A. Read the following speech. Who is speaking to whom? In each numbered blank a word is missing. Predict what the missing word is and check with a partner. “You’ve listened to a long and complex case. .. murder in the first 1.______________ … a 2.______________ murder is the most serious 3. ______________ tried in our courts... you’ve listened to the 4.______________ … you’ve heard the law read to you and interpreted as it applies in this case … it’s now your job to sit down and separate the facts from the 5.______________ … one man is dead ....another man’s life is at 6. ______________ … if there’s a reasonable doubt in your minds 7.______________ to the guilt of the accused... a reasonable doubt... then you must 8.______________ me the 9. ______________ of not guilty ... if however there’s no reasonable 10.______________ then you must in good 11.______________ find the accused 12.______________ ... however you decide your verdict must be 13.______________ .... in the event that you find the accused guilty the 14.______________ will not entertain a recommendation for 15.______________ … the death sentence is 16.______________ in this case... you’re faced with a 17.______________ responsibility … thank you gentlemen.” ... “...the jury will now 18.______________ “ B. Speaking: Exam Practice Compare the advantages and disadvantages of the jury system. Advanatges Disadvanatges C. Criminal procedure: Decide the order of individual steps in a criminal procedure. investigation by police acquittal of accused charge of suspect conviction of accused verdict by jury plea-taking closing statements by counsel sentence by judge opening statements by counsel appeal against judgment release on bail 1 crime is reported 2 _____________________________ 3 apprehension of suspect 4 ______________________________ 5 ______________________________ 6 remand in custody 7 ___________________ 8 trial: 9 ______________________________ 10 interrogation - direct/cross 11______________________________ 12______________________________ 13 judgment of judge 15 _____________________ 14 ___________________ 16 _____________________ 17 _____________________ D. Fill in prepositions. He was charged _____murder. He was sentenced _____ 12 years. He was suspected _____ committing an offence. He was taken _____ custody. He was arrested _____ warrant. He was released _____ parole. He was convicted _____ an offence. He appealed _____ the sentence. He was arrested _____ an offence. He was released _____ bail. He was found guilty _____ the charge. E. Video – Arrest and Plea When a defendant is arrested, s/he must be read his rights (Miranda Warning, US), the wording varies from state to state. Fill in the gaps in the example of Miranda Warning below: 1. You have the _________________ to remain _________________ . 2. Anything you say _________________ and will be _________________ against you in _________________. 3. You have a right to an _________________. 4. If you are unable to hire an attorney one will be _________________ for you. 5. If you _________________ these rights and furnish information, you have the right to _________________ at any time. Translate Miranda Warning into Czech? _________________________________ Read the text: The Miranda warning is a police warning that must be given to criminal suspects in police custody in the United States before they can be asked questions relating to the commission of crimes. Police may request biographical information such as name, date of birth and address without reading suspects their Miranda warnings. Confessions will not constitute admissible evidence unless suspects have been made aware of and waived their Miranda "rights". The Miranda warnings were mandated by the 1966 United States Supreme Court decision in the case of Miranda v. Arizona as a means of protecting a criminal suspect's Fifth Amendment right to avoid coercive self-incrimination (see right to silence). However, since its creation by the Warren Court, the Supreme Court has indicated that the Miranda decision imposes "prophylactic" or preventative safeguards rather than protections mandated by the Fifth Amendment privilege. Miranda v. Arizona In 1963, Ernesto Miranda was arrested for robbery. When questioned by police, he also confessed to kidnapping, and rape. At trial, prosecutors offered only his confession as evidence and he was convicted. The Supreme Court ruled (Miranda v. Arizona, 384 U.S. 436 (1966)) that Miranda was intimidated by the interrogation, and that he did not understand his right not to incriminate himself, nor his right to counsel. On this basis, they overturned his conviction. Miranda was later convicted in a new trial, with witnesses testifying against him, and other evidence presented. He served 11 years. In 2000, the issue of Miranda rights came up before the Supreme Court once again. The justices re-affirmed the role of the earlier precedent. Miranda rights The Supreme Court did not specify the exact wording to be used when informing a suspect of his or her rights. However, they did set down a set of guidelines which must be followed. The ruling states: ...The person in custody must, prior to interrogation, be clearly informed that he has the right to remain silent, and that anything he says will be used against him in court; he must be clearly informed that he has the right to consult with an attorney and to have that attorney present during interrogation, and that, if he is indigent, an attorney will be provided at no cost to represent him. As a result, American English has acquired the verb Mirandize, meaning to read to a suspect his or her Miranda rights (when that suspect is taken into custody for the purpose of interrogation). http://en.wikipedia.org/wiki/Miranda_Rule Part 1 What is the defendant in the movie being charged with? Tick the crimes mentioned in the scene. Type of crime Yes No Translation Aiding and abetting a fugitive Assault Tax evasion Breach of the peace Careless and reckless driving Grievous bodily harm Conspiracy to aid a defendant to avoid prosecution Handling stolen goods Misuse of drugs Obstruction of justice Part 2 – Plea The next stage in the criminal procedure is the Plea. The charge is read and then the judge asks the defendant how he pleads. What can s/he answer? G_____________________________ How do you plead? Not ___________________________ How would you define a ´plea´? ________________________________________________________________________________ How does the defendant in the movie plea? Fill in the gaps. Transcript: How do you plead? Not guilty by reason of ____________________________ That´s not a real plea! ____________________ then. We´ll resume at 10:00 tomorrow. We´re adjourned. What happens to the defendant now? He can be remanded in _____________________ or he can be released on ______________. Was a bail set? What does ROR stand for? Transcript: Bail? I ask to be released on my own recognizance. I assure you I will not flee. No objection. Fine. ROR is granted.