Worksheet Week 3: Being a juror (England and Wales) 1) Waiting to be called Watch the video and fill in the blanks Before you're called onto a jury, the jury manager will speak to you and show a short video explaining your role, how you came to be chosen, and what happens in a courtroom. (salle d’audience  also court room) When a court is ready to select a jury, a court official will call the names of a group of people from those in the jury waiting area. These names will have been selected randomly by computer. Normally 15 people will be called. If you hear your name announced, reply "yes". When all of you have been called a court official will take you to the courtroom. Everyone involved in the trial will already be in court. The usher ( huissier / dans les theatres, un ouvreuse  ensure the secure transaction of documents and decide the order of cases )will give the court clerk ( employé de bureau, clerc, Clerk of the Court greffier in other words person employed to undertake administrative duties ) a set of cards with each juror's name. The clerk will read out 12 names at random. If your name is read out, answer "yes" loudly, go to the jury box and sit where the usher shows you. If your name is not called, you will be shown back to the waiting area. ( raccompagné vers la salle d’attente) Comprehension questions How many people are taken up to court? 15 How many stay in the courtroom?12 Why are more people taken up to court than serve on the jury? 15 people are taken up to court to show the

courtroom that 12 people are being selected at random from the group. When a case is expected to go on for more than two weeks, a larger group of people will be taken up to court, as there will be some people who will be unable to serve on the jury for that long. 2) Being sworn in When 12 of you are in the jury box, the court clerk will call out each name individually and each person is sworn in. When your turn comes you must either take an oath on a holy book of your choice, or affirm - this is similar to swearing in but without a holy book (livre saint). You can read the words aloud from a card or repeat them after a court official if you'd rather. You are now officially the jury. If at any point in the trial you recognise the defendant, a witness, the judge, an advocate or solicitor you must tell a court official at once, otherwise this could result in an unfair trial. The judge will decide whether you should stay on the jury or not. Once the trial begins, you'll be able to make notes, but you aren't allowed to take your notes outside the courtroom or jury room. It's very important to remember that you can only discuss the case when all jury members are present, and in private. You should never discuss the case with anyone who is not a member of your jury, as this is illegal. Once your trial starts, please remember which court room you are in and the name of the case because this will be the way the ushers will call you into court. Say whether the following statements are right of wrong. Justify with a quote. 1. All the fifteen people called have to take an oath.

W

When 12 of you are in the jury box 2. It is compulsory ( obligatoire) to take an oath on the bible. W

or affirm - this is similar to swearing in but without a holy book 3. If you know someone in the courtroom you must leave at once ( immédiatement). W you must tell a court official at once, otherwise this could result in an unfair trial ( procès inequitable). The judge will decide 4. The case can only be discussed if all jurors are present. you can only discuss the case when all jury members are present 5. If it lasts more than a day, you can discuss the case at home.

never discuss the case with anyone who is not a member of your jury, as this is illegal. 3) Procedures at court

R W

All criminal trials follow similar procedures. A defendant or number of defendants will have been accused of a crime. 1) The prosecutor opens the case by explaining the accusations and setting out the facts they'll seek to prove during the trial. Witnesses for the prosecution may be called. 2)They are sworn in, and are questioned by the prosecutor. The witness may also be questioned by the person acting for the defendant – 3)this is known as crossexamination. Next, witnesses for the defence may be called. If they are, they too will be sworn in, questioned and possibly cross-examined by the prosecutor. The judge may stop proceedings at any time to prevent irrelevant questioning or argument, to protect witnesses and to make sure everything is clear. If you need further explanation of the evidence, you may ask a question by giving a note to the usher who will pass it to the judge. Trying a case can be a complicated legal process. There will be times when the advocates and the judge may need to discuss a point of law. The judge will ask you to leave the court for a short time and, once it's been resolved, you'll be asked back into the courtroom. When all the evidence has been given, the 4 prosecution and defence representatives may make their closing speeches.plaidoiries finales ( réquisitoire pour le ministère public) They'll talk directly to you and your fellow jurors as they argue the merits of their cases. 5 The judge will explain the law, summarise the facts of the case and make clear the duties of the jury before the 12 of you 6 go to the jury room to consider your verdict. Put the following events in their chronological order A. The jurors leave the courtroom to deliberate. _C_ B. Witnesses are cross-examined (to cross-examine: faire subir un contre- _F_ _B_ interrogatoire à). _E_ C. The prosecutor explains the accusations. _D_ D. The judge summarises the facts of the case. E. The prosecution and defence representatives make their closing speeches _A_ (requisitoires). F. Witnesses are sworn in.

1st 2nd 3rd 4th 5th 6th

4) Deciding the verdict Once the evidence has been presented and the judge has summarised the facts of the case, an usher will take the jury to the jury room where you'll consider the evidence and decide the verdict. The jury must choose a spokesperson who'll deliver the verdict to the court - this person is called the foreman. You're allowed to take into the jury room any notes you've made during the trial, as well as a copy of the indictment (this is a list of the offences the defendant is being charged with). While in the jury room, members of the jury are not allowed to have contact with anyone outside the room except by giving a note to the usher. If you want the judge to clarify or explain anything about the case, you may send a note. You'll then go back into the courtroom and the judge will give you as much help as possible, but remember - no new evidence can be given at this stage. The jury will be given plenty of time to discuss the evidence together and agree on the verdict. In some cases, jurors don't all agree. In these situations the judge may accept a decision that most, but not all members of the jury are agreed on. This is known as a majority decision. When you've reached a verdict, you'll be taken back to the courtroom where the court clerk will ask your foreman for the verdict. When the verdict has been given, your work on that case is over. You will be taken back to the waiting area where you may be called for another trial. 1. Where does the jury decide the verdict? a) In the jury box b) In the jury room 2. Who chooses the foreman ( président du jury)? a) The usher b) The judge 3.What is the indictment ( acte d’accusation)? a) The notes written down by a juror b) Offences the defendant is charged with ( être inculpé)

c) In the waiting room d) In the courtroom c) The jurors d) The clerk c) The words used when sworn in d) The names of the selected jurors

4.What can a juror do if he needs more explanations? a) He/she can contact anyone b) He/she can call the judge 5.A verdict necessarily needs to be reached: a) Very quickly b) Unanimously 6. What may happen to a juror after the trial? a) He/she may be indicted b) He/she may not be taken to the waiting area

c) He / she can give the usher a note d) He/she cannot do anything c) Narrowly d) In due time c) He/she may be called for another trial d) He/she may talk to the press

Match the following expressions to their definitions Unanimous verdict

This means that all 12 jury members agree with the decision.

Majority verdict

If a jury cannot agree on a verdict then the judge might say that he will accept a majority decision. That means a verdict that 10 or 11 of the 12 jury members agree on. This normally happens after the jurors have spent several hours thinking about the verdict. If the jury is split into two fairly even groups and people will not change their minds, then there can be no verdict.

Hung Jury

5°) Who is who? Match the words to their definitions

Judge Foreman Usher Prosecutor Defendant Witness Defence Advocate

a person who is in charge of a trial in a court and decides how a person who is guilty of a crime should be punished, or who makes decisions on legal matters one member of the jury who is chosen to be in charge of their discussions and to speak officially for them A person who prepares courts for hearings and make sure that everything and everyone involved is in the right place at the right time. At the start of the trial this person will explain exactly what the defendant is accused of, and tell you the facts of the case as the CPS and the police see them. the person accused of the crime a person who gives evidence in the trial A person who presents the arguments in favour of the accused

Try to set them correctly in the courtroom

1. Judge 2. Jury 3. Prosecution ministère public - poursuites pénales/ prosecutor procureur/ to prosecute poursuivre 4. Defence avocat de la défense 5. Press 6. Public 7. Defendant inculpé/ défendeur 8. Usher huissier 9. Witness

1) Summing up… From The English Legal System by Jacqueline Martin Court Type of Case Role Crown Court

Serious criminal cases: e.g. murder, manslaughter, rape

Decide verdict Guilty or not guilty

Number on jury 12

High Court

County Court

Coroners’ Court

Court Qualifications

Disqualified exclu

Ineligible

Excusals Selection

Challenges récusation

Function Verdict

Defamation diffamation False Imprisonment séquestration arbitraire Malicious prosecution poursuite ou denonciation abusive dans l'intention de nuire Any case alleging fraud Defamation False imprisonment Malicious prosecution Any case alleging fraud Deaths: In prison In police custody Through an industrial accident ( accident du travail) Where health and safety of public are involved

Decide liability  responsabilité If find for the claimant also decide amount of damages montant des dommages et interets

12

Decide liability If find for the claimant also decide amount of damages

8

Decide cause of death

7-11

Crown Court 18-70 years old Registered to vote ( inscrit sur les listes electorales) Resident in the UK for at least five years since age 13 Sentenced to five years’ or more imprisonment – disqualified for life Served a prison sentence OR suspended sentence OR a community service order – disqualified for ten years Placed on probation condamnation avec sursis et mise à l'épreuve– disqualified for five years On bail- disqualified while on bail sous caution Mentally ill Those working in the administration of justice Minister of religion or member of a religious order As of right – MPs, medical professions, armed forces, over 65 Discretionary – ill, business commitments, or other ‘good reasons’ A central office selects names from the lists of electors Summons sent to these people convocation/assignation Must attend unless disqualified, ineligible or excused Individual juror may be challenged for cause, e.g. knows defendant Whole panel may be challenged for biased selection- but no right to a multi-racial jury ( on ne peut choisir la composition d’un jury sur des critères d’appartenance ethnique) ( R v Ford( 1989)) Prosecution may stand by any juror Decide verdict – Guilty or not Guilty Sole arbiters of fact but judge directs them on law Must try for a unanimous verdict BUT if cannot reach a unanimous verdict then a majority verdict can be accepted 10-2 or 11-1

6) Pair Work Ask you partner questions, answer his/hers and do so using as many words in the vocabulary list below you can. Tick the corresponding box once you have used a word or expression. Student A’s questions Student B’s questions 1. Have you ever been called on jury duty? 1. Would you like to be a juror? 2. What do you think of the age requirement? 2. What do you think of the other 2 requirements to be 3. What do you think of the disqualification criteria? qualified? 4. Should MPs be excused? 3. What do you think of the ineligibility criteria?

5. What about people with business requirements? 6. Explain why a juror might be challenged for knowing someone in the courtroom? 7. Is it important to reach a unanimous verdict? 8. Can you explain why the jury discussion takes place in secret? 9. Would you be interested in any of the jobs displayed in the video? 10. So do you think juries are a good or bad thing?

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amount of damages clerk greffier community participation complex evidence compulsory defence advocate

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defendant inculpé

□ □

expensive foreman president high acquittal rates taux eleve d’acquittement impartiality intimidation

□ □ □ □ □ □

4. Should doctors be excused? 5. Can you give any other ‘good reason’ to be excused? 6. Can you guess why there is no right to a multi-racial jury? 7. Why would a judge accept a majority verdict? 8. Would you find it difficult to maintain secrecy? 9. What about you? 10. Can you think of a more efficient alternative?

jury equity lack of understanding logger greffier media influence

□ □ □ □ □

mini-jury panel of judges prejudice

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public confidence racial bias

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single judge

□ □

spreads the burden of determining guilt

□

secrecy

unreasoned decision unrepresentative use of electoral register registre electoral usher

huissier

strainpression tension

prosecutor

7) Cryptogram The Encarta definition for the word JURYhas been encrypted. Try to solve the puzzle.

in law, a body of people who are chosen to decide the truth of factual evidence in an action or legal proceeding and, on instruction of the court, to apply the law to the facts. Such a body is called a petit jury or trial jury. Traditionally, a trial jury consists of 12 people, often with one or two alternates.