27 апреля 2010 года в Институте гуманитарного образования и информационных технологий состоялось открытое занятие по учебной дисциплине «Деловой английский». На этот раз студентам юридического факультета ИГУМО предстояла зашита проектов на межфакультетской кафедре иностранных языков.
Проектный метод работы со студентами был введен в институте в качестве эксперимента в начале этого года, для того, чтобы дать возможность студентам, особенно интересующимся изучением английского языка, развивать свои навыки и умения иноязычного общения, работая над избранной ими темой.
Самостоятельный выбор студентов, как и следовало ожидать, определил в качестве приоритетных темы, связанные с их профессиональными интересами. Студенты подготовили доклады и презентации по двум темам: «Суд присяжных»,«Американская правовая система».
Работа по погружению в профессиональную лексику в формате английского языка ведется в институте на протяжении нескольких лет. Так, студенты юридического факультета читают иностранные статьи на правовые темы, изучают и подготавливают важные и интересные материалы для презентации, проводят опрос общественного мнения, осуществляют поиск статистических данных, делают самостоятельные выводы, т. е. активно занимаются творческим и научным поиском.
Только за прошедший учебный год в ИГУМО было успешно защищено 11 проектов, которые представили:
Студенты 4 курса (юридический факультет) – Анастасян А., Шайдуллина Р.– «Права заключенных. Международные сравнения»;
Студенты 3 курса (юридический факультет) – Могачев Д., Гурницкий А. – «Правосознание»;
Студенты 3 курса (юридический факультет) – Орехова Н., Соколова М. – «Смертная казнь»;
Студенты 2 курса (юридический факультет) – Ваганян Н., Абрамушкин С. – «Суд присяжных»;
Студентка 2 курса (юридический факультет) – Карахан А. «Американская правовая система»;
Студенты 2 курса (юридический факультет) – Кинцурашвили И., Нармания М. – «Профессия – юрист»;
Студентка 1 курса (юридический факультет) – Яковлева А. «Семейное право»;
Студент 4 курса (факультет экономики и менеджмента) – Усенко М. «Креативность в рекламе»;
Студент 3 курса (факультет экономики и менеджмента) – Буров С. «Экономика Соединенных Штатов»
Студент 3 курса (факультет экономики и менеджмента) – Климанов И. «Банковская система – в России и за рубежом»;
Студент 3 курса (факультет экономики и менеджмента) – Хачатрян Г. «Стимулирование рабочего процесса».
Проектная работа, которая ведется в институте, представляется важной, так как позволяет не только дать дополнительную языковую практику сильным студентам, но и пополнить электронную библиотеку института интересными текстами и заданиями на английском языке.
Защита проектов студентами юридического факультета (Ваганян Норайр, Абрамушкин Сергей и Карахан Арминэ), проведенная 27 апреля 2010 года зав. кафедрой иностранных языков Широких А. Ю., была прокомментирована присутствующими на ней преподавателями:
Старший преподаватель кафедры иностранных языков Федяинова М. В.:
«Я давно не имела дело с юридической тематикой. Но меня увлекли презентации студентов, очень интересные. Я узнала много нового, даже открыла для себя какие-то психологические моменты в работе суда присяжных».
Отрадно, что относительно юные люди, каковыми и являются студенты юридического 2 курса юридического факультета ИГУМО, могут уверенно, да еще и на хорошем английском языке, говорить на профессиональные темы, и не просто рассказывать, но и заинтересовывать слушателей. Представляю, каких результатов они достигнут к 5 курсу, если принять к сведению, что им предстоит учить английский еще 2 года!
Однозначно таких студентов, как в ИГУМО, надо развивать и стимулировать к познанию и совершенствованию английского языка. Ведь это не секрет: некоторые особенности нашей правовой системы приходят с запада, отношения с партнерами за границей становятся все крепче, и международное сотрудничество ставится во главу угла многими предприятиями и юридическими фирмами. Как же важно знать английский в наше время! И если человек по окончании института не только владеет своей профессией, но и может общаться на английском языке – это прекрасно!
Студенты 2 курса юридического факультета, прекрасно подготовленные зав. кафедрой Широких А. Ю., без проблем воспринимают любую речь на слух, ясно выражают свои мысли. Бесспорно, заслуга преподавателя.
Старший преподаватель кафедры иностранных языков Чернобыль С. А.:
«Я работаю в Институте гуманитарного образования и информационных технологий уже не первый год. Этот эксперимент – первый опыт работы с проектами – считаю удачным. Результат налицо. Студент неязыкового (в данном случае, юридического) факультета может говорить на английском языке на профессиональную тематику на протяжении 20 минут! Это не может не радовать.
Лексика в юридическом английском языке очень сложная, архаичная, труднопроизносимая, много очень специфичных терминов, староанглийских оборотов речи, латинизмов. Удивительно, насколько студенты 2 курса юридического факультета ИГУМО легко справляются с таким сложным стилем английского языка!
Я слушала защиту двух проектов – „Суд присяжных“ и „Американская правовая система“. Честно говоря, первая тема была интереснее, и выступавшие, в частности Ваганян Норайр, продемонстрировал очень хорошее классическое английское произношение – слушать было просто приятно. Это отнюдь не значит, что второй проект „провалился“ — он тоже не был слабым.
Жалею, что не видела защиту других проектов в этом году. Надеюсь, что в следующем году работа в этом направлении будет продолжена не только на юридическом факультете и на факультете экономики и менеджмента ИГУМО, но и для студентов других специальностей. Тогда появится возможность организовать большую, уважаемую комиссию, или жюри, и, может быть, устроить конкурс проектов – безусловно, уровень подготовки студентов института позволяет рассчитывать на высокую результативность. Во всяком случае, начало положено хорошее».
Мнение ректора ИГУМО, доктора юридических наук, профессора Волынкиной М. В.:
«Посещение подобных занятий помогает еще раз осознать тот великий трудовой подвиг, который совершает преподаватель каждый день, приходя в аудиторию с очередными инновационными идеями.
Анна Юрьевна Широких – один из наших лучших преподавателей, которых не просто любят и ценят студенты ИГУМО, это педагог, отдающий все силы служению делу Высшего ОБРАЗОВАНИЯ.
Приятно, что хочется говорить эти слова не в честь очередного юбилея, а просто в благодарность за честный, ответственный труд!»
Работы студентов факультета экономики и менеджмента:
Project 1 Burov S.
ECONOMY OF THE UNITED STATES
The economy of the United States is the largest national economy in the world. Its gross domestic product (GDP) was estimated as $14.2 trillion in 2008. The U.S. economy maintains a high level of output per person (GDP per capita, $46,800 in 2008, ranked at around number ten in the world). The U.S. economy has maintained a stable overall GDP growth rate, a low unemployment rate, and high levels of research and capital investment funded by both national and foreign investors. In 2008, seventy-two percent of the economic activity in the U.S. came from consumers.
Major economic concerns in the U.S. include:
· external debt
· entitlement liabilities
· corporate debt
· mortgage debt
· a low savings rate
· falling house prices
· a large current account deficit.
In September 2008 the gross U.S. external debt was over $13.6 trillion, the most external debt of any country in the world. The 2008 estimate of the United States public debt was 73% of GDP. In March 2009, the total U.S. federal debt exceeded $10.9 trillion, about $37,850 per capita.
The economic history of the United States has its roots in European settlements in the 16th, 17th, and 18th centuries. The American colonies progressed from marginally successful colonial economies to a small, independent farming economy, which in 1776 became the United States of America. In 230 years the United States grew to a huge, integrated, industrialized economy that makes up over a quarter of the world economy. The main factors stimulating the growth of the economy are:
· a large unified market
- a supportive political-legal system,
- vast areas of highly productive farmlands,
- vast natural resources (especially timber, coal and oil),
- an entrepreneurial spirit and commitment to investing in material and human capital.
In addition, the U.S. was able to exploit these resources due to a unique set of institutions designed to encourage exploration and extraction. The economy has maintained high wages, attracting immigrants by the millions from all over the world.
For many years following the Great Depression of the 1930s US government sought to strengthen the economy by spending heavily itself or cutting taxes so that consumers would spend more, and by fostering rapid growth in the money supply, which also encouraged more spending.
In the 1970s, in the time of the Vietnam conflict, major prices increased, particularly for energy and created a strong fear of inflation. As a result, government leaders came to concentrate more on controlling inflation than on combating recession by limiting spending.
Since spending and taxes are controlled by the president and the U.S. Congress, these elected officials play a leading role in directing the economy. A period of high inflation, high unemployment, and huge government deficits weakened confidence in fiscal policy as a tool for regulating the overall pace of economic activity. Instead, monetary policy assumed growing prominence.
Since the stagflation of the 1970s, the U.S. economy has been characterized by somewhat slower growth.
The worst recession in recent decades, in terms of lost output, occurred in the 1973-75 period of oil shocks, when GDP fell by 3.1 percent, followed by the 1981-82 recession, when GDP dropped by 2.9 percent.
Output fell by 1.3 percent in the 1990-91 downturn, and a tiny 0.3 percent in the 2001 recession. The 2001 downturn lasted just eight months.
In recent years, the primary economic concerns have centered on:
· high household debt ($14 trillion) including $2.5 trillion in consumer debt,
· high national debt ($9 trillion),
· high corporate debt ($9 trillion),
· high mortgage debt (over $10 trillion as of 2005 year-end),
· high unfunded Medicare liability ($30 trillion),
· high unfunded Social Security liability ($12 trillion),
· high external debt (amount owed to foreign lenders),
· high trade deficits,
· a serious deterioration in the United States net international investment position (NIIP) (-24% of GDP).
In 2006, the U.S economy had its lowest saving rate since 1933. These issues have raised concerns among economists and national politicians.
The United States entered 2008 during a housing market correction, a subprime mortgage crisis and a declining dollar value. On December 1, 2008, the NBER declared that the United States entered a recession.
The global financial crisis of 2008–2009
According to economists such as Larry Summers and Paul Krugman, the enormous inflow of capital from China is one of the causes of the global financial crisis of 2008–2009. China had been buying huge quantities of dollar assets to keep its currency value low and its export economy humming, which caused American interest rates and saving rates to remain artificially low. These low interest rates, in turn, contributed to the United States housing bubble because when mortgages are cheap, house prices are inflated as people can afford to borrow more.
Predictions about the direction of the United States economy in the short term and long term are crucial factors in determining federal government policies, business decisions, and Federal Reserve decisions. Several institutions make economic predictions, including: Global Insight, and the UCLA Anderson Forecast. Various state agencies, including the California Department of Finance, also make predictions.
We won’t make any predictions today but we shall try to watch how the national debt of the U.S. will change over the years.
Project 2 Usenko M.
We are going to talk about the interaction of creativity and advertising and see how these two notions influence each other’s development in the present day society.
We all know what advertising is. The scientific definition given by the internet marketing dictionary is the following: advertising is a paid form of a non personal message communicated through the various media by industry, business firms, nonprofit organizations, or individuals. Advertising is persuasive and informational and is designed to influence the purchasing behavior and/or thought patterns of the audience. Advertising is a marketing tool and may be used in combination with other marketing tools, such as sales promotions, personal selling tactics, or publicity.
Certainly, advertising has become an important part of our life, but sometimes we feel that it is becoming more and more boring and uninteresting. Can a boring and dull work of art (the design of an advertisement is first of all an art) reach the primary goal of advertising – to draw attention of the buyer to the certain goods and to help to make purchase.
Any really good advertisement should include the following basic points:
1. to inform about new products.
2. to sell products and services.
3. to take care about customers.
Making up an advertisement is a long mental and physical process which consists of certain steps.
The first stage is information. Any creative process starts with getting information.
If a task or a problem appears, it must be solved. One of the most important things at this stage is to define the problem as clearly as you can. Practice proves that a clearly formulated problem is already half solved.
Then it is necessary to decompose the problem into the fragments and to gather other relevant fact about the matter. The gathered information must include the answers to the following basic questions:
· for what purpose?
· by what means?
· within what period?
Incubation is the next stage. This stage is even more important stage, because at this stage the mental process of creative work is in full swing at the unconscious level. The matter is that having obtained the data and other relevant information, it is advisable to put off work and switche to other things for a while. As psychologists say at this period meditation over the project will take a different form and will be transferred from the conscious to subconscious level. As subconscious level plays a great role in human ability to create and invent, this stage will allow the brains find ways in several directions simultaneously and find a new interesting solution to the problem. Practice shows that the most interesting solutions come up precisely during the pause in the work on a project, for example, when you are picking up apple in a garden (remember Newton?) or just cooking supper for the family.
Illumination is the third stage. The moment, when ideas come spontaneously, as if they fall from the sky, is the result of the previous stages.
This occurs when sub consciousness has already worked on the problem and under the pressure of vital life impressions has come to several possible solutions and worked out several new ideas.
Ideas can come and go within seconds. Therefore the basic requirement for the stage of illumination is that you must be always ready to fix your any time of day and night. And you should agree that it’s rather difficult for a present day manager whose flow of thoughts is rapid and impetuous.
Integration is the fourth stage. The idea originated in the stage of illumination is never the final product. At the previous stage there was only a schematic idea, now the task is to bring the idea to perfection. And it’s the task for the conscious part of our brains. It may so happen that the initial form of the idea is quite different from its final form.
Final result is the technical stage when you are to make your idea real, so that everyone could admire and what’s more get interested in the information you submit to public judgment.
So I’d like to remind you the definition of creativity, but now we take this concept from the point of view of a psychologist. Creativity is a mental and social process involving the generation of new ideas or concepts, or new associations of the creative mind between existing ideas or concepts. Creativity is fueled by the process of either conscious or unconscious insight. An alternative conception of creativeness is that it is simply the act of making something new.
Is it necessary to be born creative or it is possible to learn this skill?
Creativity has been attributed variously to divine intervention, cognitive processes, the social environment, personality traits, and chance ("accident"). It has been associated with genius, mental illness and humor. Some say it is a trait we are born with; others say it can be taught with the application of simple techniques. Creativity has also been viewed as a beneficence of Muses.
And what’s yours opinion?
Project 3 Klimanov I.
SYSTEM OF BANKING
In god we trust. All others cash.
Banks are the most important link in the world of money because:
1. They transfer money from a customer to a seller by operating the system of payments.
2. Almost everyone in the world uses or has used banking services.
3. Families and companies keep their savings there, and banks pay them interest rates on their deposits.
4. Commercial organizations, owners of real estate, individuals take loans for their needs.
The services provided by banks are bellow:
1. The provision of safe deposit facilities for money and valuables.
2. The lending of money: this is the most profitable activity of the banks and the one which provides most of their income.
3. The issuing of banknotes: in England and Wales this right is restricted to the Bank of England. But some banks in Scotland and Northern Ireland retain the right to issue their own banknotes.
4. The provision of efficient money transmission services (e.g. cheques, credit cards)
In addition to these basic functions, modern banks provide a wide range of other financial services.
Remember that banks are private businesses. You should be aware and check which bank offers the best services for your needs, for example, compare rates of interests on accounts before you choose a bank.
It’s more convenient to open both a checking and savings account at the same bank. If you have a savings account and a checking account in the same bank, you can often telephone and ask to transfer funds from your saving account to your checking account.
A cashier’s check is a check written for you by your bank. You give the bank the money (or it is taken from your account) and the clerk writes a cashier’s check, charging a small fee for the service.
A cashier’s check is easier to cash than a personal check, and it is safer than carrying a large amount of cash. A cashier’s check can be cashed at any bank or business.
Most countries have a central bank, which is responsible for the operation of the banking system. The central bank in the UK is the Bank of England, which became the state bank in 1946.
It has many responsibilities:
• It has legal powers to supervise the operations of other banks
• Other banks have accounts at the Bank of England
• It manages the national debt
• It is the lender of last resort
• It acts as the government’s agent in the foreign exchange market
• It carries out the government’s monetary policy
The Russian banking system has to conform to the generally accepted standards.
All banks use their superior position in the finance market and try to make bigger profits with the minimum risk. Thus, banks often break the law by refusal to conduct non-profitable operations. The result is that not all operations are done as they should be, because of the prepossession of the banks to their clients.
Everything in the economy is controlled by money, and banks are a tool-kit for the economy - controlling the money circulation and offering services to make that circulation easier. A healthy and stable economy of any country depends on healthy banking services.
Project 4 Khachatryan H.
MOTIVATION AT WORK: HOW TO RECHARGE YOUR WORK
Many people don’t feel motivated at work: The motivational techniques used by most managers don’t work.
Most of the standard motivational tools like promotions, bonuses, employee of the month awards, pep-talks and free-pizza-nights are harmful to the commitment of employees.
The result: 60-80% of workers are not engaged at work. They feel little or no loyalty, passion or motivation on the job.
There are four different kinds of motivation.
Motivation can be intrinsic or extrinsic. Intrinsic motivation is when you want to do something. Extrinsic motivation is when somebody else tries to make you do something.
There is positive and negative motivation. Positive motivation is when you want to get something – motivation towards some goal. Negative motivation is away from something you want to avoid.
Combine these two dimensions and we get four kinds of motivation.
Extrinsic motivation doesn’t work
If you take away the punishment or reward, the motivation disappears.
If the punishment or rewards stay at the same levels, motivation slowly drops off. To get the same motivation next time requires a bigger reward.
Punishing or rewarding people for doing something removes their own innate desire to do it on their own. From now on you must punish/reward every time to get them to do it.
Five ways to max-up your motivation at work
Keep your ambition in check
The desire to work hard is strong when the incentive to impress and prove yourself is high. Mismanaged ambition will decrease your passion to work hard and burn you out.
Manage your ambition by being smart about whom you impress and how you impress them. Balance effort with payback by making sure your actions are low effort to you and high value to them.
Find out how to get from A to B
Fuzzy, unclear goals are a major drain on work motivation. Get clarity on how to get from A to B, and when. What exactly is the expected end result?
Planning your route in advance will keep your work flowing.
Who do you want to be like? Do you think they know how to do everything themselves?
If you don’t know how to do something, find someone who does and copy him or her. Use all resources to hand – websites, books, colleagues, relations, friends, TV characters, and professionals. Save time and learn from their mistakes, not yours.
Or get someone else to do it.
If the work is taking too long, you’re either doing too much or not doing it right. Set boundaries in your work life.
Be strict about when you arrive and when you leave work, and all the breaks your body needs in between. Be strict about time to build relationships and time to work.
Be strict about what is and isn’t your job. We’re all one great big team at work, so make sure the ball is passed around ALL players.
Push your limits
Sometimes we get so busy educating and developing others; we forget to develop our own skills.
Treat your own development like you would treat your team's or friend’s or partner's. Take time to discover what you want to do with your life and plan your personal development.
Making Work Rewarding
Ensure that your work is satisfying to the people who report to you:
Today's workers at all levels want to know why they are doing something. Don't just say, "Drop everything you're doing and rush this shipment out." Instead, take two minutes to explain why.
Today's workers want to work hard and have pride in their work-but they need recognition for their contribution. Be generous with compliments.
Today's workers want to be seen by their managers-but many shy away. Small group meetings where you ask for suggestions are a good way to get people involved.
Today's workers want to feel that their work is making a difference. Explain why their work matters. Tell them success stories about people who use your.
Helping Employees Progress
For many employees it's important to feel that they are always growing, learning, and progressing. With the few employees at small firms and flatter management structures, it's a challenge to fulfill this need.
Работы студентов юридического факультета
Project 1 Anastasyan A. / Shaidullina R.
RIGHTS OF INMATES IN THE USA AND RUSSIAN FEDERATION. COMPARISONS.
Prison makes no one better. This saying expresses the modern attitude to what is supposed to be a social institution of criminals’ reformation. Everyone knows that conditions in prisons all over the world leave much to be desired. Here we shall try to explore the system which makes the prisoners people who are not wanted by the society they were punished any more.
We shall start with some state adopted regulations which stipulate the lives of prisoners. These are the basic rights of inmates in US:
1.Inmates have the right to expect that as a human being they will be treated respectfully, impartially and fairly by all detention members.
2.Inmates have the right to be informed of the rules, procedures and schedules concerning the operation of each detention facility.
3.Inmates have the right to the following: nutritious meals, proper bedding, clean clothing and a laundry schedule for exchanging county issued items, an opportunity to shower regularly, toilet articles and accessible medical treatment.
4.Inmates have the right to correspond with family members and friends.
5.Inmates have the right to unrestricted and confidential access to the court by correspondence.
6.Inmates have the right to legal counsel from an attorney through interviews and correspondence.
7.Inmates have the right to a variety of reading materials.
8.Inmates have the right to participate in educational programs and work assignments as far as resources are available and in keeping with your interests, needs and abilities.
9.Inmates have the right to attend non-denominational religious services as provided by volunteer clergy.
These are the rights of prisoners in Russian Federation.
Права Заключенных в РФ:
1. Осужденные имеют право на получение информации о своих правах и обязанностях
2. Осужденные имеют право на вежливое обращение со стороны персонала учреждения, исполняющего наказания.
3. Осужденные независимо от их согласия не могут быть подвергнуты медицинским и иным опытам, которые ставят под угрозу их жизнь и здоровье.
4. Осужденные имеют право обращаться с предложениями, заявлениями и жалобами.
5. Осужденные имеют право на охрану здоровья (т.ч. на психологическую помощь)
6. Осужденные имеют право на социальное обеспечение.
7. Для получения юридической помощи осужденные могут пользоваться услугами адвокатов, а также иных лиц, имеющих право на оказание такой помощи.
8. Осужденные имеют право на личную безопасность.
9.Осужденные имеют право на свободу совести и вероисповедания.
Inmates in Russian and American prisons also have some basic rights that define their life behind bars and which are particularly important for sustaining their well-being in prison.
Inmates have a right to go for a time-limited walk. Duration of this walk depends on the type of prison and conditions of the inmate life there, but it cannot be less than one hour.
Inmates have a right to convict labor. In prison system labor is a way to rehabilitate convicts. Some prisoners cannot be involved in labor because of their behavior but for others it is the only escape from boredom, guilty conscience and other problems.
Prison administration must give all inmates an opportunity to have physical and sports training to keep themselves fit and healthy.
Prisoners have a right to fundamental education, but in prison education is a privilege of well behaving inmates. Education sometimes is the only way to start a new life when out of prison.
All inmates have a right to get medical and psychological care. NO INMATE WILL BE DENIED HEALTH CARE FOR ANY REASON. All medical expenses are covered by the state.
So, as you see everything seems quite OK, but is it so in practice?
In this diagram you can compare mortality rate in Russian and US prisons.(Deaths per 100 000 inmates in a year.) Despite the fact that Russian and the US laws in this sphere are quite similar, in practice inmates in these countries live in extremely different conditions.
Here you can see that in comparison to Russia and the USA, Canada is spending much more money on custody of one inmate per day. Canada is the world leading country in this sphere.
One of the most serious problems in Russian penitentiary system is bad cell conditions caused by lack of funding. Minimal room space in Russian prisons is 2 square meters per person.
In the USA minimal room space is 6-8 square meters – depending on the state.
According to human rights defenders violence is widespread in Russian prisons.
Prisoners are being abused by the jailors and the administration. Thus, their rights are barely protected.
Russian authorities should make some changes in our penitentiary system to refine it and make it a better place for rehabilitating convicts:
- increase funding of imprisonment system;
-provide better meals and organize leisure for convicts;
-build new prisons, where inmates will have more living space so they could live in cells not in barracks;
-increase public control over prison administration;
-pay more attention to rehabilitation of inmates and divide good and bad of them.
If you were in authority to spend government money to improve conditions in Russian prisons, what would you start with?
Choose three the most important things to do from the following list, for example: 2, 4, and 9
1. provide better meals
2. organize leisure
3. provide more living space by building new prisons
4. increase public control over prison administration
5. organize in and after prison rehabilitation of inmates
6. introduce a within prison system of benefits for good behavior
7. let prisoners see their relatives on a more regular basis
8. provide internet access and regular post correspondence
9. let all prisoners get free education
10. improve health and psychological care within prison
Prison is another world but we can change it…
Project 2 Karahan Armine
AMERICAN LEGAL SYSTEM: GENERAL OUTLOOK
The main document on which everything is based and referred to in the USA is Constitution. What is it in terms of legality?
The US Constitution:
1. is the foundation of the federal government of the US
2. and it sets out the boundaries of Federal Law
History of the USA law
The law of the United States was originally derived from the common law system of English law which was in force at the time of the Revolutionary War.
U.S. law has diverged greatly from its English ancestor both in terms of substance and procedure, and has incorporated a number of civil law innovations.
The US Constitution applies to everyone in the US, irrespective of citizenship or immigration status, and even illegal immigrants have most of the same basic legal rights as US citizens.
Most rights and freedoms enjoyed by Americans are enshrined in the first ten amendments of the US Constitution and popularly known as the ‘Bill of Rights’.
The following is the first 10 amendments to the United States Constitution, called the "Bill of Rights", these amendments were ratified on December 15, 1791. This document covers the following points:
1. Freedom of Speech, Press, Religion and Petition
2. Right to keep and bear arms
3. Conditions for quarters of soldiers
4. Right of search and seizure regulated
5. Provisions concerning prosecution
6. Right to a speedy trial, witnesses, etc.
7. Right to a trial by jury
8. Excessive bail, cruel punishment
9. Rule of construction of Constitution
10. Rights of the States under Constitution
The following should be said about the US Judiciary System.
The US Judiciary
• is independent of the government
• consists of the Supreme Court, the US Court of Appeals and the US District Courts.
The Supreme Court in its turn
• consists of nine judges who are appointed for life by the President.
• its decisions are final and legally binding on all parties.
• reviews the activities of state and federal governments and decides whether laws are constitutional.
• has the right to nullify laws passed by Congress and even declare the actions of US presidents unconstitutional.
• and when appointing a Supreme Court judge, the President’s selection is based on a candidate’s political and other views, which must usually correspond with his own.
Dual-sovereign system of American federalism is called dual because it consists of:
• the federal sovereign
• and each state is a sovereign
If you look at the map below you will see the states of the country, what a huge territory they occupy and you may suppose how different they may be in culture, customs, traditions and even the language (you may know that Spanish is widely spoken in the south, that there are some French and German settlements in the north and so on).
Never assume that the law is the same in different states (Conflict of State Laws is a popular course in American law schools).
There are many variations in state and local laws. These are some particular laws which are binding only for the states they were made in. and as you can see they are quite funny, intriguing and bizarre. But what can Federal Government do with it if each state can issue laws of its own? So, let’s have a look at them.
Dumb Laws in Alabama
· It is illegal to maim oneself to escape duty.
· You may not drive barefooted.
· It is illegal to wear a fake moustache that causes laughter in church.
· Masks may not be worn in public.
Dumb Laws in Georgia
· Members of the state assembly cannot be ticketed for speeding while the state assembly is in session.
· Signs are required to be written in English.
Dumb Laws in Minnesota
· It is illegal to stand around any building without a good reason to be there.
· It is illegal to sleep naked.
Dumb Laws in New York
· You may not smoke within 100 feet of the entrance to a public building.
· It is against the law to throw a ball at someone’s head for fun.
Dumb Laws in California
· Women may not drive in a house coat.
· Bathhouses are against the law.
If you think that we just made up these laws in order to amuse you, maybe even make you laugh, you are mistaken. Let’s take the last in the list – “Bathhouses are against the law” made in the state of California. The full text of the regulation is below, so we just gave you the gist of this ridiculous law.
(a) Every building or place used for the purpose of illegal gambling as defined by state law or local ordinance, lewdness, assignation, or prostitution, and every building or place in or upon which acts of illegal gambling as defined by state law or local ordinance, lewdness, assignation, or prostitution, are held or occur, is a nuisance which shall be enjoined, abated, and prevented, and for which damages may be recovered, whether it is a public or private nuisance.
Nothing in this subdivision shall be construed to apply the definition of a nuisance to a private residence where illegal gambling is conducted on an intermittent basis and without the purpose of producing profit for the owner or occupier of the premises.
(b) Every building or place used as a bathhouse which as a primary activity encourages or permits conduct that according to the guidelines of the federal Centers for Disease Control can transmit AIDS, including, but not limited to, anal intercourse, oral copulation, or vaginal intercourse, is a nuisance which shall be enjoined, abated, and prevented, and for which damages may be recovered, whether it is a public or private nuisance.
For purposes of this subdivision, a "bathhouse" is to be defined as a business which, as its primary purpose, provides facilities for a spa, whirlpool, communal bath, sauna, steam bath, mineral bath, mud bath, or facilities for swimming.
Why does this law exist?
This law was enacted shortly after the AIDS epidemic came into the News in the 1980's. Bathhouses were one of the primary places people could go for anonymous sex. This law was designed to curtail exposure to HIV and other STD's.
So, that’s what America like!
Project 3 Yakovleva A.
Do you agree that marriage starts with love? And what is love? We are so often overwhelmed with all sorts of feelings and social pressures. And feelings are confusing.
Love is based on more than just physical attraction. Sure, attraction is a factor, but love goes deeper than that. Love is based on caring, friendship, commitment and trust. Isn’t it a basis for a family?
When you are in love it is as if you have your best most trusted friend at your side and you feel physically attracted to him. Doesn’t it look like an ideal family? Love is a shared feeling between two people who have a vested interest in one another’s happiness.
Love is not about jealousy. It is not about conflict. It is not about testing. Love is a positive feeling. If it is tainted by mistrust, jealousy, insecurity or spitefulness it is not really love but merely a pale copy.
The modern society is so far from ideal that laws worldwide tend to stipulate certain limitations on spouses’ behavior within a family. Let’s take the newly introduced marriage contracts.
What makes spouses want to file legal regulations about division of property, spousal pensions or a child support?
Mistrust, I think. Not only law but even customs regulate love relationships. Nowadays in opposition to the past you can't sue for breach of promise of marriage, though some states still allow it, for example in Alberta, British Columbia. When engagement rings are given before the engagement is broken off, the rule is whoever broke off the engagement forfeits the ring. So if your boyfriend decides that he doesn't want to get married after giving you an engagement ring, you can keep the ring. Once there was a case in the US when a jury awarded $178.000 in damages to a woman who sued her former fiancé for breaking their seven week engagement. They said it was for pain, suffering, and for psychiatric counseling expenses.
The law defines marriage as the state-recognized, voluntary and exclusive contract for the lifelong union of two persons. Lifelong? It’s a challenge.
Life can be a cruel thing. A fatal flaw can nullify a marriage. The law recognizes the following marriages as void:
· those where one of the spouses is already married;
· those between closely related persons;
· where a mistake of identity of the partner has been made;
· where one or both of the parties were intoxicated during the ceremony to the point where their consent could not have been given;
· where a person is threatened into marriage;
· where they were mislead as to the nature of the ceremony (this could occur where it was held in a language not understood by one of the parties);
· marriages below a certain age, for example 15 years old.
Marriages of convenience, such as for social assistance, income tax or immigration purposes, are not voidable on that grounds alone because the courts don't care about the motive for marrying. Do you think it is fair?
Divorce or annulment proceedings on one of the above-mentioned grounds are the proper way to affect a legal end to a marriage.
The language of divorce proceedings is so rhythmical! One can’t help rhyming. This is the poem our teacher of English gives us to study the terms of divorce proceedings. How many terms can you find? Do you know what they mean?
Divorces can be “fault” and “no-fault”
The first agree on child custody and support
The parties have no claims to purport
And that eliminates the need for formal hearing in court.
But if the grounds for divorce
Are serious like adultery and no remorse
Like quarrels and cruelty in response
File an application to the court
And the law will help you sue in tort.
The application should be paragraphed
Refer to why the marriage collapsed
Who the children are
The custody on a par
And the family property claim advanced.
But any marriage has a chance of reconciliation
A way to dissolve a dispute is mediation
Try pragmatics and neutral evaluation
An impartial party may offer arbitration
So surely there’s no risk of separation.
Project 4 Sokolova M. / Orehova N.
Death squares all accounts.
Might goes before right.
Eat, drink and be merry, for tomorrow you die.
No fence against ill fortune.
A square and regular dose of pessimism in the sayings makes me remember about the long lists of those who are on the death row and are awaiting the execution as a divine reward for their sufferings.
A judge says to a convict: “You have been convicted on nineteen counts, and you are hereby committed to the state prison upon cumulative sentence of ninety-nine years. Have you anything to offer?”
The convict responses: “Nothing, judge, except you are pretty free with another man’s time.”
Men have never been quite human. Cruelty of the law of the jungle is adherent to human nature. People practiced hanging, beheading, crucifixion, burning, torture, shooting and electric chair as a form of capital punishment.
In Russia death penalty was made legal by Dvin statute in 1389. The main aim of death penalty at that time was retribution, revenge and scaring the public against committing crimes. Later, with the development of the state system, death penalty was used mainly for society protection and the maintenance of the calm life for certain citizens. There were times in Russian history when death penalty was not registered in legislation at all, and people were executed without court’s decision but only by word of the rich and the powerful.
On the 2nd of February in 1999 Constitutional Court of RF stopped death penalty execution and since that time no criminal in Russia has been put to death. Russian constitution grants the accused the right to be judged by a court of jury, but the jury system hasn’t been introduced to the whole territory of RF yet, and until a jury decides that a criminal must be punished by death, no one can be executed. So, all those who have been sentenced to death penalty since 1999 by regular state courts are on the so called “waiting lists”, expecting the death to come any day. Do you think it’s human? And what did Medvedev mean last week saying they would find the criminals who committed the act of terrorism in the Moscow underground and destroy them? HOW?
Firstly, having abolished death penalty in practice Russia has to support, feed, dress, shelter and guard criminals lifelong and it may be very expensive for a state.
Secondly, life imprisonment eliminates the sense of revenge and retribution among the public. Those who have lost their relatives and friends because of the crimes committed do not feel satisfied.
Thirdly, even though the criminals are isolated from the society, the public can’t feel safe. There were cases of escape from prisons, cases of pardon for those who were sentenced to death. And no one thinks that a prison can make a person different.
Death penalty supporters’ reasons are:
1. Death penalty introduces harmony in the main principle of justice. If a thief must be imprisoned, a killer must be dead.
2. Death penalty executes preventive function, warning the public against committing murders.
3. Death penalty executes the function of retribution.
The most powerful argument against capital punishment is the probability of “judicial mistake”.
Also some say that the right to live is the blessing and humans can’t take away what is granted by God.
We have conducted a survey and asked the students of the 2nd, the 3rd and the 4th years of the faculty of law the following questions:
What’s your attitude to abolition of death penalty? Are you for or against? The results of our survey are the following: 60 % of students in the 2nd year of studies are for the death penalty, in the 3d year 42 % support this old custom and in the 4th year only 31 % vote in favor of executions.
One may say the older the students are the more sympathetic they are with those who are in trouble. But does that really mean we are not cruel? The problem cuts both ways. Have we really reached a deadlock?
Project 5 M. / I.
BARRISTERS VS. SOLICITORS
Today we would like to speak about a split profession; I mean the differences in duties and responsibilities of barristers and solicitors.
A barrister is a lawyer that employs a split profession (as opposed to a fused profession) in relation to legal representation. In split professions, the other types of lawyers are mainly solicitors.
Solicitors have more direct contact with the clients, whereas barristers often only become involved in advocacy before a court. Barristers are also engaged by solicitors to provide specialist advice on points of law. Barristers are rarely instructed by clients directly (although this occurs frequently in tax matters). Instead, the client's solicitors will instruct a barrister on behalf of the client.
Solicitors are lawyers who traditionally deal with any legal matter apart from conducting proceedings in courts (advocacy), with some exceptions.
The historical difference between the two professions is that a solicitor is an attorney. It means they can act in the place of their client for legal purposes (as in signing contracts), and may conduct litigation by making applications to the court. A barrister is not an attorney and is usually forbidden from "conducting" litigation. This means that while the barrister speaks on the client's behalf in court, the barrister does so when instructed by a solicitor. This difference in function explains many of the practical differences between the two professions.
The practical differences between the two professions are:
1. The barrister will usually have rights of audience in the higher courts, whereas other legal professionals will have more limited access, or will need to take additional qualifications to do so.
2. Barristers used to have a major role in trial preparation, including drafting pleadings and reviewing evidence. In some areas of law, that is still the case. In others, it is relatively common for a barrister to only receive a "brief" from an instructing solicitor to represent a client at trial a day or two before the hearing.
3. Barristers often have a more specialized knowledge of case-law and precedent. When a solicitor in general practice is confronted with an unusual point of law, they sometimes seek the "opinion of counsel" on the issue.
4. Many problems are dealt with exclusively by a solicitor. For instance, the solicitor deals with petty crimes and some matrimonial matters in Magistrates' Courts, the lowest Courts. He prepares the case and the evidence.
However, in many countries, the traditional divisions are breaking down. Barristers used to enjoy a monopoly on appearances before the higher courts, but in most countries this has now been abolished, and solicitor advocates can generally appear for clients at trial. Increasingly, firms of solicitors are keeping even the most advanced advisory and litigation work in-house for economic and client relationship reasons. Similarly, the prohibition on barristers taking instructions directly from the public has also been widely abolished.
In most countries, barristers operate as sole practitioners, and are prohibited from forming partnerships. However, barristers normally band together into "chambers" to share clerks (administrators) and operating expenses. Some chambers grow to be large and sophisticated, and have a distinctly corporate feel. Some barristers, on the other hand, are employed by firms of solicitors, banks or corporations as in-house legal advisers.
The reasons for a split profession are largely historical, but a number of reasons are still advanced for maintaining the split:
· Having an independent barrister reviewing a cause of action gives the client a fresh and independent opinion from an expert in the field, something that rarely happens in jurisdictions with fused professions.
· Having recourse to all of the specialist barristers at the bar enables smaller firms, who could not maintain large specialist departments, to compete with larger firms.
· A barrister acts as a check on the solicitor conducting the trial; if it becomes apparent that the claim or defense has not been properly conducted by the solicitor prior to trial, the barrister can (and usually has a duty to) advise the client of a separate possible claim against the solicitor.
· Having trials conducted by experienced specialist advocates makes for smoother, more professionally run trials.
Against that, a number of disadvantages are put forward:
· A multiplicity of legal advisors leads to higher costs.
· As barristers are dependent upon solicitors for referrals of work, it is open to question how willing barristers are to criticize those who instruct them to the client.
· Barristers are sometimes criticized for being "over-specialized" and not having sufficient general expertise outside of their fields in some highly specialized fields.
England is almost unique in having two different kinds of lawyers, with separate jobs in the legal system. In fact there are at least 50,000 solicitors in Britain, and the number is increasing. There are over 5,000 barristers in England.
To qualify as a barrister you have to take the examinations of the Bar Council. These are different from solicitors' examinations – Law society final examinations. Then a barrister must take a year as a pupil in a barristers’ chamber and a solicitor – a year as an articled clerk with a solicitors’ firm.
I hope you remember the differences between the two professions we’ve just listed. Now have a look at the table below and try to summarize the main points you’ve heard according to the following:
Duties and responsibilities
Project 6 Gurnitskiy A. / Mogachyov D.
THE ROLE OF SENSE OF JUSTICE IN THE LEGAL LIFE OF A SOCIETY
The law, like any human invention, defies perfection.
Thus, learned men have, since time immemorial, debated law and justice resulting in a never-ending series of epiphanies, each inching us closer to a complete understanding of the law.
The grand jurors, sworn, chosen and selected for the contest of English, in the name and behalf of all the champions of the truth and justice, you are hereby cited and admonished to be, and appear at the trial, to be held on the second Saturday of April in the year of our Lord two thousand and ten, pursuant to a writ of error filed by students of IGUMO, where legal consciousness is plaintiff in error, and legal unconsciousness is defendant in error, to show cause, if any there be, why we should promote and support legal consciousness and why speedy justice should be done to any party with the opposite state of mind.
What is legal consciousness, grand jurors?
Legal consciousness is a set of ideas, views, feelings, traditions and experiences which express the relation of people to the legal phenomena of public life. These are ideas about legislation, legality, justice and right or wrong behavior.
What are the functions of legal consciousness, you might ask?
They are cognitive, estimative and regulative.
The cognitive function corresponds to the sum of legal knowledge, growing out of an intellectual (cognitive) activity and expressed in the concept of «legal background».
The more knowledge you get from your professional studies the more developed your legal background is. And remember your work experience – practice makes perfect.
The estimative function gives life to the emotional relations of a person to different parties in a society and is based on experience and legal practice.
We usually estimate the way justice is carried out in a society. That terrorist act of the 29th of March in the Moscow underground really agitated and made everyone think about the ways to prevent such crimes in the future. The problem is highly emotional but can be solved only by promoting sense of right and wrong in public mind without evil practices like national discrimination or revenge towards certain tribes.
Regulation (the third function of the sense of justice) means:
· stimulation of a corresponding act or behavior
· establishing borders of behavior
Several questions stem from the regulative function: Do you think the Militia really works? Do prisons deter from committing crimes or is detention considered to be a revanchist punishment? Is the court system efficient and just? Is the legislation perfect?
The sense of justice plays a regulative and an "in process" role, including acceptance of law and all kinds of legal decisions.
The sense of justice plays an important role in the perfection and development of the legal life of a society.
1. The sense of justice is an essential factor for the creation of norms of the right, because all rules of law are formed during activities of legislative and judicial bodies.
2. The sense of justice is the important and necessary condition for exact and full realization of the rules of law. These requirements are carried out by means of their conscious strong-willed activity. And the higher the level of sense of justice of citizens of the state is, the more the instructions of the rules of law are precisely executed.
The most dangerous deformation in the sense of justice is the legal nihilism. It is the legal consciousness constructed on total negation of any social value of the right. Isn’t terrorism a form of legal nihilism? Doesn’t it destroy the legal regulations and faith in justice when some notorious ex-commandoes from the Caucuses frighten innocent people with bombs and introduce unpredictability into life of thousands of common men and women unaware of the fault they are terrorized for? The legal nihilism leads to legal anarchy and a legal lawlessness.
Summing up the above said, we should emphasize the importance of the sense of justice for a society’s development. So, we do certify that we institute proceedings against anyone who will refrain from promoting establishment of legal consciousness in the hearts and minds of the citizens of our country. Given under our hands, and seal of IGUMO & IT, this 10th day of April, 2010.
Now, when we have delivered a lecture, we would like to offer you a simple test which can help you understand how conscious you are about the legal matters in our life. You are given some situations and legal (or illegal) solutions to them. Make your choice and see if it is difficult or easy for you to find the right decision.
A fashion model makes a lot of extra money by inviting photographers into her home to take pictures of her. These photos are published in a celebrity magazine. One day she is secretly photographed while working out in a private gym. Three days later the photos are published in another magazine without the model’s permission. The model decides to sue the magazine. Should the magazine pay compensation to the model?
1. Yes, because she didn’t give her permission to publish the photos and the publication is an invasion into her private life.
2. Yes, because the journalists trespassed her private property.
3. No, because what the journalists did is the gist of their work.
A sports star has been charged by the police for injuring a man in a fight in a pub. The sportsman claims he was nowhere near the scene of the crime. He is allowed to remain free until the trial. Forty journalists wait outside the doors of his house to photograph and speak to the star. The sports star complains to the police he can’t go outside the door of his own house. Should the police have the power to move the journalists away?
1. No, it’s all Tom’s fault.
2. No, because any police actions would have no effect.
3. Yes, because the journalists violate Tom’s right to privacy.
A journalist manages to plant a listening device in the hotel room of a famous politician, John Daniels, who has always promoted family values. The next day the intimate conversation between the politician and a woman (who is not his wife) is printed in a newspaper. Should the politician be able to sue the newspaper?
1. Yes, because journalists are legally permitted to do things like that.
2. No, because the journalists violate the civil right to privacy.
3. All depends on the degree of danger to society.
Millie lives next to a pop star. Newspapers keep phoning her to get information about her neighbor. Photographers are outside her house every night and she can’t sleep because of the noise and TV lights. There’s nowhere to park her car. One day she loses her temper with them. She damages their cars and breaks several expensive cameras. Should the newspapers be able to sue Millie for the damage she did?
1. Her responsibility is reduced, because the journalists provoked her actions.
2. Yes, because Millie is legally permitted to do so.
3. Millie was quite right in her actions. The journalists were the first to violate her rights.
Todd, a pupil at a law firm, is checking his email and instant messages on the company computer. The company’s ethical computer use policy clearly states: company computers are to be used for computer business account only. Should Todd be legally responsible for his actions?
1. Todd must be legally responsible, because the law forbids using public equipment in private interests.
2. Todd doesn’t have to be legally responsible as it is not an offence.
3. The company must be legally responsible as they prohibit communicating with friends and relatives and so they violate the rights of citizens.
Sally is a salesgirl in a large department store. She is a teenager who is pressured by her friends to help them shoplift. At first Sally refuses but eventually goes along with her friends. Afterwards she feels guilty. Should Sally be legally responsible for her actions?
1. Sally is quite right in her actions and she won’t be punished as there is no unlawful intent.
2. She made advantage of her working position and it makes her crime even worse.
3. She will be punished but because of repentance her legal responsibility will be reduced.
Your mother is very ill. Doctors say that she will probably live for another year but she will have to suffer a lot. In the end she will die. She is constantly complaining about her sufferings and pleads you to give her a drug which will kill her immediately. On the one hand you can’t see her suffering but on the other hand to give her the drug means to kill your own mother. What should you do?
1. You should give her the medicine.
2. You mustn’t give her the medicine. You should suppress your emotions and bear it.
3. There is no solution to this problem as both lines of action will be too cruel.
In our opinion the right answers are those in bold type. And what do you think?
Project 7 Abramushkin S. / Vaganyan N.
THE PROBLEMS OF JURY SYSTEM.
For the second time in the history of Russia in the course of judicial reform there are endless debates about the jury. The fight began badly, with hot public battles, and then passed into the court room, gradually developed into sustained opposition to academic lawyers and attorneys and practical criticism from prosecutors. Some experts in the field of public relations believe that the situation with a jury trial in Russia has become critical and requires immediate and active involvement of society in the discussion of this issue. It is not surprising, because an ordinary citizen really enjoys participating in the jury box.
We get the most reliable sources of public information about the trial by jury from books, movies, television. Perhaps many are not even aware that in many states, including highly developed Japan, a jury trial does not exist.
The official information about the trial by jury appears and disappears in the popular press or on television. As a result, the word of the jury for the average person has become a kind of an image of something incomprehensible, but absolutely necessary for the administration of justice. And only in England and most states in the U.S.A., the jury is looked upon as something irrevocable and organically merged with society.
When we talk about trial by jury, we usually talk about criminal justice. Criminal justice is vital to any society. It replaces the private violence. Criminal justice acts on behalf of the state. In a normal society, criminal justice is designed to support the orderly development of society and protect it. Trials by jury are one of the tools and guarantee the successful implementation of this function.
The jury usually consists of twelve men and women, selected from the community. They all have to meet certain requirements, which vary depending on local laws. In any case, these people must have an unblemished reputation and the confidence of the society from which they are elected. For example, any mentally healthy UK resident aged 18 to 70 years old, not working in the justice system the past 10 years, and not a servant of the Church, may at any time to receive notification that he is included in the list of jurors.
It is assumed that the jury is totally impartial. Lawyers for both sides will ask prospective jurors questions and may express no confidence in any candidate for one reason or another. Expression of no confidence means removal a juror from the case.
When a jury is selected, judges begin the process as masters of ceremonies. Lawyers and jury, before whom they appear, are the protagonists of the process. The judge makes sure that everything was done smoothly and correctly. The judge controls the admissibility of evidence submitted to the jury, explains to the jury, what article of the law is relevant to the case. Judge under no circumstances, should or can interfere in the jury’s decision making process.
Jurors should not be influenced by public opinion throughout the process. They are isolated from society and the media, their relatives are forbidden to see them and talk to them on the phone during the process. The jury is always behind closed doors. In principle, the jury's verdict must be adopted unanimously. How the jury comes to a decision remains a mystery. Few of the jurors usually share information with reporters after the trial, but in some places it is generally considered a crime. Attempt to put pressure on the jury is an offense.
We should also draw your attention to the psychological aspect of jury trials. For example, it is believed that men are generally stricter with criminals, but women are more inclined to justify them, or patronize, but in cases of sexual offenses where the defendant is usually a man, it is basically the opposite. The unequal number of male and female jurors can lead to direct confrontation of their views and significantly influence the final decision.
It's hard to believe, but even the shape of the table in the jury room influences the outcome. The table must be round to all 12 jurors so that they feel equal to each other. If the table is rectangular or oval, a man who sits at the head table will automatically become a leader in the sub consciousness of other participants in the discussion. His opinion will be respected and can strongly influence the views of other members of the jury.
Identity of the accused and the victim also has a tremendous psychological impact on the jury's decision. For example, if the victim at the time of the crime was drunk or generally poorly characterized by the investigation, the defendant's chances for acquittal or leniency increase. The defendant's situation becomes worse when the victim looks like a martyr, for example, if the victim is disabled, old or a child. All these factors will be certainly taken into account, and we believe this should be the main task in the duties of the jury.
From the legal point of view the powers of the jury are clear. If it finds that the defendant is innocent, he is immediately released. The decision of the jury, independent of how wrong or stupid it may seem to a judge or the public, is final and cannot be appealed. If the jury gives the verdict of guilty, the judge applies the criminal law and renders a verdict.
The Role of the Jury in the Trial
Jurors - usually a group of 6 or 12 ordinary citizens - are providing essential services to their fellow citizens: the same way as in medieval England, where they first appeared, the jury does not allow the authorities, even if democratically elected, under the guise of Court repress the citizens. The duty of jury in Russia is to give the answer to the following 3 questions:
1. has the criminal act occurred?
2. is the defendant is guilty of committing the criminal act?
3. does the defendant deserve leniency?
Decisions on these three issues determine the outcome of the case.
The Role of the Judge
The presiding judge at the trial shall be responsible for organizing and conducting the process in a way that allows basing the verdict on the fair and impartial evaluation of the evidence. The judge is obliged to see to it that the defense and the prosecution behave according to the rules, not beyond its powers.
The Judge decides which evidence the parties may submit to the jury, and which cannot. With this purpose in mind the judge gives the jury instructions explaining how to evaluate the evidence impartially, provides documents and other evidence in the case. So the judge shows the jury how important it is to remain neutral until the end of the trial.
The Role of the Prosecutor
The target the prosecutor has at the trial is to represent the state and to prove the guilt of the accused to the crime. The prosecutor makes an opening statement. In fact, in his speech he tells the jury about the evidence in the case. After that the prosecutor will present his arguments to the jury. The defense counsel has the right (but not the duty) to provide some evidence of innocence. The role of the prosecutor's over after he has made a closing statement at the end of the process. Both the introductory remarks and the final statement are addressed to the jury.
The Role of a Lawyer.
The choice of the jurors is based on their competence, objectivity, and other personal qualities and preferences. Any juror can be declared non competent without any explanation by a lawyer. The lawyer’s role is to persuade the jury in his client's innocence or mitigate his sentence by appealing for leniency. In the same way as the prosecutor, defense counsel has the right to a final appeal to the jury, before they leave the court chamber.