Real English: What you need to know if you’re going to court
February 28, 2020
Dunh-dunh-dun-dun-dun-ne-dun-ne-dunh. engVid. Hi.
James from engVid. I did a lesson before on sort of crime, when you get arrested by the
police, and this is a second part, because there are two parts to a legal system or a law system.
The first part is meeting the police, and the police saying you’ve done something wrong.
The second part is when you actually have to get someone to say you are
guilty or innocent. We’ll go over that in a second or two: What does that mean? But
you have to go before people, and they have to tell you everything is good and you can
go home, or bad and you have to go to jail. You ready? Let’s go to the board. All right, so I was on my stool of justice,
but probably gone for a second, here. Let’s go to the board. There are a
couple terms we want to talk about. Remember we talked about being arrested? Well, the
second part is going to court. We like to say: “You have your day in court”, which means that you cannot go to jail
for no reason. Someone has to say you’ve done something wrong, and they have to show it.
So, this video is about the process of how that happens. Okay?
These are called “handcuffs”. Handcuffs. Usually you see the police, they put them on you. Well, on you,
not on me, if you do something bad. Or you see bad guys wearing handcuffs. And the reason
why I did handcuffs is because the two things go together. If you get arrested,
you need to go to court. All right? So let’s get a start. You’ll notice that we have funny pictures up
here, so we’re going to try and figure out what these pictures mean. The first one you
notice is an ear. Well, in North America, before you go to a long-term prison, I give you example.
If you drink a little one night, they can put you in jail for one night, but
then they usually let you go the next day, so there’s nothing special about that. But
if they want to put you in jail for a longer period of time, they actually have to give you a “trial”.
Okay? That’s a word up here. But you need to have a “hearing”. The hearing
is where you go in front of a judge, and that is a man or a woman who listens to what you
have to say, and they listen to what the police say, and they decide if they should say: “This is it, don’t worry about it”, or: “This is serious, and
we need to go further.” This will happen in cases
of murder, and large theft, like $10,000, $100,000, $200,000 or
any kind of sexual crime. If you walk across the street when cars are coming, don’t worry
about it, you won’t need a hearing. But you notice ear is for “hearing”, so this will tell
you the first part is a hearing. “Hearing” because the judge needs to hear what you have
to say, because the police have said you’re bad, and you get to say: ” Hey, look, it wasn’t me”, or: “It’s not what…
That’s not what happened.” So you go for a hearing. Now, after the hearing, the judge will decide,
and they will decide if you have a “trial”. There are two people you must know
will be at the trial. One is… Okay. The first is the “judge”. The
“judge” is the person with this thing. Oh, not exactly the best drawing in the world, looks like Thor’s hammer, but
it’s called a “gavel”. Bang. That’s when they tell you the decision, they hit the gavel.
So that will be the judge. The other person that will be at your trial
will be a “lawyer”. Your lawyer. You’re going to need one. Make sure if you ever get in
this situation, you get a lawyer. In America, it’s called an “attorney”. They can use both
terms, “lawyer” or “attorney”. “Lawyer” is commonly used through English-speaking countries.
Okay? So, there’s also a lawyer for the other side, because there’s you, and you’re called the
“defense”, and on the other side, depending who they’re representing, the
government or another person. Okay? Now, here, after you have… You go to trial,
the judge will make a decision. This decision, he will use his gavel, and it is called a “judgment” or “verdict”.
A judgment or a verdict. This is where they decide if you are “guilty” or “innocent”.
“Innocent” means you are good, no jail time. “Guilty” means you are bad, okay?
Now, you’ll notice there’s an arrow, here. We go here because there’s two little breaks.
There’s a break for a reason. If the verdict is you are innocent, the charges will
be dropped, like a ball. Okay? So you can imagine this, charges dropped, no more, you go
home, you’re free. Okay? So if you’re innocent, you… The charges will be dropped. We’ll
draw a little electricity, here. Not the best electricity in the world. Dunh-dunh-dunh. Watch
the flash, there. Electricity. The charges will be dropped and you go home free. If the charges are not dropped, you will get…
I’ll write this word, here, and then I’ll show in a senten-… A second. “Sentenced”. Notice the sentence:
“I loved you” is in the past tense. You will get sentenced. You will
get a sentence or sentenced. This means they will give you a period of time you
must go to jail. They will say: “Okay, you need to go to jail for two
years, plus a day”, or: “One year”. And by the way, those numbers are not just whatever numbers; there’s a meaning
for why two years plus a day, or you have to serve a year. It depends on the country you’re
in, and I will get back to that afterwards a little later. Now, if you get sentenced… Notice: “I loved you”, okay?
You’re going to have to go to, dunh-dunh-dunh-dunh, “prison”, baby. I’m sorry, you’re locked up.
You can see this person is very unhappy. But it’s not over yet.
It’s like Monopoly, it’s a game. No, sorry, it’s not a game, but similar to that
if you go to prison, you can actually say: “Hey, this isn’t fair. I actually didn’t
do anything wrong, and I can prove it.” And you’re allowed to do something called “appeal it”.
Now, if you notice, this is a banana. Well, the skin of a banana is called “peel”,
and it is spelt with two e’s. That’s not how you spell “appeal” here, but you get the idea,
because with a banana, the banana is inside, and then you remove the skin to get a look at
what’s actually there, or to see what happened. In this case, you go for an “appeal” with “eal”, okay?
An “appeal” means you go back up and say: “I want another judgment.” So
you go from here, I want an appeal, and you go up to another judgment. If you’re lucky, you can get the charges dropped here.
If not, I’m sorry, we go straight to here. Okay? So I put
“appeal” down here, sorry. Doo-doo-doo-doo-doo-doo-doo, and you’re going to serve “time”. Okay?
You go to prison and you serve time. Sorry about that, kids, but you will have serve… Notice how this looks
like a clock, you’ll have to do your full sentence if you don’t get the appeal. But when you’re finished your time, you will
be “released”. See how the fish is on the hook and you let the fish go? You let the
fish go, you are let out of prison and you are released. Now, there’s a word I didn’t write
up here, but I will right now, which is this… These are special words. If you go to jail,
you are “convicted” of a crime, which means you went to jail. You are now a “convict”.
So sometimes you hear people talk about: “He’s a convict”, or short
they say: “He’s a con”, and that means you serve
time in prison. Now, you can do something wrong, but not go to
jail, then that means you are not a convict, nor have you been convicted. You might be
a “criminal”, but you’re not a “convict”. So when you watch your TV programs, they go:
“That con just got out”, or: “He’s a convict”. They’re saying this person spent time in prison.
Okay? But you could be a criminal and never convicted of anything. Okay?
Keep that in mind. Now, there is one thing I want to mention,
cross your fingers on this one, sometimes there are so many cases, court cases-right?-going
on that it’s very difficult for the judge or the lawyers to get to you and your case.
And what will happen is they will say: “We’re going to throw
it out.” And they say: “Look, you already went to…
You know, you were in jail for the night, you waited two years,
this is too long, this is not right, so we’re going to throw out your case.” Okay? Because when you hear somebody say: “I was… I had to go to a hearing, then I went to…
I didn’t go to court, because I threw it out”, probably what happened is they took too long,
so you go home free, no problems. Cool? Well, let’s… If you really understand this,
we’re going to do a little quiz and see how well you understand the court system
for British-speaking countries. Are you ready? [Snaps] Hey. Before I start with a little quiz that I
have for you, just to make sure you understand what we were doing with the vocabulary we
were learning for, you know, the criminal court system, I just want to go over something
that you will hear, because I live in Canada, so I will say one thing, but many programs
that you will watch will be American, and they will say something else. So you should
understand what the difference is, okay? Now, “guilty”. If you’re guilty of a “felony”
or a “federal charge”. If something is very small, like you steal a chocolate bar from
a store, or you were driving a little too fast, these are classed “misdemeanors”, they are small.
You probably won’t get in that much trouble. Usually, you get a fine where
you must go and pay money. That’s it. Right? Or you punch somebody, even, boom, you hit
someone, you get a fine, usually, if there’s no serious damage. However, if you do things that are considered
federal charges or felonies, there is something specific that takes place. Number one, there
are serious charges. Okay? So felonies and criminal charges are serious. Murder, where
you kill someone; rape, this was a sexual attack; if you drink and drive and kill someone,
that’s called “manslaughter”. So you can drive fast, and you’ll get a ticket. If you drive
and kill somebody or hit somebody, you’ll get a felony. Now, what does this mean for you?
Because you’re like: “Okay, nice words, ‘misdemeanor’, ‘felony’,
‘criminal charges’, blah, blah, blah.” Hold your horses. This is serious. When it’s a misdemeanor in Canada, you’re
going to go to jail for less than two years, and the judges will actually say something
like: “Two years, less a day”, that means you go in provincial… A provincial jail
or a local prison, somewhere close to where you live. So if you live in Toronto, you’ll
go to a Toronto jail, okay? In Canada, if they say this is a criminal charge, it’s two
years, plus a day. That means federal time. That means they move your butt from where you
are to a federal prison. It’s considered very serious, that’s why it’s murder,
serious theft, or injuring someone badly. United States is interesting. There’s… There’s
serious crimes, they’re called “felonies”. It’s the same idea, it’s a serious crime. But
the difference, here, is this: In Canada, they think you’re a serious criminal and you
need to be in a serious place if you’re going to jail for more than two years, because you’re
very dangerous, they think. In America, 12 months is enough. So if you do something,
the judge goes: “365 days”, you’re going to a serious prison. Now, there’s one thing I didn’t write on the
board, but in America they have in many states, like California, they have what’s called a
“three strikes rule”, that means if you get three felonies in a row, you go to jail for
the rest of your life. So when in the States, be careful, because the first time you get
your first felony and second, don’t think: “Oh, I’ll just get one more.” No, because you’re going to
go to jail for the rest of your life. All right? Just a little something,
because I know many of you who watch American programs are always talking about: “That’s a felony, you
know that, don’t you?” And you’re going: “He did
something bad, what?” This is why you need to know, okay?
You’re going to jail at least a year, and if you
get three of them, you’re done. Now, let’s go to the board and do the quiz. Dunh-dunh-dunh-dunh-dunh-dunh. Matlock. “The judge have her __________
and I had to go to jail.” Remember there are two possible words for
this, so you have two shots to get it right. What do you think it will be? Similar to the decision. That’s right, gave her
“verdict”, or you could say “judgment”. She gave her verdict or
she gave her judgment, and I had to go to jail. Okay? What about the next one? “In Canada you go to federal prison if your
sentence is ____ ____ ____ ____ ____.” That’s right, “two years plus a day”. So if you get two years-that’s a long time, people-plus-and
this is the important part-plus a day, you’re going to federal prison. That’s the serious
one where the guards carry stuff. Ugh. Not a place you want to go and
be for a long time. Okay? Number three: “If the charges are dropped
you will be __________.” And I want you to think like the fish.
Do you remember the fish? That’s right, you will be “released”. They
will let you go. You will be released. And number four: “The person who helps you in
court is your __________.” In America, they call
them “attorneys”. What do you think they call them in the
rest of the English-speaking places? Another word for “attorney”? Your “lawyer”, because
your lawyer knows the law. And I’d like to say thanks for doing the quiz,
thank you for coming here. Knowing English, I want to send you to a place where you
can learn more English, and that’s www.eng, eng as in English, vid as
in video.com (www.engvid.com), okay? Go to engVid. We would like
to teach you more English. Thanks for tuning in, and
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