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UNIT 3 Grace Akkad

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Index Courtroom dictionary-------3 Courtroom expressions------6 Stages of a criminal trial---10 Character analysis----------13 Plot-----------------------14 Movie vs. book-------------15 Images--------------------17

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Courtroom Dictionary

Grace Akkad Elia

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COURTROOM VOCABULARY WORDS 1. Acquittal: A legal determination that a person who has

been charged with a crime is innocent. 2. Adjudicate: To decide judicially in court. 3. Appeal: A request for a higher court to review a

decision made by a lower court. 4. Arraignment: When the accused is brought before the

court to hear the charges against him or her. They plead guilty or not guilty at this time.

5. Bail: Security (usually money) to insure that the accused person appear at trial.

6. Conviction: The result of a criminal trial in which a person is found guilty.

7. Cross-examination: The questioning of a witness by the lawyer for the opposing side.

8. Direct-examination: The first questioning in a trial of a witness by the lawyer who called that witness

9. Oath: A declaration of a statement's truth, which renders one willfully asserting an untrue statement punishable for perjury.

10. Objection: The opposing side finds fault with the question being asked the witness.

11. Overruled: The judge, following an objection, decides the questions may continue.

12. Plead: To answer an allegation. 13. Proceeding: Any hearing or court appearance

related to the adjudication of a case. 14. Remand: To send a case back to the court from

which it came for further proceedings. 15. Reverse: To set aside a judgment on appeal or

proceedings in error. 16. Sustained: The judge, following an objection, agrees

that the line of questioning should not continue. 17. Verdict: A verdict of guilty or not guilty is handed

down by the jury. 18. Sentence: The punishment given to a person who

has been convicted of a crime. 19. Warrant: A written order from a judge or

magistrate that allows the police to arrest a person or

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to conduct a search. 20. Your Honor: The way a judge is addressed in a

courtroom.

http://courts.michigan.gov/plc/day-in-court/vocabulary/CourtroomVocabularyWords.pdf

Courtroom expressions

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• COURTROOM EXPRESSIONS

• Commands • As jurors you are not to be swayed by sympathy. • Bail should be continued. • Call your next witness. • Can you tell the jury … ? • Could you briefly describe … ? • Could you describe the appearance of (a package,

etc.)? • Counsel, lay a foundation. • Defendant will be remanded. • Don’t belabor the point counselor. • Don’t discuss the case. • Don’t volunteer explanations of your answers. • I direct the jury to disregard the statement that … • Jurors may be excused. • Keep your voice up. • Keep your own counsel, don’t talk about the case. • Let’s have the charge conference. • Make your application to Judge ( … ) . • May the record reflect … • May I have it? • Members of the jury, you are instructed to disregard … • Mr. X will reduce the decibel level. • Please proceed. • Please raise your right hand. • Please remain standing. • Please resume your seat. • Poll the jury. • Remember, you are under oath. • Rephrase the question. • See if you recognize it. • Speak into the microphone. • State your full name for the record. • The following prospective jurors are excused. • The witness will resume the stand. • Use your common sense. • Will the defendant please rise. • Will the prospective jurors please stand.

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• Will the people in the well of the courtroom please stand.

• Will the record reflect that the witness has identified the defendant.

• Will you call the first (next) case, Mr. (X)? • Would you raise your right hand? • Would you indicate … ? • Would you describe … ? • Would you point (someone) out? • Would you look at … ? • Would you state for the record … ? • Would you label that as (car, building, etc.)? • Would you mark that with an “x”? • You are excused. • You can proceed, Mr. (X). • You can resume your seat. • You can answer the question. • You have exhausted that subject, please move on. • You may answer the question. • You may be seated. • You may cross-examine, counsel. • You may inquire, Mr. X. • You may proceed. • You may step down.

• Requests for information (requiring a yes or no

answer) • Are you familiar with a device known as (a beeper, a

cell phone, etc.)? • Are you familiar with this? • Can you tell from looking (whether it’s yours, etc.)? • Directing your attention to People’s exhibit (one, etc.)

in evidence, can you tell the Court what is exhibit (one, etc.)?

• Do you recall making this statement? • Do you recall this question? • Do you recognize that exhibit? • Do you swear that this is a true and accurate

statement? • Do you swear to tell the truth, the whole truth and

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nothing but the truth, so help you God? • Do you swear to well and truly interpret these

proceedings, so help you God? • Do you solemnly swear (or affirm) that the answers you

are about to give, touching upon your qualifications to serve as jurors in this case now before the court, will be the truth, the whole truth and nothing but the truth, so help you God? (oath to prospective jurors)

• Do you want the jury polled? • Do you wish to say anything before sentence is

imposed? • Does (the picture, etc.) reasonably and accurately

depict (the building, etc.)? • Does that refresh your recollection? • Did you discuss (cocaine, etc.?) • Did you go to trial or did you plead guilty? • Did you notice anything about (the envelope, etc.)? • Did you post bail for (x’s) release? • Did you advise (someone) of his rights? • Did there come a time when you (left the house, etc.)? • Have you filed a notice (of appearance)? • Have you had any involvement with (the criminal

justice system, etc.)? • Have you had occasion to be involved with (an

investigation, etc.)? • Have you ever been involved in (drugs, etc.)? • Have you formed an opinion as to (the cause of death,

etc.)? • Have you reached a verdict? • Have you read the pre-sentence report? • Have you received a copy of the complaint? • Have you retained a lawyer or has one been appointed

for you? • Have you reviewed the pre-sentence report with your

client? • Is there anything that would prevent you from serving

fairly and impartially? • Is that your testimony? • Is there any reason why sentence should not be

imposed at this time? • Is time excluded, your Honor?

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• Is it fair to state (that you were living together, etc.)? • Isn’t it a fact that (you were his girlfriend, etc.)? • Isn’t that correct? • Isn’t that right? • Juror No. (x), is that your verdict? • What was your state of mind regarding the reliability

of the informant? • Would that refresh your recollection? • Would it be fair to say (that you knew him/her, etc.)

prior to that time? • Would you like the jury polled? • Would you like to be heard? • Would you like to say anything on your own behalf? • You and each of you, do solemnly swear (or affirm)

that you will well and truly try this case before you, and a true verdict render, according to the evidence and the law so help you God? (Oath to jurors on trial)

• You have the right to remain silent. Anything you say may be held against you in a court of law. You have the right to consult your lawyer and insure his presence at your interrogation. If you want a lawyer and can’t afford one, one will be appointed to you. Do you understand each and every right that has been explained to you? Having all these rights in mind, do you wish to talk to me now?

http://www.nevadajudiciary.us/index.php/component/content/article/308-common-courtroom-p

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Criminal trial stages.

Criminal trial.

-­‐ Opening statements: this is the part were the written report or the outline of the facts that each side will try to prove is read. Sometimes some people wait t the beginning of the defense case to open the statement.

-­‐ Prosecution case in chief: this is the part were the prosecution presents their criminal case through direct examination of chosen witnesses. One the prosecution has finished presenting the case, this part of the trial can conclude.

-­‐ Motion to dismiss: the defense can make a motion to dismiss all charges.

-­‐ Defense case in chief: this is the part when the defense can present their case through direct examination of a chosen witness.

-­‐ Prosecution rebuttal: the prosecution can present evidence to contradict the arguments presented by the defense.

-­‐ Closing arguments: the prosecution makes their closing remarks followed by the defense, then the prosecution summarizes their evidence and explains why he or she should be guilty. All the same, the defense summarizes

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their evidence and explains why the person should not be guilty.

-­‐ Jury instructions: the jury will be told which laws should be applied and how to carry out their duties.

-­‐ Jury deliberations: the jury will take time to deliberate about the case, once the jury has determined whether the person is guilty or not, it will be read to the court.

-­‐ Post-trial notice: if the jury decides the person is guilt, the defense will ask the judge to recheck the jury´s decision or ask for a new trial, but this permission is almost always denied.

-­‐ Sentencing: if the person was judged guilty, the judge will determine sentencing just after the verdict at the court.

-­‐ Arrest: To hold someone under the authority of law.

-­‐ Booking: recording the criminal case.

-­‐ Bail: Bail is money used to get temporary release of an arrested person before their case goes to trial.1

-­‐ Arraignment: Arraignment is the first appearance of an accused before a judge in a criminal proceeding where in the charges against him are read to him and his plea is recorded. During arraignment a lawyer is appointed when the defendant cannot afford the service of a lawyer.2

-­‐ Plea bargain: is an agreement between the defense and the prosecution in a criminal case according almost always a lower sentence.

                                                                                                               1  http://www.yourdictionary.com/bail  2  http://www.legal-­‐explanations.com/definitions/arraigxnment.htm  2  http://www.legal-­‐explanations.com/definitions/arraigxnment.htm  

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-­‐ Trial: the examination before a judicial tribunal of the facts put in issue in a cause, often including issues of law as well as those of fact.3

-­‐ Verdict: any decision take by the jury, conclusion.

-­‐ Acquittal: the decision of a jury or a judge when the defendant is not guilty, and the person is released.

                                                                                                               3  http://dictionary.reference.com/browse/trial  

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Character    analysis:  twelve  angry  men    

• Juror:  #  1  

• Name:    Courtney  Vance  

• Occupation:  a  high  school  assistant  head  coach.  

• Brief  description:  he  is  a  fair  person,  who  shows  patience  and  respect  

towards  others,  he  also  gets  everything  organized,  although  he  can  get  

offended  if  someone  insults  him  or  his  job  as  a  coach  or  as  foreman.  

• What  this  juror:  he  is  the  foreman,  the  one  who  has  the  authority  in  the  

room,  the  one  who  makes  everything  organized,  he  says  things  like  “we´d  

like  to  get  started”  or  “  let´s  take  seats”.  As  he  is  a  high  school  coach,  he  acts  

fairly  and  orderly,  he  carries  on  all  this  actions  in  the  jury  room.  

• What  other  jurors:  other  jurors  think  that  he  is  not  the  correct  person  to  be  

foreman  or  leader  of  the  meeting,  

• His  role  in  the  case/novel:  his  role  in  this  case  is  to  be  the  foreman,  the  

person  who  has  the  authority  in  the  room,  he  organizes  the  proceedings  

and  tries  to  get  everyone  calm  during  the  trial.  

• What  his  vote  was:  at  first  he  voted  “guilty”,  but  as  the  juror  number  8  

deliberates,  at  the  end  he  votes  “not  guilty”  

• What  would  have  happened  if  he  voted  differently?    If  he  would  have  voted  

“not  guilty”  at  the  very  first  time,  it  would  be  easier  for  juror  number  eight  

to  convince  the  other  jurors  to  vote  “not  guilty”.  Two  people  voting  against  

the  others  can  make  a  trial  case  a  little  bit  shorter,  and  maybe  they  wouldn´t  

have  so  many  voting  and  proceedings.  

• If  it  were  you,  what  would  your  vote  be?  Probably  my  vote  would  be  the  

same  as  the  foreman,  “guilty”  because  without  analyzing  the  case  

profoundly,  it  shows  that  the  teenager  killed  his  father,  but  as  juror  eight    

keeps  analyzing,  I  would  vote  “not  guilty”  at  the  end.  

 

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PLOT  

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MOVIE VS. BOOK Similarities Differences The discussion takes place in an isolated room.

The boy is 16 years old in the book, while in the movie he is 18

The room in a locked up and a guard is outside the door.

In the movie you can see the judges physically, while in the book some of them are generally describe. For example: the judge # 9 is old.

The only ones participating in the dialogue are the 12 judges.

Juror # 7 finally gets to turn on the fan.

There are two witnesses.

Juror # 10 gives up, but before he votes “not guilty”, he sits aside and thinks a lot.

The room is very hot, but suddenly it starts to rain.

juror # 3 tears up the picture of his son and starts to cry at the end of the movie.

The process of voting is the same At the end of the movie, jurors # 8 and # 9 say their names, while in the book they don´t say any name.

Juror # 3 is the last juror to vote “no guilty”

At the end of the movie, juror # 8 takes juror #3´s coat and gives it to him, while at the end of the book, juror# 8 stays looking at the window.

Juror # 8 has the same switch blade knife as the one that was found in the man´s body.

In the movie, they give us a general appearance of the court and the poeple that are in it, while in th book they don´t.

At the end the 12 jurors vote “not guilty”

In the movie, most of the jurors mention what their profession is, while in the book only two of them talk about it.

Juror # 3 is very agresive

In the movie juror#8 stands up while he talks, and in the movie they dont mention their movements or so, just in a few discussions.

The foreman is a very respectful man, who wants to organize the proceedings.

One of the biggest differences of the movie and the book, is that the reader imagines and characterizes the discussions and dialogues, while in

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the movie they show you the characters and the way the dialogues should have been imagined

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