Aim of the Lecture

 Brainstorming
 Activities based on Vocabulary

 Text- The jury system

 Case analyses
“I Swear To Tell The Truth,
The Whole Truth and Nothing
But The Truth”
1. What are the meanings of the following words in standard English and in legal
English?

1.)Ruling the act of governing” ; a decision made by a court”),

2) trial (“the act of trying” ; “the examination of the facts of a case before a
court”),
3) hearing a case before a ; the act of perceiving sound”
4) Instrument a tool or implement” and “a legal document”),
5) party a social gathering ; either of the persons/sides in legal proceedings
6) defense the act of defending” and (1) “the defendant’s arguments in a case”,
7) sentence the judgment of a court stating the punishment to be imposed on a
defendant”), ; (“a grammatical unit of one or more words
8) damage compensation” ; harm
 Task II. Translation

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Task II. Translation
ნაფიც მსაჯულთა სასამართლოს ხანგრძლივი ისტორია აქვს. ეს მსოფლიოში ერთ -
ერთი უძველესი ინსტიტუტია. კანონის მიხედვით, საქართველოში 2010 წლის 1
ოქტომბრიდან მკვიდრდება ნაფიც მსაჯულთა სასამართლო მძიმე კატეგორიის
სისხლის სამართლის საქმეებისთვის. ნაფიც მსაჯული შესაძლოა იყოს
1. საქართველოს სამოქალაქო რეესტრის მონაცემთა ბაზაში დაფიქსირებული , 18
წელს გადაცილებული პირი.
2.პირი, რომელმაც იცის სისხლის სამართლის პროცესის ენა;
3. ცხოვრობს აღმოსავლეთ ან დასავლეთ საქართველოში − იმის შესაბამისად, თუ
საქართველოს რომელ ნაწილში მდებარე რაიონულ (საქალაქო) სასამართლოში
იმართება ნაფიც მსაჯულთა სასამართლო პროცესი;
4. შეზღუდული არა აქვს ფიზიკური ან ფსიქიკური შესაძლებლობები, რაც ხელს არ
შეუშლის მის მიერ ნაფიცი მსაჯულის მოვალეობის შესრულებას.
მსაჯულობის კანდიდატი ვალდებულია სწორი და ამომწურავი პასუხი გასცეს
მისთვის დასმულ შეკითხვებს, წარმოადგინოს სხვა აუცილებელი ინფორმაცია.
ნაფიცი მსაჯულის საპატიო მიზეზის გარეშე გამოუცხადებლობა არსებითი
სასამართლო განხილვისას გამოიწვევს დაჯარიმებას 1000-დან 1500 ლარამდე.
. Finish the sentences using the words in the box:
judge verdict jury witnesses evidence
investigation guilty accusations summons offence

1. The …… sent the …… away to consider its …… .

2. 2. Two …… came forward with …… .
3. 3. The matter is the subject of a police …… .
4. 4. He was found …… of murder.
5. 5. She rejected all the …… brought against her.
6. 6. He received a …… for nonpayment of a parking ticket.
7. 7. He was convicted of a serious driving …… .
1. judge, jury, verdict
2. 2. witnesses, evidence
3. 3. investigation
4. 4. guilty
5. 5. accusations
6. 6. summons
7. 7. offence
 Task Fill in the blanks with the correct words
 punishment investigate conviction prosecute threaten
 criminal accused prevent penal crime

 Criminal law, in a broad sense, is the body of law that defines…………… activities and fixes
penalties.
 The main purpose of criminal law is to …………….. the crimes.
 The responsibility of the police forces is to ………….. offences.
 In many countries, an independent body has the responsibility to ………….offenders.
 If the criminal law is ambiguous, it is often given a narrow interpretation favorable to the
……………. .
 As a general rule, we all are equally responsible in the eyes of the law and liable to the
same……………
 Those who commit a/ an ………… in foreign countries may be extradited.
 The Iranian ………system is partly based on Islamic Jurisprudence.
 The police maintain collections of fingerprints taken from known criminals at the time of
their……………. .
 To …………… the people with a gun in order to rob is a serious crime.


 Task IV Fill in the blanks with the correct

1. imprisonment proceedings discharged probation procedure
2. defendant release outcome fines wrong
3. The country has taken a legal ………..…. to protect its name.
 She was convicted of reckless driving and put on …………..for several years.
 Continued failure by a parent to give adequate attention to the health and safety of a small child
could result in both criminal and civil ……. .
 He is not optimistic about the …………. of the negotiations.
 A prison term may be subject to conditional…………… .
 Some believe that life ……..…. is not as effective as capital punishment.
 A/An ……….... convicted in a lower court can appeal to a higher court subject to certain exceptions.
 Punishment is something unpleasant which can be imposed on a person who does …………..… .
 In most criminal justice systems, the majority of offenders are dealt with by …….….. or probation
rather than imprisonment.
 Whether the defendant is retained in custody or ………..…. Depends on whether the court finds the
custodian’s explanation for detention legally adequate.
1. Task V. Read the following hypothetical situations.
Discuss with your group mates if anyone was negligent.
If yes, who and why?

(What did they do wrong? What action or omission was

negligence?) lf no, why not? (Why was their action not
negligent?)
1.
Joe works as a cleaner for Ajax Technologies. One of his jobs is to
clean the bathrooms in the Ajax offices that Ajax rents. Last
week, he was cleaning the bathrooms and discovered that the
hot water was not working in the building. So, he filled a plastic
bottle with water and put it on the radiator in the men’s room.
He went to another part of the office and forgot about the bottle.
Later that afternoon the bottle melted and caught fire. The fire
spread to a nearby office where a doctor was working. The
smoke killed the doctor and one of her patients. There were no
smoke detectors in the Ajax offices or in the doctor’s office.
2.
The owner of an old rundown building decides to tear down the building so that he can
build a new bigger one. The easiest and cheapest way to tear it down is to blow the
building up with explosives. The owner hires a professional company, Boom-Boom,
Inc., to do the job. Engineers from the company examine the old building and the
buildings in the area to make sure no damage takes place. The company then uses the
correct amount of explosives to destroy the building.
However, the explosion causes the ten-year-old building across the street to collapse,
killing one man who was standing behind it. That ten-year-old building was built
using steel that was strong enough to hold up the building but not as strong as the law
requites it to be.
3.
Alex wakes up and discovers that there is a leak coming from the apartment above
his. Water has dripped from the ceiling into his dining room, damaging his
valuable antique table. He goes upstairs and finds that the door to that apartment
is open. He knocks, and, after no one answers, be enters the apartment. Inside, he
discovers his neighbour dead in the bathtub. The water is still flowing from the
tap, into the bathtub and onto the floor. (The police later reported that the
neighbour had taken drugs, gotten into the bathtub and fallen asleep before
finally dying in his sleep). Alex shuts off the water and goes back to his apartment
to call the police. He sees that part of his dining room ceiling is seriously damaged
and be moves the table to the other side of the room. He then calls a repairman
who agrees to come to fix the ceiling the next day (Tuesday). That evening
(Monday evening), he prepares dinner for his girlfriend whom he had invited for
dinner the previous week. While they are eating dinner at his antique table in the
dining room, the entire ceiling collapses, killing Alex and his girlfriend.
 The jury system
 What is a jury?
 Advantages and disadvantages of the jury system

 If you had a chance how would you select a fair and

representative jury for a trial?

 The jury system

Jury trials have been part of the English legal tradition since at least the time of Magna
Carta in 1215. But the function of a jury in medieval England was very different from that of
today. In the relatively undeveloped legal scenario of post-Norman society, the purpose of a
jury was twofold:
firstly to define what the law was, and secondly to establish, through personal knowledge of
the defendant, whether the defendant was guilty or not.
In the modern jury system, a group of strangers are asked whether a person did or did not
commit certain acts. They do not bring a personal knowledge of the defendant into the
court, and they are expressly not required to comment on the law. The judge’s role is to
decide on which laws are relevant and on which piece of evidence can be introduced.
Jury trials are used in many serious criminal cases in common law systems.
In the civil law system juries tend to play a much more marginal role; ნაკლებად
მნიშვნელოვანი
the judge usually decides everything.
 Advantages and disadvantages of the jury system
Several criticisms have been made of the jury system. One is that jury service can seriously disrupt jurors’ lives,
( აფერხებს ნაფიცმსაჯულთა ცხოვრებას) particularly if the juror has a job and the trial lasts for several weeks
or even months.

Another major criticism is that in complex cases such as serious fraud, members of a jury may not be
the best people to decide guilt or innocence. There is a strong argument that because a judge is
trained in the law and has gained experience in adjudicating court cases( სასამართლო საქმების
განახილვა) , then he or she is in a much better position to make a verdict than a group of non-
experts, some of whom may have a limited education or little knowledge of legal matters.
There is also the question of costs: a long trial involving 12 jury members regularly attending court
ends up being very expensive for the state. The jury system could be seen as a luxury that we can no
longer afford.
On the other hand, 95 per cent of criminal cases are heard in magistrates courts without a jury, so
trials by jury only represent a small minority of cases..
More importantly, the fact that jury members are selected at random is a guarantee of
democracy: random selection ensures a representative cross-section of society in terms of
age, gender and ethnic background. Indeed, it is widely held that jury verdicts strengthen
democracies განაჩენები აძლიერებს დემოკრატიებს, which is why South Korea and Japan
have started to use them. In this respect the jury system is something of value. Moreover, 12
people working together may often be in a better position to give a verdict than one person
working alone. Every individual – judges included – has prejudices and preferences

It may also be easier for a defendant and for the public to accept the verdict of their peers
rather than that of a judge who is often seen as being very dissimilar from the ‘average
person’.
Finally, it could be argued that because the jury system has survived for 800 years,
evidently it must work. But others might argue that now is time for a change.
You are on the parole board of a prison which is so overcrowded that you
must release two prisoners. From the photographs and notes decide who
you should set free.
 1. Alan Jone: Murder. Poisoned wife slowly. Neighbors
say nice man; children love him. wife had lots of affairs.

Janet Green: Shoplifting, 10th offence. A tramp. Likes to

spend winter in prison
.

Miranda Morgan: Drug addict and dealer. Two unsuccessful

drug treatment programmes.

4. Mick Brown: Vandalism and football hooliganism. Low

intelligence. Violent when drunk.
Read the situation and write the names of crimes.
1) Several cars were damaged last night downtown, and graffiti was sprayed on
the walls of the Town Hall. V____
2) 2) The money, $27,000 was taken from the safe by two men carrying guns
and wearing masks. Police have no clues as to who committed this crime.
R________
3) 3) The young lady, age 21 from Paris, was caught with 3 T-shirts in her bag
which she hadn't paid for. She was immediately arrested. S_______
4) 4) The upstairs bedroom window was smashed and the TV was taken, as
well as the stereo, video recorder and $1700 in cash. B________
5) 5) The pilot was knocked unconscious and the plane was taken over by four
women who demanded political asylum in New Zealand. H_______
6) The men were discovered in their home with a printing
press and over 10,000 almost perfect copies of the new $10
bill. F_______
7) A Mexican was caught while selling cocaine to a
Canadian. D________
8) Finally the investigator managed to prove that it was
Mr. Andrews who shot his wife dead. M________
9) A man opens a law firm and pretends that he is a lawyer.
F________
1) vandalism
2) 2) robbery
3) 3) shoplifting
4) 4) burglary
5) 5) hijacking
6) 6) forgery
7) 7) drug dealing
8) 8) murder
9) 9) fraud