VOA慢速英语2009年-THIS IS AMERICA - Beyond 'Law & Order': Th

VOICE ONE:

Welcome to THIS IS AMERICA in VOA Special English. I'm Steve Ember.

VOICE TWO:
　
An artist's drawing shows a lawyer giving his closing arguments to the jury during a federal court case in Washington, D.C. in 2007.

And I'm Barbara Klein. This week on our program, we take a look at the jury system in the United States.

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VOICE ONE:

A listener in Ulaanbaatar, Mongolia, Batmunkh Buyantogtokh, wants to learn more about American juries. For that, we visit a courtroom that looks much like the ones in movies and TV shows like "Law & Order."

We are in the Superior Court of the District of Columbia. The D.C. Superior Court is the general trial court for the city of Washington.

This is the fourth day in the case of a man accused of assault with a deadly weapon. We could not bring in a recorder, but the courtroom is mostly quiet except for the lawyers, witnesses and judge talking.

To the judge's right, along the side of the courtroom, is an area where twelve people are seated. In the front row is a man with glasses who looks old enough to be retired¹. A woman dressed like a young professional sits behind him, listening as a witness is questioned. A man also in his twenties or thirties rocks back in his seat. His hair is cut on both sides of his head; down the middle stands a mohawk.

These three and the other nine people are the members of the jury.

VOICE TWO:

Each day, thousands of Americans are called to serve on jury duty. The idea of citizens hearing legal arguments might date back to the ancient Greeks and Egyptians. But the modern trial by jury is a British tradition that colonists² brought to North America centuries ago.

Laws on jury trials differ from state to state. But the United States Constitution guarantees the right to trial by jury. The Sixth Amendment³ establishes the right in all federal criminal cases. The Seventh Amendment gives the same right in civil cases that involve more than a small amount of money.

VOICE ONE:

The American system has three kinds of juries. The most common one is the petit jury. "Petit" -- p-e-t-i-t – comes from the French word for small. Petit juries can have as few as five or six members or as many as twelve. Twelve is traditionally the number in a criminal case.

Often a jury trial will last only a day or two. But some go for weeks or even months.
　
A judge at the Gage⁴ County Court in Beatrice, Nebraska, speaks to jurors during a murder trial last year.

During a trial, lawyers for the opposing sides question the witnesses who testify. The lawyers also make opening and closing statements to the jury. At the end, the judge makes a final statement to the jury. The judge explains the laws that govern the decision the jury is asked to make.

VOICE TWO:

The jury then deliberates. The members meet in private, choose a leader and try to agree on a judgment⁵. Most states require all the jurors in a criminal case to agree on the verdict.

Sometimes a jury is unable to reach a verdict. This is called a hung jury. The judge declares a mistrial. Prosecutors⁶ then have to decide whether to try the case again.

Juries decide questions of fact; judges decide questions of law. A judge may overrule a jury's decision in some situations, but that is unusual. Decisions by judges and juries can be appealed to higher courts.

Juries rarely decide sentences. An exception is when a jury is asked to recommend either execution or life in prison in murder cases punishable by death.

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VOICE ONE:

Under American law, a person is considered innocent until proven guilty. Also, there is constitutional protection against double jeopardy⁷ -- being put on trial twice for the same crime. In mistrials, though, prosecutors may retry a case until a jury reaches a verdict.

The verdict is either "guilty" or "not guilty." Jurors must find a defendant⁸ not guilty even if they are not completely sure the person is innocent of any crime. Jurors only need to have a "reasonable doubt" -- a reasonable question in their mind -- that the person is guilty as charged. This is true for criminal cases, but civil cases are different.

VOICE TWO:

Individuals and organizations can bring a lawsuit⁹ in court if they believe they have suffered a civil wrong. Many lawsuits¹⁰ are settled without a trial. But if a trial is held, jurors are not required to decide "beyond a reasonable doubt." They must decide only that there is enough evidence to support the accusations¹¹.

The jury might also award damages. The money could be the amount requested by the plaintiff, the one bringing the action. Or it could be less. Or it could be more, if the jury wants to punish the losing party and set an example for others.

VOICE ONE:

A grand jury is bigger than a petit jury. The United States has two kinds of grand juries. The charging grand jury decides if there is enough evidence to bring someone to trial. If the jury decides there is, then it returns an indictment¹².

The second kind is the investigative grand jury. Officials often call this kind of grand jury together in cases of organized crime or suspected corruption¹³ by public officials. The jurors are asked to approve efforts to gather evidence, often secretly, to build a case.

VOICE TWO:

Some investigations¹⁵ in the United States are heard by a coroner's jury. A coroner is a local medical examiner. The coroner usually calls six jurors to a hearing known as an inquest.

An inquest takes place when someone has died under suspicious or unknown conditions. The jury is asked to decide the cause of death.

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VOICE ONE:

Courts choose people for jury duty from public records, like lists of voters or drivers. Some people are excused for health or family reasons, or because they cannot take time from work.

The judge and lawyers for both sides in a case question possible jurors. Lawyers try to choose those they think will be more sympathetic to their side. And they try to exclude those they think will be more sympathetic to the other side.

VOICE TWO:

Lawyers sometimes use experts to help them choose jurors. But jury consultants¹⁶ cost a lot more than most average defendants¹⁷ can afford.

In criminal cases, suspects who do not have enough money for a lawyer are given one free of charge to represent them. Critics of the criminal justice system, however, point out that public defenders¹⁸ are often overworked and underpaid.

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VOICE ONE:
　
D.C. Superior Court Judge Melvin Wright says television shows like 'Law & Order' do not show trials the way they really happen.

Millions of people recognize the music from "Law & Order." But just how realistic are the trials acted out by Hollywood?

MELVIN WRIGHT: "I think people who watch T.V. get a false sense of what happens in real trials."

VOICE ONE:

Melvin Wright has been a judge for eleven years. He serves on the D.C. Superior Court. He says just choosing a jury even for the simplest trials can often take two or three hours.

VOICE ONE:

And he says programs like "CSI: Crime Scene Investigation¹⁴" suggest that scientific evidence is used much more often than it really is. Judge Wright says the cost of gathering¹⁹ lots of scientific evidence can limit the use in real-life trials.

VOICE TWO:

In Washington, jurors receive thirty dollars a day for jury duty. Private employers are not required to pay workers for their time on a jury.

People called for jury duty at the D.C. Superior Court are asked to watch a video explaining the rules of jury service. They are asked to serve for either one day or one trial. If they are not chosen for a trial after a day, they are not required to return. The court provides child care for jurors with young children.

VOICE ONE:

Members of a jury can take notes during a trial. Some courts even let jurors ask questions. But there are supposed to be limits to how much information jurors may gather by themselves. Many courts are rewriting their rules to deal with the use of the Internet and mobile devices.

Judge Melvin Wright explains how the D.C. Superior Court handles this issue:

MELVIN WRIGHT: "We instruct jurors that they cannot during the course of a trial use Google or Twitter or any other electronic device to obtain information. Everything that they are supposed to learn has to come from inside the courtroom."

"The theory is this: If you talk to someone or you go to another source like Google to get information, you have gotten input²⁰ from a source that the other jurors have not."

VOICE TWO:

Earlier this year, a judge in the state of Florida was forced to declare a mistrial after eight weeks in a federal drug case.

At first, one juror admitted to searching the Internet. But the judge questioned the remaining jurors and discovered that eight others had also gone online to research or discuss the case.

Jurors are not supposed to discuss a case with anyone else during a trial. But the rules are not easy to enforce when the jury goes home at night.

MELVIN WRIGHT: "There is no way we can monitor the activities of each juror twenty-four hours a day. So we have to have some trust that people will do what we tell them to do."

VOICE ONE:

American courts do most of their work without a jury. But legal experts say ninety percent of all jury trials in the world are in the United States. We asked Judge Melvin Wright what he considers the strengths and weaknesses of the American system.

MELVIN WRIGHT: "The criminal justice system relies on the testimony²¹ of persons and their ability to tell the truth. And sometimes people are honestly mistaken. Sometimes people come in and lie and people are convicted. So the system is not foolproof."

"But overall, it is in our view, the better system than anywhere else in the world because it gives average citizens an opportunity to listen to the evidence and make independent judgments²² the government is not part of."

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VOICE TWO:

Our program was written and produced by Brianna Blake. I'm Barbara Klein.

VOICE ONE:

And I'm Steve Ember. To read and listen to our programs online, go to voaspecialenglish.com. Join us again next week for THIS IS AMERICA in VOA Special English.

 

1 retired   

adj.隐退的，退休的，退役的

参考例句：

• The old man retired to the country for rest.这位老人下乡休息去了。
• Many retired people take up gardening as a hobby.许多退休的人都以从事园艺为嗜好。

2 colonists   

n.殖民地开拓者，移民，殖民地居民( colonist的名词复数 )

参考例句：

• Colonists from Europe populated many parts of the Americas. 欧洲的殖民者移居到了美洲的许多地方。 来自《简明英汉词典》
• Some of the early colonists were cruel to the native population. 有些早期移居殖民地的人对当地居民很残忍。 来自《简明英汉词典》

3 amendment   

n.改正，修正，改善，修正案

参考例句：

• The amendment was rejected by 207 voters to 143.这项修正案以207票对143票被否决。
• The Opposition has tabled an amendment to the bill.反对党已经就该议案提交了一项修正条款。

4 gage   

n.标准尺寸，规格；量规，量表 [=gauge]

参考例句：

• Can you gage what her reaction is likely to be?你能揣测她的反应可能是什么吗？
• It's difficult to gage one's character.要判断一个人的品格是很困难的。

5 judgment   

n.审判；判断力，识别力，看法，意见

参考例句：

• The chairman flatters himself on his judgment of people.主席自认为他审视人比别人高明。
• He's a man of excellent judgment.他眼力过人。

6 prosecutors   

检举人( prosecutor的名词复数 )； 告发人； 起诉人； 公诉人

参考例句：

• In some places,public prosecutors are elected rather than appointed. 在有些地方，检察官是经选举而非任命产生的。 来自口语例句
• You've been summoned to the Prosecutors' Office, 2 days later. 你在两天以后被宣到了检察官的办公室。

7 jeopardy   

n.危险；危难

参考例句：

• His foolish behaviour may put his whole future in jeopardy.他愚蠢的行为可能毁了他一生的前程。
• It is precisely at this juncture that the boss finds himself in double jeopardy.恰恰在这个关键时刻，上司发现自己处于进退两难的境地。

8 defendant   

n.被告；adj.处于被告地位的

参考例句：

• The judge rejected a bribe from the defendant's family.法官拒收被告家属的贿赂。
• The defendant was borne down by the weight of evidence.有力的证据使被告认输了。

9 lawsuit   

n.诉讼，控诉

参考例句：

• They threatened him with a lawsuit.他们以诉讼威逼他。
• He was perpetually involving himself in this long lawsuit.他使自己无休止地卷入这场长时间的诉讼。

10 lawsuits   

n.诉讼( lawsuit的名词复数 )

参考例句：

• Lawsuits involving property rights and farming and grazing rights increased markedly. 涉及财产权，耕作与放牧权的诉讼案件显著地增加。 来自辞典例句
• I've lost and won more lawsuits than any man in England. 全英国的人算我官司打得最多，赢的也多，输的也多。 来自辞典例句

11 accusations   

n.指责( accusation的名词复数 )；指控；控告；（被告发、控告的）罪名

参考例句：

• There were accusations of plagiarism. 曾有过关于剽窃的指控。
• He remained unruffled by their accusations. 对于他们的指控他处之泰然。

12 indictment   

n.起诉；诉状

参考例句：

• He handed up the indictment to the supreme court.他把起诉书送交最高法院。
• They issued an indictment against them.他们起诉了他们。

13 corruption   

n.腐败，堕落，贪污

参考例句：

• The people asked the government to hit out against corruption and theft.人民要求政府严惩贪污盗窃。
• The old man reviled against corruption.那老人痛斥了贪污舞弊。

14 investigation   

n.调查，调查研究

参考例句：

• In an investigation,a new fact became known, which told against him.在调查中新发现了一件对他不利的事实。
• He drew the conclusion by building on his own investigation.他根据自己的调查研究作出结论。

15 investigations   

（正式的）调查( investigation的名词复数 )； 侦查； 科学研究； 学术研究

参考例句：

• His investigations were intensive and thorough but revealed nothing. 他进行了深入彻底的调查，但没有发现什么。
• He often sent them out to make investigations. 他常常派他们出去作调查。

16 consultants   

顾问( consultant的名词复数 )； 高级顾问医生，会诊医生

参考例句：

• a firm of management consultants 管理咨询公司
• There're many consultants in hospital. 医院里有很多会诊医生。

17 defendants   

被告( defendant的名词复数 )

参考例句：

• The courts heard that the six defendants had been coerced into making a confession. 法官审判时发现6位被告人曾被迫承认罪行。
• As in courts, the defendants are represented by legal counsel. 与法院相同，被告有辩护律师作为代表。 来自英汉非文学 - 政府文件

18 defenders   

n.防御者( defender的名词复数 )；守卫者；保护者；辩护者

参考例句：

• The defenders were outnumbered and had to give in. 抵抗者寡不敌众，只能投降。 来自《简明英汉词典》
• After hard fighting,the defenders were still masters of the city. 守军经过奋战仍然控制着城市。 来自《简明英汉词典》

19 gathering   

n.集会，聚会，聚集

参考例句：

• He called on Mr. White to speak at the gathering.他请怀特先生在集会上讲话。
• He is on the wing gathering material for his novels.他正忙于为他的小说收集资料。

20 input   

n.输入(物)；投入；vt.把(数据等)输入计算机

参考例句：

• I will forever be grateful for his considerable input.我将永远感激他的大量投入。
• All this information had to be input onto the computer.所有这些信息都必须输入计算机。

21 testimony   

n.证词；见证，证明

参考例句：

• The testimony given by him is dubious.他所作的证据是可疑的。
• He was called in to bear testimony to what the police officer said.他被传入为警官所说的话作证。

22 judgments   

判断( judgment的名词复数 )； 鉴定； 评价； 审判

参考例句：

• A peculiar austerity marked his judgments of modern life. 他对现代生活的批评带着一种特殊的苛刻。
• He is swift with his judgments. 他判断迅速。