2011年ESL之日常生活 18 Serving on a Jury-英语课

时间：2018-12-03 作者：英语课 分类：2011年ESL之日常生活

英语课

18 Serving on a Jury

GLOSSARY

jury – a group of people who listen to a legal case and reach an agreement onwhether someone is guilty (did the crime) or innocent (did not do the crime)

* The attorney hopes to have a jury with mostly women, because he thinks they’llbe more sympathetic toward his client.

judge – a person whose job is to maintain order in the courtroom during a legalcase and decide what punishment is appropriate if the defendant is found guilty

* The judge sentenced the murderer to life in prison.

to swear (someone) in – to make someone repeat a statement in a courtroom,promising to tell the truth before he or she speaks in a legal case

* Molly spoke for 40 minutes before anyone realized that they had forgotten toswear her in. Then she had to do it all over again.

prosecutor – an attorney who is trying to show that the defendant is guilty,arguing against the defense attorney

* The prosecutor did a very good job of proving the defendant was lying.

case – lawsuit; a legal argument; a legal accusation and defense that will beresolved in court

* Pierre is involved in a case against the state regarding his property taxes.

witness – a person who has knowledge of another person or event and goesinto a court to share that information

* Are there any witnesses who can confirm you were at the conference that day?

to testify – to formally and officially make a statement about what is true,especially in court

* Are you willing to testify about what you saw that day?

to sequester – to isolate; to prevent someone or a group of people from havingcontact with other people, newspapers, magazines, television, and radio

* The jury members were angry that they were sequestered for almost twoweeks.

high-profile – receiving a lot of attention because something is very important orshocking

* Every journalist dreams of interviewing high-profile celebrities and politicians.

foreman – the leader and spokesperson of a jury, who counts the jury members’

votes and announces their decision in the court

* Everyone in the courtroom was surprised when the foreman said, “We find thedefendant not guilty.”

defense attorney – a lawyer who is trying to show that the defendant is notguilty, arguing against the prosecutor

* Ulysses has been charged with auto theft, so now he needs to find a reallygood defense attorney.

exhibit – an object shown in a courtroom because it seems to show thedefendant is guilty or not guilty

* Exhibits for that case included the defendant’s blood-stained clothes and themurder weapon.

defendant – a person who has been accused of something and is trying to provehis or her innocence in the court

* The defendant claims she isn’t guilty, but I don’t believe her.

to take the stand – to officially speak in a courtroom during a trial, either as awitness or a defendant, when one has promised to tell the truth

* A real friend would never ask you to take the stand and lie to protect him.

to put a criminal behind bars – to punish someone who has broken the law byputting him or her in jail

* The new police chief has promised to fight corruption within the police force andto put all criminals behind bars.

impartial – not biased; objective; able to listen to what others say and analyzethe facts in order to make a fair decision, without basing it on the personalopinions one already has

* Teachers need to be impartial when they grade their students’ exams.

to convict – for someone to be found guilty in a courtroom trial

* Michelle was charged with tax evasion, but she was never convicted.

guilty – not innocent; having broken the law; having done something wrong

* After hours of questioning by police, the young man admitted that he was guiltyof the robbery.

COMPREHENSION QUESTIONS

1. What does Jihno mean when he says, “The judge swore us in”?

a) The judge made them make an oral promise.

b) The judge yelled and swore at them.

c) The judge gave them special robes to wear.

2. What happens when a jury is sequestered?

a) The jury members are not allowed to interact with other people.

b) The jury members have to pay a fine.

c) The jury members receive a stipend for their work.

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WHAT ELSE DOES IT MEAN?

to swear (one) in

The phrase “to swear (one) in,” in this podcast, means to make someone repeata statement in a courtroom, promising to tell the truth before he or she speaks ina legal case: “Once the judge swears you in, you have to tell the truth.” Thephrase “to swear at (someone)” means to curse or to say very bad words to insultor offend another person: “What are the bank tellers supposed to do when angrycustomers start swearing at them?” The verb “to swear” also means to promiseto do something: “I swear I’ll help you next weekend. I just can’t do it right now.”

Finally, the phrase “I could have sworn” is used when one thought one wascorrect, but just found out that one was wrong: “I could have sworn I knew hisphone number, but I was wrong.”

exhibit

In this podcast, the word “exhibit” means an object shown in a courtroombecause it seems to show the defendant is guilty or not guilty: “In that trial, mostof the exhibits were photographs of the crime scene.” In a museum, an “exhibit”

or an “exhibition” is a thing or a group of related things that are displayed forviewing: “Next month we’re going to see a new exhibit on modern art.” As averb, “to exhibit,” means to put art or other objects on display: “The NationalGeographic Museum had a fascinating exhibit on the climbers of Mount Everest.”

The verb “to exhibit” can also mean to show some feeling or characteristic: “Doyou think women can exhibit strong emotions but still be perceived asprofessionals?”

CULTURE NOTE

Getting a Summons for Jury Duty“Jury duty” (the process of serving on a jury) is a responsibility for all U.S.

citizens – some people argue it is a “privilege” (an honor) as well. Anyone canbe selected for jury duty at any time, but they must be more than 18 years old,“proficient” (able to speak) in English, and not convicted of a “felony” (seriouscrime).

First, an individual receives a “summons” (a written document requesting one’spresence at a future date and time). The letter states which court to go to andwhen. Some people can “excuse themselves” (ask not to do something) fromjury duty if they “fall into” (are in) certain categories. For example, people areexcused from jury duty if they are over 70 years old, if they work in “public safety”

(fire and police departments), if they served on another jury recently, if they are awoman who is “breastfeeding” (giving human milk to a baby), and if they can“demonstrate” (prove; show) “undue” (unreasonable) hardship or extremeinconvenience.

After arriving at the courthouse, the potential jurors fill out a “questionnaire” (awritten document with many questions) about their background, opinions, andbeliefs. Then, they are called into the courtroom one at a time or in small groups,where the prosecutor and the defense attorney ask them questions. Theattorneys may “dismiss” (choose not to have or use) individuals for certainreasons, such as a “bias” (pre-existing belief) related to the case, or perhapsopposition to the “death penalty” (punishment by death for serious crimes).

Once the jurors have been selected, they are told when to come back to thecourthouse for the trial, but they never know how long the trial will last. Sometrials last only a few hours or days; others can last for weeks.

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Comprehension Questions Correct Answers: 1 – a; 2 – a

COMPLETE TRANSCRIPT

Welcome to English as a Second Language Podcast number 718: Serving on aJury.

This is English as a Second Language Podcast episode 718. I’m your host, Dr.

Jeff McQuillan, coming to you from the Center for Educational Development inbeautiful Los Angeles, California.

Our website is eslpod.com. You know what to do. Go there, download aLearning Guide, and support ESL Podcast.

This episode is a dialogue between Samantha and Jinho; it is talking about beingon a “jury,” a group of people in a courtroom who decide whether someone isinnocent or guilty. Let’s get started.

[start of dialogue]

Samantha: How was your first day on a jury?

Jinho: It was okay. The judge swore us in and then we listened to the beginningof the prosecutor’s case. Two witnesses testified.

Samantha: That sounds exciting! I’d love to be on a jury. Why didn’t theysequester you? That’s what they do on TV.

Jinho: We didn’t need to be sequestered. This isn’t a high-profile case. Hey,guess what? I was selected as foreman.

Samantha: Wow, that’s a lot of responsibility.

Jinho: It’s no big deal. I think I was selected because nobody else wanted thejob.

Samantha: What’ll happen tomorrow?

Jinho: We’ll hear the rest of the prosecutor’s case and then the defense attorneywill put on her case. I’m sure the entire thing will be over in three or four days.

Samantha: Were there any interesting exhibits? Will the defendant take thestand?

Jinho: No, no interesting exhibits so far, and I’m not sure if the defendant willtake the stand.

Samantha: I wish I were in your place. I’d love to put a criminal behind bars.

Jinho: You’re supposed to be impartial when you’re on a jury, remember?

Samantha: Oh sure, I’d only convict the guilty defendants – just like on TV!

[end of dialogue]

Samantha begins by asking Jinho, “How was your first day on a jury?” A “jury”

(jury) is a group of people in a courtroom, in a legal case, who decide whethersomeone is innocent or guilty – whether they did the crime or did not do thecrime. Juries can also be used to decide whether one person has wrongedanother person and has to pay them money. Juries can be used for both criminalcases, cases involving someone breaking the law, as well as civil cases, casesinvolving people who have damaged or done damage to someone else, and thatperson is trying to get money back from them.

Jinho says, “It was okay. The judge swore us in and then we listened to thebeginning of the prosecutor’s case.” The “judge” is the man or woman who issort of the boss of the courtroom. When you go to a court, there’ll be one personwho is in charge, who decides who talks or who can say what. This personsometimes makes a decision about whether someone is guilty or innocent insome courtrooms. But for most cases, there is a group of citizens, what we callthe “jury,” typically 12 of them, who make the decision.

So, the judge swore the jury in. “Swore” is the past tense of the verb “swear.”

“To swear in (someone)” or “to swear (someone) in” means to make them repeata statement, a sentence or two, where they promise to do something. For a jury,they promise to listen to the facts of the case and make an honest determination– an honest decision about whether the person is guilty or not. For someonewho is a “witness,” someone who is going to be giving evidence in the case, thatperson is sworn in to tell the truth. The traditional phrase is “To tell the truth, thewhole truth, and nothing but the truth,” that is, only the truth.

So, the judge swore in the jury, “and then we listened to the beginning of theprosecutors case,” Jinho says. I should mention that “swear” has a couple ofother meanings in English as well, some important meanings; take a look at theLearning Guide for those. The “prosecutor” is the lawyer – the attorney – whoworks for the government, and his or her job is to show that this person is guilty.

The person works for and defends person who is being accused of a crime – thatis, the person that they are trying to put in jail, that attorney is called the“defense” attorney. So you have a defense attorney and a prosecuting attorneyin a criminal case. In a civil case, you have a “plaintiff,” someone who’s making acomplaint, and a “defendant,” someone who is defending themselves against thiscomplaint. Well, in this case we have a criminal case, so there’s a prosecutorfrom the government. After they were sworn in, Jinho says that two witnessestestified. A “witness” is a person who has some knowledge about the event, or inthis case the crime. “To testify” means to formally make a statement, to go infront of the judge and the jury and to say what you think happened or what youknow about a certain case.

Samantha says, “That sounds exciting! I’d love to be on a jury. Why didn’t theysequester you? That’s what they do on TV.” “To sequester” (sequester) meansto isolate. Sometimes when there’s a very important case the judge doesn’t wantthe jury to become influenced by the newspapers and other people talking aboutthe case, so they will sequester the jury. They’ll put them in a hotel, take awaytheir televisions, not allow them to read the newspaper until trial is over. This isnot a common procedure; it’s not done very often. It’s only done for very famouscases; cases, that is, that are getting a lot of publicity, a lot of newspapercoverage. Here in Los Angeles, the O.J. Simpson murder trial 20 years ago wasa case where they had a sequestered jury. Samantha says, “That’s what they doon TV,” meaning well, that’s what television shows show happening. But ofcourse, that’s not reality.

Jinho says, “We didn’t need to be sequestered. This isn’t a high-profile case.”

Something that is “high-profile” is something that is receiving a lot of attentionbecause it is important or involves someone famous. Celebrities – famouspeople here in Los Angeles are always getting into trouble with drugs or alcohol,and sometimes they get caught by the police and they have to go to court. Thatwould be an example of a high-profile case, something that everyone is payingattention to.

Jinho says, “Hey, guess what? I was selected as foreman.” The “foreman”

(foreman) is the leader of the jury. He or she is the person who is in charge ofthe jury, helping the jury make a decision. They still just have one vote, but thejury selects a leader so that you can have one person leading the discussionduring the time when they discuss whether the person is guilty or innocent afterthe end of all the testimony – of all the evidence. That period is called“deliberations,” when they sit around in a group by themselves to decide whetherthe person was guilty or not.

Samantha says, “Wow, that’s a lot of responsibility.” Jinho says, “It’s no bigdeal,” meaning it wasn’t that important. “I think I was selected because nobodyelse wanted the job,” that is, no one else wanted to be the foreman. Samanthasays, “What happens tomorrow?” Jinho says, “We’ll hear the rest of theprosecutor’s case and then the defense attorney will put on her case.”

Remember, the defense attorney is the person defending the person who isbeing accused of the crime. Jinho says, “I’m sure the entire thing will be over inthree or four days.”

Samantha says, “Were there any interesting exhibits?” “Exhibits” in a courtroomcase are objects or documents related to the case that are brought in and shownto the jury and discussed by the attorneys. “Exhibit” has a couple of differentmeanings in English; take a look at our Learning Guide for some more of those.

Samantha asks if there were any interesting exhibits; she then asks, “Will thedefendant take the stand?” The “defendant” is the person who is being defendedby the defense attorney, the person being accused of the crime that thegovernment wants to put in jail. “To take the stand” means to stand up – actuallyto go into a chair and sit and give an official statement about what happened.

You can take the stand as a witness, you know something and so you go andyou tell what you know. Or, you could take the stand as the defendant, theperson who is being accused of the crime.

Jinho says, “No, no interesting exhibits so far, and I’m not sure if the defendantwill take the stand.” Samantha says, “I wish I were in your place. I’d love to puta criminal behind bars.” “To put a criminal behind bars” means to punishsomeone who has broken the law by putting them in jail. Of course, that’s what ajury does; if they decide the person is guilty they are putting him or her behindbars, that is, in a prison – in a jail. Jinho says, “You’re supposed to be impartialwhen you’re on a jury, remember?” “To be impartial” (impartial) means to beable to listen to what other people say and make a fair decision, not one basedon your own ideas, not biased. We might also say to make an “objective”

decision. Samantha says, “Oh sure, I’d only convict the guilty defendants – justlike on TV!” “To convict” means to find someone guilty in a courtroom trial. “Tobe guilty,” as you probably know, is the opposite of “innocent,” meaning you’vedone something wrong, you’ve broken the law. On the television shows wewatch, of course, only the bad people – the guilty people are convicted, are putbehind bars. In the real world, it’s not quite that easy!

Now let’s listen to the dialogue, this time at a normal speed.