THIS IS AMERICA - The Jury System

THIS IS AMERICA - The Jury¹ System
By Jerilyn Watson

Broadcast: Monday, May 10, 2004

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VOICE ONE:

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

VOICE TWO:

And I'm Faith Lapidus. Today, we examine a British legal tradition that settlers brought here centuries ago: trial by jury.

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VOICE ONE:

 
The United States Constitution
The Sixth Amendment² to the Constitution establishes the right to a jury trial in all federal criminal cases. The Seventh Amendment gives the same right in civil cases that involve more than a small amount of money. States also have their own laws that govern jury trials.

The United States has three kinds of juries³. The most common is called the petit jury. Petit juries decide both criminal and civil cases. They can have as few as five or six members or as many as twelve. Often a jury trial lasts only a day or two, but some can go much longer.

During a trial, lawyers for opposing sides question people called to give evidence. The lawyers also make opening and closing statements to the jury.

VOICE TWO:

At the end, the judge makes a final statement to the jury. The judge explains the laws that govern the decision the jury must make. For example, in a criminal trial, the judge explains reasonable doubt.

Under American law, a person is considered innocent until proven guilty. Jurors do not have to be completely sure that the person is innocent. They only need to have a reasonable question in their mind. Unless they are sure the person is guilty as charged, they must find the suspect not guilty.

Directions to juries are often full of legal language. California and other states have been trying to make them easier to understand.

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VOICE ONE:

Juries meet in private to reach a judgment⁴. Most states require all the jurors in a criminal case to agree on the verdict⁵. A few states now require only a majority vote.

 
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When a jury cannot reach a verdict, it is called a hung jury. There was a recent example in New York. A jury failed to agree on criminal charges against two former leaders of Tyco International, a manufacturing and service company.

Dennis Kozlowski served as chief executive⁷. Mark Swartz was chief financial officer. The two men were accused of stealing six-hundred-million dollars from Tyco. Both pleaded⁸ not guilty.

VOICE TWO:

Eleven members of the jury believed the men were guilty of at least some of the charges. The twelfth juror, however, disagreed. She held to her opinion during days of argument with other jurors.

Finally, in early April, the judge declared a mistrial with a hung jury. He blamed outside pressure on the juror. News media usually do not report the names of jurors, at least until a trial ends. However, this juror was said to have made an "O.K." sign with her hand to lawyers for the defense⁹.

The trial lasted six months. Another trial may take place, since the first ended without a verdict.

VOICE ONE:

Individuals and organizations that believe they have suffered a civil wrong can bring a lawsuit¹⁰ in court. This process is called filing suit. Many lawsuits¹¹ are settled out of court. If a trial is held, jurors are not required to decide beyond a reasonable doubt, like in a criminal case. They must decide only that there is enough evidence to support the accusations¹². The jury might also award thousands or millions of dollars in damages, if requested.

VOICE TWO:

Another kind of jury is the grand jury. As many as twenty-three people may serve on one. 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 enough, then it indicts¹³ the person.

In April, a grand jury in California indicted¹⁴ Michael Jackson. The entertainer faces charges of sexual¹⁵ crimes with a child. A petty¹⁶ jury will have to decide the case at a trial.

The other kind of grand jury is called the investigatory grand jury. Officials often call this kind of grand jury together in cases of organized crime or wrongdoing by government officials. The jurors are asked to approve efforts to gather evidence, often secretly.

VOICE ONE:

There was an interesting case a few years ago in the state of Connecticut. A judge acted as a one-person jury to investigate the death of a fifteen-year-old girl. Martha Moxley was killed in nineteen-seventy-five.

 
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The judge gathered evidence that led to the trial of a man who had lived near the girl. The man was also fifteen years old at the time of the killing¹⁷. A petit jury found him guilty and sentenced him to prison.

Finally, some investigations¹⁸ 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 suspicious¹⁹ or unknown conditions. The jury is asked to decide the cause of death.

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VOICE TWO:

Courts choose jurors from public records like lists of voters or automobile²⁰ drivers. People called to jury duty receive some questions by mail. Are they American citizens? Do they understand English? Do they have a mental or physical disability that would interfere²¹? Some people are excused for health or family reasons, or because they cannot take time from work. But jury service is considered a duty of citizenship²².

A judge asks more questions once a jury is being chosen for a trial. So do lawyers for both sides in the case. Many times, they can reject people without the need to give a reason.

In some big cases, hundreds of people are called. Lawyers may use jury experts to help them choose the ones who seem most sympathetic. Some people say this is not fair.

VOICE ONE:

Jurors are not supposed to form opinions or know too much about a case before the trial begins. But sometimes it is difficult to find such people.

In California, a man named Scott Peterson has been charged with the murder of his pregnant²³ wife, Laci. Mister Peterson denies the charges. It would be difficult to live in the United States and not have heard or read about this case.

Lawyers for Mister Peterson asked to have the trial moved out of the city where police believe the crime took place. The lawyers said he would not be able to get a fair trial there. So earlier this year a judge agreed to a move.

But on May third the head of the defense team requested another change. He said it was still not possible to find enough people who could be trusted to serve as fair-minded jurors.

VOICE TWO:

There are criticisms of the American jury system. Some involve issues that divide Americans in general. One such issue is race. An example often used is the case of O.J. Simpson, the former actor and football player. Mister Simpson is black. He was charged in Los Angeles with killing his former wife and a male friend of hers, both white.

VOICE ONE:

In nineteen-ninety-five, a mainly African American jury found O.J. Simpson not guilty of criminal charges. Later, a mainly white jury ruled against him in a civil case brought by the families of the victims. The jury ordered him to pay millions of dollars in damages.

Public opinion research found that most white Americans believed that the criminal jury freed a guilty man. Most black Americans believed the civil jury punished an innocent man. Neither group thought the other had acted out of a desire for justice.

Wealth is another issue for critics of the legal system. One recent example involves Martha Stewart. In March a jury found the businesswoman guilty of lying about her sale of shares in a company.

One of the jurors later said the verdict meant a defeat for the rich and powerful. Commentators²⁴ questioned whether the man had decided²⁵ that Martha Stewart was guilty before the trial began.

VOICE TWO:

Choosing average Americans to serve on juries is considered the democratic way. But legal cases are increasingly complex. Many are difficult for the average person to understand. Yet jurors may not even be permitted to take notes as they listen to evidence.

Legal experts sometimes say that people who would make the best jurors do not want to serve. Or, they are not wanted. Lawyers for one side or the other might consider them too smart, and so more difficult to influence.

Many people called to jury duty for the first time think it will not be worth the trouble. Afterward²⁶, a common reaction is that they enjoyed and learned from the experience. They say the jury system is not perfect, but no one has yet to find a better way.

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VOICE ONE:

Our program was written by Jerilyn Watson and produced by Caty Weaver²⁷. I'm Steve Ember.

VOICE TWO:

And I'm Faith Lapidus. Join us again next week for This is America, in VOA Special English.

1 jury   

n.陪审团，评委会；adj.临时用的；vt.挑选

参考例句：

• These twelve men are believed to compose the jury.据信，陪审团是由这12人组成的。
• The members of the jury were discharged from their duties.陪审员们被解除了职务。

2 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。

3 juries   

n.陪审团( jury的名词复数 )；评判委员会

参考例句：

• Grand juries have enormous powers to investigate wrong-doing by public officials as well as private citizens. 大陪审团拥有极大权力调查政府官员及平民的过失。
• Juries for a state court are drawn from the county in which the court is located. 州法院的陪审员一般从该法院所在的县选取，而联邦法院的陪审员则从整个地区选取，包括许多县。

4 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。

5 verdict   

n.裁决，结论，定论，判断

参考例句：

• The verdict of the jury was given in his favour.陪审团作出了对他有利的结论。
• Not satisfied with the verdict,they decided to make an appeal.他们不服判决，决定申诉。

6 graphic   

adj.生动的，形象的，绘画的，文字的，图表的

参考例句：

• The book gave a graphic description of the war.这本书生动地描述了战争的情况。
• Distinguish important text items in lists with graphic icons.用图标来区分重要的文本项。

7 executive   

adj.执行的，行政的；n.执行者，行政官，经理

参考例句：

• A good executive usually gets on well with people.一个好的高级管理人员通常与人们相处得很好。
• He is a man of great executive ability.他是个具有极高管理能力的人。

8 pleaded   

恳求，请求( plead的过去式和过去分词 )； 提出…为借口[理由]； （向法庭）陈述案情； （在法庭）申辩，认罪，辩护

参考例句：

• She pleaded with him not to go. 她恳求他不要离开。
• She wept and pleaded until he agreed to do as she wished. 她哭着恳求他，一直到他答应按她的愿望去做。

9 defense   

n.防御，保卫；[pl.]防务工事；辩护，答辩

参考例句：

• The accused has the right to defense.被告人有权获得辩护。
• The war has impacted the area with military and defense workers.战争使那个地区挤满了军队和防御工程人员。

10 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。

11 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

12 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。

13 indicts   

控告，起诉( indict的第三人称单数 )

参考例句：

• If the grand jury indicts the suspect, he will go to trial. 如果大陪审团指控嫌疑犯，他就得上法庭。
• The grand jury indicts or refuses to indict accused persons. 大陪审团可起诉或拒绝起诉被告。

14 indicted   

控告，起诉( indict的过去式和过去分词 )

参考例句：

• The senator was indicted for murder. 那位参议员被控犯谋杀罪。
• He was indicted by a grand jury on two counts of murder. 他被大陪审团以两项谋杀罪名起诉。

15 sexual   

adj.性的，两性的，性别的

参考例句：

• He was a person of gross sexual appetites.他是个性欲旺盛的人。
• It is socially irresponsible to refuse young people advice on sexual matters.拒绝向年轻人提供性方面的建议是对社会不负责任。

16 petty   

adj.小的，琐碎的，不重要的，心胸狭窄的

参考例句：

• The removal of petty restrictions has made life easier.对一些琐碎规定的取消使生活更自在了。
• It was petty of her not to accept the apology.她气量太小，连道歉也不接受。

17 killing   

n.巨额利润；突然赚大钱，发大财

参考例句：

• Investors are set to make a killing from the sell-off.投资者准备清仓以便大赚一笔。
• Last week my brother made a killing on Wall Street.上个周我兄弟在华尔街赚了一大笔。

18 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。

19 suspicious   

adj.可疑的，容易引起怀疑的，猜疑的，疑心的

参考例句：

• A man was hanging about the house in a suspicious manner.一个男人在房子周围可疑地荡来荡去。
• He's so suspicious he would distrust his own mother.他这个人疑心太重，连自己的母亲也不相信。

20 automobile   

n.汽车，机动车

参考例句：

• He is repairing the brake lever of an automobile.他正在修理汽车的刹车杆。
• The automobile slowed down to go around the curves in the road.汽车在路上转弯时放慢了速度。

21 interfere   

v.(in)干涉，干预；(with)妨碍，打扰

参考例句：

• If we interfere, it may do more harm than good.如果我们干预的话，可能弊多利少。
• When others interfere in the affair,it always makes troubles. 别人一卷入这一事件，棘手的事情就来了。

22 citizenship   

n.市民权，公民权，国民的义务(身份)

参考例句：

• He was born in Sweden,but he doesn't have Swedish citizenship.他在瑞典出生，但没有瑞典公民身分。
• Ten years later,she chose to take Australian citizenship.十年后，她选择了澳大利亚国籍。

23 pregnant   

adj.怀孕的，怀胎的

参考例句：

• She is a pregnant woman.她是一名孕妇。
• She is pregnant with her first child.她怀了第一胎。

24 commentators   

n.评论员( commentator的名词复数 )；时事评论员；注释者；实况广播员

参考例句：

• Sports commentators repeat the same phrases ad nauseam. 体育解说员翻来覆去说着同样的词语，真叫人腻烦。
• Television sports commentators repeat the same phrases ad nauseam. 电视体育解说员说来说去就是那么几句话，令人厌烦。 来自《简明英汉词典》

25 decided   

adj.决定了的，坚决的；明显的，明确的

参考例句：

• This gave them a decided advantage over their opponents.这使他们比对手具有明显的优势。
• There is a decided difference between British and Chinese way of greeting.英国人和中国人打招呼的方式有很明显的区别。

26 afterward   

adv.后来；以后

参考例句：

• Let's go to the theatre first and eat afterward. 让我们先去看戏，然后吃饭。
• Afterward,the boy became a very famous artist.后来，这男孩成为一个很有名的艺术家。

27 weaver   

n.织布工；编织者

参考例句：

• She was a fast weaver and the cloth was very good.她织布织得很快，而且布的质量很好。
• The eager weaver did not notice my confusion.热心的纺织工人没有注意到我的狼狈相。