. (8) Stand when court is opened, recessed, or adjourned. Do the same when the jury enter the courtroom or begins to exit the __________.
Task 21. Translate the following sentences into English using the words and word combinations which do with legal matters.
| to take sb into custody to release sb on bail to issue an arrest / search warrant (for sb) to maintain / keep public order to detect / to solve a crime to catch sb red-handed | to give evidence to impose a fine (of $200) a suspect to abet a person in a crime to examine a crime scene to forge |
(1) Подпись на документе подделана. (2) Он - подозреваемый в деле об убийстве. (3) Полиция обеспечивает общественный порядок. (4) Судья наложил на него штраф в размере 5000 рублей. (5) Задержанный отказался давать показания. (6) Адвокат не смог добиться, чтобы его клиента отпустили под залог. (7) Судья выдал ордер на арест мужчины, подозреваемого в совершении изнасилования. (8) Я уверена, что это ты подстрекал его к совершению кражи. (9) Прибывшие полицейские тщательно осмотрели место преступления. (10). Ее поймали с поличным. (11) Следователь смог быстро раскрыть это преступление. (12) В результате неподобающего поведения в общественном месте его взяли под стражу.
Task 22. There are names of crimes in the boxes below. Translate them into Russian. Read the short texts below and say what crime has been committed.
(a)
| blackmail, bribery, extortion, piracy, treason, espionage, smuggling, arson, assassination, drug smuggling, murder, theft |
1. There was found a dead body of a famous journalist. His views were well known as directed against the organized criminality. There was some information in the newspapers that he had documents proving the illegal activity of some well-known persons.
2. There was some fire at the market. Many booths were damaged. There are rumors that on the place of the market some influential people want to build a mall.
3. At the airport was arrested a man who was trying to bring some heavy drugs into the country. A special trained dog was used and found bags with heroin in his luggage.
4. Jack the Ripper lived in England in the 19th century. From August to November 1888, he killed at least seven women and the police could not catch him. He even sent letters to the police describing the murders. The police never caught the Ripper and never accused him of any crime. The killings stopped as suddenly as they had started.
5. The Mona Lisa, or La Gioconda, was to painted between 1503 and 1505 by Leonardo da Vinci, the famous Italian artist. It was probably sold to Franҫois I of France before da Vinci died, when he was living in France. In 1800, Napoleon had the painting hanging in his bedroom, but it was placed in the Louvre museum in 1804. In 1911 the Mona Lisa was stolen from the wall of the Louvre museum. No one noticed that it was stolen until the following day when Louis Béroud, a painter, went to see it. He saw it was missing and asked where it was. The case was solved only two years later. The thief was Vincenzo Pegugia, an Italian. He wanted the painting returned to Italy, because he felt it belonged in Italy.
(b)
| libel, treason, slander, piracy, bigamy, patricide, espionage, bribery, embezzlement, robbery, tax evasion, mugging |
1. Newspapers said that a well-known politician was removed from office. The reason was that he was offered a big sum of money for supporting a not popular project.
2. Everyone is shocked that this crime has been committed by a man with a comfortable position in society. He has been working for a big company for many years. But not long ago some facts were discovered by the security department of that company which revealed the facts of transmitting the company secrets to a foreign competitor firm.
3. In newspapers recently have appeared articles describing the life of a famous pop-star. The fact described in the articles were absolutely wrong. The pop-star sued the newspaper and the author of the articles and won the case. The offenders were charged to pay a big sum of money.
4. Bonny Parker (1911-1934) and Clyde Barrow (1909-1934) were infamous criminals who robbed banks and stores. They committed their crimes in Texas, Aklahoma, New Mexico and Missouri between 1932 and 1934. Known for their love affair, they were always in the newspapers. Although they admitted to their crimes, they were never in jail, but the police finally shot them while they were robbing a store. Many people considered them heroes and some people thought they did not deserve to die.
5. Al Capone (1899-1947), a notorious gangster, was born in Naples, Italy, spent his youth in New York City, then moved to Chicago where he became connected with organised crime. The police never arrested him for murder though he had taken part in killings. In 1931 he was charged with not paying money that he owed to the government. He was found guilty of the crime and was sentenced to 11 years in jail. He was set free in 1939 because of illness.
| Useful Words and Expressions for Speech Practice | ||
| presumption of innocence - презумпция невиновности the International Covenant on Civil and Political Rights - Международный пакт о гражданских и политических правах the Criminal Procedural Code of the Russian Federation - уголовно-процессуальный кодекс Российской Федерации to be presumed innocent / to be considered innocent / to be regarded as non-guilty - считаться невиновным to charge sb with (to accuse sb of) a criminal offence - обвинить кого-л. в уголовном преступлении a suspect - подозреваемый an accused - обвиняемый to be obliged to prove one's innocence - быть обязанным доказывать свою невиновность | unremovable doubts about the guilt of the suspect - неустранимые сомнения по поводу виновности подозреваемого the burden of proving (the charge) - бремя доказывания (вины) to refute the arguments - опровергать / доказывать несостоятельность аргументов to cite the arguments in defence of the suspect - приводить аргументы в защиту подозреваемого to be based on suppositions - основываться на предположениях / гипотезах to enter / to come into legal force - вступить в силу (о соглашении, о судебном решении) to admit to sth / to confess to sth - признаться в чем-л. | |
Debate: PRESUMPTION OF INNOCENCE
Read the text below and express your opinion on the issue.
The presumption in Latin means assumption, based on probability. We find the principle of presumption of innocence in many international legal documents. According to Article 14 of the International Covenant on Civil and Political Rights*, everyone charged with a criminal offence shall** have the right to be presumed innocent until proved guilty according to law.
The principle of presumption of innocence also means that the suspect or the accused is not obliged to prove his innocence, and unremovable doubts about the guilt of a person shall be interpreted in favour of the accused (Article 49 of the Constitution of the Russian Federation). In accordance with the Criminal Procedural Code of the Russian Federation (Article 14) the burden of proving the charge and of refuting the arguments cited in defence of the suspect or of the accused, shall lie with the party of the prosecution. The verdict of guilty cannot be based on suppositions.
_________________
*The International Covenant on Civil and Political Rights (ICCPR) is a multilateral treaty adopted by the United Nations General Assembly on 16 December 1966, and in force from 23 March 1976.
** В современных англоязычных юридических документах глагол shall обычно употребляется со значением долженствования и сопровождающий его глагол часто переводится на русский язык в форме настоящего времени (например, everyone shall have the right... - все имеют право...; the burden of proving the charge shall lie... - бремя доказывания вины лежит...)
Task 23. Fill in the gaps with the words and word combinations from the box.
(a)
| regarded as non-guilty; refuting the arguments; the accused; his innocence; suppositions; in favour of the accused |
Article 14. Presumption of Innocence (Criminal-Procedural Code of the Russian Federation).
1. The accused shall be... until his being guilty of committing the crime is proved in accordance with the procedure, stipulated by the present Code, and is established by court sentence, which has entered into legal force.
2. The suspect or the accused is not obliged to prove.... The burden of proving the charge and of... cited in defence of the suspect or of..., shall lie with the party of the prosecution.
3. All doubts concerning the guilt of the accused, which cannot be eliminated in accordance with the procedure established by the present Code, shall be interpreted....
4. The verdict of guilty cannot be based on....
(b)
| сonsidered innocent; the guilt of a person; the accused; be obliged to prove |
Article 49 of the Constitution of the Russian Federation reads as follows:
1. Everyone accused of committing a crime shall be... until his guilt is proved according to the rules fixed by the federal law and confirmed by the sentence of a court which has come into legal force.
2. The accused shall not... his innocence.
3. Unremovable doubts about... shall be interpreted in favour of....
Task 24. Translate the following sentences into English using the words and word combinations from the text above:
1. Принцип презумпции невиновности; международные правовые документы; в соответствии со статьей 14 Международного пакта о гражданских и политических правах; в соответствии со уголовно-процессуальным кодексом Российской Федерации; бремя доказывания вины; бремя доказывания несостоятельности аргументов, приводимых в защиту подозреваемого или обвиняемого; решение о виновности.
2. Все обвиняемые в уголовном преступлении вправе считаться невиновными до тех пор, пока не будет доказана их вина в соответствии с законом.
3. Подозреваемый или обвиняемый не обязан доказывать свою невиновность.
4. Неустранимые сомнения по поводу виновности подозреваемого должны трактоваться в пользу обвиняемого.
5. В соответствии с Уголовно-процессуальным кодексом Российской Федерации бремя доказывания вины и несостоятельности аргументов, приводимых в защиту подозреваемого или обвиняемого, лежит на обвинении.
6. Решение о виновности не может основываться на предположениях.
Task 25. Match the English expressions with their Russian equivalents in the table:
| 1) presumption of innocence 2) to be obliged to prove one's innocence 3) to charge sb with a crime 4) a suspect 5) the burden of proving the charge 6) to cite the arguments in defense of the suspect 7) to refute the arguments 8) to be based on suppositions 9) doubts about the guilt of the suspect | a) обвинение b) истец c) основываться на предположениях d) приводить аргументы в защиту подозреваемого e) подозреваемый f) опровергать аргументы g) презумпция невиновности h) быть обязанным доказывать свою невиновность i) сомнения по поводу виновности подозреваемого j) бремя доказывания вины k) обвинить кого-л. в преступлении |
Task 26. Review the texts and focus on the three you like best.
(a) Speak about one of your favourite texts explaining what exactly made you like it.
(b) Present brief summaries of the other two texts identifying the main information and its support.
Task 27. Now that you've read a lot of materials about crime in the global world, would you initiate a debate on one or two of the following issues:
- PRIORITY CRIME AREAS OF THE GLOBAL LAW ENFORCEMENT COMMUNITY
- WAYS TO COMBAT COMPUTER VIRUS ATTACKS AND CYBER-TERRORISM
- APPREHENSION OF WANTED CRIMINALS
- PUBLIC SAFETY AND TERRORISM
- TRAFFICKING IN HUMAN BEINGS
- WHY CORRUPTION THREATENS GOOD GOVERNANCE
