JuryProcedure陪审团程序.ppt

Jury ProcedureJury Procedure陪审团陪审团 程序程序Before the formal trial• Before the formal trial ,the judge will list some note,and sand it to jurors. To tell them what they should do, what they should not do. After reading this written file, each juror should sign his name, says he has understood these precautions. The jury has a organizer, who can also be called the “colonel” of a jury .The jury colonel elected by all the jurors. • 在正式开庭审理之前，法官将注意事项详细地以书面形式 告知陪审员告知哪些事可以做，哪些事不能做每个陪 审员在阅读完这些文件后签上自己的名字，表示自己已经 了解了这些注意事项。

陪审团有一个协调和组织者，此人 也可称为陪审团的“团长”陪审团的团长由全体陪审员选 举产生 • Cross-examination system, namely, the judge and jury can not ask the case witness directly. All those questions are asked by both parties’ lawyer. The jury understand the truth of the case through lawyers’ questions and witnesses’ answers, the judge controls both the lawyer's cross-examination. Judges and lawyers could discuss the case in procedural matters, but jurors cannot participate it, because juries can't ruling procedural matters.美国的法庭审理实行交叉询问制，即 法官和陪审团都不能直接询问案件的证人，只能由双方当 事人的律师询问。

陪审团是通过双方律师对证人的询问来 了解案件事实的，法官则控制着双方律师的交叉询问法 官与律师讨论案件中的程序事项时，陪审员不能参与，因 为陪审团不能裁决程序事项 Cross-examination systemKnowledge supplement• In a court case, the judge will constantly send some instructions to the jury.在开庭审理中，法 官会不断地给陪审团发出各种指示 • After the witnesses of both sides have testified, the judge require the jury discuss the case, and make a decision当双方的证人都出庭作证后，法 官就可以要求陪审团对案件进行讨论并作出裁决 • According to the plaintiff's request, the jurors form the preliminary judgment, then vote.陪审员 根据原告的请求初步形成一项裁决意见，然后投 票表决In court•In the vote, all those 12 jurors are demanded to vote投票时，要求１ ２名陪审员都要投票。

•In ordinary civil cases or criminal cases, there must be more than 9 voted agreed ruling. If less than 9 votes, that requires the jury reconsidered, until form a majority verdicts opinion .一般的民事和刑 事案件要求裁决的投票结果达到９票以上如果不能达到９票以上， 陪审团就需要重新审议，直至形成多数裁决意见 • When it comes to the murder, must be unanimously.指控谋杀成立 的案件则要求一致通过 •In civil damages cases, the jury could only make decision in the amount that required by plaintiff, and cannot exceed the amount在 民事赔偿案件的审理中，陪审团同样只能在原告所要求的数额范围内 作出裁决，不能超出voteThe progress of civil and criminal casesWhen the court again, the judge will ask the jury colonel whether the decision has formed. If formed, colonel will announce the decision and the voting results. After announcing the results, the judge will ask every juror’s opinion ----to agree with or against. If more than four jurors against the verdict, the ruling will be invalid, and the jury will reconsider the case again.再次开庭时，法官将询问陪审团团长是否形 成裁决意见。

如果形成裁决意见，团长将宣布裁 决及投票结果在陪审团团长宣读裁决结果后， 法官还将一一询问各位陪审员的意见，是同意， 还是反对如果这时有超过四名陪审员反对，裁 决就将无效，陪审团就要重新审议judgmentThat’s all Thank you !----Group 3III. III. Jury ProcedureJury Procedure陪审团程序陪审团程序To be continued on the next page.vv How is evidence presented to the jury?How is evidence presented to the jury?The plaintiffs in the case call witnesses and question them. The plaintiffs in the case call witnesses and question them. The questioning of a witness by the party who called the The questioning of a witness by the party who called the witness is known as “direct examination”. Each party has a witness is known as “direct examination”. Each party has a right to ask questions of the witnesses of the other party. right to ask questions of the witnesses of the other party. This is called “cross-examination”. Usually the plaintiff first This is called “cross-examination”. Usually the plaintiff first calls all of his or her witnesses. When a party has called all calls all of his or her witnesses. When a party has called all the witnesses that he or she wishes at that time, that party the witnesses that he or she wishes at that time, that party rests. Where there is more than one plaintiff, the other rests. Where there is more than one plaintiff, the other plaintiff then calls witnesses and then likewise rests. plaintiff then calls witnesses and then likewise rests. 证据是如证据是如 何给陪审团的吗何给陪审团的吗? ?原告如传召证人及提问。

询问证人的一方当事人称为证人被称为 原告如传召证人及提问询问证人的一方当事人称为证人被称为“ “监督检监督检 验验” ”每一方有权提出问题的证人的另一方这就是所谓的每一方有权提出问题的证人的另一方这就是所谓的“ “质证制度质证制度” ”通常 原告首先调用他原告首先调用他/ /她所有的为这事作见证参考译文她所有的为这事作见证参考译文: :一方称所有的见证人面前一方称所有的见证人面前, , 他或她希望那时他或她希望那时, ,聚会休息哪里有超过一个的原告、其他原告然后要求证人聚会休息哪里有超过一个的原告、其他原告然后要求证人, , 然后同样地休息然后同样地休息Lesson 5 – Twelve Angry MenIII. III. Jury ProcedureJury ProcedureTo be continued on the next page.vv How is evidence presented to the jury?How is evidence presented to the jury? Then Then the the defendant defendant or or defendants defendants may may call call witnesses. witnesses. This This continues continues until until all all parties parties have have rested. rested. In In a a criminal criminal case, case, the the burden burden of of proof proof is is entirely entirely on on the the prosecution prosecution and and no no adverse adverse inference inference may may be be drawn drawn if if the the defendant defendant calls calls no no 。