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404, 407, 412, 420, 435, 447P, 462, 480 and 481
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STRUCTURE
- Note to students
- Session 2: contents
Vocabulary
Trial information
In the courtroom
Steps in a trial
Trial vocabulary
Video sequence: experts testifying at the Mitchell Young trial
Speaking: A murder YOU wrote
MAKE UP YOUR TEAMS!!
- Four/five students per team.
- Email your teacher to say who you are working with.
- If you do not have a team, email your teacher and s/he will assign you one.
A. VOCABULARY
1. Trial information
Match the correct words from the list with their explanations:
defending attorney – civil trial – the plaintiff – the parties – testimony – plaintiff’s attorney – defendant – adversary process – expert testimony
A trial involving one person complaining about something another person did or failed to do.
A trial revolves around an argument involving two or more people. The people who bring their argument to the trial are called thus.
This means that two or more persons who are in conflict present their arguments and their evidence before a third party not involved in the dispute (the judge or a jury) who then gives a decision.
A person (witness) tells the court what he or she saw, heard, did or experienced in relation to the incident in question.
A professional person, someone not involved in the incident, who can give medical, scientific, or similar expert instruction or information.
The person who is accusing someone of (not) doing something which he/she thinks is unfair.
This person has been accused by the plaintiff, will listen to the accusation and will give reasons to justify the actions taken.
He/she tried to prove that the accusation is true. This attorney goes first for each witness, allowing the defending attorney to cross-examine each witness before dismissing each witness.
He/she listens to the plaintiff’s attorney and then tries to show that the defendant had good reasons for doing what he/she did. This attorney can cross-examine witnesses called by the plaintiff’s attorney, but cannot call any of his/her own until the plaintiff’s attorney has called all the witnesses he/she wants to call.
Do this exercise and then discuss your answers with your nearest classmate.
DISTANCE LEARNING
Send your guesses to your teacher, using the dedicated iDoceo Connect platform (only for groups specified above).
B. Video sequence: in the courtroom
Fill in the blanks in this transcript.
Justice Journey: In the Courtroom
Before you give (1) it helps to know the role of everyone in court. Everyone has an important part to play.
The (2) presides over the court and, depending on which court you are in, may wear a (3) .
The Judge’s (4) helps with case documents or exhibits.
A (5) keeps a record of exactly what is said in the course of the trial. The (6) is responsible for security in the court.
The case may also be heard in front of a (7) - these are 12 members of the public who have been selected at random from the electoral roll. They won’t know you or the (8) accused. Their job is to hear all the evidence and decide beyond reasonable doubt if the person is guilty or not.
In the middle of the courtroom is the (9) - this is where the Crown Prosecutor and the Defence Team sit.
The Prosecution Team is led by a (10) - known as a Crown Prosecutor - and includes an (11) who will assist him or her. You are going to be in contact mainly with the (12) , who will do their best to help you feel comfortable on the day."
The Defence Team may include a (13) as well as a (14) , who represents the accused.
In the District and Supreme Courts, the Barristers will usually wear wigs and gowns.
The (15) may sit behind their Defence Team, or they will sit in a special place in the court known as (16) ".
There are a number of different ways for you to give evidence in a court case. If you are a child under the age of 16, are cognitively impaired, or a victim of sexual assault, you may be able to use a screen in the court room or closed circuit television in a (17) room to see what is going on in the court room.
This is so you don’t have to face the accused while you are giving your evidence. You will be able to see, hear and speak to the (18) or Judge and the (19) and Defence Lawyer. Everyone else in the Court will be able to hear and see you too. Although you can be seen by all the people in the courtroom, remember that only the Judge or Magistrate or Prosecutor and (20) can talk to you.
The Magistrate or Judge might ask you if you can see and hear them. Sometimes there can be problems with the equipment. If you can't see the Magistrate's or Judge's face on the screen, just say so. If you can't hear what is being said clearly, let the Judge know.
If your (21) was recorded beforehand on audio or video tape by the police, it too can be played in court.
From victimsservices.justice.nsw.gov.au
IN-CLASS
Do this exercise and then discuss your answers with your nearest classmate.
DISTANCE LEARNING
Send your guesses to your teacher, using the dedicated iDoceo Connect platform (only for groups specified above).
C. Steps in a trial.
Put the steps in chronological order.
The defense may begin calling witnesses after the plaintiff rests the case. Plaintiff’s attorney may cross-examine witnesses called by the defense before each steps down.
Attorneys for the plaintiff (first) and the defense (second) deliver their opening statement prepared from studying the facts of the case.
Jury’s verdict, then sentence pronounced by the judge.
Plaintiff calls each witness until finished calling witnesses and conducts direct examination for each one.
Beginning the Trial, Bailiff Announcement: “All rise. The Court is now in session; the Honorable Judge is presiding.” Everyone remains standing until the judge enters and takes the bench. The judge asks the bailiff to call the day’s calendar and the bailiff says, “Your Honor, today’s case is John vs. Bob.” The judge asks the attorneys for each side if they are ready to begin the trial.
Defense cross-examines the witnesses called by the plaintiff.
Closing arguments in a trial: Defendant first, then plaintiff.
The Trial. Each attorney introduces him/herself: “May it please the court and members of the jury, my name is xxx, counsel for xxx in this action.”
First step:
Second step:
Third step:
Fourth step:
Fifth step:
Sixth step:
Seventh step:
Eighth step:
IN-CLASS
Do this exercise and then discuss your answers with your nearest classmate.
DISTANCE LEARNING
Send your guesses to your teacher, using the dedicated iDoceo Connect platform (only for groups specified above).
None of the wants to testify in the murder trial because they are afraid the suspect will kill them when he gets out of prison.
I sure hope they the guy that has been breaking into cars all over the neighbourhood soon.
Voltaire once stated that it is better to risk saving a person than to condemn an innocent one.
Police have brought a of assault against the young man accused of beating up a classmate.
Before sentencing, the said that it was the most horrible crime he had ever heard of.
During the trial, the old woman that on the night of the murder, she heard the accused threatening to kill the victim.
The murderer received a of twenty years in prison.
Many old people are afraid of becoming of crime, but studies show the elderly are actually the least likely members of society to be attacked or robbed.
The suspect bowed his head and cried with relief when the was read out.
The police have no as of yet in the murder case.
He is a drug dealer who is also serving time for theft and assault.
The had to drop its case when its only witness died.
The witness gave evidence at the which suggested the police had arrested the wrong person.
The jury found him , but I think he is guilty.
IN-CLASS
Do this exercise and then discuss your answers with your nearest classmate.
DISTANCE LEARNING
Send your guesses to your teacher, using the dedicated iDoceo Connect platform (only for groups specified above).
E. Experts testifying at the Mitchell Young trial
A true story
Mitchell Young and Tucker Cipriano were found guilty of fatal beating of Robert Cipriano, 52, and near fatal beating of his wife Rose Cipriano and their son Salvatore with a baseball bat in a drug-fueled robbery attempt on April 16, 2012. Authorities said Young and Tucker Cipriano, the oldest child of Robert and Rose Cipriano, broke into the family’s home to steal money for drugs while high on synthetic marijuana. Police said they used baseball bats to attack family members in an attempt to eliminate witnesses.
Two family members, Salvatore’s twin, Tanner, and their sister Isabella, escaped injury by hiding. Young was arrested inside the home, and Tucker Cipriano was arrested at a friend’s home hours later. Cipriano and Young were both sentenced to life in prison without parole.
Adapted from www.freep.com/article/20130628/NEWS03/306280064/Mitchell-Young-guilty-first-degree-murder- attempted-murder-baseball-bat-attack
IN-CLASS
Do this exercise and then discuss your answers with your nearest classmate.
DISTANCE LEARNING
Send your guesses to your teacher, using the dedicated iDoceo Connect platform (only for groups specified above).
F. Comprehension.
Watch the video and answer the following questions.
1. What does Mitchell Young’s defense say to account for the facts?
2. How did expert Andrea Young proceed? [One of these sentences is FALSE]
3. Her conclusions were that DNA linked the murder weapon primarily to...
4. What were Bridget Lockhart's conclusions?
5. How do you interpret the gesture she makes at the very end of the extract from her testimony?
IN-CLASS
Do this exercise and then discuss your answers with your nearest classmate.
DISTANCE LEARNING
Send your guesses to your teacher, using the dedicated iDoceo Connect platform (only for groups specified above).
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