2. 外语
  3. How jury panels(全体陪审员) are examined and selected is controlled by statute (法规), court rules, local practices, and the judge’s pr

How jury panels(全体陪审员) are examined and selected is controlled by statute (法规), court rules, local practices, and the judge’s pr

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问题    How jury panels(全体陪审员) are examined and selected is controlled by statute (法规), court rules, local practices, and the judge’s preferences. (偏爱)Your first step must always be to determine how a jury is selected in your judge’ s courtroom. When in doubt, ask the judge or his court personnel. (全体人员)
   Them are many variations(变化) in jury selection methods, but most are based on the two principal systems used today. The first is generally known as the "strike system". Under this sys- tem every juror in the venire is questioned under one of the methods described earlier. As each juror is questioned, the lawyers simply fill out a sheet, often a printed form, that lists each juror in succession. (连续)When the last juror has been questioned, the lawyers for each party designate (指示) those jurors against whom they wish to exercise peremptory (最后的) challenges. The lawyers then give their lists to the judge, who compares them and then simply calls the first 12 names -- assuming a 12 person jury -- that have not been challenged by any party. These 12 be- come the jury. Alternate (轮流的) jurors, if necessary, are simply the next unchallenged names on the lists.
   The strike system has advantages and disadvantages. Its disadvantage is that it requires questioning every prospective (未来的) juror in the venire. Its advantages, which probably account for its growing popularity, are that it avoids most of the gamesmanship of the selection process and keeps jurors from knowing which party used a peremptory challenge against them.
   The traditional jury selection method, still common today, simply fills the jury box with the necessary number of jurors. Only the prospective jurors in the box are questioned under one of the methods described above. When each has been questioned, the plaintiff’s lawyer will exercise the permptory challenges he wishes to use at that time. The challenged jurors are excused (免除) and they are replaced by new jurors from the venire, who usually sit in the back of the courtroom. The new jurors in the box are then questioned, and plaintiff’s (原告) lawyer again can exercise permptory challenges against them. This process continues until plaintiff’s attorney (律师) accepts the panel and "tenders (提出) the panel" to the defense lawyer then goes through the same steps, exercising his peremptory challenges, replacing the challenged jurors with new jurors from the venire, and continuing with this process until the defendant’ s lawyer is satisfied with the pan- el. He then accepts the panel and tenders it back to the plaintiff. The plaintiff’ s lawyer can then exercise peremptory challenges against jurors he had not previously (以前) accepted. This process goes back and forth until both sides accept the same panel of jurors. Alternate jurors, if necessary, are picked through the same process.
   The traditional method also has advantages and disadvantages. Its advantage is that only those jurors in the jury box need to be questioned. Its disadvantages are that it permits a great deal of gamesmanship during the selection process.
   Keep in mind that the two selection methods described above are not the only methods employed. There are numerous (很多的) variations of these methods. The safest course is always to learn in advance how the jury for your particular (特定的) case and in front of the particular judge will be selected.
Which of the following statements about traditional method is TRUE?
选项 A、The judge only questions p4tospective jurors.
B、It is the plaintiff’s lawyer who exercises peremptory.
C、Challenges against jurors.
D、The traditional method in jury selection is rarely adopted today.
答案B
解析
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