segunda-feira, 30 de maio de 2011

Legal English: AGU and PGR

The Public Ministry is an important independent body in Brazil's judicial system. Its principal component, the Office of the Solicitor General of the Republic (Procuradoria Geral da República--PGR), is composed of several public prosecutors selected by public examination. The PGR's headquarters is in Brasília, and it has branches in every state. The PGR is charged with prosecuting those accused of federal crimes, those accused of offending the president and his ministers, and all federal officials and employees accused of crimes. Before 1988 the president could appoint and dismiss the solicitor general at will. Under the 1988 constitution, the solicitor general has a fixed, renewable two-year term and is appointed by the president, with Senate approval, among the career prosecutors.

The Office of the Federal Attorney General (Advocacia- Geral da União--AGU), which was separated from the PGR by the 1988 constitution, defends the federal government against lawsuits and provides legal counsel to the executive branch. The AGU was organized and staffed under a provisional measure (MP) issued by President Franco.
Source: U.S. Library of Congress

Legal English: Vocab Review / Change of Venue Motion

The defendant, Joshua Komisarjevsky, is currently awaiting trial on a multicount information, including several _____ of capital _____ .  The case has _____ intense public interest. On November 8, 2010, the jury in State v. Hayes _____ special verdicts _____ a sentence of death for the co-defendant.

counts      returned      mandating      felony     aroused

On February 4, 2011, Komisarjevsky ( _____ referred to as “the defendant”) filed the motion for change of _____ now _____ the court.  The motion is based on what it terms “the unprecedented, _____publicity surrounding this case, as _____ by the recent trial of Mr. Komisarjevsky's co-defendant, Steven Hayes.”

hereinafter     prejudicial      before    exacerbated      venue

At the hearing, Steven Penrod, a professor of psychology at the John Jay College of Criminal Justice _____ that a poll he conducted found the highest level of “case _____” he had ever seen. A smaller, but still substantial, percentage of _____ expressed an opinion that Komisarjevsky was guilty. 70.6% of his New Haven _____ reported that they could _____ a verdict based only on the evidence. A second defense witness submitted a flash drive containing 1,808 media reports concerning the cases _____ from the Internet, showing the cases have been _____ reported.
respondents(2)     widely       testified       render     culled       recognition

“Any judge _____ a criminal session of the Superior Court may, _____ motion, order any criminal case _____ in the court to be transferred to the superior court for any other judicial district if extraordinary local _____ will prevent a fair trial.” The defendant _____ the burden of showing that he could not _____ receive a fair and impartial trial. The trial court exercises its _____ in deciding whether to grant such a change of venue.

holding     discretion     prejudice     otherwise       upon     bears      pending

A defendant cannot rely, however, on the _____ fact of extensive pretrial news _____ to establish the existence of _____ prejudicial publicity and must demonstrate that the publicity was so inflammatory or _____ that it created a trial atmosphere _____ corrupted by press _____. The Supreme Courts of Connecticut and of the United States have provided _____ on this issue.

guidance      mere     inaccurate      coverage(2)     inherently     utterly

Skilling _____ a four-factor test in determining _____ a “presumption of prejudice,” like that found in Rideau, exists in a given case:  (1) “the size and characteristics of the community in which the crime occurred,” (2) _____ news stories about the defendant “contained [a] confession or other _____ prejudicial information of the type readers or viewers could not reasonably be expected to _____,” (3) the _____ of time between the crime and the trial, and (4) the _____ verdict of the jury.

lapse       employs        shut from sight       whether(2)       actual        blatantly

First, the New Haven Judicial District has a population substantially _____ than that of Rideau's parish. It consists of thirteen towns with a significant diversity of residents. “Given this large, diverse _____ of potential jurors, the suggestion that 12 impartial individuals could not be _____ is hard to _____.” Second, media reports on the cases in question have not focused on “_____ of guilt.” Some of Komisarjevksy's post-arrest statements to the police and certain diaries apparently authored by him in prison were _____ into evidence in the penalty phase of State v. Hayes, and these admissions generated news reports at the time. But these admissions do not appear to have been particularly _____ in the public mind.

pool       admission[s]       greater      admitted        sustain       salient      empanelled

Third, by the time the jury in this case is _____, over four years will have _____ since the crime. This prong of the Skilling analysis is made more complicated by the fact that Komisarjevsky's co-defendant was tried in the fall of 2009, and the Hayes trial _____ generated publicity unfavorable to Komisarjevsky. But, as discussed in the analysis of Skilling, _____, this publicity has not created an _____ impression on the public with respect to Komisarjevsky's _____ admissions.

plainly        impaneled        actual       supra         indelible        elapsed

It is significant that the jury in State v. Hayes, which had also been exposed to considerable pretrial publicity, _____ Hayes of one _____ of arson.  This fact serves as a _____ to defense suggestions in this case that, in spite of their _____ and instructions, jurors' verdicts are simply a function of pretrial publicity.  In fact, as Skilling points out, “it is a _____ of [our justice] system that jurors will _____ their preconceptions when they enter the courtroom and decide cases based on the evidence presented.”

oaths      acquitted     premise       count     set aside       counterweight

The court finds that the defendant has failed to establish a _____ of prejudice requiring a change of venue _____ to the beginning of the voir dire process.  The circumstances of this case _____ require the court “to conduct a _____ voir dire in which _____ jurors' attitudes about the case [are] closely _____.” Connecticut law provides a particularly _____ voir dire process. The goal of the voir dire process is not to select twelve jurors “with empty heads. It is sufficient if the jurors can _____ their impressions or opinions and _____ a verdict based on the evidence presented in court.”

thorough      presumption     scrutinized       prospective       searching          prior      plainly       render        lay aside

domingo, 29 de maio de 2011

Legal English: Vocab Review - Criminal Procedure

Criminal _____ deals with the set of rules governing the series of ¬¬¬_____through which the government enforces _____criminal law. Title 18 of the U.S. Code outlines all federal crimes. Typically, federal crimes deal with activities that either extend beyond state _____ or directly _____ federal interests.

proceedings      impact      procedure      boundaries      substantive

The Federal Rules of Criminal Procedure outline the procedure for conducting federal criminal _____. Similarly, states have their own codes of criminal procedure of which many closely model the Federal Rules. Rights guaranteed to criminal defendants include the guarantees of _____ process and equal _____ under the laws, the right to have legal _____ present, the right to _____ witnesses, the right to a jury trial, and the right to not _____ against oneself. While state constitutions and procedural rules may increase the protection _____ to criminal defendants, they may not offer less protection than that guaranteed by the U.S. Constitution.

testify      due      counsel      afforded      trials      protection      confront

Failure by law _____ to follow proper procedure may result in the _____ of evidence or the _____ of an arrested suspect. For example, police must ensure that the defendant understands the right to remain silent and the right to have an attorney present. The defendant must _____, intelligently, and voluntarily _____ those rights in order for the government to use any statements as evidence against the defendant.

release      waive       enforcement      knowingly      suppression

Police also must _____ the Fourth Amendment, which prohibits the government from performing unreasonable searches and _____. To obtain a search warrant, law enforcement must show _____, must support the showing by _____ or affirmation, and must describe in particularity the place they will search and the items they will seize. Exceptions to the warrant requirement include searches made at or near the _____; a search following a lawful arrest; a _____ arrest; where the seized items are in plain view; where the articles are in an automobile; where the private individual makes the search; and under _____ circumstances, where the officer has ¬¬¬_____ for a search to find a crime or evidence relating to a crime.

border      probable cause(2)      abide by      exigent      stop-and-frisk      seizures      oath

The Sixth Amendment to the U.S. Constitution guarantees criminal defendants the right to a _____. Consequently, prosecutors cannot wait an inordinate amount of time before filing _____. The Sixth Amendment also guarantees the right to a public trial by an impartial jury of one's _____. The criminal justice system provides for an impartial jury by permitting both sides to utilize _____ challenges during jury selection. If a party _____ a _____ challenge against a prospective juror, then the court must excuse that particular juror from the panel. These challenges occur during jury _____ to root out _____.

exercises       peers      voir dire        speedy trial       bias       peremptory(2)      charges

In high-publicity trials, trial judges have the responsibility to _____ effects of publicity, perhaps by implementing a _____ on the parties and to eliminate outside influences during the trial. Defendants have the right to _____ their own _____, mount their own evidence, and present their own theory of the facts. The Fifth Amendment, through the _____ prohibits states from _____ the same defendant with substantially the same crime on the same facts.

call      charging      minimize      Double Jeopardy Clause      gag-order      witnesses

Trying to avoid _____ an innocent defendant at all costs, the law only permits the prosecution to overcome the defendant's _____ of innocence if they can show the defendant's guilt _____ a reasonable doubt. This very high _____ differs drastically from a _____ trial's much lower standard in which the plaintiff must only prove a claim by a _____ of the evidence. Criminal defendants have the right to _____ the prosecution's witnesses.

preponderance      beyond       convicting      Cross-examine       civil      burden       presumption

If a defendant cannot _____ an attorney, he/she must receive legal _____ from the Public Defender's Office. An accused shall have access to _____ at every stage of the proceedings, beginning with the defendant's initial _____. The legal counseling received must also constitute "effective counseling." Ineffective assistance of counsel may serve as _____ for a new trial. If a defendant voluntarily and intelligently chooses to self-represent, the defendant may do so.

grounds      afford        self-represent        appearance      representation counsel

At all times during the trial, the defendant _____ a right of not having to provide self-incriminating _____. Thus, the defendant can choose not to _____, or the defendant can choose to _____ but not answer certain questions that would _____.

take the stand(2)      self-incriminate      enjoys      testimony

After a suspect’s arrest, a judge will set initial _____. If the defendant shows up for the proper court _____, the court refunds the _____. During an _____, a judge calls the person charged, reads the criminal charges against him/her, and asks the accused to _____. At the preliminary _____, the judge determines whether enough evidence exists for the prosecution to meet its _____, or whether there is enough evidence to make the defendant _____ trial.

hearing      bail(2)      plead      stand      arraignment      burden of persuasion      dates

At a _____ hearing, the prosecution and the defense team file _____ _____ a judge. These _____ usually concern whether the court should suppress certain evidence, whether certain individuals can _____, or whether the judge should _____ all charges for _____ of evidence.

motions(2)      lack      pre-trial      testify      dismiss        before

For minor _____, penalties may include _____, fines, short-term _____, community service, drug and alcohol _____, and payment of _____ to the victim, among others. More serious crimes result in presentation of evidence and arguments from both the prosecution and the defense regarding the appropriate _____. Some jurisdictions will have a separate sentencing phase trial.

incarceration      restitution      infractions      sentence      rehabilitation      probation

During a sentencing trial, the prosecution presents evidence of _____ factors, and the defense presents evidence of _____ factors. The U.S. Supreme Court has interpreted the US Constitution to protect the right to a jury sentencing trial for all defendants _____ the death penalty.

mitigating      facing       aggravating

terça-feira, 24 de maio de 2011

Prime 8: Globalization

No Logo: Brands, Globalization & Resistance

BBC Globalisation
Joseph Stiglitz - Sharing the Benefits of Globalization

Globalization's Effects on the Global Poor - C. K. Prahalad

Global Challenges in the 21st Century De: YaleUniversity

Ernesto Zedillo, Director, Yale Center for the Study of Globalization, poses questions to Robert Zoellick, President of The World Bank, on the global economy, public service, global governance, and challenges to global peace and security

segunda-feira, 16 de maio de 2011

Legal English: Komisarjevsky's Motion for Change of Venue Questions

  1. What was Komisarjevsky’s basis for filing a motion for change of venue?
  2. Who did he call as a witness and what did that witness testify to?
  3. What were some of the questions asked in the telephone poll conducted by the witness and his team?
  4. What was exhibit A1 and why was it relevant?
  5. Can a Connecticut judge order the change of venue sought?
  6. What is the standard that needs to be met in issuing such an order?
  7. What is the moving party’s burden of proof?
  8. What is the importance of Rideau v. Louisiana, 373 U.S. 723 (1963) in this motion debate?
  9. What is the importance of Skilling v. United States?
  10. What were the four factors considered by the court in deciding this motion?
  11. What is the relevance of the timing of the motion relative to the voir dire process in this case?
  12. Can prospective jurors exhibit any knowledge of the facts of a case?
  13. According to the state, what is the problem with the statistical nature of the evidence presented by the defendant in support of the motion?
  14. What was the prosecution’s point about the voir dire process and venire persons?

sábado, 14 de maio de 2011

Legal English: A few terms...

Voir dire

to taint

in flagrante delicto

jury / unanimity
 It had therefore been held that this included trial by a jury of 12 persons53 who must reach a unanimous verdict54 and that the jury trial must be held during the first court proceeding and not de novo at the first appellate stage.55 However...

sexta-feira, 13 de maio de 2011

Translation: Literature Portfolio

Watch and Ward (1871)
Henry James

ROGER LAWRENCE had come to town for the express purpose of doing a certain act, but as the hour for action approached he felt his ardor rapidly ebbing away. Of the ardor that comes from hope, indeed, he had felt little from the first; so little that as he whirled along in the train he wondered to find himself engaged in this fool's errand. But in default of hope he was sustained, I may almost say, by despair. He would fail, he was sure, but he must fail again before he could rest. Meanwhile he was restless enough. In the evening, at his hotel, having roamed aimlessly about the streets for a couple of hours in the dark December cold, he went up to his room and dressed, with a painful sense of having but partly succeeded in giving himself the _tournure_ of an impassioned suitor.

A Pianista (1866)
Machado de Assis

Tinha vinte e dois anos e era professora de piano. Era alta, formosa, morena e modesta. Fascinava e impunha respeito; mas através do recato que ela sabia manter sem cair na afetação ridícula de muitas mulheres, via-se que era uma alma ardente e apaixonada, capaz de atirar-se ao mar, como Safo ou de enterrar-se com o seu amante, como Cleópatra. Ensinava piano. Era esse o único recurso que tinha para sustentar-se e a sua mãe, pobre velha a quem os anos e a fadiga de uma vida trabalhosa não permitiam já tomar parte nos labores de sua filha. Malvina (era o nome da pianista) era estimada onde quer que fosse exercer a sua profissão. A distinção de suas maneiras, a delicadeza de sua linguagem, a beleza rara e fascinante, e mais do que isso, a boa fama de mulher honesta acima de toda a insinuação, tinha-lhe granjeado a estima de todas as famílias.

domingo, 8 de maio de 2011

Legal English: Criminal/Petit

US Murder and Criminal Procedure:

Peremptory Challenges / Jury Selection



Judge's Order/Motion Denied





2011 Komisarjevsky / Jury Selection / Pretrial Motions


New Haven Register / Plea Bargain

ABC News / Plea Bargain

MiddletonPress / Guilty Plea Motion Denied

CNN Justice



News Video